HomeMy WebLinkAboutPINEVIEW PUD PHASE I - Filed OA-OTHER AGREEMENTS - 2004-01-22AGREEMENT
'`
THIS AGREEMENT is made and entered into this 7-C"day
of July, 1985 by and between PLATT PROPERTIES, a Colorado
general partnership, hereinafter referred to as "Owner" and the
CITY OF FORT COLLINS, COLORADO, a municipal corporation,
hereinafter referred to as "the City".
WHEREAS Platt Properties, a Colorado general
partnership is the lawful owner of a certain tract of land more
particularly described in Exhibit "A" attached hereto and
incorporated herein by reference; and
WHEREAS said property is the subject of a certain
development agreement dated August 31, 1983 by and between the
City of Fort Collins, Colorado, a municipal corporation and Bob
Peterson, attached hereto and incorporated herein by reference
as Exhibit "B"; and
WHEREAS Owner is the lawful assignee of said
development agreement by means of a certain Affidavit and Waiver
of Claims executed by Bob Peterson on July 13, 1985, a copy of
which is attached hereto and incorporated herein by reference as
Exhibit "C"; and
WHEREAS Owner is now desirous of entering into an
agreement in full accord and satisfaction of all of its rights
pursuant to said development agreement with the City of Fort
Collins, Colorado, and to waive all other rights otherwise
arising pursuant to the development agreement in consideration
of the payments hereinbelow set forth;
NOW THEREFORE the parties agree as follows:
1. The Owner agrees to accept the sum of 0)p?g,—IiIITDRED—
T ,'!77v—r'OIIR TF' UOA2 D . i.. T IDID `IT ?ETY SEVFU AND ST;j 777,1T * FOUR CENTS
($ ? 24 ) in full satisfaction of all rights, claims,
a 3 demands pursuant to the development agreement affecting the
subject property referenced above and described more
specifically in the exhibits hereto.
2. The Owner hereby waives all other rights to
reimbursement pursuant to development agreement in consideration
of the payment of the above referenced sum.
3. The Owner agrees to indemnify and hold harmless
the City of Fort Collins, Colorado, a municipal corporation from
any further claims that may be made pursuant to said development
agreement whether by the Owner, its agents, executors and
assigns, or others. Owner shall have the right to defend any
such claim made.
4. Acceptance of these terms and conditions does not
release this or future developers from completing the drainage
facilities as shown on the approved plans on file with the City
of Fort Collins, Colorado. Rights to reimbursement are waived.
5. It is expressly agreed and understood by the
parties hereto that Platt Properties, a Colorado general
partnership has entered into this agreement with the City of
Fort Collins, Colorado, a municipal corporation, pursuant to its
ownership rights in the subject property referenced above and
those rights affecting such property pursuant to the development
agreement referenced above. However, neither Platt Properties,
a Colorado aleneral partnership nor any of its heirs, executors,
assigns, agents, employees or representatives have made any
warranties or representations as to ownership of any property,
or rights to reimbursement pursuant to any other development
agreements affecting certain other real property situate in the
County of Larimer, State of Colorado and legally described as
follows to -wit:
c
agreed that the City will not be responsible for finan-
cial participation in the construction of Pond #1 or
the relocation of the Pleasant Valley and Lake Canal
until development within the upper basin as defined on
Exhibit "X" has been substantially completed. (For the
purposes of this paragraph, substantial completion of the
upper basin shall mean that the upper basin shall be at
least sixty percent (60%) fully developed and con-
structed.) The cost of construction shall include only
engineering design costs and actual construction costs.
In the event that the Developer elects to relocate the
Pleasant Valley and Lake Canal and/or construct Pond #,1
prior to the substantial development of the upper basin,
such construction and relocation shall be accomplished
solely at the expense of the Developer and the City shall
have no obligation to participate in such construction
nor to pay any carrying charges on the costs of such
construction or relocation, provided, however, that the
City shall, upon the Developer's written request, credit
the City verified and approved cost of such relocation
and construction against the basin fees for the Villages
at Harmony. West. Further, as other development occurs
within the upper basin as defined on Exhibit "X", the
City will remit any basin fees collected in connection
with such development to the Developer as partial payment
of the costs of said relocation and construction until
such time as said costs are fully repaid. Notwith-
standing the foregoing, when the upper basin is substan-
tially developed (60% fully developed and constructed)
the balance of the repayment will be made by the City as
provided by Code. It is further understood and agreed
that if the applicable basin account of the Storm Drain-
age Fund contains insufficient funds to make payment of
the total amount due from the City to the Developer, the
City shall pay such amount as is available and the City
staff shall recommend to the City Council that appropri-
ation be made in the following year's Budget to pay the
balance plus interest at the rate of eight percent (8%)
per annum. The aforesaid interest (if approved by the
City Council) shall commence, with regard to the cost of
engineering design and for the costs of construction, at
the time the improvements are completed and accepted by
the City. The only costs to be reimbursed by the City
are the costs of the easement acquisition, engineering
design and actual construction, and the City shall not be
responsible for the payment of any costs other than those
indicated above.
t
In the event that the Developer should construct any
temporary detention in order to provide storm drainage
protection, the City shall not be obliged to make repay-
ment for the costs of construction of any such temporary
detention, or other temporary storm drainage facilities,
except to the extent that such detention or other facili-
ties shall function to reduce the cost of construction of
the final improvements as defined in paragraph (ii) of
this section. In the event that such detention or other
facilities shall be determined by the City to reduce the
cost of said final improvements, repayment for such
temporary facilities shall be made upon the same basis as
is outlined in paragraph (ii) of this section.
(iv) With regard to the easement acquisition costs in connec-
tion with Pond #1 and the relocation of the Pleasant
Val ey and Lake Canal , i t i s agreed that the Ci ty wi 11
acquire from the Developer said easements for the stipu-
lated price of Thirteen Thousand Two Hundred Dollars per
Acre ($13,200.00/acre) with payment to be made to the
Developer when sufficient funds are available in the
basin account. In the event that sufficient funds
are not available during 1983, the City staff shall
recommend to the City Council that appropriation be made
for the land acquisition costs (including interest) in
the 1984 budget. In the event that the Council shall
make appropriation in the 1984 budget, prompt payment
shall be made when such funds are budgeted and appropri-
ated in which event interest (if approved by the City
Council) shall accrue at the rate of ten percent (100)
per annum commencing at the time of filing of the final
plats and continuing thereafter until payment is made.
(v) Upon completion of the various storm drainage improve-
ments which are the subject of this section, and accep-
tance thereof by the City, the Developer shall convey, by
deed of dedication, such land as is necessary for the
location, maintenance and repair of the said ponds and
other related improvements. Notwithstanding the fore-
going, the Developer shall continue to be responsible
for the maintenance of all plantings located upon the
dedicated property and will irrigate, mow, trim or
otherwise maintain all green areas within the boundaries
of the said dedicated property.
-7-
D. Streets (oversizing, traffic lights, signs, etc.).
The City agrees to repay the Developer for oversizing Seneca
Street to collector standards and Harmony Road to arterial
standards in lieu of local street standards in accordance with
the Code of the City of Fort Collins Article 99-6 F. The City
agrees to repay the Developer for oversizing Regency Drive to
collector standards in lieu of local street standards in
accordance with the Code of the City of Fort Collins Article
99-6 F, except for any costs pertaining to the median. The
Developer may be entitled to reimbursement for the construc-
tion of Harmony Road in accordance with the Code of the City
of Fort Collins Article 99-6 B(6). The Developer agrees to
submit final plans for Harmony Road and Shields Street no
later than September 15, 1983.
3. Miscellaneous.
A. The Developer agrees to provide and install, at his expense,
adequate barricades, warning signs and similar safety devices
at all construction sites within the public right-of-way
and/or other areas as deemed necessary by the City Engi-
neer in accordance with the City's "Work Area Traffic Control
Handbook" and shall not remove said safety devices until the
construction has been approved by the director.
B. The Developer shall, at all times, keep the public right-of-
way free from accumulation of waste material or rubbish caused
by his operation, shall remove such rubbish no less than
weekly and, at the completion of the work, shall remove all
such waste materials, rubbish, tools, construction equipment,
machinery, and surplus materials from the public right-of-way.
He further agrees to maintain the finished street surfaces
free from dirt caused by his operation. Any excessive ac-
cumulation of dirt and/or construction materials shall be
considered sufficient cause for the City to withhold building
permits and/or certificates of occupancy until corrected to
in
the satisfaction of the City Engineer. If the Developer fails
-to adequately clean such streets within two (2) days after
receipt of written notice, the City may have the streets
cleaned at his expense and he shall be responsible for prompt
payment of all such costs.
C. the Developer hereby insures that his subcontractors shall
cooperate with the City's construction inspectors by ceasing
operations when winds are of sufficient velocity to create
blowing dust which, in the inspector's opinion, is hazardous
to the public health and welfare.
D. When the inspector determines that erosion (either by wind or
water) is likely to be a problem, the surface area of erodable
earth material exposed at any one time shall not exceed
200,000 square feet for earthworks operations. Temporary or
permanent erosion control shall be incorporated into the
subdivision at the earliest practicable time. By way of
explanation and without limitation, said control may consist
of seeding of approved grasses, temporary dikes, gabions,
and/or other devices.
E. The Developer shall, pursuant to the terms of this agreement,
complete all improvements and perform all other obligations
required herein, as such improvements or obligations may be
shown on the original plat, or on -any replat subsequently
filed by the Developer, and the City may withhold such buil-
ding permits and certificates of occupancy as it deems neces-
sary to ensure performance hereof.
c
F. This Agreement shall be binding upon the parties hereto, their
successors, grantees, heirs, personal representatives, and
assigns and shall be deemed to run with the real property
above described.
G. Nothing herein contained shall be construed as a waiver of any
requirements of the City Code, and the Developer agrees to
comply with all requirements of the same.
ATTEST:
APPROVED:
it r o Public W s
City Attorney
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
r
City, tManaggr,`°_FI.L�I
UTY CITY W.!. AGER
Owner
ToY Peterson
-10-
l
Cvuty TT "A"
1. Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
3. Schedule of street improvements to be installed out of sequence.
The construction of Harmony Road, including any Code required off -
site improvements will be constructed prior to July 1, 1985.
4. Storm drainage improvements to be installed out of sequence.
See paragraph 2.C.
( EXHIBIT "X"
71
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UPPER BASIN
AFFIDAVIT AND WAIVER OF CLAIMS
The undersigned, Bob Peterson, first being duly sworn
upon his oath, does hereby swear, state and affirm as follows:
1. WHEREAS, A certain Development Agreement dated
August 31, 1983,.by and between the City of Fort Collins,
Colorado, a Municipal Corporation, and Bob Peterson, was
executed relating to the development of certain property situate
in the County of Larimer, State of Colorado and legally
described as follows, to -wit:
The Villages at Harmony West, P.U.D., First Filing,
located in the Southwest quarter of Section 34, Township
7 North, Range 69 West of the 6th P.M., City of Fort
Collins, County of Larimer, State of Colorado.
A copy of said Development Agreement is attached hereto and
incorporated herein by this reference as Exhibit "A"; and,
2. WHEREAS, Said Development Agreement relates to the
rights of the developer to reimbursements for costs of
construction and land costs incurred in connection with the
development of a certain detention pond, therein described as
Pond No. 1; and,
3. WHEREAS, Bob Peterson has been requested to provide
to the City of Fort Collins this Affidavit and Waiver of Claims
in order to enable the current legal owner, Platt Properties, a
Colorado General Partnership, to transfer all right, title and
interest in and to said detention pond to the City of Fort
Collins, a Municipal Corporation, and to obtain the appropriate
reimbursements as set forth in said Development Agreement.
NOW THEREFORE:
1. Bob Peterson hereby states and affirms that he does
waive all right, title, and interest, including all claims or
demands now had or as said claims or demands may be made in the
future in and to said Development Agreement attached hereto and
incorporated herein as Exhibit "A".
2. Bob Peterson does hereby assign, convey, transfer,
and does otherwise grant unto Platt Properties, a Colorado
General Partnership, all right, title, and interest in and to
said Development Agreement, the lands set forth and described
therein, and all rights for reimbursement as provided for in
said Development Agreement.
EXf14i�l i L.
3. Bob Peterson does hereby acknowledge and agree to
hold the City of Fort Collins, a Municipal Corporation, harmless
from any liability arising from the payment of land acquisition
costs, and reimbursement for construction and related costs as
set forth in said Development Agreement in all manner, including
but not limited to as such costs and payments are defined in
connection with Pond No. 1 in said Development Agreement to
Platt Properties, a Colorado General Partnership.
Dated this 13 day of July, 1985.
Bob Peterson'
STATE OF Colorado )
)ss.
County of 212,a ' )
The foregoing was subscribed and sworn to before me, a
notary public, this 3E{ day of _, 1985, by Bob
Peterson.
Witness my hand and official seal.
No ary Public
My Commission Expires: a�,u
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 23 ,ev
_day of
A.D. 198,?, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and BOB PETERSON,
Owner, hereinafter referred to as "the Developer,"
WITNESSETH:
WHEREAS, the Developer is the owner of certain property situate in the
County of Larimer, State of Colorado, and legally described as follows,
to -wit:
Pineview P.U.D., Phase 1, located in the S.E. Quarter
of Section 34, Township 7 North, Range 69 West of the
6th Principal Meridian, City of Fort Collins, County of
Larimer, State of Colorado.
WHEREAS, the Developer desires to develop said property and has
submitted to the City a subdivision plat and/or a site plan, a copy of
which is on file in the Office of the City Engineer and made a part hereof
by reference; and
WHEREAS, the Developer has further submitted to the City a utility
plan for said lands, a copy of which is on file in the office of the
City Engineer and made a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of said
lands will require increased municipal services from the City in order to
serve such area and will further require the installation of certain
PINEVIEW P.U.D., Phase I,
Located in the Southeast Quarter of
Section 34, Township 7 North,
Range 69 West of the 6th P.M.
City of Fort Collins, County of Larimer
State of Colorado.
6. No provisions of this agreement should be
construed as to have any effect upon that certain development
agreement dated June 23, 1983 by and between the City of Fort
Collins, Colorado, a municipal corporation, and Bob Peterson
regarding Pineview P.U.D., Phase I, more specifically described
above.
7. The parties agree that this document contains the
full and complete expression of the understanding between one
another and all other covenants, promises, or agreements shall
be hereby merged into this document, which may only be modified
in writing. This agreement shall inure to the benefit of the
parties hereto and their heirs, successors, representatives ande
assigns; and shall be deemed to run with the land.
PLATT PROPERTIES
a Colorado eneral Partnership
by:� o/
CITY OF FORT COLLINS, COLORADO
ATTEST:
y Clerk by:
y manager
APPROVED FOR
F
/�(; . �'S ore senrney for`Platt Properties,
lorado general partnership
1405 S. College Avenue
Fort Collins, CO 80524
W. Paul Eckman
Assistant City Attorney
improvements primarily of benefit to the lands to be developed and not to
the City of Fort Collins as a whole; and
WHEREAS, the City has approved the subdivision plat and/or site plan
submitted by the Developer subject to certain requirements and conditions
which involve the installation of and construction of utilities and other
municipal improvements in connection with said lands.
NOW, THEREFORE, in consideration of the premises and the terms and
conditions acknowledged by the parties hereto, it is agreed as follows:
1. General Conditions.
A. All water lines, sanitary sewer collection lines, storm
sewer lines and facilities, streets, curbs, gutters, side-
walks, and bikepaths shall be installed as shown on the
approved utility plans and in full compliance with the Council
approved standard specifications of the City on file in the
Office of the City Engineer at the time of approval of the
utility plans relating to the specific utility, subject to any
time limitations as provided by Ordinance.
B. No building permit for the construction of any structure
within the development shall be issued by the City until the
water lines, fire hydrants, sanitary sewer and streets
(with at least the base course completed) serving such struc-
ture have been completed and accepted by the City. No build-
ing permits shall be issued for any structure located in
excess of six hundred sixty feet (660') from a single point of
access.
-2-
C. Any water lines, sanitary sewer lines, storm drainage lines,
and/or streets described on Exhibit "A", attached hereto,
shall be installed within the time and/or sequence required on
Exhibit "A". If the City Engineer determines that any water
lines, sanitary sewer lines, storm sewer facilities and/or
streets shown on the utility plans are required to provide
service or access to other areas of the City, those utilities
shall be installed within the time determined by the City
Engineer as referred to under "Special Conditions" in this
document.
D. Except as otherwise herein specifically agreed, the Developer
agrees to install and pay for all water, sanitary sewer and
storm sewer facilities and appurtenances, and all streets,
curbing, gutter, sidewalks, bikeways and other municipal
facilities necessary to serve the lands within the develop-
ment.
E. Street improvements (except curbing, gutter and walks)
shall not be installed until all utility lines to be placed
therein have been completely installed, including all indivi-
dual lot service lines leading in and from the main to the
property line.
F. The installation of all utilities shown on the utility draw-
ings shall be inspected by the Engineering Division of the
City and shall be subject to such department's approval.
-3-
The Developer agrees to correct any deficiencies in such
installations in order to meet the requirements of the
plans and/or specifications applicable to such installation.
In case of conflict, the utility drawings shall supercede the
standard specifications.
G. All storm sewer facilities shall be so designed and con-
structed as to protect the downstream properties and to
adequately serve the property to be developed (and other lands
as may be required, if any). The developer hereby agrees to
indemnify and hold the City harmless from any and all claims
that might arise, directly or indirectly, as a result of the
discharge of storm drainage or seepage waters from the devel-
opment in a manner or quantity different from that which was
historically discharged.
H. The Developer shall pay storm drainage basin fees in accor-
dance with Chapter 93 of the City Code. Storm drainage
improvements eligible for credit or City repayment under
provisions of Chapter 93 are described together with the
estimated cost of the improvements on the attached Exhibit
"B", which improvements shall include right of way, design and
construction costs. The basin fee payable by the Developer
shall be reduced by the estimated cost of said eligible
improvements. Upon completion of such eligible improvements,
the amount of such reduction shall be adjusted to reflect the
actual cost. If the cost of the eligible improvements con-
-4-
structed by the Developer and described in the above mentioned
exhibit exceeds the amount of the storm drainage fees payable
for the development, the City shall reimburse the excess cost
out. of the Storm Drainage fund upon completion of the improve-
ments and approval of the construction by the City.
I. The Developer shall provide the City Engineer with certified
Record Utility Drawing Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the construc-
tion.
2. Saecial Conditions.
A. Water lines.
The City agrees to repay the Developer for oversizing the
off -site twelve (12) inch water main in Wakerobin Lane in lieu
of the standard eight (8) inch water main in accordance with
the Code of the City of Fort Collins Article 112-41. This
repay is for materials only.
B. Sanitary sewer.
The City agrees to repay the Developer for oversizing the
sewer main in Wakerobin Lane from the standard eight (8) inch
to a twelve (12) inch line in accordance to the Code of the
City of Fort Collins Article 112-74. This repay is for
materials only.
C. Storm drainage.
A maximum of sixteen (16) Building Permits and 8 Certificates
of Occupancy will be released prior to the required completion (�Y 7M DPVAAK
and approval by the City of all storm drainage facilities.
-5-
D. Streets (oversizing, traffic lights, signs, etc.).
(1) The City agrees to repay the Developer for oversizing
Shields Street to arterial standards in lieu of local street
standards in accordance with the Code of the City of Fort
Collins Article 99-6 (F).
(2) The Developer may be entitled to reimbursement for the
construction of Harmony Road in accordance to the Code of the
City of Fort Collins Article 99-6.B.(6).
E. The Developer shall construct, sign and maintain a twenty-four
(24) foot wide all weather emergency access lane.
3. Miscellaneous.
A. The Developer agrees to provide and install, at his expense,
adequate barricades, warning signs and similar safety devices
at all construction sites within the public right-of-way
and/or other areas as deemed necessary by the City Engi-
neer in accordance with the City's "Work Area Traffic Control
Handbook" and shall not remove said safety devices until the
construction has been approved by the director.
B. The Developer shall, at all times, keep the public right-of-
way free from accumulation of waste material or rubbish caused
by his operation, shall remove such rubbish no less than
weekly and, at the completion of the work, shall remove all
such waste materials, rubbish, tools, construction equipment,
machinery, and surplus materials from the public right-of-way.
He further agrees to maintain the finished street surfaces
free from dirt caused by his operation. Any excessive ac-
cumulation or dirt and/or construction materials shall be
considered sufficient cause for the City to withhold building
IM
permits and/or certificates of occupancy until corrected to
the satisfaction of the City Engineer. If the Developer fails
to adequately clean such streets within two (2) days after
receipt of written notice, the City may have the streets
cleaned at his expense and he shall be responsible for prompt
payment of all such costs.
C. The Developer hereby insures that his subcontractors shall
cooperate with the City's construction inspectors by ceasing
operations when winds are of sufficient velocity to create
blowing dust which, in the inspector's opinion, is hazardous
to the public health and welfare.
D. When the inspector determines that erosion (either by wind or
water) is likely to be a problem, the surface area of erodable
earth material exposed at any one time shall not exceed
200,000 square feet for earthworks operations. Temporary or
permanent erosion control shall be incorporated into the
subdivision at the earliest practicable time. By way of
explanation and without limitation, said control may consist
of seeding of approved grasses, temporary dikes, gabions,
and/or other devices.
E. The Developer shall, pursuant to the terms of this agreement,
complete all improvements and perform all other obligations
required herein, as such improvements or obligations may be
shown on the original plat, or on any replat subsequently
filed by the Developer, and the City may withhold such buil-
-7-
ding permits and certificates of occupancy as it deems neces-
sary to ensure performance hereof.
F. This Agreement shall be binding upon the parties hereto, their
successors, grantees, heirs, personal representatives, and
assigns and shall be deemed to run with the real property
above described.
G. Nothing herein contained shall be construed as a waiver of any
requirements of the City Code, and the Developer agrees to
comply with all requirements of the same.
ATTE--S--T :
C iC i trTc���
APPROVED:
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
J --',
By:, Jf1,.:.j'", /7 (! f
Mt , Manager
iAN'US K_ P41?iTL
OWNER
Bob Peterson
FYWTRTT "A"
1. Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
3. Schedule of street improvements to be installed out of sequence.
Design of Harmony Road and the pavement cross section for Shields
Street shall be submitted by July 5, 1983. Construction of Harmony
Road shall be completed prior to July 1, 1985.
4. Storm drainage improvements to be installed out of sequence.
See paragraph 2.B.
EXHIBIT "B"
The Development Agreement for Pineview P.U.D. Phase I.
This exhibit does not apply to this Development.
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM DESCRIPTION ^ QUANTITY UNIT COST TOTAL COST
1. Storm sewer, manholes, end sections, etc.
2
Sub -Total
Channel excavation, detention pond
excavation and riprap
Sub -Total
L.f.
/L.f. $
L.f.
/L.f. $
Ea.
Ea. $
Ea.
Ea. $
a
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. $
a
EXHIBIT B - Page 2
ITEM DESCRIPTION QUANTITY
3. Right-of-way & easement acquisition
(a) S.F. $
(b) Ac. $
Sub -Total
4. Professional Design
(a)
5. Other
UNIT COST TOTAL COST
Lump Sum $
a
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
Prepared by: Title:
Address:
STATE OF COLORADO )
) ss.
County of Larimer )
T e foregoing was acknowledged to before me thisl
day of -AZ 1985 by Craig Platt.
Witness my hand and official seal.
Notary Public /
My Commission Expires:
STATE OF COLORADO
) ss.
County of Larimer )
The foregoing was acknowledged to before me this
day of , 1985 by , City Manager.
Witness my hand and official seal.
Notary Public
My Commission Expires:
STATE OF COLORADO
ss.
County of Larimer )
The foregoing was acknowledged to before me this
day of , 1985 by , City CTerk.
Witness my hand and official seal.
Notary Public
My Commission Expires:
A tract of land situate in the Southeast 1 of Section 34, Township 7 North,
Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering
the East line of said Southeast 1 as bearing S 00000110" W and with all
bearings contained herein relative thereto is more particularly described as
follows: Beginning at the South 1 corner of said Section 34 and run thence
N d9058130" E. 1319.60 feet to the Southeast corner of the West # of the said
Southeast 1; thence N 00000130" W. 1020.28 feet along the East line of the
West # of the said Southeast 1 to a point 15.00 feet Northerly of the center
line of the Pleasant Valley and Lake Canal; thence along a line 15.00 feet
Northerly and Westerly of the said center line N 51042,25" E. 95.00 feet,
and again N 80029145" E. 187.30 feet and again S. 69128115" E. 219.06 feet,
and again N 13056'55" E. 159.30 feet, and again N 34110,251, E. 109.66 feet,
and again N 001I1'30" W. 65.5ti feet, and again N. 22042'30" W. 144.02 feet,
and again N 02033145" W. 177.22 feet, and again N 04053,35" E. 211.51 feet,
and again N 33038' W. 100.58 feet and again N 28021110" W. 145,92 feet, and
again N 6802712511 W. 64.19 feet, and again N. 77024110" W. 100.84 feet, and
again N 39028150" W. 234.91 feet, and again N 01012'10" W. 61.72 feet, and
again N 27025145" E. 92.78 feet, and again N 06022145" E. 145.84 feet, and
again N. 1504514011 W. 129.36 feet to a point on the North line of the said
Southeast 1, thence N 89054115" W. 1431.74 feet to the center 1 corner of
said section 34; thence S 00001105" E. 2660.35 feet to the point of beginning,
and being subject to a right of way for West Harmony Road over the South
30.00 feet thereof, EXCEPTING THEREFROM that portion of subject property
platted as VILLAGES AT HARMONY WEST P.U.D. FIRST FILING, according
to the plat thereof recorded October 21, 1983 in Boo': 2242, Pae 1376,
County of Larimer, State of Colorado.
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 31 t day of A u u si ,
A.D. 1983, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and BOB PETERSON,
owner, hereinafter referred to as "the Developer,"
WITNESSETH:
WHEREAS, the Developer is the owner of certain property situate in the
County of Larimer, State of Colorado, and legally described as follows,
to -wit:
Villages at Harmony West P.U.D., First Filing, located
in the Southeast Quarter of Section 34, Township 7
North, Range 69 West of the Sixth P.M., City of Fort
Collins, County of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop said property and has
submitted to the City a subdivision plat and/or a site plan, a copy of
which is on file in the Office of the City Engineer and made a part hereof
by reference; and
WHEREAS, the Developer has further submitted to the City a utility
plan for said lands, a copy of which is on file in the office of the
City Engineer and made a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of said
lands will require increased municipal services from the City in order to
serve such area and will further require the installation of certain
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improvements primarily of benefit to the lands to be developed and not to
the City of Fort Collins as a whole; and
WHEREAS, the City has approved the subdivision plat and/or site plan
submitted by the Developer subject to certain requirements and conditions
which involve the installation of and construction of utilities and other
municipal improvements in connection with said lands.
NOW, THEREFORE, in consideration of the premises and the terms and
conditions acknowledged by the parties hereto, it is agreed as follows:
1. General Conditions.
A. All water lines, sanitary sewer collection lines, storm
sewer lines and facilities, streets, curbs, gutters, side-
walks, and bikepaths shall be installed as shown on the
approved utility plans and in full compliance with the Council
approved standard specifications of the City on file in the
Office of the City Engineer at the time of approval of the
utility plans relating to the specific utility, subject to any
time limitations as'provided by Ordinance.
B. No building permit for the construction of any structure
within the development shall be issued by the City until the
water lines, fire hydrants, sanitary sewer and streets
(with at least the base course completed) serving such struc-
ture have been completed and accepted'by the City. No build-
ing permits shall be issued for any structure located in
excess of six hundred sixty feet (660') from a single point of
access.
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001,
C. Any water lines, sanitary sewer lines, storm drainage lines,
and/or streets described on Exhibit "A", attached hereto,
shall be installed within the time and/or sequence required on
Exhibit "A". If the City Engineer determines that any water
lines, sanitary sewer lines, storm sewer facilities and/or
streets shown on the utility plans are required to provide
service or access to other areas of the City, those utilities
shall be installed within the time determined by the City
Engineer as referred to under "Special Conditions" in this
document.
D. Except as otherwise herein specifically agreed, the Developer
agrees to install and pay for all water, sanitary sewer and
storm sewer facilities and appurtenances, and all streets,
curbing, gutter, sidewalks, bikeways and other municipal
facilities necessary to serve the lands within the develop-
ment.
E. Street improvements (except curbing, gutter and walks)
shall not be installed until all utility lines to be placed
therein have been completely installed, including all indivi-
dual lot service lines leading in and from the main to the
property line.
F. The installation of all utilities shown on the utility draw-
ings shall be inspected by the Engineering Division of the
City and shall be subject to such department's approval.
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The Developer agrees to correct any deficiencies in such
installations in order to meet the requirements of the
plans and/or specifications applicable to such installation.
In case of conflict, the utility drawings shall supercede the
standard specifications.
G. All storm sewer facilities shall be so designed and con-
structed as to protect the downstream properties and to
adequately serve the property to be developed (and other lands
as may be required, if any). The developer hereby agrees to
indemnify and hold the City harmless from any and all claims
that might arise, directly or indirectly, as a result of the
discharge of storm drainage or seepage waters from the devel-
opment in a manner or quantity different from that which was
historically discharged.
H. The Developer shall pay storm drainage basin fees in accor-
dance with Chapter 93 of the City Code. Storm drainage
improvements will be installed in accordance with the provi-
sions of Section 2.B. of this agreement. Storm drainage
improvements eligible for credit or City repayment under
provisions of Chapter 93 are described together with the
preliminary estimated cost of the improvements on the attached
Exhibit "B", which improvements shall include land acquisi-
tion, design and construction costs. The basin fee payable by
the Developer shall be reduced by the estimated cost of said
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eligible improvements.
Upon completion of such eligible
improvements, the amount of such reduction shall be adjusted
to reflect the actual cost.
I. The Developer shall provide the City Engineer with certified
Record Utility Drawing Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the construc-
tion.
2. Special Conditions.
A. Water lines (oversizing, payback, etc.).
The City agrees to repay the Developer for oversizing the
water lines (materials only) in Seneca Street and Regency
Drive to 12" from 8" in accordance with the Code of the City
of Fort Collins Article 11241.A.
B. Sanitary sewer (oversizing, payback, etc.).
The Developer agrees to pay the City the Warren Lake Trunk
Sewer Basin Fee at the rate of $178.00 per acre, due upon
request for first building permit.
C. Storm drainage lines and appurtenances (detention pond con-
struction, off -site mains, etc.).
(i) Storm drainage facilities shall be constructed by
the Developer and approved by the City Engineer prior to
the release of twenty (20) building permits and ten (10)
Certificates of Occupancy.
(ii) The utility plans call for the construction of Pond #1
and for the relocation of the Pleasant Valley and Lake
Canal, which construction and relocation is for the
purpose of providing storm drainage protection for Phases
I and II of Pineview PUD against storm drainage flows
from that development presently known as the Villages of
Harmony West and other developments which may later be
completed within the 195 acre upper basin as shown on the
map attached hereto as Exhibit "X". It is understood and
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