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HomeMy WebLinkAboutPIER CONDOMINIUMS AT THE LANDINGS PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-21DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this ot3'=dday of June A.D. 1982, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and OSPREY INC., a Colorado Corporation, hereinafter referred to as "the Developer," 1JTTNFCCFTN WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to-wi t: Phase II of the Pier, being a repl at of a portion of The Pier at The Landings, P.U.D., situate in the Southeast 1/4 of Section 36, 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 and has submitted to the City a subdivision plat and/or a site 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 Engineer 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 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. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets, and other municipal facilities necessary to serve the lands within the subdivision. 2. Water Lines. a. The Developer agrees to install all water lines as shown on the utility plans in accordance with the requirements and as shown on said plans, whether such lines are actually on the property, bordering, the property, or on other lands connecting the subject property to the existing City water distribution 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 and applicable provisions of the City Code relating to the instal- lation of such lines. c. The Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the water line and the fire hydrant serving such structure is installed and accepted by the City. d. Any water lines described on Exhibit "A," attached hereto, shall be installed within the time required on Exhibit "A." If the City Engineer determines that any lines shown on the utility plans are required -2- to provide service to other areas of the city, those lines shall be in- stalled within the time determined by the City Engineer. P. All of said lines shall be installed at the sole expense of the Developer. f. The installation of said line shall be inspected by the Public Works Department of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such instal- lation in order to meet the requirements of the plans and the specifica- tions applicable to such installation. 3. Sanitary Sewer Collection Lines. a. The Developer 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 com- pliance 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 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. d. Any sanitary sewer line described on Exhibit "A," attached hereto, shall be installed within the time required on Exhibit "A.." If the City Engineer determines that any lines shown in the utility plans are required to provide service to other areas of the city, those lines shall he installed within the time determined by the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer. -3- f. The installation of said lines shall be inspected by the Public Works Department of the City and subject to such department's approval. The Developer agrees to correct any deficiencies in such instal- lation in order to meet the requirements of the plans and the specifica- tions applicable to such installation. 4. Electric Lines and Facilities. The City Light and Power Depart- ment 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 renuired for the develop- ment. 5. Storm Sewer Lines and Facilities. a. The Developer agrees to install all storm sewer lines and facilities as shown on the utility plans. 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 tFe City Engineer relating to the installation of such lines. c. The Developer agrees to complete the installation of detention facilities prior to renuesting building permits for more than k dwelling l� units and 26 certificates of occupancy. d. All of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. e. All of said facilities shall be installed at the sole expense of the Developer. f. The installation of all such lines and facilities shall be inspected by the Public Works Department of the City and shall be subject to such department's approval. The Developer agrees to correct any defi- ciencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 6. Streets. a. The Developer agrees to install all streets shown on the utility plans, complete with paving, curb, gutter, and sidwalks. 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 streets. c. No building permit for the construction of any structure in the subdivision shall be issued by the City until the street providing access to the structures is improved with at least the gravel base re- quired. Furthermore, no building permit shall be issued by the City for any structure located in excess of six hundred sixty (660) feet from a single point of access. d. Any streets described on Exhibit "A," attached hereto, shall be installed within the time required on Exhibit "A." If the City Engineer determines that any streets shown in the utility plans are required to provide access to other areas of the city, those streets shall be installed within the time determined by the City Engineer. e. All of said streets shall be installed at the sole expense of the Developer•. f. The Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the speci- fications applicable to such installation. g. Street improvements shall not be installed until all utility lines to be placed in the streets have been completely installed and all -5- services to individual lots have been installed from main utility lines to the property line. h. the Developer agrees to provide and install at his expense adequate barricades, warning signs, or other devices on the dead ends of streets to be continued, unfinished crossings, and other sites designated by the City Engineer as areas requiring such measures to insure the public safety. 7. Other Requirements. See Exhibit "A" 8. Miscellaneous. a. The Developer shall provide the City Engineer with certified record utility drawine transparencies upon satisfactory completion of utility construction for his use in making record prints for the City's files. b. This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, and assigns. c. Nothinq herein contained shall be construed as a waiver of any requirements in 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 1'v �i Apal Corpo anon EST: y City ManVager City Clerk APPROVED: gctor, 'df Pub I1�woi City Attorney -6- INC.,General Partner, er -7- 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 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 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 City Engineer 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 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 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 City Engineer determines 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 City Engineer 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 develop- ment. 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 protect the downstream properties and to adequately serve the property to be developed (and other lands as may be required, if any). The developer hereby agrees to indemnify and hold the City harmless from any and all claims that might arise, directly or indirectly, as a result of the discharge of storm drainage or seepage waters from the devel- opment in a manner or quantity different from that which was historically discharged. H. The Developer shall provide the City Engineer with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construc- tion. 2. Special Conditions. A. Water lines (oversizing, payback, etc.). Not Applicable. B. Sanitary sewer (oversizing, payback, etc.). The Developer agrees to repay the City (at time of issuance of building permit) the sum of $973.76 for each residential building and the Day Care Center and $1,947.52 for each commercial building as repayment for The Warren Lake Trunk Sewer. -4- C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). The storm drainage facilities must be completed and accepted by the City Engineer prior to the issuance of building permits or certificates of occupancy for more than one office complex and the Day Care Center. D. Streets (oversizing, traffic lights, signs, etc.). Not applicable. 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 City Engi- neer 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, machinery, and surplus materials from the public right-of-way. lie 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 -5- 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 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- cling permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. M ATTEST: CityCity C APPROVED: F. This Agreement shall be binding upon the parties hereto, their successors, grantees, heirs, personal representatives, and assigns and shall be deemed to run with the real property above described. G. 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. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation Meru+y City Manager -7- THE PIER, PHASE II June 93, 1982 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 Appliicable. 3. Schedule of street improvements to be installed out of sequence. Not Applicable. 4. Storm drainage improvements to be installed out of sequence. See Paragraph 2 C, Page 4. SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this /&tA day of eoc&r- , A.D. 1979, by and between THE CITY OF FORT COLLINS, COLOkADO, a Municipal corporation, hereinafter referred to as "the City," and OSPREY HOMES, INC., General Partner, 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 PIER CONDOMINIUMS AT 1HE LANDINGS P.U.D., located in the Southeast one -quarter of Section 36, Tov:nship 7 North, Range 69 West of the 6th Principal Xeridian, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Develcper 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 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 Engineer and rnade a part hereof by reference; and WHEREAS„ the parties hereto have agreed that the development of said lands will require increased ciunicipal 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