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HomeMy WebLinkAboutHAR SHALOM MINOR SUB - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 15k'day of _Sun A.D. 1981, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and CONGREGATION HAR SHALOM, 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: Con re ation Har Shalom Subdivision, located in the Northwest of Section 26, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a com- mercial 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 Subheading 2.D. of this Agreement. Except as herein modified, the Development Agreement shall continue in full force and effect. This Agreement and the Development Agreement constitute the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ATTEST: CITY CLERK APPROVED AS TO CONTENT: Di ector of :gineeri g. APPROVED)AS TO FORM: City.Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: e/rl' y Mana er DEVELOPER: CONGREGATION HAR SHALOM, a Colorado non-profit religious corporation By Neil Sherrod, President ATTEST: By: Gdry/SpjXrak, Secretary (corporate seal) 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, shall be installed within the time and/or sequence required on -2- 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- ings shall be inspected by the Engineering Division of the 1911 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.). Not applicable. D. Streets (oversizing, traffic lights, signs, etc.). See Exhibit "A". E. Other requirements. None. 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 -4- 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 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 -5- 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 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. G. No waiver of any breach of this Agreement shall be held or ATTEST: City Clerk AP rney construed to be a waiver of any subsequent breach hereof. THF---CG,ITY OF FORT COLLINS, COLORADO A M ci l Corporation By:` <-!"z anager am AFEST: Eleanor Ep �y, ecre ry r CONGREGATION HAR SHALOM Develo er By Michael- aronson, President -7- [VUTQTT IIAIA 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. Construction of improvements, including curb, gutter, and sidewalk to Drake Road shall be delayed so as to conform to the construction schedule of the balance of the road as designed by the City Engineering staff. Any damage to the Developer's driveway or other permanent structures on his property due to this construction shall be at the City's expense. The City shall endeavor to have this construction scheduled for completion on or before November 1, 1984 or, failing to do so, the Developer shall have the right to construct the street to its design as shown on the approved site plan. 4. Storm drainage improvements to be installed out of sequence. Not applicable. CONGREGATION HAR SHALOM SUBDIVISION AMENDMENT AGREEMENT NO-1 THI AMENDMENT AGREEMENT, made and entered into this day of !�. ��; �, of 199 > , by and between the CITY OF FORT COLLINS, COLORA 0, a municipal corporation, hereinafter referred to as the "City" and C014GREGATION HAR SHALOM, a Colorado non-profit religious corporation, hereinafter referred to as the "Developer," is an amendment to that certain Subdivision Agreement dated the 15th of June, A.D. 1.981, by and between the City and the Developer, hereinafter referred to as the "Development Agreement." WHEREAS, the parties hereto previously executed the Development Agreement; and, WHEREAS, the parties are presently desirous of modifying the Development Agreement; 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, the parties agree as follows: Subheading 2. Special Conditions; section D. Streets shall be modified to delete the sentence " See Exhibit "A"." and add the following paragraph: The Developer and the City agree that the Developer shall complete the design and construction of the curb and gutter with related pavement improvements along the development frontage of Drake Road prior to the issuance of the next building permit for this development. Notwithstanding the foregoing, the Developer shall have the option to postpone the construction of said improvements and obtain issuance of a building permit following the escrow of funds to be deposited with the City in the form of cash, bond, nonexpiring letter of credit or other form of City approved security sufficient to guarantee completion of the Developer's share of said improvements. The escrow amount shall be 150% of the estimated cost to complete said improvements (see estimated cost on attached Exhibit "C"). However, said improvements shall be designed, constructed and accepted by the City prior to the issuance of a certificate of occupancy. Exhibit "A"; subheading 3. Schedule of street improvements to be installed out of sequence;. paragraph shall be deleted and replaced with the following paragraph: Completion of the Drake Road curb, gutter and pavement improvements along the frontage of this development shall be completed in accordance with the provisions in