HomeMy WebLinkAboutEVERGREEN PARK SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31AGREEP.U1T
THIS is made and entered into this 07-UPday of P2"wm�
A.D. 1974, by and between T11E CITY OF FORT COLLINS, COLORADO, a municipal
corporation, hereinafter sontimes designated as the "City", and Evergreen
PAP1<, a joint venture, — hereinafter designated as the "Developer",
WTTNR.qSF7VT -
WHEREAS, D:�velope.r is the owner of:
Evergreen Park, Second Filing, A subdivision of a portion
of the east half of Section 1, T7N, R69W of the 6th P.m.,
City of Fort Collins, Larimer County, Colorado,
more particularly described on the subdivision plat on file in the City Engineer's
Office and by this reference made a part hereof; and
tidfMPEAS, Developer desires to develop said property as a residential
su.xlivision
aril has
submitted to the City
a utility p1-an
for said 1-ands, a copy
o` �;hich is
on file
.in the City Engineer's
Office 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 improvennents
primarily of benefit to the lands to be developed and not to the City of Fort
Collins as a c:Jhole; and
NaV, THERE-TURE, in consideration of the premises and the terms and conditions
herein stated and for other valuable consideration, the adequacy of �,AjjCt1 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
AMENDMENT TO AGREEMENT
This Agreement is made and entered into this .J day of March,
1982, by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation (City) and EVERGREEN PARK 2, a partnership (Developer), and
constitutes an amendment to that certain agreement between the parties
hereto dated December 2, 1976, a copy of which is attached hereto.
WITNESSETH:
WHEREAS, that Agreement dated December 2, 1976, between the City and
Evergreen Park, a joint venture, (the Agreement) and its associated Adden-
dum Number 1„ dated December 20, 1979, has not been fulfilled; and
WHEREAS„ Evergreen Park, a joint venture, executed the Agreement and
Evergreen Park 2 is successor in interest to Evergreen Park, a joint
venture, and has acquired the property subject to the Agreement; and
WHEREAS„ it is recognized and agreed between the parties that the
Developer has exerted a good faith effort to comply with the terms and
conditions of the Agreement and its rfdendum but h-as bcen un-atic ay sv
comply, in part because of economic considerations and difficult market
trends; and
WHEREAS, there is an atmosphere of uncertainty for both the Developer
and subsequent purchasers of Evergreen Park, Second Filing, in regard to
the issuance of building permits and certificates of occupancy for improve-
ments to be placed upon the property; and
WHEREAS, the parties agree that it is in the best interest of the
City, the Developer, and subsequent purchasers of the subject property
to amend the Agreement and its Addendum in such manner as to incorporate
and/or modify all of the numerous letters of change, for the purpose of
aUdressing design criteria ana construction pruceuureS WIG OLoer city
conditions in order to define the City's requirements of the Developer in
order to procure building permits to procede with the development of the
subject property; and
WHEREAS, it is the intent of the parties that this agreement shall,
together with the Agreement constitute the entire understanding of the
parties and shall serve to replace and nullify any provisions pertaining to
the subject property as are contained in letters or other correspondence,
including Addendum Number 1 to the Agreement dated December 20, 1979.
NOW, THEREFORE, in consideration of the mutual promises of the parties
and the terms and conditions herein stated, and other good and valuable
considerations, the adequacy of which is acknowledged by the parties
hereto, it is agreed as follows:
1. Except as herein otherwise provided, the Agreement shall continue
in full force and effect.
2. Paragraph 2.c. is hereby amended to provide as follows:
2. c:. All water lines shall be constructed in compliance with the
approved utility drawings and, in order to provide adequate
water quantity and pressure for fire protection and do-
mestic use to the dwelling for which a building permit
has been requested, the applicable water lines to serve
such dwelling shall be completed in a looped manner as may
be required by the City Engineer.
3. Paragraph 3.c. is hereby amended to provide as follows:
3.c. In no event shall a sanitary sewer collection line be
terminated without the full completion of the 1 i t;
and including the nearest manhole upstream from the property
to be serviced, as described on the approved utility plans.
4. Paragraph 5.c. is hereby amended to provide as follows:
5.c. Provided that the requirements of this agreement are other-
wise satisfied, the City agrees to release up to 30_building
permits (and certificates of occupancy) within Watershed
Number 1, as said watershed is delineated on Exhibit "A" as
attached to the Agreement. Prior to requesting any addi-
tional building permits or prior to the issuance of any such
permits in Watershed Number 1 in excess of the aforesaid 30
permits, the Developer shall complete in finished condition,
the retention facility defined as "Tract A" on the plat of
Evergreen Park, Second Filing together with the drainage
swale necessary to connect the "Tract A" retention facility
with the "Tract B" retention facility as defined on said
plat. Said drainage swal a need not be constructed in
finished form but must be constructed in such form as to be
fully usable for drainage purposes.
P►`iur to requesting aiiy buiii ing peiactits or certificates
of occupancy within Watersheds 2 and/or 3 as delineated
on said Exhibit "A", it is agreed that the Developer shall
use its best efforts to relocate the electrical power ► o i e
presently located within the retention facility defined as
"Tract B" on the Evergreen Park, Second Filing plat in-
cluding the placing on deposit with Poudre Valley REA such
funds as are required by that Association to finance the
-2-
relocation of said pole; and complete in final and finished
form the construction of said retention facility along
with its overflow discharge structure and the temporary
retention facility to be located to the southwest of said
"Tract B" retention facility as detailed on the drawings
prepared by "Engineering Professionals" dated February,
1981, and the City shall issue no additional building
permits or certificates of occupancy until the aforesaid
improvements are completed, (or sufficient funds have been
deposited with the City by the Developer to ensure such
completion.).
5. Paragraph 6.c. shall be amended to provide as follows:
6.c,. Notwithstanding the requirements of the Agreement or the
Code of Ordinances of the City, the completion of Lemay
Avenue will not be required by the City until further
traffic studies have been completed (which studies are
presently being conducted at the City's expense) or on
January 1, 1985, whichever shall first occur.
6. Paragraph 6.i. of the Agreement is hereby deleted in its entirety.
7. Paragraph 6.j, is hereby amended to provide as follows:
6.j,. The Developer agrees to maintain the water retention struc-
tures until such time as such structure or structures are
completed and accepted by the City.
8. Addendum Number 1 of the Agreement, dated December 20, 1979, is
hereby deleted in 'its entirety.
9. This Agreement constitutes, together with that Agreement of the
parties dated December 2, 1976, the entire understanding of the parties and
there are no other understandings, either oral or written which supersede,
amend, explain, modify or expand upon this agreement. Except for the
paragraphs specifically amended hereby, the Agreement dated December 2,
1976 shall continue in full force and effect. This agreement shall be
binding upon the parties hereto, their heirs, personal representatives,
successors and assigns.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be
signed the day and year first herein above written.
ATTEST:(
d.�lb� 01LS�
City Clerk
THE C OF, FORT COLLINS, COLORADO
By
City M nager
-3-
APPROVED:
EVERGREEN PARK 2, a partnership
Developer
By
Lyle Carpe; ter, partner
rchie Wainwright, part,"
Mariann McAlger, partner
-4-
anc? other municipal facil ies necessary to serve the 1al1o, described on the
suMivision plat.
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
relating to the installation of such lines.
c. Developer agrees to complete the installation of said lines no later
than December 1, 1.981.
d. Developer understands and agrees that no building permits for any
structure in the subdivision shall be issued by the City until the water lines
on Foxtail Street, Monterey Drive, and Conifer Street are installed and accepted
by the City including the fire hydrant serving such structure.
Developer.
e. All of said lines shall be installed at the sole expense of the
f. The installation of said lines 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. 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 i,ecessaiy to complete the
installation in a satisfactory naizner and the Developer shall be liable for the
costs of such additional work.
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 agrees to complete the installation of said lines no later
than December 1, 1981.
d. 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.
Developer.
e. All of said lines shall be installed at the sole expense of the
f. The installation of said lines shall be inspected by the Engineering
Services Department of the City and subject of 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 for -Eh above, the City shall have the right to cause such
additional work to be done as it deems necessary to co plete the installation
in a satisfactory nvanner and the Developer shall be liable for the costs of
such additional work.
4. Electric Lines and Facilities.
a. 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 understands and agrees that before.the City will issue
building permits on more than a maximum of 30 lots within watershed No. 1, as
shown on exhibit "A" of this agreement, detention pond "A" and drainage facilities
within watershed No. 1 shall be constructed according to the utility plans and
accepted by the City Engineer.
Developer further understands and agrees that before the City will
issue building permits on more than a maximum of 32 lots within watersheds No. 2
and 3, as shown on exhibit "A", detention pond "B" and drainage facilities within
watersheds No. 2 and 3 shall be constructed according to the utility plans and
accepted by the City Engineer.
d. Developer further agrees to control runoff during the process of
development so as to assure that the health, safety, welfare, and property of
the City and citizens is safeguarded and protected through the proper drainage
of storm waters.
e. All of said drainage facilities and control measures shall be at
the sole expense of the Developer.
f. The installation of all of such lines and fac-Llities 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. 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 work.
6. Streets.
a. The Developer agrees to install all streets shown on the utility
plan, complete with asphalt 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 lines.
C. Developer_ agrees to complete the installation of street improvements
in accordance with the following schedule:
Street Limits
Conifer St. Monterey Dr. to N. Lemay Ave.
f,bnterey Dr. All
Foxtail St. N:onterey Dr. to 825 ft. west
Coulter St. Cul-de-sac south of Foxtail St.
to 350 ft. north of Foxtail St.
Shortleaf St. All
Coulter St. Shortleaf St. to 350 ft. north
of Foxtail St:
Foxtail St. Shortleaf St. to 380 ft. east
Conifer St. Redwood St.
Sugarpine St. All
Foxtail St. Sugarpine St. to Shortleaf St.
Sitka St. Sugarpine St. to Foxtail St.
Yew Ct. All
To be Completed on or
Before
June 1, 1978
June 1, 1978
'June 1, 1978
June 1, 1978
June
1,
1979
'June
1,
1979
'June
1,
1979 ,
June
1,
1980 r
"June
1,
1980
JJune
1.,
1980 f'
-June
1,
1-980
June 1, 1980
All remaining streets December 1, 1981
d. No building L_,2rndt for the construction of ajlI, structure in the sub-
division shall be issued by the City until the street providing access to the
structures is improved with at least the gravel base required.
e. Developer, also being the owner of the Evergreen Park, First
Filing agrees that the number of building permits issued by the City for
structures within the Evergreen Park, Second Filing shall not exceed seventy
(70) until a paved access with curb and gutter is provided to College Avenue
on the west or Vine Drive on the south.
f. The installation of all streets 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. 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 satis-
factory manner and the Developer shall be liable for the cost of such additional
work, including all normal charges rade 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. All street improvements shall be constructed at the sole expense
of the Developer, except that the City shall pay that added expense of improving
N. Lemay Avenue as an arterial and Conifer Street as a collector rather thanas
residential streets.
i. Developer agrees to monitor or have monitored the levels of the
holding ponds or water detention structures for a period of one year to deter --
mine their adequacy in size and percolation.
j. The developer agrees to maintain the water detention structures
until such time as all streets and utilities are installed and accepted by the
City and further until such time as major development has been completed, but
shall not be expected to provide said maintenance beyond December 1, 1981.
This agreement shall be binding upon the parties hereto, their heirs,
personal representatives and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be signed the day and year first hereinabove written.
AT LEST:
City Clerk:
APPROVED:
i
Director of Engineering Pervices
THE CITY OF FORT COLLINS, COLORADO
BY:
City Manager
bevel tr, Title
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Date /,-)/Zo /7�
ADDFMU4 NO. 1
The Subdivision Agreement for �n Park-2.nd Filin dated December 2,
1976 between Evergreen Park a _ , and the City of Fort Collins,
Colorado, is hereby amended as follows:
Paragraph FC shall be amended to include North Ik-r-ay Avenue (formerly
County Ttoad rx6. 9) improvements within this subdivision to be constructed
at the same time as improvements for the same street within Evergreen Park
3rd Filing to the south and Greenbriar P.U.D. to the r_or-th. The improverlents
to Lemay Avenue, within all three s-,abdivisions shall be commleted prior to
January 1, 1982.
The City agrees to coordinate these improvements with all three developers
involved to extend to them as much notice as is reasonably possible.
THE CITY OF FORT COLLINS, COLOWM
City Manager
City Cler
APPR7
z., Director of Pub is ti,�orks
SSA City Attorney
7
FJ7ERC,REEN PARK,