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HomeMy WebLinkAboutLANDINGS - Filed OA-OTHER AGREEMENTS - 2003-12-10UTILITY AGREE ENT 77IIS AGRHLTNT is nude and entered into this _� �1 day of A. D. 1977,.by and between TIIE CITY OF FORT COLLINS, COLORADO, a municipal cor- poration, hereinafter sometimes designated as the "City", and The Landings Ltd. hereinafter_ designated as the "Developer_", WITNP.'SSI79I: WHEREAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: TILE LANDINGS, FIRST FILING situate in the north 1/2 of Section 36, T 7 N, R 6 9 W of the sixth P.M., City of Fort Collins. WHERFIiS, Developer desires to develop said property as a residential sub- division and has submitted to the City a subdivision plat (and a site plan if said property is to be developed as a Planned Unit Development) , a copy of which is on file in the Office of the City Lngineer and by this reference made a part hereof; and WIIF.IT AS, Developer has further submitted ,.o 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 WNEREAS, 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 he 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 NOW, THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed by and between the parties hereto as follows: 1. The City agrees to extend a sanitary sewer line through the properties of the Developers in order to provide sanitary sewer service to such properties, such extension to consist of a sanitary sewer line located generally as shown on Exhibit B attached hereto and by this reference made a part hereof. 2. Developers agree to provide the necessary engineering services at their cost to properly and adequately install the line, such engineering services to include the following: A. Design of the line, including development of plans and specifications for the routing and installation of the line. B. Preparation of invitations for bid and all other documents necessary to bid the project in accordance with the City's requirements as a City project. C. Administration of the construction phase and construction documents (not including inspection services which will be provided by the City). All of such engineering work shall be subject to the approval of the City Water and Sewer Department and the City Department of Engineering Services. 3. Although the line is to be installed by the City, the Developers agree that the subject line will benefit their properties described on Exhibit A and the Developers agree to reimburse the City for a portion of the cost of installing the line, such reimbursement to be determined and made as follows: -2- A. In accordance with the provisions of paragraph 2 above, Developers shall pay all engineering costs (except inspection services). B. Developers shall pay all costs of installing manholes in connection with the installation of the line. C. Developers will participate in the contract cost and other related costs of constructing this line in relation to the average daily wastewater flow in the line due to each individual development together with a factor based on the lineal feet of line required to serve each development as outlined on Exhibit B. Actual parti- cipation costs for 10", 12", 15" and 18" lines will be determined by dividing the unit price bid for 21", 24", and 27" line in place by the line size to determine an average cost per inch diameter in place and extending said unit price. Actual manhole costs shall be standard 48" manholes in place at all design locations as bid. Engineering costs and manhole costs shall be prorated over the entire project with the developer's portion being proportioned to the developer construction costs. 4. Landings Limited and Collindale South anticipate immediate development of their properties, and this has been a primary factor in the determination to construct the sanitary sewer line at this time. There- fore, it is agreed that Landings Limited and Collindale South shall pay twenty-five percent (25%) of the line installation cost and manhole cost attributable to their properties at such time as the line is installed, approved by the City, and available for use. Except for this initial twenty-five percent (25%) charge to these two Developers, the costs to be paid by the Developers shall be reimbursed to the City in phases as the lands are developed. So long as there is no development or change of the -3- use of the Developers' lands, no payment will be due. As the Developers' lands are developed, payment of the Developers' share of the cost of the line shall be made to the City with such payment to be the same percentage of that developer's cost as the percentage of his lands developed. Payment of the developer's cost shall be considered due upon approval of the final plat by the governmental body or upon filing a permit on any lands benefitted herein. Phase payments shall include payment for any open spaces incorporated into any development. In the case of Landings Limited and Collindale South, the 25% payments made initially shall be credited against the required phase development payments. Notwithstanding the fore- going, the full amount due from each developer to the City shall be paid within ten (10) years after the completion of installation and acceptance of the line by the City, even if development of the Developers' lands is not completed by that time. All payments made hereunder shall bear no interest if paid when due in accordance with the terms of the foregoing. 5. Each of the Developers hereby grants unto the City a lien on the lands of that developer to secure the payment of the amounts due from that developer pursuant to this agreement and, in the event of default by any developer of his obligations hereunder, such lien may be foreclosed against the property of that developer described herein as provided by law for foreclosure of real estate mortgages. 6. The City shall pay all costs of installation of the subject line not required to be paid by the Developers. The parties agree that the City shall be the owner of the line and the Developers shall have no right to reimbursement of any portion of their cost because of further extension of the line or connection to the line by any other party. The City may require reimbursement from other parties as a condition to allowing such other parties to connect to or further extend the line. IM: 7. The Developers agree to dedicate such easements as may be required for the purpose of installing the line across their properties. The parties contemplate that any easements required across the lands of any other party for the installation of the line can be negotiated and will be acquired by the Developers. The cost of any such easements shall be solely the cost of the Developers, except therefrom any costs incurred in obtaining Railroad and Highway crossing easements. In the event an easement is required across the lands of a third party which cannot be negotiated, the City agrees to use its powers of eminent domain for the purpose of establishing such easement; but the cost of such acquisition (including attorneys' fees and court costs) shall be a cost of the Developers which shall be payable as the costs are incurred and with each developer to share in such cost on the same basis as he shared in the cost of con- structing the line. 8. Collindale South and Landings Limited hold options to purchase the lands designated herein as owned by them. This agreement is contingent upon their exercising such options and either owning the lands or being contract purchasers of the same under a binding contract of purchase. It is understood that the City shall expend no funds under this agreement until such options are exercised. Each of the parties acknowledges that he is aware of the fact that the ordinances of the City require that a property owner agree to annex property to the City as a condition of service from a City utility. Each party agrees to comply with that provision of the City's ordinances and all other provisions of the City's ordinances applicable to the receipt of sanitary sewer service from the City sewer utility. -5- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: �'✓ City Clem By: THE CITY OF FORT COLLINS, COLORAD Jyn,, ,n� BY � Q' ►7.�'/' nn City Manager THOMAS CHANDLER Y,--G. INVESTMENTS, Limited Par neTship LIMITED, By COLLINDALE SO A Partnership By: L e Exhibit B WARREN LAKE TRUNK PARTICIPATIVE ESTIMATES Summary A sanitary sewer, from Rosenthal's west property line to the existing sanitary trunk sewer 1/2 mile east of Timberline Road, at the same grade as the proposed trunk line, sized to carry only wastewater from the proposed developments (as shown on enclosed map), would require: 2700 LF 10" @ $15.00 = $ 40,500 2300 LF 12" @ 18.00 = 41,400 3000 LF 15" @ 22.50 = 67,500 2600 LF 18" @ 27.00 = 70,200 Total $219,600 Say $220,000 Estimated Benefits Parcel "A" - Benefited by 10,600 lineal feet of trunk to carry (212 + 10.7 - 26) x 2500 = 0.492 mgd (average daily) flow. Rosenthal - 186 acres = 94.4% Collopy - 11 acres = 5.6% Parcel "B" - Benefited by 7,900 lineal feet of trunk to carry (217.2 x 2500) = 0.543 mgd (average daily) flow. Tiley and Day - 100% Parcel "C" - Benefited by 3,800 lineal feet of trunk to carry (28 x 2500) = 0.070 mgd flow. Chandler - 18.3 + 6.4 = 24.7 acres = 88.8% Chadwick - 3.1 acres = 11.2% Parcel "D" - Benefited by 2600 lineal feet of trunk to carry (36 x 2500) = 0.090 mgd flow. Yocky - Others - Parcel "E" - Benefited by 2600 lineal feet of trunk to carry (32.4 x 2500) = 0.081 mgd flow. Tiley - 100% Parcel "F" - Benefited by 2600 lineal feet of trunk to carry (40 x 2500) = 0.100 mgd Dawson and Tull - 100% Parcel "G" - Benfited by 2600 lineal feet of trunk to carry (40 x 2500) = 0.100 mgd Others - 100% Therefore total benefits - 32,700 LF and 1.476 mgd 32,700 LF - $110,000 = $3.364/LF 1.476 mgd - $110,000 = $74,526.00/mgd Therefore at $3.364/LF and $74,526.00/mgd Parcel "A" - 10,600 LF @ $3.364/LF = $ 35,658.40 (197 acres) 0.492 mgd @ $74,526/mgd = 36,666.79 Total $ 72,325.19 Parcel "B" - 7,900 LF @ $3.364/LF = $ 26,575.60 (217 acres) 0.543 mgd @ $74,526/mgd = 40,467.62 Total $ 67,043.22 Parcel "C" - 3,800 LF @ $3.364/LF = $ 12,783.20 (28 acres) 0.070 mgd @ $74,526/mgd = 5,216.82 Total $ 18,000.02 Parcel "D" - 2,600 LF @ $3.364/LF = $ 8,647.40 (36 acres) 0.090 mgd @ $74,526/mgd = 6,707.34 Total $ 15,453.74 Parcel "E" - 2,600 LF @ $3.364/LF = $ 8,746.40 (32 acres) 0.081 mgd @ $74,526/mgd = 6,036.61 Total $ 14,783.01 Parcel "F" - 2,600 LF @ $3.364/LF = $ 8,746.40 (80 acres) 0.100 mgd @ $74,526/mgd = 7,452.60 Total $ 16,199.00 Parcel "G" - 2,600 LF @ $3.364/LF = $ 8,746.40 (80 acres) 0.100 mgd @ $74,526/mgd = 7,452.60 Total $ 16,199.00 TOTAL $220,003.18 No Text conditions which involve the installation of.and construction of utilities and other municipal-iiTVrovcments in connection with said lands. NOW, 'MEREFORE, in consideration of the premises and the terms and conditions nerein 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 install x] in full compliance with the stai,dard 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 b� 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 except. that the City shall pay that added cost to install a 20-inch main on Horsetooth Road rather than a 12-inch main. Developer agrees to ask for alternative bids for the 12-inch main, and the lowest bid received shall serve as a basis for calculating the arrount of costs to be borne by the City. 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 rneet 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. Said sani- tary sewer lines shall not include the South Side Trunk Line, presently under design. In the event the Developer desires the use of the onsite sanitary sewer collection system prior to the completion of the South Side Trunk Line, Developer agrees to have a temporary holding tank engineered and constructed prior to any such use. Developer hereby agrees that if a temporary sanitary holding tank is installed, he will maintain said tank, insuring that sanitary conditions are maintained at all times. Said installation and maintenance of the holding tank shall be at the sole expense of the Developer. Developer agrees that the onsite sanitary sewer collection system shall be constructed and connected no later than May 31, 1978, to said trunk line provided the same is completed by that date. If the same is riot completed by that date, Developer agrees that he will hook-up to the same within sixty (60) days after the same is completed. 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. f. The installation of said lines shall be inspected by the Engineering Services Departrrent 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 Liqht and Pacer 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 Paver Department. Such installation shall. include all street lights required for the development. 5. Storm Server Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. b. Such storm sever 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 September 1, 1979. All of said lines and utilities 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. In any event, all of said lines and facilities shall be completed within 24 months from the date of this agreement. d. All of said facilities shall be installed at the sole expense of Developer. e. The installation of all of such lines and facilities shall be inspected by the Engineering Services Department of the City and shall be sub- ject 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 corrpliance 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. 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 within 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 except that the City shall pay that added cost of constructing Horsetooth Road as an arterial and Landings Drive as a collector rather than as residential streets. Unit prices for said street construction shall be determined and agreed upon prior to actual construction. 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. q. 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 installer) from main utility lines to the property line. 7. Other Requirements. None 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. THG CITY OF FORT COLLINS, C01001DO By City b1a1 ager -6- ATTEST: City clerk fi APPMVGD: 6 �) Directof Engineering Services I C -7- FMIIBIT A' 1. Schedule of water lines to be installed out of sequence. Nonapplicable. 2. Schedule of sanitary sewer lines to be installer) out of sequence. Nonapplicable. 3. Schedule of street improvements to be installed out of sequence. Street improvements on Horsetooth Road shall be constructed with the first phase of development. In any event, said improvements shall be completed within two years of the date of this agreement. AGREEMENT THIS AGREEMENT is made and entered into this 5'1 day of 1977, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, party of the first part, hereinafter sometimes designated as the "City", and J. THOMAS CHANDLER, T.K.G. INVESTMENTS, a limited partnership, LANDINGS LIMITED, a limited partnership, and COLLINDALE SOUTH, a partnership, parties of the second part, hereinafter sometimes collectively designated as the "Developers", and individually designated by name, WITNESSETH: WHEREAS, Developers are the owners of properties located generally in the South 1/2 of Section 36, Township 7 North, Range 69 West of the 6th P.M. and the South 1/2 of Sections 31, 32 and 33, Township 7 North, Range 68 West of the 6th P.M., the properties belonging to each of the Developers being more particularly described on Exhibit A attached hereto and by this reference made a part hereof; and WHEREAS,. Developers intend to annex said properties to the City and to subdivide, improve and develop the same; and WHEREAS„ these Developers desire to receive sanitary sewer service from the sanitary sewer utility of the City in connection with such development; and WHEREAS., the City has agreed to grant taps on its sanitary sewer system and to extend sanitary sewer lines to serve the properties of the Developers upon certain terms and conditions and subject to certain agreements hereinafter expressed.