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HomeMy WebLinkAboutEVERGREEN PARK SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31AGREEP.U1T THIS is made and entered into this 07-UPday of P2"wm� A.D. 1974, by and between T11E CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sontimes designated as the "City", and Evergreen PAP1<, a joint venture, — hereinafter designated as the "Developer", WTTNR.qSF7VT - WHEREAS, D:�velope.r is the owner of: Evergreen Park, Second Filing, A subdivision of a portion of the east half of Section 1, T7N, R69W of the 6th P.m., City of Fort Collins, Larimer County, Colorado, more particularly described on the subdivision plat on file in the City Engineer's Office and by this reference made a part hereof; and tidfMPEAS, Developer desires to develop said property as a residential su.xlivision aril has submitted to the City a utility p1-an for said 1-ands, a copy o` �;hich is on file .in the City Engineer's Office and by this reference made a part hereof; 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 improvennents primarily of benefit to the lands to be developed and not to the City of Fort Collins as a c:Jhole; and NaV, THERE-TURE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of �,AjjCt1 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 AMENDMENT TO AGREEMENT This Agreement is made and entered into this .J day of March, 1982, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (City) and EVERGREEN PARK 2, a partnership (Developer), and constitutes an amendment to that certain agreement between the parties hereto dated December 2, 1976, a copy of which is attached hereto. WITNESSETH: WHEREAS, that Agreement dated December 2, 1976, between the City and Evergreen Park, a joint venture, (the Agreement) and its associated Adden- dum Number 1„ dated December 20, 1979, has not been fulfilled; and WHEREAS„ Evergreen Park, a joint venture, executed the Agreement and Evergreen Park 2 is successor in interest to Evergreen Park, a joint venture, and has acquired the property subject to the Agreement; and WHEREAS„ it is recognized and agreed between the parties that the Developer has exerted a good faith effort to comply with the terms and conditions of the Agreement and its rfdendum but h-as bcen un-atic ay sv comply, in part because of economic considerations and difficult market trends; and WHEREAS, there is an atmosphere of uncertainty for both the Developer and subsequent purchasers of Evergreen Park, Second Filing, in regard to the issuance of building permits and certificates of occupancy for improve- ments to be placed upon the property; and WHEREAS, the parties agree that it is in the best interest of the City, the Developer, and subsequent purchasers of the subject property to amend the Agreement and its Addendum in such manner as to incorporate and/or modify all of the numerous letters of change, for the purpose of aUdressing design criteria ana construction pruceuureS WIG OLoer city conditions in order to define the City's requirements of the Developer in order to procure building permits to procede with the development of the subject property; and WHEREAS, it is the intent of the parties that this agreement shall, together with the Agreement constitute the entire understanding of the parties and shall serve to replace and nullify any provisions pertaining to the subject property as are contained in letters or other correspondence, including Addendum Number 1 to the Agreement dated December 20, 1979. NOW, THEREFORE, in consideration of the mutual promises of the parties and the terms and conditions herein stated, and other good and valuable considerations, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1. Except as herein otherwise provided, the Agreement shall continue in full force and effect. 2. Paragraph 2.c. is hereby amended to provide as follows: 2. c:. All water lines shall be constructed in compliance with the approved utility drawings and, in order to provide adequate water quantity and pressure for fire protection and do- mestic use to the dwelling for which a building permit has been requested, the applicable water lines to serve such dwelling shall be completed in a looped manner as may be required by the City Engineer. 3. Paragraph 3.c. is hereby amended to provide as follows: 3.c. In no event shall a sanitary sewer collection line be terminated without the full completion of the 1 i t; and including the nearest manhole upstream from the property to be serviced, as described on the approved utility plans. 4. Paragraph 5.c. is hereby amended to provide as follows: 5.c. Provided that the requirements of this agreement are other- wise satisfied, the City agrees to release up to 30_building permits (and certificates of occupancy) within Watershed Number 1, as said watershed is delineated on Exhibit "A" as attached to the Agreement. Prior to requesting any addi- tional building permits or prior to the issuance of any such permits in Watershed Number 1 in excess of the aforesaid 30 permits, the Developer shall complete in finished condition, the retention facility defined as "Tract A" on the plat of Evergreen Park, Second Filing together with the drainage swale necessary to connect the "Tract A" retention facility with the "Tract B" retention facility as defined on said plat. Said drainage swal a need not be constructed in finished form but must be constructed in such form as to be fully usable for drainage purposes. P►`iur to requesting aiiy buiii ing peiactits or certificates of occupancy within Watersheds 2 and/or 3 as delineated on said Exhibit "A", it is agreed that the Developer shall use its best efforts to relocate the electrical power ► o i e presently located within the retention facility defined as "Tract B" on the Evergreen Park, Second Filing plat in- cluding the placing on deposit with Poudre Valley REA such funds as are required by that Association to finance the -2- relocation of said pole; and complete in final and finished form the construction of said retention facility along with its overflow discharge structure and the temporary retention facility to be located to the southwest of said "Tract B" retention facility as detailed on the drawings prepared by "Engineering Professionals" dated February, 1981, and the City shall issue no additional building permits or certificates of occupancy until the aforesaid improvements are completed, (or sufficient funds have been deposited with the City by the Developer to ensure such completion.). 5. Paragraph 6.c. shall be amended to provide as follows: 6.c,. Notwithstanding the requirements of the Agreement or the Code of Ordinances of the City, the completion of Lemay Avenue will not be required by the City until further traffic studies have been completed (which studies are presently being conducted at the City's expense) or on January 1, 1985, whichever shall first occur. 6. Paragraph 6.i. of the Agreement is hereby deleted in its entirety. 7. Paragraph 6.j, is hereby amended to provide as follows: 6.j,. The Developer agrees to maintain the water retention struc- tures until such time as such structure or structures are completed and accepted by the City. 8. Addendum Number 1 of the Agreement, dated December 20, 1979, is hereby deleted in 'its entirety. 9. This Agreement constitutes, together with that Agreement of the parties dated December 2, 1976, the entire understanding of the parties and there are no other understandings, either oral or written which supersede, amend, explain, modify or expand upon this agreement. Except for the paragraphs specifically amended hereby, the Agreement dated December 2, 1976 shall continue in full force and effect. This agreement shall be binding upon the parties hereto, their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF the parties hereto have caused this agreement to be signed the day and year first herein above written. ATTEST:( d.�lb� 01LS� City Clerk THE C OF, FORT COLLINS, COLORADO By City M nager -3- APPROVED: EVERGREEN PARK 2, a partnership Developer By Lyle Carpe; ter, partner rchie Wainwright, part," Mariann McAlger, partner -4- anc? other municipal facil ies necessary to serve the 1al1o, described on the suMivision plat. 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 relating to the installation of such lines. c. Developer agrees to complete the installation of said lines no later than December 1, 1.981. d. Developer understands and agrees that no building permits for any structure in the subdivision shall be issued by the City until the water lines on Foxtail Street, Monterey Drive, and Conifer Street are installed and accepted by the City including the fire hydrant serving such structure. Developer. e. All of said lines shall be installed at the sole expense of the f. The installation of said lines shall be inspected by the Engineering Services Department of the City and shall be 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. In the event such installation is not completed and approved within the time set forth above, the City shall. have the right to cause such additional work to be done as it deems i,ecessaiy to complete the installation in a satisfactory naizner and the Developer shall be liable for the costs of such additional work. 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 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 agrees to complete the installation of said lines no later than December 1, 1981. d. 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. Developer. e. All of said lines shall be installed at the sole expense of the f. The installation of said lines shall be inspected by the Engineering Services Department of the City and subject of 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. In the event such installation is not completed and approved within the time set for -Eh above, the City shall have the right to cause such additional work to be done as it deems necessary to co plete the installation in a satisfactory nvanner and the Developer shall be liable for the costs of such additional work. 4. Electric Lines and Facilities. a. The City Light and Power Department 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 required for the development. 5. Storm Sewer Lines and Facilities. a., The Developer shall install all storm sewer lines and facilities 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 the City Engineer relating to the installation of such lines. c. Developer understands and agrees that before.the City will issue building permits on more than a maximum of 30 lots within watershed No. 1, as shown on exhibit "A" of this agreement, detention pond "A" and drainage facilities within watershed No. 1 shall be constructed according to the utility plans and accepted by the City Engineer. Developer further understands and agrees that before the City will issue building permits on more than a maximum of 32 lots within watersheds No. 2 and 3, as shown on exhibit "A", detention pond "B" and drainage facilities within watersheds No. 2 and 3 shall be constructed according to the utility plans and accepted by the City Engineer. d. Developer further agrees to control runoff during the process of development so as to assure that the health, safety, welfare, and property of the City and citizens is safeguarded and protected through the proper drainage of storm waters. e. All of said drainage facilities and control measures shall be at the sole expense of the Developer. f. The installation of all of such lines and fac-Llities shall be inspected by the Engineering Services Department of the City and shall be 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. In the event such installation is not completed and approved within the time set forth above, the City shall, have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the cost of such additional work. 6. Streets. a. The Developer agrees to install all streets shown on the utility plan, complete with asphalt paving, curb, gutter and sidewalks. 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 lines. C. Developer_ agrees to complete the installation of street improvements in accordance with the following schedule: Street Limits Conifer St. Monterey Dr. to N. Lemay Ave. f,bnterey Dr. All Foxtail St. N:onterey Dr. to 825 ft. west Coulter St. Cul-de-sac south of Foxtail St. to 350 ft. north of Foxtail St. Shortleaf St. All Coulter St. Shortleaf St. to 350 ft. north of Foxtail St: Foxtail St. Shortleaf St. to 380 ft. east Conifer St. Redwood St. Sugarpine St. All Foxtail St. Sugarpine St. to Shortleaf St. Sitka St. Sugarpine St. to Foxtail St. Yew Ct. All To be Completed on or Before June 1, 1978 June 1, 1978 'June 1, 1978 June 1, 1978 June 1, 1979 'June 1, 1979 'June 1, 1979 , June 1, 1980 r "June 1, 1980 JJune 1., 1980 f' -June 1, 1-980 June 1, 1980 All remaining streets December 1, 1981 d. No building L_,2rndt for the construction of ajlI, structure in the sub- division shall be issued by the City until the street providing access to the structures is improved with at least the gravel base required. e. Developer, also being the owner of the Evergreen Park, First Filing agrees that the number of building permits issued by the City for structures within the Evergreen Park, Second Filing shall not exceed seventy (70) until a paved access with curb and gutter is provided to College Avenue on the west or Vine Drive on the south. f. The installation of all streets 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. In the event the improvements are not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satis- factory manner and the Developer shall be liable for the cost of such additional work, including all normal charges rade by the City for financing, engineering, publication, legal and miscellaneous on City Special Street Improvement Districts. g. Street Improvements shall not be installed until. all utility lines to be placed in the street have been completely installed and all services to individual lots have been installed from main utility lines to the property line. h. All street improvements shall be constructed at the sole expense of the Developer, except that the City shall pay that added expense of improving N. Lemay Avenue as an arterial and Conifer Street as a collector rather thanas residential streets. i. Developer agrees to monitor or have monitored the levels of the holding ponds or water detention structures for a period of one year to deter -- mine their adequacy in size and percolation. j. The developer agrees to maintain the water detention structures until such time as all streets and utilities are installed and accepted by the City and further until such time as major development has been completed, but shall not be expected to provide said maintenance beyond December 1, 1981. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. AT LEST: City Clerk: APPROVED: i Director of Engineering Pervices THE CITY OF FORT COLLINS, COLORADO BY: City Manager bevel tr, Title ��'� � ri ,- �-� '°�. '� c `�..�,_� � �,ti, -. •• Ott c •a,4 "� lZ It cl 71 fl� 1 r I 7 mom", `'! c � �,l J �~�.� -r�'', ��. ,( ��J `� ?��JE '•4 ` i.''? r' i F <Q. ��� 4 � t� %� O'A Nql j U) LQ T ( 1 1 `- / t ..� N ,A J//�; i,n' �/n '�\ ,� . ...i'y'.T.�i�.,�J7 x,r i -� �._,•z �,) . \ /1,d rn v �, /:'/ � I O I ^� 1 ,�\^ _ r i 1 , L t C�, ter', •�• � 1 ,: (r. +o .� i„ � PI �. � •r � h '�� b 1, , f , .. , O-' .t \ ('� ,. - 1.:•_� ii %. I ._' I' 1 �� z b FI 1� ; `I r II"� � I i ram'!+. \ -� V Date /,-)/Zo /7� ADDFMU4 NO. 1 The Subdivision Agreement for �n Park-2.nd Filin dated December 2, 1976 between Evergreen Park a _ , and the City of Fort Collins, Colorado, is hereby amended as follows: Paragraph FC shall be amended to include North Ik-r-ay Avenue (formerly County Ttoad rx6. 9) improvements within this subdivision to be constructed at the same time as improvements for the same street within Evergreen Park 3rd Filing to the south and Greenbriar P.U.D. to the r_or-th. The improverlents to Lemay Avenue, within all three s-,abdivisions shall be commleted prior to January 1, 1982. The City agrees to coordinate these improvements with all three developers involved to extend to them as much notice as is reasonably possible. THE CITY OF FORT COLLINS, COLOWM City Manager City Cler APPR7 z., Director of Pub is ti,�orks SSA City Attorney 7 FJ7ERC,REEN PARK,