The URL can be used to link to this page

Home My WebLink AboutTOWN SQUARE - Filed OA-OTHER AGREEMENTS - 2004-03-04Town Square P.U.D. AGREEMENT THIS AGREEMENT is made and entered into this day of A.D. 19 by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Seavo-Dougherty Builders, Inc. hereinafter designated as the "Developer", WITNESSE.TH: WHEREAS, Developer is the owner of Town Square P.U.D. situate in the County of Larimer, State of 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 WHEREAS, Developer desires to develop said property as a commercial subdivision 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 City Planner's Office 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 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 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 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, 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. 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 as otherwise herein specifically agreed, the Developer .agrees to installand 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. Developer agrees to install all water lines as si.own on the utility plans in accordance with the requirements and as shown on said plans, whether such lines are actually on the property, borderipa, the pro_ -arty or on other lands connecting the subject property to the existing City water di.stributioa system. b. Such water lines shall be installed in full compliance witin 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 for any structure in the subdivision shall be issued by the City until the fire -2- hydrant serving such structure is installed and accepted by the City. of the Developer. d. All of said lines shall be installed at the sole expense U. 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 as specified 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 satisfacLory manner and the Developer shall be liable for the costs of such additional work. 4. Sanitary Sewer Lines. a. The Developer agrees to install all sanitary sewer 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 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. the Developer. d. All of said lines shall be installed at the sole expense of e. 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. In the event such installation is not completed and approved -3- a, specified above, the City shall have the right to cause such additional work to be doneas it deems necessary to complete the installation in a satisfactory manner and the Developer 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 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. 6. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown orthe utility plans. b. Developer 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. of the Developer. C. All of said lines shall be installed at the sole expense d. 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. In the event such installation is not completed and approved as specified 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. -4- utility plan. 7. Sidewalks. a. The Developer agrees to install all sidewalks sho�,M on the b. Sucl•: sidewalks hall 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 sidewalks. 2. Developer agrees to complete the installation of all sidewalk adjacent to Elizabeth Street before a Certificate of Occupancy is issued for Phase I construction. d. The installation of all sidewalks 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 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. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS WHEREOF, the parties hereto have caased this agreement to be signed the day a.id year first hereinabove written. THE CITY OF FORT COLLINS, COLORADO -5- ATTEST: i City Cleric ` APPROVED: Direct of Engineer g Services ty Attorney By City Manager per Title -6- NOW, THEREFORE. it is agreed as follows 1. Tin original landscape :lays for Town Square Planned Unit Oevelorinent owned by Elizabeth Center to be fully fevelew 'wi 1 1 presently cost SFVF!., THOUSAND SIX HUNDRED 4'InNTY-FIVE and 57/100 iOLL,ARS (S 685.52) and that one hun,l ed twenty-five percent (.`%'+'•) ther-nf is ME THOUSAND .417 Hll,'diREA `:TX and 9011UP POI.LAR! (AlMF.gn). Therefore, Elizabeth Qnter agrees uper Pxecution of this aclreement to vcrqr, with City the said AINV MUSAID FIX HUNDRED SIX -d 901100 ROLLERS (:9,M .90) in cash to be held by the City to meet the rt"quirenents OF the nrdinsance applicable to the Planned unit: Development of Town 4quare as the same pertains to landscanR nuarantee. The lit' shall !hold said Rinds for a terns of thirty (30) days without the requirement of invest- inq the sane in interest bearing investments. in the event that during said thirty (Q) day tern the city fails to adopt an ordinance revisinr the Present. Planned Poit Develop - went 9rdinanco to nrovide For bonding procedures allowing, the owners or developers to post their personal recognizance hand to quarantop landscaninq or other procedures acceptable, to Elizabeth Center; the said MRF FMOUSAND SIX HUNDRED STX end 99/100 1OLLA.RS (SQ,606.90) shall then, at the end of said thirty (10) days, be deposited in an interest bearing account with said interest to accrue for the benefit of Elizabeth Center Q . In the event that the city shall adopt, in applicable ordinance at any time during or after said thirty (10) ,,ay term, Elizabeth Center To. upon meeting the requir rents of said ordinance shall then be returner? the WYATT AND SOMMERMEYER ATTORNEYS AT LAW 870 SAVINGS BUILDING FORT COLLINS. COLORADO B0021 91Ilnn 'IOLLARS (?1.6 6.9�l %fl^£;tht'r wit?i anY interest or inccmp. Accrued thereon. T'-is r scrcv "1.^,rt:enent !'lade anL entered into in Pert �cllins, crilorade, the <tay an,' f,ar first above written. WYATT AND SOMMERMEYER ATTORNEYS AT LAW 870 BAVIN68 BUILDING FORT COLLINS, COLORADO 80521 ELIZA.OETH CENTER P-0, a partnership, v Partner CITY OF FORT COLLINS, COLORADO fly_------•--_�:_.____.._�_._._.__.:_ `� r ESCROW AGREEMENT THIS ESCROW AGREEMENT ):ade and entered into this ' day of Kay, 1976, by and between 1"LIZABETi CENTER CO., ,t nartnership, hereinafter callus Elizabeth Qvnter, zinc! 7HE CITY IF FORT COLLINS, hereinafter called "Cite; 'ITNESSETH: AHE RECIS, the ordinance of the City Pertaining to Planned Anit Oevel[}pmeats presently renuires the iostinq by thn owner anti/or developer of `lani`:cd "nit novelopment property of a bond Q an aporoved bending institute or cash equivalent to Inne hundred twenty+_fiva percent (1251) of the original landscape Plan Prior to the recnrlipc of the applicable Planned unit Wevelopnent; iMERFAS, the City is currently studying a revision of said bondino requirement with consideration being given to permittinr the owner or develouer to :post their personal rer,agnizancy bond guaranteeins the ultimate development o" the landscape plan; WHEREAS, Elizabeth Center has heretofore received approval of its planned Unit levelonment for Toth `.r,uare Planned Knit Development located on lest Flizabeth `treet. :adjacent to and includinq part of i; rmpus ._st rhogpini! Center, a recorded subdivision; and YKEREAs, Elizabeth Center Co. and the City now desire:, to enter into this vscrow Agreement for the purpose of escrowing cash funds until such time as the applicable ordinance is sne'ided to irnvide 'nrocedures guaranteeing svV1 landscapine; different, fror those now provided ";y nrdinance. WYATT AND SOMMERMEYER ATTORNEYS AT LAW OTO SAVINGS BUILDING FORT COLLINS, COLORADO R0521