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HomeMy WebLinkAboutUNIVERSITY SHOPPING CENTER - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-08SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 23rd day of November, A.D. 1981, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and JOHN W. STODDARD AND MARILYN J. STODDARD, 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: UNIVERSITY MALL, PUD (Phase I), located within Tract "D" of the UNIVERSITY SHOPPING CENTER SUBDIVISION, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a commer- cial subdivision and a subdivision plat has been previously submitted to the City (and a site plan if said property is to be developed as a Planned Unit Development), 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 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 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 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, side- walks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the Council approved standard specifications of the City on file in the Office of the Director of Engineering Services at the time of approval of the utility plans relating to the specific utility, subject to any time limitations as provided by Ordinance. 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. -2- 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- 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. 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. E. 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. F. 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- 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. G. All storm sewer facilities shall be so designed and con- structed as to adequately serve the property to be developed (and other lands as may be required, if any). 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.). The Developer agrees to hold the City harmless from any damage that might occur due to repair, maintenance, or extension of sewer mains within the property. The City agrees to attempt to collect a repayment for any parties tieing into the sewer main to be installed along College Avenue. Repayment shall be according to the City's Sewer Department's Standard Policies. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). All storm drainage facilities shall be completed before the issuance of any certificate of occupancy within the P.U.D. -4- D. Streets (oversizing, traffic lights, signs, etc.). The City shall repay the Developer for construction on College Avenue to arterial standards in lieu of local street standards in accordance with the Code of the City of Fort Collins, Article 99-6 (f). Oversizing payment for the 7' walk alonq the parking lot will be paid as if the walk were a 5' walk due to auto overhang. The Developer agrees to pay all cost for any stripe removal and restriping of College Avenue. The Developer agrees to pay the City for street oversizing in the following amounts: $1890.00 for Restaurant A $1890.00 for Restaurant B These payments shall be due upon request for the building permit for each building. The prices as stated are based on the $3,500.00 per acre and are subject to change as the fees are adjusted. 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 Engi- neering 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, shall remove such rubbish no less than weekly and, at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equipment, -5- machinery, and surplus materials from the public right-of-way. He further agrees to maintain the finished street surfaces free from dirt caused by his operation. Any excessive ac- cumulation 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 Engineering Services. If the Developer fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the streets cleaned at his expense and he shall be responsible for prompt payment of all such costs. 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. The Developer shall, pursuant to the terms of this agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat, or on any replat subsequently filed by the Developer, and the City may withhold such buil- ding permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. F. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. G. 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. ATTEST: amity Clerk �AAPPPROVED: Dir for o public orks City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: City' M Hager JOHN W. STODDARD & MARILYN J. STODDARD MAE A. TILEY John W. Stoddard Marilyn J. Stoddard -7- STATE OF COLORADO) ) ss. COUNTY OF LARIMER) Subscribed and sworn to before me this ��' day ofieti , 1981, by John W. Stoddard and Marilyn J. Stoddard Witness my hand and official seal. My Commission expires: sty ""' "� '"" Notary'Publ is `. fr Address: - j SUBDIVISION: UNIVERSITY MALL P.U.D. DATE: %%r/ ?3If /58/ 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. All street improvements including re -striping of College Avenue shall be complete before issuance of any certificates of occupancy. 4. Storm drainage improvements to be installed out of sequence. Not Applicable.