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HomeMy WebLinkAboutSANDCREEK VILLAGE PUD REPLAT - Filed DA-DEVELOPMENT AGREEMENT - 2004-02-26DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this rCAt" - day of A.D. 1984, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and BLOCH-POUDRE VALLEY CONSTRUCTION, a joint venture, Ltd., 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: Replat of Sandcreek Village P.U.D., located in the Northeast Quarter of Section One, Township 7 North, Range 69 West of the Sixth P.M., City of Fort Collins, Larimer County, Colorado. WHEREAS, the Developer desires to develop said property and has submitted to the City a subdivision plat and/or a site plan, a copy of which is on file in the Office of the City Engineer 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 City Engineer 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 Replat of Sandcreek Village July 1984 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 improvements to be installed out of sequence. Not Applicable. 4. Storm drainage improvements to be installed out of sequence. See paragraph 2.A. EXHIBIT "B" The Development Agreement for the Replat of Sandcreek Village P.U.D. This exhibit does not apply to this development. COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS Include only those major storm drainage basin improvements required by an adopted basin master plan. ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 1 2 Storm sewer, manholes, end sections, etc. (a) L.f. /L.f. $ (b) L.f. /L.f. $ (c) Ea. Ea. $ (d) Ea. Ea. S Sub -Total $ Channel excavation, detention pond excavation and riprap (a) C.Y. $ /C.Y. $ (b) C.Y. $ /C.Y. $ (c) C.Y. $ /C.Y. $ Sub -Total $ EXHIBIT B - Page 2 ITEM DESCRIPTION 3. Right-of-way & easement acquisition (a) (b) Sub -Total Q (a) 5 Professional Design Other TY UNIT COST TOTAL COST S.F. $ /S.F. S Ac. $ /Ac. $ Lump Sum $ Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared by: Address: Title: S DEVELOPMENT AGREEMENT ,Gd THIS AGREEMENT, made and entered into this day of JUL11, A.D. 198 -, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and BLOCH-POUDRE VALLEY CONSTRUCTION, a joint venture, Ltd., 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: Replat of Sandcreek Village P.U.D., located in the Northeast Quarter of Section One, Township 7 North, Range 69 West of the Sixth P.M., City of Fort Collins, Larimer County, Colorado. WHEREAS, the Developer desires to develop said property and has submitted to the City a subdivision plat and/or a site plan, a copy of which is on file in the Office of the City Engineer 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 City Engineer 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 the City of Fort Collins as a whole; and WHEREAS, the City has approved the subdivision plat and/or site 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 promises 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, side- walks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the Council approved standard specifications of the City on file in the Office of the City Engineer at the time of construction of the utility plans relating to the specific utility, subject to any time limitations as provided by Ordinance. B. No building permit for the construction of any structure within the development 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. -2- 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 Exhibit "A". If the City Engineer determines 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 City Engineer as referred to under "Special Conditions" in this document. D. 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 develop- ment. E. 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. F. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. -3- 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. G. All storm drainage facilities shall be so designed and con- structed by the Developer as to protect downstream and ad- jacent properties against injury and to adequately serve the property to be developed (and other lands as may be required, if any). The Developer has met or exceeded minimum require- ments for storm drainage facilities as have been established by the City in its Drainage Master Plans and Design Criteria. The Developer does hereby indemnify and hold harmless the City from any and all claims that might arise, directly or indirectly, as a result of the discharge of injurious storm drainage or seepage waters from the development in a manner or quantity different from that which was historically discharged and caused by the design or construction of the storm drainage facilities, except for (1) such claims and damages as are caused by the acts or omissions of the City in maintenance of such facilities as have been accepted by the City for main- tenance; (2) errors, if any, in the general concept of the City's master plans (but not to include any details of such plans, which details shall be the responsibility of the Developer); and (3) specific directives as may be given to the -4- Developer by the City. Approval of and acceptance by the City of any storm drainage facility design or construction shall in no manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid indemnification. The Developer shall engage a licensed professional engineer to design the storm drainage facilities as aforesaid and it is expressly affirmed hereby that such engagement shall be intended for the benefit of the City, subsequent purchasers of property in the development and downstream and adjacent property owners all of whom shall be third party beneficiaries of said agreement between the Developer and Engineer. H. The Developer shall pay storm drainage basin fees in accor- dance with Chapter 93 of the City Code. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 93 are described together with the estimated cost of the improvements on the attached Exhibit "B", which improvements shall include right of way, design and construction costs. The basin fee payable by the Developer shall be reduced by the estimated cost of said eligible improvements. Upon completion of such eligible improvements, the amount of such reduction shall be adjusted to reflect the actual cost. If the cost of the eligible improvements con- structed by the Developer and described in the above mentioned exhibit exceeds the amount of the storm drainage fees payable for the development, the City shall reimburse the excess cost -5- out of the Storm Drainage fund upon completion of the improve- ments and approval of the construction by the City. I. The Developer shall provide the City Engineer with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construc- tion. 2. Special Conditions. A. Storm drainage lines and appurtenances. All storm drainage facilities shall be completed by the Developer and approved by the City prior to the release of more than 8 Building Permits and 4 Certificates of Occupancy. B. Streets. The City agrees to repay the Developer for oversizing Willox Lane to arterial standards in lieu of local street standards in accordance with the Code of the City of Fort Collins, Article 99-6.F. C. The Developer agrees to construct and maintain a 36-foot wide all weather fire access lane until such time that a secondary Point of access is available and approved by the City. 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 City Engi- neer in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been approved by the director. Q 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, shall remove such rubbish no less than weekly and, at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way. He further agrees to maintain the finished street surfaces free from dirt caused by his operation. Any excessive ac- cumulation of 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 City Engineer. If the Developer fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the streets cleaned at his expense and he shall be responsible for prompt payment of all such costs. 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. 0. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or -7- 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 has approved the subdivision plat and/or site 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 promises 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, side- walks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the Council approved standard specifications of the City on file in the Office of the City Engineer at the time of construction of the utility plans relating to the specific utility, subject to any time limitations as provided by Ordinance. B. No building permit for the construction of any structure within the development 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. -2- 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. The Developer shall, pursuant to the terms of this agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat, or on any replat subsequently filed by the Developer, and the City may withhold such buil- ding permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. F. This Agreement shall be binding upon the parties hereto, their successors, grantees, heirs, personal representatives, and assigns and shall be deemed to run with the real property above described. G. Nothing herein contained shall be construed as a waiver of any requirements of the City Code, and the Developer agrees to comply with all requirements of the same. THE CITY OF FORT COLLINS, COLORADO A Municipal rporation By City Manager ATTEST: City Clerk APPROVED: 4Rirector of P- lic biorks Ci y�✓ BLOCH-POUDRE VALLEY CONSTRUCTION, joint venture, LTD. \' Harold H. Miller-, President SE Replat of Sandcreek Village July 1984 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 improvements to be installed out of sequence. Not Applicable. 4. Storm drainage improvements to be installed out of sequence. See paragraph 2.A. 1VI T fl - 11„11 The Development Agreement for the Replat of Sandcreek Village P.U.D. This exhibit does not apply to this development. COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS Include only those major storm drainage basin improvements required by an adopted basin master plan. ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 1. Storm sewer, manholes, end sections, etc. (a) L.f. /L.f. $ (b) L.f. /L.f. $ (c) Ea. Ea. $ (d) Ea. Ea. $ Sub -Total $ 2. Channel excavation, detention pond excavation and riprap (a) C.Y. $ /C.Y. S. (b) C.Y. $ /C.Y. S. (c) C.Y. S /C.Y. $ Sub -Total $ EXHIBIT B - Page 2 ITEM DESCRIPTION 3. Right-of-way & easement acquisition ( a) (b) Sub -Total 4. Professional Design (a) 5. Other ANTITY UNIT COST TOTAL COST S.F. S /S.F. $ Ac. $ /Ac. $ Lump Sum Total estimated cost of Storm Drainage improvements eligible for credit or City repayment S Prepared by: Title: Address: SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this X8 01 day of 3_L4, I y , A.D. 1980, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and DAVID R. PICKETT, 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: SANDCREEK VT1 LAGE, P.U.D., being a replat of Lots 29 7T roug 60, Tr s "H" , "I", "J" , 11K11, "L" , "M" , and "N"„ of The Greenbriar P.U.D. located in the NE 1/4 of Sect: ion 1, Township 7 North, Range 69 West of the 6th P.M." City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a resi- dential 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 City Engineer 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 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 line, fire hydrant, sanitary sewer, street (with at least the base course completed) serving such structure have been completed and accepted by the City. No building 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, storm sewer and appurtenances, and all streets, curb, gutter, sidewalks, and bikeways and other municipal facilities neces- sary to serve the lands within the subdivision. F. Street improvements (excepting curb, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all individual 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 Services Division of the City and shall be subject to such department's ap- -3- proval. 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 of 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.). Paragraph 5 of to Subdivi- sion Agreement between the City of fort Collins and the Developer of Greenbriar P.U.D. (dated 3/30/79) is hereby incorporated and becomes a part of this Subdivision Agreement as Exhibit "B" (attached). D. Streets (oversizing, traffic lights, signs, etc.). Not applicable. E. Other requirements. None. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs, etc. at all construction within the public right-of-way and/or other areas deemed -4- necessary by the Director of Engineering Services in accord- ance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until advised to do so 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 accumulation or dirt and/or construction materials which will add to the accumulation of dirt shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to the satis- faction of the Director of Engineering Services. In the event that the Developer fails to adequately clean up the streets within two (2) days after written notice, the City may have the street cleaned and bill the Developer for said costs of cleaning. C. The Developer shall cause his subcontractors to 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 -5- 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 Exhibit "A". If the City Engineer determines 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 City Engineer as referred to under "Special Conditions" in this document. D. 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 develop- ment. E. 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. F. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. -3- and welfare. D. Where erosion (either by wind or water) is likely to be a problem, in the Inspector's opinion, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Tempor- ary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. The control may consist of, but may not be limited to, seeding of approved grasses, temporary dikes, gabions, or other devices. E. This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, and assigns. F. 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 same. / TH C A Mur( ATTVST: By:(4 y C erk nooanvFn- FORT COLLINS, COLORADO Corporation M J,Lj ,,2/v-- Dev oper Title -7- 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 improvements to be installed out of sequence. Not applicable. 4. Storm drainage improvements to be installed out of sequence. See Exhibit "B" EXHIBIT "B" 5. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facili- ties 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 lilies. C. Developer agrees to complete the installation of detention ponds shown on the utility plans prior to the issuance by the City of any building permits for structures within the subdivision. d. All of said lines and facilities shall be installed at the sole expense of the Developer. e. Developer understands and agrees that the City shall not issue more than 22 building permits and certificates of occupancy for structures whose drainage is to enter the eastern detention pond, or more than 2 building permits and certificates of occupancy for structures whose drain- age is to enter the western detention pond prior to the construction of adequate outlet facilities for those ponds, such outlet facilities to be approved in writing by the City Engineer prior to their construction. f. The City has determined that there is a need for major storm drainage improvements within this drainage basin due to the development of this property, among others. Therefore, the City shall retain a consultant to delineate the boundaries of this basin, to evaluate the drainage alternatives, and to prepare engineering drawings and contracts For the construction of an outfall system for the Evergreen-Greenbriar develop- ments. Wiithin thirty (30) days after demand by the City the Developer agrees to pay to the City a sum of money representing Sandcreek Village P.M .'s proportionate share of the cost of designing and constructing said eutfall system improvements ,or the Evergreen-Greenbriar developments, said proportionate share to be determined by the City Engineer (based upon the ratio of the acreage of Sandcreek Village P.U.D. to the total acreage of the Evergreen-Greenbriar developments). (The City's preliminary estimate of the total cost of this basin project based upon prices which were available to the City in 1978 is approximately $200,000.) g. All storm drainage lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. h. The installation of all of such lines and facilities shall be inspected by the Public Works Department of the City and shall be subject to such department's approval. Developer agrees •:o correct any deficien- cies in such installation in order to meet the requirements of the plans and specifications applicable to such installation. 6. Streets. a. The Developer agrees to install all streets shown on the utility plans, complete with pav+ng, curb, gutter and sidewalks. CITY OF FORT COLLINS 1715 West Mountain, Ft. Collins, Colorado 80521 Telephone (303)4"422® HOUSING AUTHORITY 221-6820 AGREEMENT TO CERTIFY LOW INCOME HOUSING This agreement is entered into between Poudre Valley Construction and the Fort Collins Housing Authority for the purpose of certifying the provi- sion of low income dwelling units as part of the Sand Creek P.U.D. project. I. Rental Units A. Poudre Valley Construction agrees to provide 15 1-bedroom and 14 2-bedroom units within the Sand Creek P.U.D. at contract rents that do no exceed 30% of gross monthly income for low income fami- lies. Contract rent shall include the cost of all utilities. For the purpose of this agreement, "family" is defined as one of the following: (1) An elderly person or couple with one spouse at least 62 years of age or older, (2) A disabled person or couple as determined by the Social Security or Veterans Administrations, (3) An adult or couple with one or more children under the age of 18. For the purpose of this agreement, "low income" is defined as fall- ing within the HUD Section 8 income limits currently in effect for Fort Collins. They are: "Low Income" # In Family Income Limits # In Family Income Limits 1 Person $ 15,050 5 Persons $ 22,850 2 Persons 17,200 6 Persons 24,200 3 Persons 19,350 7 Persons 25,500 4 Persons 21,500 8 Persons 26,900 FORT C OLLI NS HOUSING AUTHORITY II # In Family 1715 West Mountai "Very Low Income" Income Limits Page 2 # In Family Income Limits 1 Person $ 9,400 5 Persons $ 14,550 2 Persons 10,750 6 Persons 15,600 3 Persons 12,100 7 Persons 16,700 4 Persons 13,450 8 Persons 17,750 1-6820 B. At least 50% of the low income qualified units shall be made available to "very low income" persons or families. C. Rental units shall be made available in accordance with the above provisions for a minimum period of 25 years, (except as provided for in Section II.) D. Income shall be defined as any source of earned or unearned income coming into the household, including all public assistance benefits. E. Annually within 30 days of the anniversary date of this agreement, Poudre Valley Construction shall submit a report to the Housing Authority indicating the families and contract rents including utility costs, for the low income qualified units during the preceeding 12 months. Conversion to Individually Owned Units. A. The Housing Authority and tenants in low income qualified units shall be notified at least 120 days prior to the start of a program to convey title of individual units. B. At the time of sale, the sale price of the low income qualified units shall comply with price and family income limits established by the Colorado Housing Finance Authority. C. At the completion of the sales program or within 12 months of the start of the sales program, whichever comes sooner, Poudre Valley Construction shall submit a report to the Housing Authority indica- ting the actual sales price and income of purchasers of low income qualified units. (I]YO[ FOR](OLLINS 1715 West Mountain, Ft. Col l ins, Colorado 80521 Telephone(303))ft44Q HOUSING AUTHORITY 221-6320 Page 3 III. Term of Agreement A. The terms of this agreement shall be binding on all future owners of the project and shall be filed with the record of title. B. The agreement shall expire at either: (1) Twenty-five years from the date of the agreement or; (2) The completion of an individual sales program in accordance with Section II. Poudre Valley Construction by Date --- F t Collins Housing Authority �: rC c¢oiz Date ' 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. G. All storm drainage facilities shall be so designed and con- structed by the Developer as to protect downstream and ad- jacent properties against injury and to adequately serve the property to be developed (and other lands as may be required, if any). The Developer has met or exceeded minimum require- ments for storm drainage facilities as have been established by the City in its Drainage Master Plans and Design Criteria. The Developer does hereby indemnify and hold harmless the City from any and all claims that might arise, directly or indirectly, as a result of the discharge of injurious storm drainage or seepage waters from the development in a manner or quantity different from that which was historically discharged and caused by the design or construction of the storm drainage facilities, except for (1) such claims and damages as are caused by the acts or omissions of the City in maintenance of such facilities as have been accepted by the City for main- tenance; (2) errors, if any, in the general concept of the City's master plans (but not to include any details of such plans, which details shall be the responsibility of the Developer); and (3) specific directives as may be given to the -4- Developer by the City. Approval of and acceptance by the City of any storm drainage facility design or construction shall in no manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid indemnification. The Developer shall engage a licensed professional engineer to design the storm drainage facilities as aforesaid and it is expressly affirmed hereby that such engagement shall be intended for the benefit of the City, subsequent purchasers of property in the development and downstream and adjacent property owners all of whom shall be third party beneficiaries of said agreement between the Developer and Engineer. H. The Developer shall pay storm drainage basin fees in accor- dance with Chapter 93 of the City Code. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 93 are described together with the estimated cost of the improvements on the attached Exhibit "B", which improvements shall include right of way, design and construction costs. The basin fee payable by the Developer shall be reduced by the estimated cost of said eligible improvements. Upon completion of such eligible improvements, the amount of such reduction shall be adjusted to reflect the actual cost. If the cost of the eligible improvements con- structed by the Developer and described in the above mentioned exhibit exceeds the amount of the storm drainage fees payable for the development, the City shall reimburse the excess cost -5- out of the Storm Drainage fund upon completion of the improve- ments and approval of the construction by the City. I. The Developer shall provide the City Engineer with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construc- tion. 2. SDecial Conditions. A. Storm drainage lines and appurtenances. All storm drainage facilities shall be completed by the Developer and approved by the City prior to the release of more than 8 Building Permits and 4 Certificates of Occupancy. B. Streets. The City agrees to repay the Developer for oversizing Willox Lane to arterial standards in lieu of local street standards in accordance with the Code of the City of Fort Collins, Article 99-6.F. C. The Developer agrees to construct and maintain a 36-foot wide all weather fire access lane until such time that a secondary point of access is available and approved by the City. 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 City Engi- neer in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety 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, shall remove such rubbish no less than weekly and, at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way. He further agrees to maintain the finished street surfaces free from dirt caused by his operation. Any excessive ac- cumulation of 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 City Engineer. If the Developer fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the streets cleaned at his expense and he shall be responsible for prompt payment of all such costs. 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 earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or -7- 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. The Developer shall, pursuant to the terms of this agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat, or on any replat subsequently filed by the Developer, and the City may withhold such buil- ding permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. F. This Agreement shall be binding upon the parties hereto, their successors, grantees, heirs, personal representatives, and assigns and shall be deemed to run with the real property above described. G. Nothing herein contained shall be construed as a waiver of any requirements of the City Code, and the Developer agrees to comply with all requirements of the same. THE CITY OF FORT COLLINS, COLORADO A Municipal C rporation Byn- ATTEST: City Clerk APPRQVED: y 'Directoro- of � of PubliWorks ;�7 Attorney _ 0it r Attorney ��tJ BLOCH-POUDRE VALLEY CONSTRUCTION, joint venture, LTD, Harold H. Miller, President