HomeMy WebLinkAboutOAKBROOK TWO APARTMENTS PUD - Filed OA-OTHER AGREEMENTS - 2004-01-05AGREEMENT
6C
THIS AGREEMENT is made and entered into this!day of
A.D. 1978, by and between THE CITY OF FORT
COLLINS, ULORADO, a municipal corporation, hereinafter sometimes designated
as the "City" and OAKBROOK II APARTMENTS, a Limited Partnership hereinafter
designated as the "Owner"
WITNESSETH:
WHEREAS, Owner is the owner of certain property situated 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, Owner desires to develop said property as an apartment
complex to be utilized as housing for the elderly and has submitted to the City
a master plan showing a proposed subdivision 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, Owner 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's planning and zoning board has approved the master
plan submitted by the Owner subject to certain requirements and conditions
which involve the installation of and construction of utilities and other
municipal improvements in connection with said lands.
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A part of Tract "F" Southmoor Village, Second Filing, located in the South 1/2 of
Section 25, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado,
being more particularly described as follows:
Considering the West Line of said Section 25 as bearing N 00000'45" W and with all
bearings contained herein relative thereto:
Commencing at th8 West 1/4 Corner of said Section 25; thence easterly along a line
which bears N 89 47'08" E, 2281.00 feet to a point on the east right-of-way line of
Stanford Road; thence southerly along said right-of-way line on thg arc of a curve
to the right 416055 feet whose radius is 1419.21 feet, delta is 16 49'00", and long
chord bears S 08 11 30 W, 415.05 feet; thence continuing along said east right-of-
way line S 16036'00" W, 145.00 feet to a point, said point being the True Point of
Beginning; thence leaving said right-of-way line and continuing easterly N 90°00'00"
E 736.20 feet to a point on the We8t right-of-way line of Stover Street; thence
southwesterly along said line S 27 48'g0" W 388.84 feet to a point; thence leaving
said line and continuing westerly S 89 45'30" W 658.22 feet to a point on the said
east righ�-of-way line of Stanford Road; thence continuing northerly along said
line N 16 36'00" E 361.81 feet to a point, said point being the True Point of
Beginning, subject to reserving easements for the construction, installation,
erection, repair, maintenance, re -construction, re -erection and re -installation of
utility lines for sewer, gas, water, electricity, telephone, and any other utilities
on, across and through said premises within 12 feet for under -ground structures and
within 6 feet for all over -head structures along and adjacent to the outer edge or
or the perimeter of the property described aforesaid.
The above described tract contains 5.5230 acres gross.
NOW, THEREFORE, in consideration of the premises and the terms and
conditions hereinstated 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 Owner,
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 addi-
tional requirements on final plats for any portion of said land consistent
with the general scheme of development shown on the master plan.
2. Except as otherwise herein specifically agreed, the Owner agrees
to install and pay for all utility lines, storm drainage facilities, streets
and other municipal facilities necessary to serve the lands described on the
subdivision plat.
3. Water Lines.
a. Owner agrees to install all water lines as shown on the
utility plan in accordance with the requirements and as shown on said plan,
whether such lines are actually on the property, bordering the property or on
other lands connecting the subject property to the existing City water distri-
bution 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.
the Developer.
C. All of said lines shall be installed at the sole expense of
d. The installation of said line shall be inspected by the
Engineering Services Department of the City and shall be subject to such depart-
ment's approval. owner agrees to correct any deficiencies in such installation
in order to meet the requirements of the plans and the specifications applicable
to such instal.lat:ion. 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 Owner shall be liable for the
costs of such additional work.
4. Sanitary Sewer Collection Lines.
a. The Owner 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.
the Owner.
C. All of said lines shall be installed at the sole expense of
d. The installation of said lines shall be inspected by the
Engineering Services Department of the City and subject to such department's
approval. Owner 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 Owner 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 Owner shall pay for such work in accordance
with the established charges of the Light and Power Department. Such installa-
tion shall include all street lights required for the development.
6. Storm Sewer Lines and Facilities.
a. The Owner shall install all storm sewer lines and facilities
shown on the utility plan.
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. owner agrees to complete the installation of said lines and
facilities in an orderly fashion 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 control and drainage of storm
waters.
d. All of said lines and facilities shall be installed at the
sole expense of the Owner.
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. owner 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 owner shajl be
liable for the cost of such additional work.
7. Streets.
a. The owner 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. The installation of all streets shall be inspected by the
Engineering Services Department of the City and subject to such department's
approval. Owner 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 Owner 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.
d. 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.
8. The Owner hereby agrees that notwithstanding the issuance of a
building permit, no wort shall begin or any structure until:
a. The fire hydrant serving such structure is installed and
accepted by the City.
b. The sanitary sewer line serving such structure is installed
and accepted by the City.
C. The street providing access to the structure is improved
with at least the gravel base required.
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.
ATTEST:
��=1c-Gfb/!AL
APPROVED
Direc r of Engineer ng Services
THE CITY OF FORT COLLINS, COLOR_ADO
r
BY:'.
Citj Manager
I
OAKBROOK II APARTMENTS, A LIMITED
PARTNERSHIP
Ranbir S. Sahni, General Partner
A part of Tract "F" Southmoor Village, Second Filing, located in the South 1/2 of
Section 25, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado,
being more particularly described as follows:
Considering the West Line of said Section 25 as bearing N 00000'45" W and with all
bearings contained herein relative thereto:
Commencing at thS West 1/4 Corner of said Section 25; thence easterly along a line
which bears N 89 47'08" E, 2281.00 feet to a point on the east right-of-way line of
Stanford Road; thence southerly along said right-of-way line on thS arc of a curve
to the right 416055 feet whose radius is 1419.21 feet, delta is 16 49'00", and long
chord bears S 08 ll 30 W, 415.05 feet; thence continuing along said east right-of-
way line S 16°36'00" W, 145.00 feet to a point, said point being the True Point of
Beginning; thence 'leaving said right-of-way line and continuing easterly N 90 00'00"
E 736.20 feet to a point on the Wesct right-of-way line of Stover Street; thence
southwesterly along said line S 27 48'g0" W 388.84 feet to a point; thence leaving
said line and continuing westerly S 89 45'30" W 658.22 feet to a point on the said
east righ�-of-way line of Stanford Road; thence continuing northerly along said
line N 16 36 00 E 361.81 feet to a point, said point being the True Point of
Beginning, subject to reserving easements for the construction, installation,
erection, repair, maintenance, re -construction, re -erection and re -installation of
utility lines for sewer, gas, water, electricity, telephone, and any other utilities
on, across and through said premises within 12 feet for under -ground structures and
within 6 feet for all over -head structures along and adjacent to the outer edge or
or the perimeter of the property described aforesaid.
The above described tract contains 5.5230 acres gross.
FCz 2 2
.97 8 C1
AGREEMENT
THIS AGREEMENT is made and entered into this 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
AMERICAN DEVELOPMENT CORPORATION, a Colorado corporation, hereinafter sometimes
designated as "Developer".
WITNESSETH:
WHEREAS, Developer is the American Development Corporation, a Colorado
corporation, the owner of the property described on Exhibit A, attached hereto;
F in
WHEREAS, the planned unit development proposal is for an apartment project
which will provide living units for the low-income elderly, under the provisions
of Section 8, Title II of the Housing and Community Development Act of 1974,
and Section 221 (d) (4) of the National Housing Act; and
WHEREAS, the planned unit development as presented to the City contains
Provision for less parking than would normally be required for the number of
living units planned in the project; and
WHEREAS, the justification for providing less parking than normally required
is the fact that studies have indicated residents qualified to live in a project
of this type who meet the FHA and HUD requirements for such a project will generate
less need for parking; and
WHEREAS, the City has agreed to approve the project with less parking provided
the Developer assures the City that additional parking will be available and will
be supplied if the project is occupied by people not meeting the requirements of
the FHA and HUD for this type project.
3 3 0J
NOW, THEREFORE., in consideration of the premises and the terms of the
within agreement, it is agreed as follows:
1. The City agrees to approve the planned unit development with the
parking as proposed by the Developer.
2. Developer agrees that the areas indicated on the attached plan as being
reserved for future parking will have no building improvements constructed on
them and will remain available for conversion to parking spaces in the future.
3. If at any time in the future any apartment unit in the project is
occupied by persons not meeting the requirements of the Department of Housing
and Urban Development or other appropriate federal agency for a project of the
type described herein, the Developer agrees to immediately convert all areas
shown on the attached plan as reserved for future parking to parking lots with
improvements comparable to those installed in the original parking lots of
this project.
4. This agreement and the covenants herein contained shall be covenants
running with the land and shall be binding upon the Developer, its successors
and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed the day and year first hereinabove written.
ATTEST:
City C"ferk
THE CI7-'4, Of FORT COLLINS, COLORADO
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