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HomeMy WebLinkAboutNORTHWOOD APARTMENTS - Filed OA-OTHER AGREEMENTS - 2004-01-05THIS AGRE = is made and entered into this Zsth day of June , A.D. 19 76 , by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Federal Projects, Inc., hereinafter designated as the "Developer" of Northwood Apartments; KVAW1Q1** 1WA1F WHEREAS, Developer is the owner of Northwood Apartments Subdivision situate in the County of Larirrer, State of Colorado, more particularly described on the sub- division plat on file in the office of the City Engineer and by this reference made a part hereof.; and rv=. EA.S, Developer desires to develop said property as a. residential sub- division and has submitted to the City a master plan showing a proposed subdivision layout for said lands, which master plan is on file in the Office of the City Planner and by this reference made a part hereof; and RI3EREAS, 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 by this re- ference made a part hereof; and VTMREAS, 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 WHEREAS, the City's planning and zoning board has approved the master 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 condi- tions herein stated and for other valuable consideration, the adequacy of which is acknowledged by the said parties hereto, it is agreed as follows: 1. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all utility items, storm drainage facilities, streets and other municipal facilities necessary to serve the lands described on the subdivision 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 cnnplete the installation of said lines no later than one year following initial endorsement of the project by FHA. d. Upon approval of architectural plans by the City Building Inspection Department, building permits may be issued for structures in the development. The Developer further agrees that construction for any structure in the development shall not commence until the water main, service line stub, and fire hydrant serving such structure is installed and accepted by the City. e. All of said lines shall be installed at the sole expense of Developer. 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 specifications applicable to such installation. -2- 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 costs of such additional work. 3. Sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary seder 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 one year following initial endorsement of the project by FHA. d. Upon approval of architectural plans by the City Building inspection Department, building permits may be issued for structures in the development. The Developer further agrees that construction for any structure in the development shall not commence until the sanitary sewer line serving such structure is installed and accepted by the City. e. All of said lines shall be installed at the sole expense of Developer. f. Developer understands and agrees that he shall be responsible for the maintenance of all sewer lines proposed on the utility plans. g. 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 require - rents of the plans and 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 he done as it deans neces- sary to complete the installation in a satisfactory manner and the Developer shall be liable for the costs of such additional work. -3- 4. Electric Lines and Facilities. The City Light and Power Department shall install primary electric distribution lines to and including transformers. Developer shall install secondary distribution system to individual units, yard lighting and other facilities required for the subject property and the Developer shall pay for work performed by the Light and Power Department in accordance with the established charges of the Light and Power Department lights required for the development. Such installation shall include all street 5. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. It is understood that such lines and facilities may not represent all of the Developer's obligations in this regard and the Developer there- fore agrees to participate in any storm sewer assessment districts established under the provisions outlined in the City Code. 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 agrees to complete the installation of said lines and facilities in an orderly fashion during the process of development so as to prevent any damage to public improvements or adjacent properties. Developer. d. All of said lines shall be installed at the sole expense of the e. The installation of all such lines and facilities shall be in- spected 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 instal- lation 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. -4- 6. Streets. a. The Developer agrees to install all streets shown on the utility plans, ccuplete 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 no later than the following schedule. Shields Street from Stuart Street to Prospect Road and Heritage Circle shall be completed within one year following initial endorsement of the project by FHA. d. Upon approval of architectural plans by the City Building Inspection Department, building permits may be issued for structures in the development. However, the Developer understands and agrees that there shall be no canbustible materials stored on the site unless adequate fire protection is provided. The Developer further agrees that construction for any structure in the development shall not commence until the street providing access to the structures is graded and base construction completed. e. The installation of all streets shall be inspected by the Engineering Services Department of the City and subject to such department's approval. The develop- er agrees to correct any deficiencies in such installation in order to meet the require- ments 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 ccuplete the installation in a satisfactory manner and the Developer shall be liable for financing, engineering, publication, legal and miscellaneous on City Special Street Improvement Districts. -5- f. Street improvements shall not be installed until all utility lines to be placed in the street have been completely installed and all services to indivi- dual lots have been installed from main utility lines to the property line. g. All of said streets shall be installed at the sole expense of the Developer except that the City Engineer shall compute the extra expense caused by Shields Street being improved as an arterial rather than as a residential street, and such portion of the cost shall be paid by the City. 7. Other Requirements. The Developer further understands that the Northwood Apartments De- velopment is to be served by the Spring Creek Sanitary Sewer. This sanitary sewer is presently running over capacity, and therefore the Developer agrees there shall be no occupancy of any units within the develofxnent until such time the Spring Creek Sewer has been enlarged to accommodate the added capacity of the development. The City es- timates the sewer will be enlarged for added capacity by September 1, 1976. This agreement shall be binding upon the parties hereto, their heirs, per- sonal representatives and assigns, and shall be operative only in the event that the Federal liousing Administration insures the loan for Northwood Apartments. IN WITNESS WfiERBOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: THE CITY OF FORT COLLINS, COLORADO By C. f City Manager APPROVED: Director of Engineeigig Services C � i City 7torney M