HomeMy WebLinkAbout1420 NORTH COLLEGE AVENUE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-15SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this 0- to day of Mar ck) ,
A.D. 1981, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and YAHYA HARIRI AND
ROSE ANN HARIRI, OWNERS, 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:
Bristlecone Subdivision, a planned unit development,
also known as 1420 N. College PUD, located in the
Northwest 1/4 of Section 1, Township 7 North, Range 69
West of the Sixth Principal Meridian, City of Fort
Collins, County of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop said property as a commer-
cial 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
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 'U day of December, A.D.
1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corpo-
ration, hereinafter referred to as "the City," and YAHYA HARIRI and ROSE
ANNE HARIRI, owners, hereinafter referred to as "the Developer."
rrrrMTVC!cC.T1U
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:
1420 N. COLLEGE AVENUE, P.U.D., located in the Northwest Quarter of
Section 1, Township 7 North, Range 69 West of the Sixth P.M., City of
Fort Collins, County of Larimer, State of Colorado.
WHEREAS, the developer desires to develop said property and has sub-
mitted to the City a subdivision plat and/or a site plan and landscape
plan, a copy of which is on file in the Office of the City Engineer 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 City Engi-
neer 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/or site plan
and landscape plan 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 promises of the parties hereto
and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, it is agreed as follows:
1. General Conditions.
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the subject
property described above. For the purposes of this Agree-
ment, "development activities" shall include, but not be
limited, to the following: (1) The actual construction of
improvements, (2) Obtaining a building permit therefor, or
(3) Any change in grade, contour or appearance of said
property caused by or on behalf of the Developer with the
intent to construct improvements thereon.
B. 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 standards and specifications of the City
on file in the Office of the City Engineer at the time of
approval of the utility plans relating to the specific
utility, subject to a two (2) year time limitation f mm
the date of execution of this agreement. In the event that
the Developer commences or performs any construction pur-
suant hereto after two (2) years from the date of execu-
tion of this agreement, the Developer shall resubmit the
project utility plans to the City Engineer for reexami-
nation. The City may require the Developer to comply with
approved standards and specifications of the City on file
in the Office of the City Engineer at the time of resub-
mittal.
C. No building permit for the construction of any structure
within the development 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
structure have been completed and accepted by the City. No
building permits shall be issued for any structure located
in excess of six hundred sixty feet (660') from a single
point of access.
D. 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 City Engineer has deter-
mined that any water lines, sanitary sewer lines, storm
sewer facilities and/or streets are required to provide
service or access to other areas of the City, those facil-
ities shall be shown on the utility plans and shall be
installed by the Developer within the time as established
under "Special Conditions" in this document.
E. Except as otherwise herein specifically agreed, the Devel-
oper 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 public improvements required by this development as
shown on the plat, utility and landscape plans, and other_
approved documents pertaining to this development on file
with the City.
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 individual lot service lines leading in and from the
main to the property line.
G. The installation of all utilities shown on the utility
drawings shall be inspected by the Engineering Department
of the City and shall be subjected to such department's
approval. 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 instal-
lation. In case of conflict, the utility drawings shall
supersede the standard specifications.
H. All storm drainage facilities shall be so designed and
constructed by the Developer as to protect downstream and
adjacent properties against injury and to adequately serve
the property to be developed (and other lands as may be
required, if any). The Developer has met or exceeded min-
imum requirements for storm drainage facilities as have
been established by the City in its Drainage Master Plans
and Design Criteria. The Developer does hereby indemnify
and hold harmless the City from any and all claims that
might arise, directly or indirectly, as a result of the
discharge of injurious storm drainage or seepage waters
f ran the development in a manner or quantity different
f ran that which was historically discharged and caused by
the design or construction of the storm drainage facili-
ties, except for (1) such claims and damages as are caused
by the acts or omissions of the City in maintenance of
such facilities as have been accepted by the City for
maintenance; (2) errors, if any, in the general concept of
the City's master plans (but not to include any details of
such plans, which details shall be the responsibility of
the Developer); and (3) specific directives as may be
given to the Developer by the City. Approval of and
acceptance by the City of any storm drainage facility
design or construction shall in no manner be deemed to
constitute a waiver or relinquishment by the City of the
aforesaid indemnification. The Developer shall engage a
licensed professional engineer to design the storm drain-
age facilities as aforesaid and it is expressly affirmed
hereby that such engagement shall be intended for the
benefit of the City, and subsequent purchasers of property
in the development.
I. The Developer shall pay storm drainage basin fees in
accordance with Chapter 26, Article VII of the City Code.
Storm drainage improvements eligible for credit or City
repayment under provisions of Chapter 26 are described
together with the estimated cost of the improvements on
the attached Exhibit "B", which improvements shall include
right of way, design and construction costs. See Section
2.C, Special Conditions, Storm Drainage Lines and Appurte-
nances, for specific instructions.
J. The Developer shall provide the City Engineer with certi-
fied Record Utility Drawing Transparencies on Black Image
Diazo Reverse Mylars upon completion of any phase of the
construction.
2. Special Conditions.
A. Streets.
The Developer agrees to complete all local street improve-
ments adjacent to the subject property along North College
Avenue and the alley at the rear of the property, in
accordance with City standards at such future time that
the City requests that the improvements be installed. Said
improvements shall include but not be limited to fill,
pavement, curb, gutter and sidewalk. It is anticipated
that (without binding effect) said improvements shall be
constructed as a part of a larger street construction pro-
ject involving more than just the subject property and
adjacent street.
3. Miscellaneous
A. The Developer agrees to provide and install, at their
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 City Engineer 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
City Engineer.
B. The Developer shall, at all times, keep the public right-
of-way free from accumulation of waste material or rubbish
caused by the Developer's 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, machinery, and surplus
materials from the public right-of-way. The Developer
further agrees to maintain the finished street surfaces
free from dirt caused by the Developer's operation. Any
excessive accumulation of dirt and/or construction materi-
als shall be considered sufficient cause for the City to
withhold building permits and/or certificates of occupancy
until the problem is corrected to the satisfaction of the
City Engineer. 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 the
Developer's expense and the Developer 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 ceas-
ing 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
erodible earth material exposed at any one time shall not
exceed 200,000 square feet for earthworks operations. Tem-
porary 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 agree-
ment, complete all improvements and perform all other
obligations required herein, as such improvements or obli-
gations may be shown on the original plat and related
documents, or on any replat subsequently filed by the
Developer, and the City may withhold such building permits
and certificates of occupancy as it deems necessary to
ensure performance hereof.
F. Nothing herein contained shall be construed as a waiver of
any requirements of the City Code, and the Developer
agrees to comply with all requirements of the same.
G. In the event the City waives any breach of this Agreement,
no such waiver shall be held or construed to be a waiver
of any subsequent breach hereof.
H. Financial obligations of the City of Fort Collins payable
after the current fiscal year and/or not appropriated or
budgeted are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available.
I. This Agreement shall run with the real property herein
above described and shall be binding upon the parties
hereto, their personal representatives, heirs, successors,
grantees and assigns. Assignment of interest within the
meaning of this paragraph shall specifically include, but
not be limited to, a conveyance or assignment of any por-
tion of the Developer's real or proprietary interest in
the real property herein after described, as well as any
assignment of the Developer's rights to develop such prop-
erty under the terms and conditions of this Agreement.
J. In the event the Developer herein after transfers title to
such real property and is thereby divested of all equit-
able and legal interest in said property, the City hereby
agrees to release said Developer from liability under this
Agreement with respect to any breach of the terms and con-
ditions of this Agreement occurring after the date of any
such transfer of interest. In such event, the succeeding
property owner shall be bound by the terms of this agree-
ment.
K. Each and every term and condition of this Agreement shall
be deemed to be a material element thereof. In the event
either party shall fail or refuse to perform according to
the terms of this Agreement, such party may be declared in
default. In the event a party has been declared in
default hereof, such defaulting party shall be allowed a
period of five (5) days within which to cure said default.
In the event the default remains uncorrected, the party
declaring default may elect to: (a) terminate the Agree-
ment and seek damages; (b) treat the Agreement as conti-
nuing and require specific performance; or, (c) avail
itself of any other remedy at law or equity.
L. In the event of default of any of the provisions hereof by
either party which shall require the party not in default
to commence legal or equitable action against said
defaulting party, the defaulting party shall be liable to
the non -defaulting party for the non -defaulting party's
reasonable attorneys' fees and costs incurred by reason of
default. Nothing herein shall be construed to prevent or
interfere with the City's rights and remedies specified in
Paragraph 3 E of this Agreement.
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, 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,
-2-
ATTEST:
city cleA
APPROVED AS TO FORM:
ity En eer
City Attorney
THE CITY OF FORT COLLINS, COLORADO
A Muni ipal Corporat' n
By: C
City Manager
W .1CM
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.
See paragraph 2.A.
4. Storm drainage improvements to be installed out of sequence.
Not applicable..
EXHIBIT "B"
The Development Agreement for 1420 North College P.U.D.
NOT APPLICABLE
COST ESTIPIATE FOR MAJOR DRAINAGE I.NPROVE,';EPlTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM
DESCRIPTION!
I. Storm sewer, manholes, end sections, etc.
Sub —Total
2. Channel excavation, detention pond
excavation and riprap
( a)
(b)
(c)
Sub -Total
QUArITITY UNIT COST TnT1t rncT
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/L.f.
$
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RCPTN # 88012341 03/18/88 11:15:44 # OF PAGF^ - 1 FEE -
�K. $3.00
RODENBERGER, RECORC
- LARIMER COUNTY CO STAT� HOC FEE- $.00
NOTICE
Please take notice that on December 14, 1987, the Planning and Zoning Board
of the City of Fort Collins, Colorado, approved the Final P.U.D. Plan known
as 1420 North College Properties P.U.D., which development was submitted
and processed in accordance with Section 118-83 of the Code of the City of
Fort Collins. The Final P.U.D. Plan of the subject property together with
the development agreement dated December 14, 1987 between the City of Fort
Collins and the developer, out of which documents accrue certain rights and
obligations of the developer and/or subsequent owners of the subject prop-
erty, is on file in the office of the Clerk of the City of Fort Collins.
The subject property is more particularly described as follows:
A Tract of Land Located in the Northwest Quarter of Section
1, Township 7 North, Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, County of Larimer, State of
Colorado.
Secre'Eary of Planning and Zoning Boars
City of Fort,/Collins
Dated: J�
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. 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-
-3-
ings shall be inspected by the Engineering Division of the
City and shall be subject to such department's approval.
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.).
No on -site detention shall be required on the lands described
herein.
D. Streets (oversizing, traffic lights, signs, etc.).
The City agrees to repay the Developer for the construction of
College Avenue to arterial standards in lieu of local street
standards in accordance with Article 99-6(F) of the Code of
the City of Fort Collins. The Developer agrees to participate
Rv►Nfir
in an improvement district for of the alley if and when
a district is formed. The Developer agrees that no additional
-4-
curb cubs shall be allowed on College Avenue from this subdi-
vision.
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
ATTEST:
,t-�
Y
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 CITY OF FORT COLLINS, COLORADO
A ic'pal Cor oration
By:
Manager( '141/1 Cfly
10
Yah ariri, Owner
ose nn iri wne
-7-
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.
5.
DATE May 2c, 981
BRISTLECONE SUBDIVISION, P.U.D.
ADDENDUM NO. 1
THE SUBDIVISION AGREEMENT between the City of Fort Collins and
Yahya Hariri and Rose Ann Hariri dated March 27, 1981 is hereby
amended as follows:
1. EXHIBIT "A", Paragraph 3, is hereby deleted and restated to provide
the following:
The Developer shall not perform the improvements to College Avenue as
specified in the plans suhmitted until the North College Street Improvement
Plan presently being done by the City is complete. The utility drawings
now approved by the City shall be revised to match the North College Street
Improvement Plan. The improvements to North College Avenue shall be
ocampleted before May 30, 1984.
ATTEST:
City Clerk
ty Attorney
THE CITY OF FORT COLLINS, COLORADO
A pal Corporation
By:
City ger
Y a.,Hariri, Owner
i
Rose Ann H iri, Owner