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Home My WebLink AboutOVERLAND TRAIL FARM PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-08-24♦ vb�'1.917 ILM THIS 19MZF0,1 NM is made and entered into this 9 t)! day of V a n u q t . A.D. 197&, by and between THE CITY OF pURT COJTSNS. •• a municipal corporation, hereinafter sometimes designated as the COIDRADO, / ,.pit,," and QIfBr i Pfe 7;o it �a i rrt Titc hereinafter designated as the "Developer", WIU17SSEM: {,7HEREAS, Developer is the owner of certain property situate in the County of Larimar and State of Colorado and legally described as follows: o c ,, -4 e Sec+ Ca/ora �a, WT-FEAS, Developer desires to develop said property as a -e" 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 mIEFEA,, the parties hereto have agreed that the developuent of said lands will require increased maniciPal 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 the subdivision plat (and site plan where ITHEizMS, the City has approved applicable) suiznittEd by the Developer subject to certain require0ents and BK2Ub7 PC(Jb02 WHEREAS, the City has approved the subdivision plat (and site plan where applicable) submitted by the Developer subject to certain require- ments 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, sidewalks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the standard specifications of the City on file in the Office of the Director of Engineer- ing Services relating to the specific utility. B. No building permit for the construction of any structure within the subdivision 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. 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 Director of Engineering Services deter- -2- 8�2U87 PGU 6 0 3 mines 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 Director as referred to under "Special Conditions" in this document. D. All electric lines and facilities shall be installed in accordance with the Electric Service Rules and Regulations, the Electric Construction Policies, Practices and Procedures, and specifications of the City of Fort Collins' electric utility. E. 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 subdivi- sion. F. 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. G. 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- proval. 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. H. The Developer shall provide the Director of Engineering Services with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. 2. Special Conditions. A. Water lines (oversizing, payback, etc.). The City shall repay the Developer for the material cost of installing approximate- ly 1,050 of 8" water main in lieu of a 6" water main. The limits of this repay shall be from the tee in Virginia Dale Drive to the tee located in the intersection of Lake Street and Lareatta Court and from the tee located in the intersec- tion of Virginia Dale Drive and Goldust Drive to the south property line of Lory Ann Estates as shown on sheets 10 and 11 respectively of the utilities plans. This 8" water main shall be installed by April 1, 1981. B. Sanitary sewer (oversizing, payback, etc.). Not applicable. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). The Developer shall repay $17,763.29 the City $'7�VP for the Clearview Detention Pond. This fee shall be due before the issuance of 21 building permits. hZU0 PGUb05 No certificate of occupancy will be issued until the fee has been paid. D. Streets (oversizing, traffic lights, signs, etc.). The Developer shall be responsible for the cost of parking and warning signs for the 28' streets in this development. E. Relocation of existing utilities. The Developer shall be responsible for all cost of utility rework due to the replat of this development. F. The construction and maintenance of the fence between the park and the development shall be the responsibility of the devel- oper and the homeowner association when formed. 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 Director of Engineering Services 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. He shall remove such rubbish no less than weekly and, at the completion of his work, shall remove all -5- 8K2u07 PGObaS waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way caused by his operation. The Developer agrees to maintain the finished street surfaces free from dirt caused by his opera- tion. Any excessive accumulation or 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 the satisfaction of the Director of Engi- neering Services. In the event that the Developer fails to adequately clean the streets within two (2) days after written notice, the City may have the street cleaned and charge the Developer for said costs of cleaning. 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 9KZud7 P91)b07 of seeding of approved grasses, temporary dikes, gabions, and/or other devices. E. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. F. Nothing herein contained shall be construed as a waiver of any requirements of the City Subdivision Ordinance or any other provision of the City Code, and the Developer agrees to comply with all requirements of the same. " THE CITY OF FORT COLLINS, COLORADO gf '• A icipal Corporation ATTEST � . By: Gc r t yManager APPROVED: it or o Publtc W G44� Cit7y Attorney DOUBLE A. INVESTMENTS, a General Partnership By: ^cn Charles 0.�Armey, Par?Tr By: �� JJ ar is Arslanian, Managing Partner -7- 5K2087 PGO 6 0 q EXHIBIT "A" 1. Schedule of water lines to be installed out of sequence. The high pressure water main as shown on sheets 10 and 11 of the utility plans shall be installed by April 1, 1981. 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. 4. Storm drainage improvements to be installed out of sequence. Not applicable 5. Schedule of bridge improvements to be installed out of sequence. The final design of the bridges shall be submitted for approval by October 1, 1981. The construction shall be complete by October 1, 1983. ADDENDUM NUMBER 1 TO SUBDIVISION AGREEMENT TO OVERLAND TRAIL FARM DATE 14 J LWY 1-7& 1 The Subdivision Agreement between the CITY OF FORT COLLINS and AMERI- CAN DEVELOPMENT CORPORATION, dated May 19, 1981 is hereby revised to read: 1. Paragraph 2, A. is hereby deleted and replaced with the following: The Developer shall repay the City for its share of the 8" pres- sure main installed by the City. The Developer's proportionate cost for this main shall be $18,960.52 as adjusted to the Con- struction Cost Index for the Denver Metropolitan Area as published in the "Engineering -News Record". This amount shall be payable upon the first request to tap the main. THE CITY OF FORT COLLINS, COLORADO A Muni.&' I Corporation 1 By: (, City; anagern� ATTEST: APPROVED: erector o u is or s ity ttorney AMERICAN DEVEL Title: ATTES T CORPORATION Title: O&T . i conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, TEfEREMRE, 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 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 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 met 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 installer] 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 lay the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer, -G,r r'<i`>Y`�i2 e-ee.o.r/ xe -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. 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. 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 de�t�ennt�ijo�n, facili- ties prior to /%a'a:j 11197r o.-e e u A"z _ 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, f. The installation of all of such lines and facilities shall be in- sp-,cted by the Engineering Services Department of the City and shall be subject -4- 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. 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. Furthermre, 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 titre 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' f 1said streets shall be installed �aetthe sole expense of the Developer/ f. 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. 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 utility lines to the property line. 7. other Requiremants. N-Ire- 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 couply with all requirements of the same. ATI'EST : City lark APPROVED: THE CITY OF FORT COLLINS, COLORADO By � City ager i Developer Title eA EXHIBIT A 1. Schedule of water lines to he installed out of sequence. 2. Schedule of sanitary sewer lines to be installed out of sequence. 3. Schedule of street inprovements to be installed out of sequence. EXHIBIT B The Developer agrees to provide to the City a cash escrow or other suitable financial guarantee in an amount representing Developer's share of the cost of construction of the trunk sewer line in West Prospect which will provide sanitary sewer to the Overland Trail Farms Subdivision. The cash escrow shall be deposited with the City prior to award by t:he City of the construction contract for the trunk sewer line. The Developer's cost in construction of said sewer line is estimated at $12,500.00. The final cost shall be based upon bids received by the City for the construction and may be more or less than the estimate. The Developer's cost shall be calculated on the basis of 6.25% of the total project cost. 9K?Ub7 PGU b SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this / 3' '' day of A.D. 1980, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and DOUBLE A INVEST- MENTS, a General Partnership, 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: Overland Trail Farm, a Planned Unit Development, being a replat of Overland Trail Farms Second Filing, and part of Overland Trail Farm, located in the City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a resi- dential subdivision and has submitted to the City a subdivision plat (and a site plan if said property is to be developed as a Planned Unit Develop- ment), a copy of which is on file in the Office of the Director of Engi- neering Services 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 Director of Engineering Services 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 improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and