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HomeMy WebLinkAboutLAKEWOOD ESTATES MOBILE HOME PARK - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-31Q AGREEMENT THIS AGREEMENT is made and entered into this 12th day of .larch , A.D. 19 75 , by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Ron Giselman hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of certain property known as Lakewood Estates Mobile Homes Park situate in the County of Iarimer, State of Colorado, more particularly described on the Subdivision Plat on file in the office of the City Engineer and by this reference made a part hereof; and WHEREAS, Developer desires to develop said property as a Mobile Home Park and has submitted to the City a master plan showing a proposed park layout for said lands, which master plan is on file in the office of the City Planner and by this reference made a part hereof; and WHEREAS, Developer has further submitted to the City a master 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's planning and zoning board has approved the master 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 Ian( NOW, THEREFORE, in consideration of the prem.�cs and the terms and conditions herein stated and for other valuable cons, cration, the adequacy of which is acknowledged by the parties hereto, is agreed as follows: 1. The City hereby approves the master plan cbmitted by the Developer, it being understood that such approval is appiival only of the general scheme and concept of development shown thereon s.. ?_hat the City may impose additional requirements on final plats for any per -n of said land consistent with the general scheme of development shown c the master plan. 2. Except as otherwise herein specifically a.:-eed, the Developer agrees to install and pay for all utility lines, storm dr 2nage facilities, streets and other municipal facilities necessary to serve the lands described on the Subdivision Plat, such lines, streets and facilities T—luding, but not limited to, those shown on the utility plan. 3. Water Lines. a. Developer agrees to install all water .ines as shown on the utility plans in accordance with the requirements and shown on said plans, whether such lines are actually on the property, borderin; _!,e property or on other lands connecting the subject property to the exi.sti- City water distribution system. b,. Such water lines shall be installed, dull compliance with the standard specifications of the City on file in the of--ce of the City Engineer relating to the installation of such lines. C. Developer agrees to complete the inst.-;_ation of the 8-inch main located within the Hickory Street right -of --way to a ^int 10 feet west of the mobile home park entrance within 2-1/2 years of the d and year of the date first hereinabove written. -2- for any stru_ home be alloar cr or mobile bon the Develope- Community Dev department's v installation - applicable to -. and approved cause such aJ -- installation costs of such 4 lines shown o property. with the star :.. Engineer rely - - main located <• and year of t building permit cy or any mobile s�ich structure ae sole expense of inspected by the ELiect to such i=iencies in such ad the specifications .__.a'inn is not completed shall have the right to ar; '.:o complete the be liable for the ..,.J-ary sewer collection ff the subject 1:+;,1 in full compliance .11 -Mice of the City ta_lz tion of the 12-inch a ? /2 years of the day d. Developer understands and agrees that no building permit shall be issued by the City for any structure in the subdivision nor will any mobile home be allowed within the subdivision until the sanitary sewer line serving such structure or mobile home is installed and accepted by the City. the Developer. e. All of said lines shall be installed at the sole expense of f. The installation of said lines shall be inspected by the Community Development 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. In the event such installation is not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the costs of such additional work. 5. 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. 6. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. It is understood that such lines and facilities may not represent all of the Developer's obligations in this regard and additional requirements may be made by the City at other stages of the development. -4- b. Such storm sewer lines and facilities shE L be installed in full compliance with the standard specifications of the Ci_y on file in the office of the City Engineer relating to the installation of s,.ch lines. C. Developer agrees to complete the instaila ion of said lines and facilities in an orderly fashion during the process of development, so as determined by the City Engineer, to prevent damage to other uci.lities, streets, curb and gutter, sidewalks, and all adjacent properties. d. All of said lines shall be installed at ti-e sole expense of the Developer. e. The installation of all such lines and fa,ilities shall be inspected by the Community Development 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 requir ments of the plans and the specifications applicable to such installation. In tr.e event such installation is not completed and approved within the time se�l forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory mann<r and the Developer shall be liable for the cost of such additional work. 7. Streets. a. The Developer agrees to install all stree s shown on the utility plans complete with asphalt paving, curb, gutter and idewalks. b. Such streets shall be installed in full c, pliance 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 street improvements within 2-1/2 years of the day and year of the dar& first hereinabove written. Installation of that section of Hickory Street from the trailer park main entrance west to the Lakewood Estates west property line +Ball not be -5- required until such time as the City deems it necessary. d. The City shall reimburse the Developer the cost of labor, and materials for installing that 16-feet of street necessary to extend the existing Hickory Street improvements to the east property line of said lands. e. No building permit for the construction of any structures in the subdivision shall be issued by the City nor shall any mobile home be allowed within the subdivision until the street providing access to the structures or mobile home is improved with at least the gravel base required. f. The installation of all streets shall be inspected by the Community Development 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. In the event the improvements are not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the cost of such additional work, including all normal charges made by the City for financing, engineering, publication, legal and miscellaneous on City Special Street Improvement Districts. g. Street Improvements shall not be installed until all utility lines to be placed in the street have been completely installed and all services to individual lots have been installed from main utility lines to the property line. h. In connection with the improvements to be made to streets, the Developer shall install and pay for any bridges over existing ditches or drainage channels. Such bridges shall be installed in accordance with the same schedule as provided above for the particular street involved. The detailed plans, specifications and profiles to be submitted by the Developer shall include -6- the plans, specifications and profiles for any such required bridges. 8. Flood Plain Problems. a. The Developer acknowledges that a major portion of the property is located in the flood fringe of the Cache La Poudre River as determined by the Army Corps of Engineers. The City does not have any ordinance restricting or limiting building in the flood fringe, but it is contemplated that the City Council will adopt such an ordinance in the future. Until the final adoption of an ordinance only those limitations and requirements as shown on the utility plans for development of the property will be required of the developer. Despite the absence of any express guideline regarding flood danger, the developer acknowledges that the property may be subject to flooding and improvements constructed thereon will be constructed at the developers' or owners' risk and he shall save the City harmless from any liability. 9. Performance and Payment Bond. To insure Developer's performance under this agreement, Developer has provided the City a satisfactory surety bond in the amount of $ 27,800 conditioned on Developer's full performance of its obl-igations hereunder and payment by the Developer of the cost of installing all improvement required to be paid for by the Developer within 2-1/2 years. Said bond may be renewed at the option of the City after the City has reviewed the conditions and amount of the bond. The City may request that the Developer build the improvements on Hickory Street at any time. Said bond shall be posted when development is initiated. Hickory Street east of Park entrance shall he the first stage of development. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. -7- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. THE CITY OF FORT COLLINS, COLORADO ATTEST: By City Clerk City Manager APPROVED: Director of Engineering Services f� ty t6torricy, Developer