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HomeMy WebLinkAboutWOODWEST SEVENTH - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-19SUBDIVISION AGRENIMENT ,HIS AGREEMENT is made and entered into this day of A.D. 19 /b, by and between THE CITY OF FORT COLLINS, COTORADO, a municipal corporation, hereinafter_ sometimes designated as the "City", and TRI CITY DEVELOPMF-W COMPANY and PIEDEMA HOES, INC., hereinafter designated as the "Developer". WITNESSETH: WHEREAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: 14)ODWEST SEVENTH FILING, a subdivision of record in the County of Larimer, State of Colorado, situ- ate in the south one-half of Section 26, Township 7 North, Range 69 West of the Sixth Prime Meridian, City of Fort Collins. AND MIEP AS, 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 1AW:REAS, Developer has further submdtted to the City certain Utility and Street Plans for said lands, an approved copy of which is on file in the Office of the City Engineer and by this reference made a part hereof, and which are referred to hereinafter under various references to Water Lines, Sanitary Sewer Lines, Storm Sewer Collec- tion Lines, Streets, and Utilities bearing approval date March 8, 1978; 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; WOOD isR�.li S. L uODAiZS5 INIC 2109 South waCs+orn . Den�er. Colorado 80227 • (3m)Sa I cs-a�si HOMES Gay Imes+! 'v�pary EXHIBIT "B" Mr. Roy Bingman Director of Community Development City of Fort Collins 300 West La Forte Avenue Fort Collins, Colorado 80521 Dear Mr. Bingman_ APR 10 19i8 April 6, 1978 As a follow-up to certain previous contacts made to you by M&I Engineering Co. in our behalf, I would like to hereby formalize Wood Bros. Homes' request for permission to construct, maintain, and subsequently remove, at Wood Bros. expense, a temporary access roadway from Shields Street to serve Lots 8 and 9 of Block 17, Woodwest Filing No. 7. It is our intent to use the cul-de-sac, being the westerly exten- sion of Worthington Avenue, as a showhome area. The roadway we would construct would be approximately thirty feet in width, lying fifteen feet on either side of the common boundary between Lots 8 and 9. The access point to Shields Street would be an area lying fifteen feet on either side of the intersection of that common lot houndary, if extended, at the east curb line of Shields Street. Driveability over the east -side curb of Shields Street ,u1d be obtained by means of a short asphalt ramp. We feel th would not create either a traffic or a drainage problem for Mel Street. lie would.provide or —pay the City- to- .provide, a stop" sign for traffic entering Shields Streetatthis point. only showhome visi for traffic would be -involved, as we will make the showhome arrange-- mpnt so that normal subdivision traffic on Worthington Avenue would not have access to or from Shields Street via our temporary roadway. The entire installation would be removed at our expense, and any permission granted under this request would be terminated not later than June 1, 1980, unless extended in,wr Ling by the City. It should be further understood that due to our intended usage of this area, we reserve the right to block this access at any time to all traffic, public or private, except official emergency vehicles of the City of Fort Collins. Bingman I,pril 61 1978 Page 2 Please reply to this request at your earliest convenience. you. Sincerely, WOOD BROS. HOMES, INC. Sam Heiter, vice President Land Development Manager Colorado Region HSH:pd CC: Messrs. Hulstein, Holley, Matsuda, McCutchan, and Mattingly Thank 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 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 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 facil- ities, streets, and other on -site and adjacent municipal facilities reasonably 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 require- ments 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 compli- ance with the standard specifications of the City on file in the Office of the City Engineer and applica- b:Le 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 service such structure is installed and accepted by the City. d. Any Water 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 on the Utility Plans are required to - 2 - provide service to other areas of the City, those Lines shall be installed within the time determined by the City Engineer, upon a forty-five (45) day written notice to Developer. e. All of said Lines shall be installed at the sole expense of the Developer, except that the City Util- ity shall pay that additional cost incurred from installing the twenty-four (24) inch main rather than a twelve (12) inch main on Shields Street. Such additional'cost shall be determined by bid to be obtained by the Developer and approved by the City prior to construction. ., 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 approval. 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 deter mines that any Lines shown in the Utility Plans are - 3 - required to provide service to other areas of the City, those Lines shall be installed within the time determined by the City Engineer, upon a forty- five (45) day written notice to Developer. e. All of said Lines shall be installed at the sole expense of the Developer. f. The installation of said Lines shall be inspected by the Engineering Services Department of the City and subject to such Department's approval. Developer agrees to correct any deficiencies in such install- ation 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 on a timely basis and the Developer shall pay for such work in accordance with the established charges of the Light and Power Depart- ment. 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 install- ed 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. The Developer understands and agrees that no building permit for any structure within the subdivision shall be issued prior to the completion of the detention pond, including the outlet pipe and spillway as shown on the utility plans. d. All of said Lines and Facilities shall be constructed in an orderly fashion, as determined by the City Engineer, sc as to prevent damage to other utilities, streets, - 4 - curb, gutter, sidewalks, and all adjacent properties. e. All of said Facilities shall be installed at the sole expense of Developer. f. The installation of all such Lines and Facilities shall be inspected by the Engineering Services Department of the City and shall be subject to such Department's approval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and 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 struc- tures is improved with at least the gravel base required. Furthermore, 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 upon a forty-five (45) day written notice to Developer. e. All of said Streets shall be installed at the sole expense of the Developer, except that the City shall pay that additional expense caused by Shields Street - 5 - being improved as an arterial rather than as a residential street. The determination of the amount of additional expense so caused shall be based upon actual and reasonable costs to Developer and existing City Ordinances and specifications, as approved by the City Engineer. f. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and specifications 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 individual lots have been installed from main Utility Lines to the property line. h. The Developer agrees to provide and install at his expense adequate barricades, warning 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: a. Within twenty (20) days of written notice by Developer to City Engineer that any substantial portion of the improvements specified herein have been completed, City shall either issue written notice of acceptance of said portion to Developer, subject to warranty pro- visions of City Ordinance, or shall issue a document detailing any deficiencies found in said portion. b. With regard to those portions of construction mentioned hereinabove eligible for City reimbursement to Devel- oper, City shall make said reimbursement in full within forty-five (45) days of acceptance, subject to war- ranty of said work and agreement between City and Developer as to the proper amount of reimbursement to be made, which agreement shall not be unreasonably delayed. - 6 - fl �r/ �(i_ 8. Miscellaneous L Y - 1, Ci a. Regardless of any above indications to the contrary, Developer retains his full legal right to petition City Council of the City for a hearing and determination by said Council regarding any matter which he has determined to be otherwise unresolvable. b. This Agreement shall be binding upon the parties hereto, their heirs, successors, and assigns. c. Nothing herein contained shall be construed as a waiver of any require- ments in the City Code and the Developer agrees to comply with all requirments of the same as of the date of this document. d. The easement requested in the attached letter (Exhibit "B") from Sam Heiter to Roy Bingman is approved with the signing of this agreement. ATTEST: r aty City C e APPROVED: BY: City Manager Il4Si��YY•�79UI81��)7u1.�1`Illry.'�71 Director of E:igineering Services Harvey S. "�ti" Heiter, Asst. Jice President �. MEDEMA HONES, INC. City Atto ey �. �' ,1 Evere t L. Pfeiff Vide President RXUTRTT h 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. Shields Street shall be completely improve no later than 150 days following the execution of the docu- ment to which this Exhibit is an attachment.