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Home My WebLink AboutPROSPECT SPRINGS PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-29SUBDIVISION AGREEMENT THIS AGREEMENT is made and entered into this 17th day of August , A.D. 1978, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and LaVerne J. Olsen and Dorothy M. Olsen hereinafter designated as the "Developer", 4�� WHEREAS, Developer is the owner of certain property situate in the County of Larimer and :hate of Colorado and legally described as follows: PROSPECTT SPRINGS PUD, being a part of Lot 4, East Acres, situate in the Northeast ; of Section 24, Township 7 North, Range 69 West of the Sixth P.M., City of Fort Collins. WHEREAS, Developer desires to develop said property as a residential subdivision and has submitted to the City a subdivision plat (and a site plan of said property is to be developed as a Planned Unit Development), a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and WHEREAS, 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 by this reference made a part hereof; 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 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 site plan where applicable) submitted by the Developer subject to certain requirements and conditions which ir. Ave the installation of and co. :ruction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, .in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets and other municipal facilities necessary to serve the lands within the subdivision. 2. Water 'Lines. a. Developer agrees to install all water lines as shown on the utility plans in accordance with the requirements and as shown on said plans, whether such lines are actually on the property, bordering the property or on other lands connecting the subject property to the existing City water distribution system. b. Such water lines shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer and applicable :provisions of the City Code relating to the installation of such lines. c. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the water line and the fire hydrant serving such structure is installed and accepted by the City. d. Any crater lines described on Exhibit A, attached hereto shall be instal -led within the time required on Exhibit A. If the City Engineer determines that any lines shown on the utility plans are required to provide service to other areas of the City, those lines shall be installed within the time determined by the City Engineer. -2- e. All of said lines shall be installed at the sole expense of the Developer, f. The installation of said line shall be inspected by the Engineering Services Department of the City and shall be subject to such department's ap- proval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 3. Sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary sewer collection lines shown on the utility plans, whether the same be on or off the subject property- b. Such sanitary sewer lines shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such lines. c. Developer understands and agrees that no building permit shall be issued by the City for any structure in the subdivision until the sanitary sewer line serving such structure is installed and accepted by the City. d. Any sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer determines that any lines shown in the utility plans are required to provide service to other areas of the City, those lines shall be installed within the time determined by the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer. -3- f. The installation of said lines shall be inspected by the Engineering Services Department of the City and subject to such department's approval. The Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and specifications applicable to such installation. 4. Electric Lines and Facilities. The City Light and Power Department shall install all electric distribution lines and facilities required for the subject property and the Developer shall pay for such work, in accordance with the established charges of the Light and Power Department. Such installation shall include all street lights required for the development. 5. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. b. Such storm sewer lines and facilities shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such lines. c. Developer agrees to complete the installation of detention facili- ties prior to the issuance by the City of more than three (3) certificates of occupancy for structures within this subdivision. d. All of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. e. All of said facilities shall be installed at the sole expense of Developer. Further, the Developer has entered into an agreement with the Springmeadows Homeowners Association, attached hereto as Exhibit B, in which he agrees to install such drainage facilities as may be required to discharge storm drainage runoff from Prospect Springs to Spring Creek across the adjoining cormun area without additionally burdening or infringing on the owners' use of that cocoon area. -4- f. The installation of all of such lines and facilities shall be in- spected by the Engineering Services Department of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 6. Streets a. The Developer agrees to install all streets shown on the utility plans, complete with paving, curb, gutter and sidewalks. b. Such streets shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such streets. c. No building permit for the construction of any structure in the subdivision shall be issued by the City until the street providing access to the structures is improved with at least the gravel base required. Furtherm. re, no building permit shall be issued by the City for any structure located in excess of 660 feet from a single point of access. d. Any streets described on Exhibit A, attached hereto, shall be completely installed with the time required on Exhibit A. If the City Engineer determines that any streets shown on the utility plans are required to provide access to other areas of the City, those streets shall be installed within the time required by the City Engineer. e. All of said streets shall be installed at the sole expense of the Developer. f. The Developer agrees to correct any deficiencies in such installation in order to meet: the requirements of the plans and the specification applicable to such installation. g. Street improvements shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to -5- individual lots have been installed from main utilit- lines to the property line. h. The Developer agrees to provide and install at his expense adequate barricades, warr.ing signs, or other devices on the dead ends of streets to be continued, unfinished crossings, and other sites designated by the City Engineer as areas requiring such measures to insure the public safety_ 7. other Requirements. 8. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained shall be construed as a waiver of any requirements in the City Subdivision ordinance or any other provision of the City Code and the Developer agrees to comply with all requirements of the same. ATTEST: Ci ' erk' APPROVED: a Dirocthk of" g i—neer)-FIg Services $s/.rEity Attorney THE CITY OF EOI F COLLINS, COLORADO By City Manager 1 Developer Title IMIIBIT A 1. Schedule of crater 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. not applicable Exhlbif B ANDERSON, SOMMERMEYER & WUODARD ATTORNEYS AT LAW SAMUEL L.ANDERSON 320 WEST OLIVE STREET AREA CODE 303 MAlO SOMMERN+EVER FORT COLLINS, COLORADO 80521 s32-s011 L.DUANE WOODARD ROBIN L.WICK August 3, 1978 City of Fort Collins Fort Collins Municipal Building Fort Collins„ CO 80521 Gentlemen: The Springmeadows Homeowners Association, Inc., associated with the development of Springmeadows Condominiums, and Mr. L. J. Olson, the owner and developer of Prospect Springs PUD, according to the recorded plat thereof, located in the City of Fort Collins, have held discussions relative to the possibility of storm drainage runoff from the Prospect Springs PUD across the adjoining common area to the south owned by the Homeowners Association as common area associated with the condominium project. At this point, the parties do not know whether there will or will not be any storm drainage problem. It is anticipated, based on the size and topography of the Prospect Springs PUD, that any problem would be relatively minor. However, the parties do recognize that the PUD could increase the storm drainage burden on the afore - described common area and result in some degree of limitation on the owners' use thereof. The parties recognize that the Homeowners Association has a duty to all of its members to impose no burden upon the common area or take those steps to rectify any burden that may result over and above that already existing. Therefore, in consideration of the Springmeadows Homeowners Association making no requirement of Mr. Olson and his PUD at this time to protect the common area from storm drainage in quantities greater than that already received by the common area or in a flow path other than that already received and across the common area, Mr. L. J. Olson does agree that if the storm drainage does create any additional burden as aforedescribed or results in an infringement on the owners' use of the common area, he will then, at his expense, take those steps reasonably necessary to remove the burden and the infringement on use. This agreement shall be binding upon, and inure to the benefit of the heirs., successors and assigns of the respective parties. Very truly yours, SPRINGMEADOWS HOMEOWNERS ASSOCIATION, INC. By: rent L. J: Olson —