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HomeMy WebLinkAboutCOACHLIGHT PLAZA - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31AnOPPAPMT This Agreement is made this u day of '/;';r> :r a' , 1982, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (City), McGRAW AND NORDIC, a joint venture (Developer), and NORDIC CONSTRUCTION, INC. (Contractor). WITNESSETH: WHEREAS, the Developer intends to develop that property known as the Coachlight Plaza P.U.D. in the City of Fort Collins, Colorado, which P.U.D. constitutes a replat of a portion of Evergreen Park, First Filing; and WHEREAS, the Developer proposes to develop said property utilizing funds of the Department of Housing and Urban Development N.M.); and WHEREAS, H.U.D. has required of the Developer that it obtain building permits from the City for all structures to be constructed upon the subject property in advance of and as a condition of the Developer's receipt of a committment from H.U.D. of funds for the development; and WHEREAS, the parties hereto desire to, by this Agreement, expedite the issuance of said building permits while, at the same time, protecting and insuring the City against potential breach by the Developer or the Con- tractor of City development requirements which would otherwise be con- trolled through the issuance of said building permits. NOW, THEREFORE, in consideration of the promises of the parties and the terms and covenants of this Agreement and other good and valuable consideration, the adequacy of which is acknowledged hereby, the parties agree as follows: 1. The City does hereby agree to issue to the Developer or the Contractor such building permits as are requested by the Developer or Contractor and as are necessary for the development of the Coachlight Plaza P.U.D. in accordance with the plans and plat on file with the City at such time as the Developer or Contractor may request that these building permits be issued, notwithstanding that all City requirements in connection with the issuance of a building permit have not been met by the Developer or Contractor prior to such issuance. 2. In consideration of the issuance of said building permits by the City, it is agreed by the parties hereto that the City shall have the full right to control the course of development of the subject property through the issuance of stop work orders and red tags as may be necessary in order to insure that the development proceed EXHIBIT "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 be installed out of sequence. Not applicable. 4. Storm drainage improvements to be installed out of sequence. Not applicable. AGREEMENT THIS AGREEMENT is made and entered into this 3 day of C A.D. 19 by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and ,Ozos( 4A,Zv—�hereinafter designated as the "Developer", sk 'Coachlight Plaza, lst Filing", WITNESSETH: WHEREAS, Developer is the owner of certain property situate in the County of Larimer, State of Colorado, more particularly described on Exhibit A attached hereto and by this reference made a part hereof; and WHEREAS, Developer desires to develop said property as a residential subdivision and has submitted to the City a master plan showing a proposed subdivision layout for said lands, which master plan is attached Hereto as Exhibit B 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 attached hereto as Exhibit C 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 WU REAS, 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 lands. NOW, THERE- ORE, 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. The City Hereby approves the master plan submitted by the Developer, it being understood that such approval is approval only of the general scheme and concept of development shown thereon and that the City may impose additional requirements on final plats for any portion of said land consistent with the general scheme of development shown on the master plan. 2. Except an 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 described on Exhibit A, such lilies, streets and facilities including, but not limited to, those shown on the master utility plan attached Hereto as Exhibit C. 3. Water Lines. a. Developer agrees to install all water lines as shown on Exhibit C in accordance with the requirements and as shown on said Exhibit, 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. -2 - 6. Such water lines, shall be installed in full compliance with the standard specifications of tiLe City on file in the office of the City Engineer relating, to the installation of such lines. C. Developer agrees to complete tie installation of said lines no later than the following schedule: Within one year of the day and year of the date first hereinabove written. d. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the fire hydrant serving such structure is installed and accepted by the City. U. All of said lines shall be installed at the sole expense of the Developer;, except that the City will participate in the following: Line City Participation None f. The ins.tallation of said line shall be inspected by the Community Development Department of the City and shall be subject to such department's approval. Ucveloper agrees to correct any deficiencies in such installation in orcter to meet the requirements of the plans and the specifications applicaule to such installation. In the event such installation is not completed and approved within the time sot forth above, the City shall have the right to cause suer additional work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liabie for the costs of suc;, additional work. 4. Sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary- sewer collection Lines snown on L'xiiibi.t C, whetner the same be oil or off the subject property. b. Sucii sanitary sewer lines shall be i,istallcd in full compliance with t:ie standard specifications of the City on file in the office of the City Lngineer relating to the installation of such lines. C. Developer agrees to complete the installation of said lines no later than the following schedule: Within one year of the day and year of the date first hereinabove written. -4- d. Developer understands and agrees that no building permit shall be issued by the City for any structure in the subdivis.ion until the sanitary sewer line serving such structure is installed and accepted by the City. C. All of said lilies shall be installed at the sole expense of the Developer, except that the City will participate in the following: Line City Participation None f. 1'ne installation of said lines shall be inspected by the Community Development Department of the City and subject to such department's approval. Ueveloper 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. S. Electric Lines and Facilities. The City LigKt 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. b. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on Exhibit C. 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. 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 said lines and facilities no later than the following schedule: Storm detention and drainage facilities shall be constructed in an orderly fashion during the process of development, so as determined by the City Engineer, to prevent damage to other utilities, streets, curb and gutter, sidewalks, and all adjacent properties. d. All of said lines shall be installed at the sole expense of the Developer. e. The installation of all of such lines and facilities shall be inspected by the Community Development Department of the City h 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 t,ie 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 cost of such additional worm. 7. Streets. a. The Developer agrees to install all streets shown on the master plan, complete with asphalt paving, curb, gutter and sidewalks. b. Such streets small 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 lilies. C. Developer agrees to complete the installation of street improvements no later than the following schedule. Within one year of the day and year of the date first hereinabove written. d. No building permit for the construction of any str.7^tures in the subdivision shall he issued by the City until the street providing access to the structures is improved with at least the gravel base required. e. 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 ri_gnt to cause such additional work to be done as it deems necessary to cumplete 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. f. 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. g. In connection with the improvements to be made to streets, the Developer small install and pay for any bridges over existing ditches or drainage channels. Such bridges small 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 the plans, specifications and profiles for any such required bridges. S. Other Re luirc ments. The Developer has provided a temporary cul—de—sac at the northeast corner of afore described property with the intentions of providing a permanent street at the time of development of the property adjacent on the east. The Developer further agrees that if after a period of two years of the day and year first, hereinabove written the street has not been extended to its intersection with Redwood Street as proposed he shall be liable for extending said street to the proposed intersection or providing a permanent cul—de—sac conforming to standards and specifications as set by the City of Fort Collins. -8- J. Performance and Payment Bond. To insure Developer's performance wider this agreement, Developer has provided the City a satisfactory surety bond in the amount of $ ------------- conditioned on Developer's full performance of its obligations ]Hereunder and payment by the Developer of the cost of installing all improvement required to be paid for by the Developer. Finis agreemcnt shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNLSS MIL-RL'OF, the parties tiereto have caused this agreement to be sighed tine day and year first hereinabove written. ATT1 ST: l;�ty Clcrh APPROVLD: D1reCt�r of Communit Develops De ict nt City Att rue THL CITY OF FORT COLLINS, COLORADO By City Planager Dtu loper, i ✓ �I v -9- in an orderly progression. The Developer and Contractor agree to indemnify and hold harmless the City from any liability whatsoever arising out of the issuance of such stop work orders or red tags inasmuch as it is stipulated and agreed between the parties that the issuance of the aforesaid building permits is strictly a formality which is required by H.U.D. in order to enable the Developer to obtain H.U.D. funds to proceed with the development. Accordingly, the Developer and Contractor hereby waive any rights that they may have in connection with the issuance of the afore- said building permits to proceed with development out of sequence or otherwise in violation of the City's Code of Ordinance and other development requirements. 3. It is further understood and agreed that the Developer and Con- tractor shall not be entitled to Certificates of Occupancy until all utility, street and other improvements as required by the City have been fully completed and accepted. 4. This. Agreement shall inure to the benefit of the successors, assigns, personal representatives, grantees and heirs of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CI :AI DEVELOPER: McGRAW & NORDIC, a joip)t venture By: fl H ^sch McGraw, veXhturer By' ad Nordick,�venturer_ CONTRACTOR: NORDIC CONSTRUCTION, INC. By: Andy/ L. 41inton, Vice President -2- j0,--7,cC SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this and day of Fe ruaL A.D. 1981, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and COACHLIGHT PLAZA APARTMENTS, LTD., 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: Coachfight Plaza, a Planned Unit Development, located in the NW 1/4 of Section 1, Township 7 North, Range 69 West of the 6th P.M., 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 ano 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. 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- 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.). Not applicable. B. Sanitary sewer (oversizing, payback, etc.). Not applicable. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). It is understood and agreed that the storm drainage system for the Evergreen Park Subdi- vision is presently in the design stage and is not yet com- plete. When the system is complete and the total costs of the installation of system facilities determined, the developer does hereby agree to share in said cost. Until such time as the storm drainage system plans are completed and approved by the City, no building permits shall be released. No more than six building permits and no more than three building certifi- cates of occupancy will be issued until the Evergreen Park: storm drainage system as approved by the City Storm Drainage Engineer is completed. -4- D. Streets (oversizing, traffic lights, signs, etc.). Not applicable. 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 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 -5- 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 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 Y OF FORT COLLINS, COLORADO A Muni •paYtorporation ATTEST: ! By: Cif Hager ---- City Clerk COACHLIGHT PLAZA APARTMENTSn LTD. By aw By �'P441 () /# �& Patrick J. MCGraw Tit e -7-