Loading...
HomeMy WebLinkAboutWILDWOOD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-16SUBDIVISION AGREEM THIS AGREEMENT is made and entered into this 7 �'' day of February , A.D. 1978 , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Wildwood Venture, Incorporated 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: WILDWOOD, FIRST FILING, situate in Section 16, T 7 N, R 6 9 W , of the Sixth P.M., City of Fort Collins. WHEREAS, 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 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 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 requirements and THIS AGREEME2U is made and entered into this 20,14 day of Dec e m b e r , A.D. 1977, by and between THE CITY OF For COLLINS, CDIARADO, a municipal corporation, hereinafter sotmtimes designated as the "City", and WZIAlwa00. YGN/ H✓G� SAG hereinafter designhted as the "Developer", wHEREAs, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: �4 F W/Lo,WO iRSr F/LI, s%A,.A& AlG %ti s«�`:e� �G,7•, R, G ?W" o F f%i� Six , P. M. , C;rJ. o i � �- f �o//�•s WHEREAS, Developer desires to develop said property as a P-tsi�en%�ia� 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 WHFMAS, 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 WEaMAS, the City has approved the subdivision plat (and site plan where applicable) submitted by the Developer subject to certain requirements and %AW 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 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 waterline 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- `r *40 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 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 sam be on or off the subject property, FA cjd l�q Zt /S {y'WWO-Oe(Road p-•a�at/�l n,eel(�',�r, 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 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 tiire determined by the City Engineer. e. All of said lines shall be installed at/lthe sole expense of the Developer/ -e ae � lo+e, z�/rx W,.w a .;a {yes- 1 P/y JPCC� .S�r1eGf �`+y 7�e ��Tr•G/�G v��oPGr ggrePer'fiuPMrl� /y t GOf! OT Go NS Yt �iOq Ot JQ/il/7�7"N.v.C�✓S �•wG/ as SAP"10cut :.> E'xl.,di� B ot�ac�,cd lGrG�o as j( ..+aait a Pgrf 1irr<a% -3- %W *40 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 detention facilities prior to April 1, 1978, or, at the option of the City and upon demand by the City, the Developer agrees to participate (through a drainage fee to be established by the City representing the proportionate cost of the drainage for the development), in the future acquisition and construction of off -site detention facilities. 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 inspected by the Engineering Services Department of the City and shall be subject M ' 10 *400 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, ccnplete 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. 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. e. All of said streets shall be installed at the .sole expense of the Developer.. en cePf 4.*14 4e ei�r s4*11 pole AX4i sa WV, i;pN,// cast 716 %Mjo✓bv- Weaf Pros"Pecf as sir nr7<<rio/ rw +rr f/,ow at a rasidc„�ir% s7ree74. 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 bee installed from main utility li,,40 to the property line. 7. Other Requirements. a. Building permits for Lots 13 and 14 shall not be issued until sewer service lines for said lots have been installed by Developer. b. Building permits for Lots 4 and 15 shall not be issued until relocation of Pleasant Valley Canal is completed, water and sewer service lines have been installed, and gravel installation on access roadway is completed by Developer. c. Building permits for Lots 1, 2, 3, 16, 17, and 18 shall not be issued until the bridge at the Pleasant Valley Canal is completed, water and sewer service lines have been installed, and gravel on access roadway is installed by Developer. 8. Miscellaneous. a. This agreement shall Wbinding 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. ATTEST: ity er APPROVED: THE CIJIX,,OF FORT COLLINS, COLORADO 0 nager Developer, Title In EXHIBIT A 1. Schedule of water lines to be installed out of sequence. i� a�b/.GAzle 2. Schedule of sanitary sewer /lines to be installed out of sequence. S,Ce �Xhi �i� 8 3. Schedule of street improvements to // be installed out of sequence. 'w EXHIBIT B The Developer agrees to provide a cash escrow or other acceptable financial guarantee to the City for Developer's participation in the cost of construction of the trunk sewer line in West Prospect Street, which provides sanitary sewer to the Wildwood Subdivision. Such cash escrow shall be deposited with the City prior to award by the City of the construction contract for said trunk sewer line. The Developer's participation has been estimated at $27,639.00. The final cost shalmore ore lessethanotheids estimateVedby the CityThe Developerfsrparticipationtshallnbethe construcion ad mabe calculated as follows: a. Five percent of total project cost; b. The equivalent cost of 856 feet of eight inch sewer, based upon 50% of the actual cost of 15 inch sewer; C. The equivalent cost of 531 feet of eight inch sewer, based upon 67% of the actual cost of 12 inch sewer; d. 50% of the actual cost of installation for three manholes: two standard manholes and one drop manhole; e. Full cost of any service drops within Wildwood Subdivision. 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 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 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, except for the 15-inch sewer along Wildwood Road and Wildwood Court, and also excepting the 12-inch sewer along Knollwood Drive. 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 in 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 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, except for the trunk sewer to be installed in West Prospect Street by the City. The Developer agrees to participate in the cost of construction of said trunk sewer as stipulated in Exhibit B attached hereto and made a part hereof. -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 permanent and temporary storm sewer lines and facilities shown on the utility plans. b. The Developer understands and agrees that no certificate of occupancy shall be issued by the City for any structure in the first filing, and that no building permit shall be issued for any structure in the second filing until all storm sewer lines and facilities shown on the utility plans are constructed and accepted by the City. c. If the detention pond planned by the City in accordance with Ordinance No. 61, 1976, has not been constructed at the time the Developer is ready to remove the temporary detention pond and develop the four lots at the northeast corner of the second filing, the Developer understands and agrees that prior to the removal of the temporary detention pond or the issuance of any building permits for these four lots, he shall be required to provide all information requested by the City Engineer to determine the capacity of the existing facilities and to make all improvements on those facilities determined by the City Engineer to be necessary to accommodate the increased run-off. d. All storm sewer lines and drainage facilities shown on the utility plans and all improvement on existing facilities shall be constructed at the sole expense of the Developer. At such time as a drainage fee is established in accordance with Ordinance No. 61, 1976, for the drainage basin in which said subdivision is located, the cost of the improvements made by the developer shall be a credit against such fee for the property in the subdivision to the extent that these costs reduce the cost of the permanent improvements. If such cost exceeds the total fees for the subdivision, the Developer shall be reimbursed such excess amount when funds are available in the storm drainage fund for that purpose. If the cost of installing the drainage improvements is less than the fee to be collected, the excess fee shall be assessed against the property. The Developer shall fully account to the City for all cost incurred in the construction of any drainage improvements of which the City is granting credit for under Ordinance No. 61, 1976, and the books and records of the Developer relating to such drainage improvements shall be open to the City at all reasonable times for the purpose of auditing or verifying costs. e. The installation of all of 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 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. -5- 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 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. e. All of said streets shall be installed at the sole expense of the Developer, except that the City shall pay that additional cost to improve West Prospect as an arterial rather than as a residential street. The City shall also pay the additional cost to install a seven foot wide bike lane rather than a four foot wide sidewalk, including the cost of the additional three feet of box culvert required. 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 individual lots have been installed from main utility lines to the property line. 7. Other Requirements. a. Building permits for Lots 13 and 14 shall not be issued until sewer service lines for said lots have been installed by Developer. b. Building permits for Lots 4 and 15 shall not be issued until relocation of Pleasant Valley Canal is completed, water and sewer service lines have been installed, and gravel installation on access roadway is completed by Developer. c. Building permits for Lots 1, 2, 3, 16, 17, and 18 shall not be issued until the bridge at the Pleasant Valley Canal is completed, water and sewer service lines have been installed, and gravel on access roadway is installed by Developer. 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. ATTEST: City Clerk APPROVED: Dire t of Engineering ervices /P4/Sfit City Attorney -7- THL-eITY OF FORT COLLINS, COLORADO By JCity tanager n Developer Title �- EXHIBIT A 1. Schedule of water lines to be installed out of sequence. Nonapplicable 2. Schedule of sanitary sewer lines to be installed out of sequence. See Exhibit B 3. Schedule of street improvements to be installed out of sequence. Nonapplicable EXHIBIT B The Developer agrees to provide a cash escrow or other acceptable financial guarantee to the City for Developer's participation in the cost of construction of the trunk sewer line in West Prospect Street, which provides sanitary sewer to the Wildwood Subdivision. Such cash escrow shall be deposited with the City prior to award by the City of the construction contract for said trunk sewer line. The Developer's participation has been estimated at $27,639.00. 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 participation shall be calculated as follows: a. Five percent of total project cost; b. The equivalent cost of 856 feet of eight inch sewer, based upon 50% of the actual cost of 15 inch sewer; c. The equivalent cost of 531 feet of eight inch sewer, based upon 67% of the actual cost of 12 inch sewer; d. 50% of the actual cost of installation for three manholes: two standard manholes and one drop manhole; e. Full cost of any service drops within Wildwood Subdivision.