Loading...
HomeMy WebLinkAboutWAGON WHEEL SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-11SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 30th day of November , A.D. 1979, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal corporation, hereinafter referred to as "the City," and MELODY HOMES, a joint venture, 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: Wacon Wheel, Second Filing, located in the Southeast quarter of Section 27, Township 7 North, Range 69 West of the 6th Principal fieridian, 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 City Engineer and made a part hereof by reference; and WFIEREAS, 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 City Engineer 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 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. Except as otherwise herein specifically agreed, the Developer aarees 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. The Developer aarees 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 Enaineer and applicable provisions of the City Code relating to the instal- lation of such lines. c. The Developer understands and aarees 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 -2- to provide service to other areas of the city, those lines shall be in- stalled 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 line shall be inspected by the Public Works Department of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such instal- lation in order to meet the requirements of the plans and the specifica- tions 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 com- 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. The 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 installea and accepted by the City. d. Any sanitary sewer line 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 Puhlic Works Department of the Citv and subject to such department's approval. The Developer agrees to correct any deficiencies in such instal- lation in order to meet the requirements of the plans and the specifica- tions applicable to such installation. 4. Electric Lines and Facilities. The City Light and Power Depart- ment 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 develop- ment. 5. Storm Sewer Lines and Facilities. a. The Developer agrees to install all storm sewer lines and facilities as 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. 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, cutter, sidewalks, and all adjacent properties. 1 within d. All of said facilities located "U Wagon Wheel Subdivision shall he installed at the sole expense of the Developer. e. The installation of all such lines and facilities shall be inspected by the Public Works Department of the City and shall be subject -4- to such department's approval. The Developer agrees to correct any defi- ciencies 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 sidwalks. h. 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 re- quired. Furthermore, no building permit shall be issued by the City for any structure located in excess of six hundred sixty (660) feet from a single point of access. d. Any streets described on Exhibit "A," attached hereto, shall be installed within the time required on Exhibit "A." If the City Engineer determines that any streets shown in the utility plans are required to provide access to other areas of the city, those streets shall be installed within the time determined by the City Engineer. e. All of said streets shall be installed at the sole expense of the Developer except that the City shall reimburse the Developer for constructing Casa Grande Blvd. to collector street width and structural requirements in lieu of standard thirty-six (36) foot local street stan- dards. f. The Developer agrees to correct any deficiencies in such -5- installation in order to meet the requirements of the plans and the speci- fications 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. Prior to any road base and asphalt placement, soils sampling and testing must be performed by a Registered Professional Engineer to evaluate the soil characteristics in the area of the proposed roads. Street section design shall be based on these test results and shall be subject to approval by the City Engineer. 8. Miscellaneous. a. The Developer shall provide the City Engineer with certified record utility drawing, transparencies upon satisfactory completion of utility construction for his use in making record prints for the City's files. b. This Agreement shall be. binding upon the parties hereto, their heirs, personal representatives, and assigns. c. 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. EST: Ci y Clerk APPROVED: �` irect o Public 41or City torney� THE CITY OF FORT COLLINS, COLORADO A (Muni ip 1 Corpora ion by: \ Ci t-y4TeW,ger V Melody Homes, a Joint Venture developer `- by W. H. r c�, Jr. General Manager Title -7- FXHIRTT "A" 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 he installed out of sequence. Until such time as Bowie Avenue is constructed North of this Subdivi- sion to Swallow Road, a second access from Filing No. 1 to Shields Street shall be provided. This access shall be constructed of base course of sufficient depth to handle required traffic flows, including emergency! vehicles, as determined by the City Engineer. This access shall in no way interfere with drainage on either Shields Street or on Lymen Street. It shall be the responsibility of the Developer to provide adequate dust control on such access in accordance with City requirements. 4. Schedule of storul drainage facilities to be installed out of sequence. The Developer understands and agrees that before the City will issue building permits on more than a maximum of 44 lots (or certificates of occupancy more than 22) for all lots South of Casa Grande Blvd., all drainage facilities and the detention pond serving_ these lots shall be constr_ic'.ed according to the utility plans and accepted by the City Engineer. In addition, the following two conditions must be met: (A) Construction and acceptance by the City Engineer of all detention facilities from the Wagon Wheel Filing No. 2 detention pond, east to the double box culvert in Foothills Park Subdivision, which will carry storm water from 'wagon Wheel Subdivision (refer to sheets six (6) and twenty-six (26) of Utility Drawings for Cunningham Corner P.U.O.). (B) Dedication of sufficient right-of-way or easements for all storm drainage piping, appurtenances, and the detention pond proposed in Outlot B as shown on sheets four (4), nineteen (19) and twenty (20) of Utility Drawings for Wagon Wheel Filing No. 2. The Developer further understands and agrees that before the City will issue any building permits or certificates of occupancy in that area North of Casa Grande Blvd., all drainage facilities serving those lots (includinq Filings No. 1 and No. 2) and the detention pond in Filing No. 1, stall be constructed according to plans and accepted by the City Engineer.