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HomeMy WebLinkAboutOAKBROOK APARTMENTS - Filed OA-OTHER AGREEMENTS - 2004-01-05:� t_ _. � ,: . ��: ,�_, � �, -.. _, � _. �- �� , . ,.a _u CONTRACT OF AGREEMENT This contract is made and entered into this Q" 'day of Te' E 1976, by and between the City of Fort Collins, Colorado, a municipal corporation, hereinafter referred to as "City", and the American Development Corporation, a corporation organized under the laws of the State of CAIe'4pMg with principal � offices at Akdo ��IS��4E Wob G,5 1M6E'lS, hereinafter referred to as "Corporation". WHEREAS, Corporation desires to proceed with development of Oakbrook Apartments, a planned unit development approved by the City; and WHEREAS, one of the requirements for a planned unit development in the City is a contract between the developer and the City to provide for the proper installation and maintenance of landscaping on the planned unit development; NOW, THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed as follows: 1. Corporation agrees to install and maintain for a two year period after said installation all landscaping as shown on the final land- scape plan for Oakbrook Apartments, a planned Unit Development, approved by the City. 2. This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF the parties hereto have caused this agreement to be signed the day and year first hereinabove written. THE CITY OF FORT COLLINS, COLORADO By ing City Maaager ATTEST: City Clerk AMERICAN DEVELOPMENT CORPORATION Ram n R. Nayar Vice President, Ame ican Development Corporation NOW, 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. The City hereby approves the master plan submitted by the Owner , it being understood that such approval is approval only of the general scheme and concept of development shown thereon and that the City may impose additional requirements on final plats for any portion of said land consistent with the general scheme of development shown on the master plan. 2. Except as otherwise herein specifically agreed, the Owner agrees to install and pay for all utility lines, storm drainage facilities, streets and other municipal facilities necessary to serve the lands describedon the subdivision plat. 3. Water Lines. a. Owner agrees to install all water lines as shown on the utility plan in accordance with the requirements and as shown on said plan, 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 lanes 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. Owner understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the fire hydrant serving such structure is installed and accepted by the City. the. Developer. d. All of said lines shall be installed at the sole expense of -2- e. The installation of said line shall be inspected by the Engineering Services Department of the City and shall be subject to such department's approval. Owner 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 manger and the Owner additional work. shall be liable for the costs of such 4. Sanitary Sewer Collection Lines. a. The Owner 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. Owner understands and agrees that no building permit shall he 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. the Owner d. All of said lines shall be installed at the sole expense of e. The installation of said lines shall be inspected by the Engineering Services Department of the City and subject to such department's approval. Owner 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 he done as it deems necessary to complete the installation in a satisfactory manner and the Owner shall be liable for the costs of such additional work. Ms 5. Electric Lines and Facilities. The City Light and Power Department shall install all electric distribution lines and facilities required for the subject property and the Owner 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. 6. Storm Sewer Lines and Facilities. a. The Owner shall install all storm sewer lines and facilities shown on the utility plan. 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. Owner agrees to complete the installation of said lines and facilities in an orderly fashion 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 control and drainage of storm waters. d. All of said lines and facilities shall be installed at the sole expense of the Owner e. The installation of all of such lines and facilities shall he inspected by the Engineering Services Department of the City and shall be subject to such department's approval. Owner 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 Owner shall be liable for Lae cost of such additional work. -4- 7. Streets. a. The Owner 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. 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. d. The installation of all streets shall be inspected by the Engineering Services Department of the City and subject to such department's approval. Owner 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 satisfactory manner and the Owner shall be liable for the cost of such additional work, including all normal charges made by the City for financing, engineering, publication, legal and miscellaneous on City Special Street Improvement Districts. e. 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. -5- :h". i � _. _ _.. � _.� _.ia ._ r jam` ' �f�t �! . C �. / C ..JJ ... ._. _ .__.� .. _ .._.. /� _.� i"h, "�i 1: :. �\ _ / �_ � F / ` � � r i � // mil.'.. / .'. .A, ..l'. � _ _. _._ t � k,_ _. _ _� �� __r AGREEMENT THIS AGREEMENT is made and entered into this Eighth day of September , A.D. 1976, by and between THE CITY OF FORT COLLINS, COLOR.ADO, a municipal corporation, hereinafter sometimes designated as the "City," and OAKBROOIC APARTMENTS, a limited partnership, hereinafter sometimes designated as "Developer." WITNESSETH: WHEREAS, Developer is the general partner for Oakbrook Apartments, A Limited Partnership, the owner of the property described on Exhibit A attached hereto; and WHEREAS, the planned unit development proposal is for an apartment project which will provide living units for the low-income elderly, under the provisions of Section 8, Title II of the Housing and Community Development Act of 1974, and Section 221 (d) (4) of the National Housing Act; and WHEREAS, the planned unit development as presented to the City con- tains provision for less parking than would normally be required for the number of living units planned in the project; and WHEREAS, the justification for providing less parking than normally required is the fact that studies have indicated residents qualified to live in a project of this type who meet the FHA and HUD requirements for such a project will generate less need for parking; and WHEREAS, the City has agreed to approve the project with less parking provided the Developer assures the City that additional parking will be available and will be supplied if the project is occupied by people not meeting the requirements of the FHA and HUD for this type project. NOW, THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed as follows: 1. The City agrees to approve the planned unit development with the parking as proposed by the Developer. 2. Developer agrees that the areas indicated on the attached plan as being reserved for future parking will have no building improvements constructed on them and will remain available for conversion to parking spaces in the future. 3. If at any time in the future any apartment unit in the project is occupied by persons not meeting the requirements of the Department of Housing and Urban Development or other appropriate federal agency for a project of the type described herein, the Developer agrees to immediately convert all areas shown on the attached plan as reserved for future parking to parking lots with improvements comparable to those installed in the original parking lots of this project. 4. This agreement and the covenants herein contained shall be covenants running with the land and shall be binding upon the Developer, its successors and assigns. IN WITNESS WHEREOF, 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 OAKBROOK APARTTTENTS, A Limited Partnership ' t BY Ranbir S. Sahni General Partner City Clerk EXHIBIT A (Oakbrook. Apartments P.U.D.) F„li.A. Section 8, Elderly Addition, Fort Collins, Colorado A part of Tract "F" of Southmoor Village Second Filing, Fort Collins, Colorado, which begins at a point on the West line of said Tract "F" which bears N 89047'08" East 2281.00 feet, and again South 02038' West 141.13 feet from the West 1/4 corner of Section 25, Township 7, North, Range 69 West, of the Sixth P.M., and run thence S. 73030' East 240.00 feet; thence along the arc of a 517.62 foot radius curve to the left a distance of 207.18 feet, the long chord of which bears South 84°58' East 205.81 feet; thence North 83034' East 78.00 feet; thence along the arc of a 413.93 foot radius curve to the right a distance of 177.24 feet, the long chord of which bears South 84010' East 175.89 feet; thence South 71054' East 106.99 feet to a point on the Westerly line of Stover Street; thence along said Westerly line, on the arc of a 570.36 foot radius curve to the right a distance of 23.36 feet, the long chord of which bears South 26038'40" West 23.00 feet, and again along said Westerly line of Stover Street, South 27048' West to 293.15, thence West 736.20 feet to a point on the Easterly line of Stanford Road, thence along said Easterly line, North 16036' East, 145.00 feet, and again along said Easterly line of Stanford Road, on the arc of a 1419.21 foot radius curve to the left a distance of 275.36 feet, the long chord of which bears North 1102'30" East 274.92 feet to the point of beginning., containing 6.000 acres, and being subject to all easements and rights -of -way which are existing or are of record,