HomeMy WebLinkAboutEASTGATE REPLAT TRACT A - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31SUBDIVISION AGRMMII'NT
TiiIS AGRM—K-N'I' is rude and entered into this
3 1 `' day of
A.D. 1971j, by and between THE CITY OF FORT COLLINS,
COUJRTDM, a municipal corporation, hereinafter sometimes designated as the
"City", and Danny J. Bailey and George W. Betz
hereinafter designated as the "Developer",
WITNESSETH:
WIEREAS, Developer is the owner of certain property situate in the County
of Larimer and State of Colorado and legally described as follows:
REPLAT OF TRACT "A" EASTGATE, FIRST FILING, situate in the Southeast
4 of Section 18, Township 7 North, Range 68 West, of the Sixth P.M.,
City of Fort Collins.
wmp,FAS, Developer desires to develop said property as a residential & commerci�
stL�Zlivision and has suh-nitted to the City a subdivision plat (and a site plan
of said property is to be developer) as a Planned Unit Development), a copy of
which is on file in the Office of the City Fngineer and by this reference mado
a part hereof; and
«iER :AS, Developer has further suinitted to the City a utility plan for
said lands, a copy of which is on file in the Office of the City Engineer and
by this reference made a Part hereof; and
W[U-' FAS, 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 zmal will further requ-ire the installation of certain improvert nts primarily
of is n:>f_ii. to tide lands to be develop��cl and not to th^ City of Fort Collins as
and
j7EIE,E ;r S, t:h^ City has approved the suix-livision plat (and site plan �,fhere
��;�,�lic�,l�le} <;ulxai.ttctl by the 1�wc�lo�}2r su!>jcct to certain reduirements and
Development Construction Permit, Page 3/5
planned construction on this project. All required perimeter silt fencing and other erosion/sediment
control best management practices (BMP's) that can be installed prior to construction must be in
place and inspected by the City Erosion Control Inspector before any land disturbing activity begins.
11. No work (including grading) shall be started in State Highway right-of-way until a permit is
issued by the Colorado Department of Transportation to allow such work to begin.
12. Other conditions:
Permittee's acknowledgment signature:
By signing this permit i acknowledges that I am acting with the knowledge, consent, and authority of
the owners of the property (including all owners having legal or equitable interest in the real property, as
defined in Section 1-2 of the City Code; and including common areas legally connected to or associated
with the property which is the subject of this application) without whose consent and authority the
requested action could not lawfully be accomplished. Pursuant to said authority, I hereby permit City
officials to enter upon the property for purposes of inspection and, if necessary, to enter upon such
property to perform work required of the applicant if the applicant were to fail to perform the required
work. 1 also acicnolvledge that 1 have read this permit document with all its requirements and
conditions, and I agree to all of the terms and conditions so stated in this permit.
Applicant/Project Manager' s Signature:
Approval for issuance:
Date:
City Engineer Approval—z j� Date: -3/7— / �10
(Permit Issuance Date)
Development Construction Permit, Page 415
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Name, address and numbers
Project Name: 1525 and 1531 Riverside
Project A.K.A.: Eastgate Lots 4 and 5
City Staff Contact Persons:
Development Engineer: Katie Moore, 281 N. College Ave., Fort Collins, CO
80522 (970)221-6605
Construction Inspector: 1281 N. College Ave., 221-6605
Current Planner: n/a, 281 N. College Ave., 221-6750
Water Utilities Engineer: Roger Buffington
700 Wood Street, Ft Collins, CO 80521
970 221-6854
Stormwater Utilities Engineer: Glen Schlueter
700 Wood Street, Ft Collins, CO 80521
970 224-6065
Erosion Control Inspector: Bob Zackley
700 Wood Street, Ft Collins, CO 80521
970 224-6063
Natural Resources: Doug Moore 281 N. College Ave, 221-6750
Traffic Operations: Eric Bracke
970 224-6062
Street closures: Syl Mireles
625 Ninth Street, Ft Collins, CO 80524
970 224-6815
Transportation Planning: Kathleen Bracke
215 N. Mason St, Ft Collins, CO
970 224-6104
Forestry: Tim Buchanan
Development Construction Permit, Page 5/5
215 N. Mason St, Ft Collins, CO
970 221-6641
Light and Power: Doug Martine
700 Wood Street, Ft Collins, CO 80521
970 224-6152
Developer' Contact Persons:
Project Manager/Owner/Developer: Daniel Bernth
Doberstein Lemburg Commercial, Inc.
1537 Riverside Avenue, Fort Collins
970 221 1965
fax 970 221-1966
cell 970 310 9811
danbernth@frii.com
Architect/Planner: Brad Reichert
The Architects Studio
151 W. Mountain Ave
Fort Collins, CO
970 482 8125
fax 970 482 8450
br(a4he-architects-studio.com
Project Engineer: Tricia Kroetch
Northstar Design, Inc.
700 Automation Drive Unit 1
Windsor, CO
970 686 6939
fax 970 686 1188
cell 970 481 9873
tricia(d,northstardesign.com
pe # 31306
General Contractor: Leon McCauley
RC Heath Construction
141 Racquette Drive
Fort Collins, CO
970 221 4195
fax 2212907
cell 566-2282
leon@heathconstruction.com
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TO:
FROM
DATE:
RE:
MEMORANDUM
Doberstein Lemburg Commercial, Inc.
Katie Moore, Development Review Civil Engineer/ Nancy Reed
03/24!2005
Initiate Security Deposit
This memo is to acknowledge the receipt of security deposit in the amount of $6598.30
for the following:
1525 Riverside and 1531 Riverside Avenue, Eastgate Lots 4 and
5,security deposit to guarantee the completion of all public improvements to be
constructed as shown on the approved plans for the development.
When improvements to the Right -of -Way are completed, please call our
inspection recorder at 221-6609 to request an inspection (please allow 24 hours
for the inspection to take place). Once the improvements have passed inspection,
the funds of the security deposit will be released to you.
Security Deposit has been received from:
1525-1531 Riverside Mgmt. Escrow, Doberstein Lemburg Commercial, Inc.
338C East Pitkin Street
Fort Collins, CO 80524
221-1966
cc: Initiate Escrow file
Subdivision File
Accounts Payable Clerk
Permit #D05-05
Initiated by: Katie Moore
conditions which invol the installation of and cons t tion of utilities and
other municipal improvements in connection with said lands.
Naq, THEREFORE, in consideration of the premises and the terms and conditions
herein stated and for other valuable consideration, the adequacy of which is
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. 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 installation of such
lines.
c. Developer understands and agrees that no building permit for any
structure in the subdivision shall be issued by the City until the water line
znd 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 tore required on Exhibit A. If the City Engineer determines
that any .linos shavin on the utility plans are required to provide service to
ottrer areas of the City, those lines shall be installed within the time, deter -mined
by the City Engineer.
-2-
DEVELOPMENT CONSTRUCTION PERMIT
APPLICATION
(2/ 16/99)
For City use only: Application Number: f'(t) )- Application
Permit application fee: S 150.00
INSTRUCTIONS:
I_ Complete this form (some questions may not apply to you) and attach all necessary documents and
submit to the Development Engineering Section of the City. /
2. 1 f you have any questions contact the Development Engineer, ¢ r, ' ; � y ,gat 221-6605.
3. Submit the Application and pay the Application Fee at the fee at the Engineering counter at2R I N.
College Avenue.
PROJECT INFORMATION:
Project Name (as approved by the City):
�61 m� 2 /_A9�Lzli_BGjRG OFFICE 13��[ in��
Project A.K.A. (Marketing name if different from Project Name):
Project Location:
5zb %vl vu E
Property Owner(At the time f this permit iss ice):
Individual Name: _Ff/Y /'le—L
Company Name : - ZAZ 4 Z:0 — / �1N C
Address: /537 %V�NGCE
Phone number(s):
Office: �zl— ll�CS
Cellphone: / [�
Pax number:
Ismail: _1�i)IJ1if�/VT L--ll
Applicant/Project Manager (The primary contact person for all matters regarding this project, and the
person responsible for all in tters referencing "the Developer" in the Development Agreement for this
project): /1 K7 �r J n/—%/
Individual Name:
Company Name
Address: i537 I !VV)Q 5/AF_ AVM
Phone numhcr(s):
orree:
Cellphone: 51
Fax number: Z 1— (�
Email: _MN,BM9 !-1, %K/l M
Permittee (Person who is to sign the Development Construction Permit):
Individual Name: .�fINIZZ- t� _1E112 �
Company Name
Address:
phone number(s):
Off -lee:
Cellphone: _
Fax number:
Finail:
M
Project Engineer (A Colorado licensed professional engineer who is the civil engineer, the person,
responsible for the design of this project, responsible for certification that improvements are constructed
in accordance with approved plans, responsible for making revisions to plans with City approval and for
providing as-constructe(I plans):
Individual Name: l li�lc_14 16�Y_, 7 1
Company Name
Address: i'G
Phone nunrber(s): ��� ��
Office:
Cellphone:
Fax number: G' *7�
Email: MTNSTA 2 L' professional I icenseNunber
Architect/Planner (The person re onsible for the site design of this project)
Individual Namc: /Ic7EICHLALI
Company Name: -7Ac- QKCH17CC7,� STLCI�/L`
Address: _/N iV , IkANTYIN 1 k�,
Phone number(s):
Off ice:
Cellphone:
Fax nun
[:mail: T�E-A/ZCNITEC_-TCOM
Developer (The party or parties referenced in the Development Agreement who arc responsible for the
Developer's obligations con td in the event —a d ditional names below):
Individual Name: �.
Company Name
Address:
Phone number(s):
Off ice:
Cellphone:
Fax number:
13mail:
General Contractor (The contractor in ov call charge of the public infrastructure construction):
Individual Name: .1—'CO l L'r:'/
Company Name : /�' L, flz AT
Address: /V/ /7 Q i7TZ� /�'/
Phone number(s):
Office: / zl —q / Ip
_5
Cellphone: _ 6 6 —Z 2 ?2—
Fax number:
Email:�t/C�{ /).T�SSIN�L!vuCT/ON CG I
If you have no Cencral Contractor, list all other contractors below.
Grading contractor:
Individual Name:
Company Name
Address:
Phone number(s):
Office:
Cellphone: _
Fax number:
Finail:
Utility contractor:
Individual Name: _
Company Name : —
Address:
Phone number(s):
Office:
Cellphone:
Fax number:
Email:
Concrete contractor for flat work:
Individual Name:
Company Name
Address: _
Phone number(s):
Office:
Cellphone:
Fax number:
Email:
Concrete contractor for structures:
Individual Name:
Company Name:
Address:
Phone number(s):
office:
Cellphone:
Fax number:
Email:
Paving contractor:
Individual Name:
Company Name
Address:
Phone number(s):
Office:
Cellphone:
Fax number:
Email:
Landscape contractor:
Individual Name:
Company Name
Address: _
Phone number(s):
Office:
Cellphone:
Fax number:
Ismail:
Other contractors and parties involved in the project:
SUBMIT THE FOLLOWING ITEMS (Required for all projects):
• 81 /2"x I I" copy of the Site Plan
• Proposed Project Schedule
• Project quantities and cost estimate for all of the public improvements to be constructed. In
addition. include all private improvements that are required to be inspected by the City
Construction Inspectors. This information must be submitted in the format shown on the
attached lorm titled "Project Quantities and Cost Estimate Shect."
ADDITIONAL SUBMITTALS (Required if checked):
raffic control plants) for the project
Proposed haul routes shown on a City map
, Shop drawings
,,�Other
CONSTRUCTION COORDINATION MEETING: A construction coordination meeting to discuss
plans and special requirements for your project, is required for all development projects. The people
required to attend the meeting are the Project Manager, Project Engineer, Developer, Architect/Land
Planner and General Contractor (if no General Contractor, representatives for each of the contractors
expected to work on this project)
People to Attend: list the peoples names and titles for those who will attend the pre -
construction meeting:
ESTIMATED COST OF INFRASTRUCTURE IMPROVEMENTS: Provide the estimated value of
all public infrastructure improvements that will be constructed and accepted by the City to own and
maintain. In addition provide the value of all private infrastructure improvements that the City will
inspect and require certification for. The estimate shall be in the same format as the attached sheet titled
"Project Quantities and Cost Estimate Sheet."
Public infrastructure, estimated cost: $
Private infrastructure, estimated cost: $
I certify that the information on this permit application along with the required additional submittals are
true and correct to the, best of my knowledge, and that in filing this application I atn acting with the
knowledge, consent, and authority of the owners of the property (including al I owners having legal or
equitable interest in the real property, as defined in Section 1-2 of the City Code: and including common
areas legally connected to or associated with the property which is the subject of this application) without
whose consent and authority the requested action could not lawfully be accomplished. Pursuant to said
authority, I hereby permit City officials to enter upon the property for purposes of inspection and, if
nece.ss:uy. to enter upon such property to perform work required of the applicant if the applicant were to
frail to perform the requi I work.
Applicant Signature:/ � x , a' 11 Date: i( '///—t -, )
10 'd LOHtHOL6 'ON Xdd N0110HISNOO H1d3H Wd n:10 NOW SOH-H-Eh
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e. Al._i_ of said lines shall be installed at tht. sole expense of the
Developer.
f. The installation of said line shall be inspected by the Engineering
Services Department of the City and shall be subject to such department's ap-
proval. Developer agrees to correct any deficiencies in such installation in
order to meet the requirements of the plans and the specifications applicable
to such installation.
3. Sanitary Sewer Collection Lines.
a. The Developer agrees to install all sanitary sewer collection
lines shorn on the utility plans, whether the same be on or off the subject
property.
b_ Such sanitary sewer lines 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 lines.
c. Developer understands and agrees that no building per.7nit shall be
issued by the City for any structure in the subdivision until the sanitary se,�;er
line serving such structure is installed and accepted by the City.
d. Any sanitary sewer 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 shorn in the utility plans are rexquir_ed to provide
service to other areas of the City, those _lines shall. be installed within the
tiirr-, determined'. by the City Engineer.
e. All of said lines shall be installedl at the sole erase of the
f. The installation of said lines shall be inspected by the Engineering
Services Department of the City and subject to such department's approval.
Developer agrees to correct any deficiencies in such installation in order to
meet the requirements of the plans and the specifications applicable to such
installation.
4. Electric Lines and Facilities. The City Light and Power Deparment
shall install all electric distribution lines and facilities required for the
subject property and the Developer shall pay for such uxork in accordance with
the established charges of the Light and Power Department. Such installation
shall include all street lights required for the development.
5. Storm Sever Lines and Facilities.
a. The Developer shall install all storm sewer lines and facilities
shoran on the utility plans.
b. Such storm sewer lines and facilities shall be installed in full
com,�liance with the standard specifications of the City on file in the office
of the City Engineer relating to the installation of such lines.
c. Developer agrees to complete the installation of detention facili-
ties prior to the issuence of more than 8 building permits and 4
certificates of occupancy by the City for any structures within this
subdivision.
d. All of said lines and facilities shall. be constructed in an orderly
fashion, as detezr-.ined by the City Engineer, so as to prevent damzge to other
utilities, streets, curb, crafter, sidewalks, and all adjacent properties.
e. All of said facilities shall be installed at the sole expense of
D�w��loL r
f. 'liie ins[-al_lation of all of such lines and facilities shall be in-
;c tocl by the Engineering Services Department of the City and shall be subject
an
to such department's approval. Developer agrees to correct any deficiencies
in such installation in order to meet the requirements of the plans and the
specifications applicable to such installation.
b. Streets.
a. The Developer agrees to install all streets shown on the utility
plans, complete with paving, curb, gutter and sidewalks, except the Developer
shall be responsible for the installation of the north one-half of East Pitkin
between Montgomery and LaPlate Avenue.
b. Such streets shall be installed in full ':ampliance 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 required. Furthermore,
no building permit shall be issued by the City for any structure located in
excess of 660 feet from a single point of access.
d. Any streets described on Exhibit A, attached hereto, shall be
completely installed with the time required on Exhibit A. If the City
Engineer determines that any streets shown on the utility plans are required
to provide access to other areas of the City, those streets shall be installed
within the time required by the City Engineer.
e. All of said streets shall be installed at the sole expense of
the Developer.
f. Developer agrees to correct any deficiencies in such installation
in order to meet the requirements of the plans and the specifications applicable
to such installation.
g. Street improvements shall not be installed until all utility lines
to he placed in the streets have been completely installed and all services to
individual lots nave b,- installed from main utility 1 �s to the property
line.
h.
The Developer
agrees to provide and install
at his
expense
adequate
barricades,
wing 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 R-_�iiren-ents .
8. Miscellaneous.
a. This agreement shall be binding upon the parties hereto, their
heirs, personal representatives and assigns.
b. Nothing 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 sane.
11ITEST :
Cil_y Clerk 4
APPi:01,TD :
I' o cgin_ .ring
/Lv fir%
Ci t.y Al - ornL'}�i -- - --
THE CZ OF FORT COLLINS, COLORADO
By
City Manager
-6-
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 iTrprovernts to be installed out of sequence.
Not Applicable
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 05-05 Issuance Date: 3.24.
Project Name: __ 1525 Riverside and 1531 Riverside Avenue
Project A.K.A.: _ Eastgate Lots 4 and 5
Project Location:
Permittee: Daniel Bernth Doberstein Lemburz
Citp and developer contacts: See attached Exhibit "A" for names and phone numbers of all
contact persons for this project.
Fees: Permit Application Fee (paid at the time ol'application) $ 150.00
Construction Inspection Fee (paid prior to issuance of this permit) $ 850.00
Total $ 70of.00
Development Bond or other approved security:
Amount of security deposited with the City to guarantee the completion of all public
improvements to be constructed as shown on the approved plans for the development.
$ 6598.30
Form of security deposited with the City: check 1040. Dan Bernth
PERFORMANCE REQUIREMENTS OF THIS PERMIT:
1 . The Permittee shall be responsible to require their Project Engineer to incorporate into all design
drawings and specifications the certification of all materials testing by an Engineer. The Pcrmittee
shall have an Engineer prepare revised design drawings and secure City approval for all revisions to
the Utility Plans and related documents. The Permittee shall have an Engineer represent, as required
by the City in the Development Agreement, that the improvements are constructed in conformance
with the approved Utility Plans and the standards and specifications of the City. The Pcrmittee shall
provide "as -constructed" plans prepared by an Engineer prior to the City's acceptance of the
constructed public improvements. (All references above to the terms "Project Engineer" and
"Frigineer" shall mean a Professional Engineer licensed in Colorado.)
2. All contractors who perform work on this project must be bonded and licensed in conformance
with City requirements.
Development Construction Permit, Page 2/5
3. Construction time restrictions:
4. The applicant understands that additional permits maybe required for this development project
and the applicant shall secure those permits directly from the issuing departments.
5. This permit, along with a complete set of all approved plans and documents for this project
(utility plans, site plan, landscape plan, development agreement, soils report, pavementdesign, traffic
study, drainage report, plat easements and any other official documents), shall be kept on the
development site available for use by City staff doing inspections.
6. Permit Expiration (in accordance with Section 29-12 of the Transitional Land Use Regulations or
Section 2.6.3(K) of the band Use Code, whichever is applicable):
a. If constriction has not begun within sixty (60) days from the date of issuance of this
permit, this permit shall expire and the applicant will forfeit the permit fee paid for this
permit, whereupon the applicant must re -apply for a new permit.
b. In addition, this permit shall expire one year from the date of issuance. The applicant
may apply for an extension by reapplication at least two weeks prior to the expiration date.
Such application shall contain information sufficient to justify the granting of the extension.
An extension may be granted for up to six months.
7. Building permits and certificates of occupancy will only be issued when all conditions contained
in the Devclopment agreement and Sections 3.3.2(C) and (D) of the Land Use Code or Sections 29-
678 and 29-679 of the Transitional Land Use Regulations, whichever is applicable, arc met. If the
Devclopment Agreement does not specify times for completion of public improvements, or if there is
no Development Agreement, then the improvement requirements specified in Section 24-95 of the
City Code shall apply, which provides that construction of all improvements shall be required prior
to the time of issuance of the first building permit.
8. Acceptance by the City of the public improvements shall be after (1) Final inspection has been
conducted by the City; (2) punch list items from the final inspection are completed and accepted by
the City; and (3) required certifications from the licensed professional engineer that improvements
arc completed to City standards, specifications and approved Utility Plans; and the "as -constructed"
plans have been received and accepted by the City.
9. The warranty on street improvements is for five (5) years from the date of acceptance by the City
of the completed improvements, in accordance with Sections 29-13 and 29-14 of the Transitional
Land Use Regulations and/or Sections 2.2.3(C)(3)(g), 3.3.1(C)(2), and 3.3.2(C) of the Land Use
Code, as applicable.
10. The City Erosion Control Inspector must be notified at least twenty-four (24) hours prior to any