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HomeMy WebLinkAboutBRIDGES PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31SUBDIVISION AGREEMENT T� THIS AGREEMENT, made and entered into this /S day of A.D. 1980, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and S/J SHARF COMPAN- IES, 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: The Bridges, P.U.D., 1st Filing, located in the N.W. 1/4 of Section 22, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a resi- dential 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 improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and The Bridges, P.U.D. First Filing Amendment Agreement No.1 THIS AGREEMENT, made and entered into this 30 day of , 198_q, by and between the CITY OF FORT COLLINS, COLORADO, a mun cipal corporation ("City"), and UNITED BANK OF FORT COLLINS, N.A., a Colorado corporation ("Developer"), is an amendment to that certain Subdivision Agreement dated the 15th day of December, 1980, by and between the City and S/J Sharf Companies. By this Agreement, the aforesaid Subdivision Agreement is hereby amended in the following particulars: The following replaces paragraph 2.C.: 2.C. All storm Drainage Facilities shall be completed prior to the release of 26 building permits. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first written. ATTEST: City Clerk APPROV D: ity Atto n y <<. - 5e A City Engineer CITY OF FORT COLLINS a municipal corporation By -- City Manager UNITED BANK OF FORT COLLINS, N.A., a Colorado corporation Trello Prince, Vice President (Corporate Seal) Subdivision Agreement Amendment Agreement No. 2 The Bridges, P.U.D., First Filing THIS AGREEMENT, is made and entered into this l day of. l ,,,.,, 1985, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City"), and the UNITED BANK OF FORT COLLINS, N.A., a Colorado corporation ("Developer"). WHEREAS, the City previously executed a Subdivision Agreement with S/J Sharf_ Companies on or about December 15, 1980; and WHEREAS, the United Bank of Fort Coll -ins, N.A., is an assignee in interest of S/J Sharf Companies; and WHEREAS, the City and the United Bank of Fort Collins, N.A., previously entered into an Amendment Agreement No. 1 on or about Auqust 30, 1984, which agreement replaced the original Paragraph 2.0 of the above mentioned Subdivision Agreement; and WHEREAS, the parties hereto are desirous of further modifying the above mentioned original Subdivision Agreement and of replacing and superseding the above mentioned Amendment Agreement No. 1 in its entirety. NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The following language shall be substituted for Paragraph 2.0 of the above mentioned Subdivision Agreement: 2.0 ( i ) . If the Developer meets all other requirements of Section 99-B of the Code of the City of Fort Collins, the City Engineers' office shall issue an Engineering release for a footinq and foundations (only) permit for all buildinqs north of New Mercer Canal prior to the completion of any storm drainage facilities. ( i i ) . Prior to the issuance of any full building permit for the above mentioned buildinqs the Developer shall construct to the City's satisfaction, temporary drainage improvements. Said improvements shall include but not be limited to the crossing for storm water of the Larimer County Canal #2 and a berm to keep all flows on site. ( i i i ) . Prior to the issuance of any additional Certificates of Occupancy beyond the twenty-six previously issued as of this date, all_ final permanent storm drainage improvements shall be installed by the Developer and approved by the City. 2. The following language shall be substituted for Paragraph 2.1) of the abovementioned Subdivision Agreement: 2.D ( i ) .. Prior to the issuance of any full building permits in addition to the twenty-six permits previously issued, the Developer agrees to submit to the City for approval a traffic impact study for this development. ( i i ) . Prior to the issuance of building permits for the three buildings shown in red on Exhibit 1, attached hereto and incorporated herein by referenc-, the City shall advise the Developer, within six weeks of its receipt of the abovementioned impact study of the improvements that will be required of the Developer for Prospect Road. Upon such notification from the City to the Developer and prior to the issuance of any additional Certificates of Occupancy beyond the twenty-six previously issued as of this date, all improvements required by the City under the provisions of this paragraph shall be completed by the Developer. Notwithstanding the Foregoing, the City hereby agrees that the Developer's cost of improvements required under the provisions of this paragraph shall not exceed the cost that would have been incurred by the Developer_ under the original_ Paragraphs 2(1), (2) and (3) of this Agreement as executed on December_ 15, 1980, and the previously approved utility plans for the development. Except as modified herein, the Subdivision Agreement dated December 15, 1980, shall continue in full force and effect. Amendment Agreement No. 1, dated August 30, 1984, is superseded by this Agreement and shall hereafter be null and void and of no effect whatsoever. TN WITNESS WHEREOF, the parties hereto have set their hands the day and year first hereinabove written. CITY OF FORT COLLINS a municipal corporation City Manager ATTEST: City C I erc APPROVED AS 'O FORM: A s sl;Vs t a/6 t ty—Att6eney UNITED BANK OF FORT COLLINS, N.A., a Colorado corporation By: Title: 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, shall be installed within the time and/or sequence required on Exhibit "A". If the Director of Engineering Services deter- -2- 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- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. 500 proval. 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- D. �� 3'2� pwe ��� W, 3 �10 P�,se_ �4k 4d,v �j fE ,of VIA struction, off -site mains, etc.). No more than 39 building permits nor 20 certificates of occupancy shall be issued until all storm drainage improvements have been completed and approved by the Director of Engineering Services. Streets (oversizing, traffic lights, signs, etc.). Whereas the Developer desires to preserve certain trees lying within the Prospect Road dedicated right-of-way and, whereas the City is in agreement with this policy, the Developer agrees to remove and replace the existing curb, gutter, and sidewalk along the north side of Prospect Road in accordance with sheets 7 and 8 of 10 of the approved utility drawings for this subdivision. -4- The City shall repay the Developer for constructing Prospect Road to arterial standards (as shown on sheets 7 & 8) to the following limitations: 1. Asphalt concrete: that portion which exceeds 3 inches in depth and 32 feet in width. 2. Base: that portion which exceeds 6 inches in depth and 32 feet in width. 3. Sidewalk: (a) north side: that portion of walk which is constructed to vie (5) feet -in width in excess of four (4) feet in width; (b) south side: that portion of walk which is constructed to seven (7) feet in width in excess of four (4) feet in width. E. Other requirements. The Developer agrees to hold construction of any buildings south of the New Mercer Ditch Company in abeyance until the problems of 1) access for maintaining the ditches; 2) construction of bridges, lining and other ditch improvements; and 3) reconstruction of ditch banks to assure the satisfactory functioning of ditches during conditions of a flood of 100 year recurrence have been addressed to the satisfaction of the City either by written agreement with the New Mercer and Larimer No. 2 Ditch Companies or other accept- able means. 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 -5- 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 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 -6- 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: ru, , City Clerk IT�f` , 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. T ITY OF FORT COLLINS, COLORADO A' Muf4ciMil Corpbration anager -7- C/.l SHARF rnmpANTFC sy In It CVUTQTT nAll 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 special conditions. 4. Storm drainage improvements to be installed out of sequence. See special conditions.