HomeMy WebLinkAboutCENTRE FOR ADVANCED TECHNOLOGY PUD SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-07RCPT 1 # 87026674 05/08/ o 7 08 : 59 : 46 # OF PA3ES - 1 FEE - $3 .00
K RODEIBER3ER, RECORDER - LARI.4ER COU_4TY, CO STATE DOC FEE $.00
NOTICE
Please take notice that on April 20, 1987, the Planning and Zoning Board of
City of Fort Collins, Colorado, approved the Final PUD Plan know as
The Centre for .Advanced Technology, Second Filing, which development was
submitted and processed in accordance with Section 118-83 of the Code of
the City of Fort Collins. The Final PUD Plan of the subject property
together with the development agreement dated April 23, 1987 between the
City of Fort Collins and the developer, out of which documents accrue cer-
tain rights and obligations of the development and/or subsequent owners of
the subject property, is on file in the office of the Clerk of the City of
Fort Collins.
The subject property is more particularly described as follows:
Located in the Southwest Quarter of Section 23 Township 7 North,
Range 69 West of the 6th P.M., City of �r;Collins, Cpi�of
Larimer, State of Colorado.
i y' le �; S Greta lanning and oning
�J�✓L Board, ity of Fort Collins
11 - - . ' ,'
assigns. Assignment of interest within the meaning of this
paragraph shall specifically include, but not be limited to,
assignment of any portion of the Developer's proprietary
interest in the real property herein after described, as well
as any assignment of the Developer's rights to develop such
property under the terms and conditions of this Agreement.
J. In the event the Developer herein after transfers title to
such real property and is thereby divested of all equitable
and legal interest in said property, the City hereby agrees to
release said Developer from liability under this Agreement
with respect to any breach of the terms and conditions of this
Agreement occurring after the date of any such transfer of
interest.
K. Each and every term and condition of this Agreement shall be
deemed to be a material element thereof. In the event either
party shall fail or refuse to perform according to the terms
of this Agreement, such party may be declared in default. In
the event a party has been declared in default hereof, such
defaulting party shall be allowed a period of five (5) days
within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect
to: (a) terminate the Agreement and seek damages; (b) treat
the Agreement as continuing and require specific performance;
or, (c) avail itself of any other remedy at law or equity.
In the event of default of any of the provisions hereof by
either party which shall require the party not in default to
commence legal or equitable action against said defaulting
MOM
party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable
attorneys' fees and costs incurred by reason of default.
Nothing herein shall be construed to prevent or interfere
with the City's rights and remedies specified in Paragraph 3
E of this Agreement.
AT -TEST:
City Clerk
APPROVED:
I
!t�
,
City Attorney
Attest By:
THE CITY OF FORT COLLINS, COLORADO
A Muni ipal Corporati
By:
City Manager -
Everitt Enterprises Limited
Partnership No. 1, a Colorado
limited Partnership
By: Everitt Enterprises Inc.,
Managing tner
By: & i-
Robert S. Everitt Vice
President
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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.
Not applicable.
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EXHIBIT "B"
The Development Agreement: for Centre for Advanced Technology PUD - Filing 2
This exhibit is not applicable.
COST ESTIMATE FOR MAJOR DRAINAGE It,1PROVE11c"NTS
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. 5
(b) L.f. /L.f. S
(c) Ea. Ea. �-
�(d) Ea. Ea.
Sub -Total
2. Channel excavation, detention pond
excavation and riprap
Sub -Total
S
C.Y.
S
/C.Y.
$
C.Y.
$
/C.Y.
$
C.Y.
$
/C.Y.
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into thisr��� day of -2r
A.D. 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and Everitt Enterprises
Limited Partnership No. 1, a Colorado Limited Partnership, hereinafter
referred to as "the Developer,"
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:
Centre for Advanced Technology P.U.D., Second Filing,
located in Section 23, T. 7 N., R. 69 W. of the 6th 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 of the parties
hereto and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, it is agreed as follows:
1. General Conditions.
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the subject
property described above. For the purposes of this
Agreement, "development activities" shall include, but not
be limited, to the following: (1) The actual construction
of improvements, (2) Obtaining a building permit therefor,
or (3) Any change in grade, contour or appearance of said
property caused by or on behalf of the Developer with the
intent to construct improvements thereon.
B. 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
Council -approved standards and specifications of the City on
file in the Office of the City Engineer at the time of
approval of the utility plans relating to the specific
utility, subject to a two (2) year time limitation from the
date of execution of this agreement. In the event that the
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Developer commences or performs any construction pursuant
hereto after two (2) years from the date of execution of this
agreement, the Developer shall resubmit the project utility
plans to the City Engineer for reexamination. The City may
require the Developer to comply with approved standards and
specifications of the City on file in the Office of the City
Engineer at the time of resubmittal.
C. 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 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.
D. ,Ikny 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 has determined that any
water lines, sanitary sewer lines, storm sewer facilities
and/or streets are required to provide service or access to
other areas of the City, those facilities shall be shown on
the utility plans and shall be installed by the Developer
within the time as established under "Special Conditions" in
tizis document.
E. Except as otherwise herein specifically agreed, the Developer
agrees to install and pay for all water, sanitary sewer and
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storm sewer facilities and appurtenances, and all streets,
curbing, gutter, sidewalks, bikeways and other public
improvements required by this development as shown on the
plat, utility and landscape plans, on file with the City.
F. 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 individual lot
service lines leading in and from the main to the property
line.
G. The installation of all utilities shown on the utility
drawings shall be inspected by the Engineering Division of
the City and shall be subjected to such department's
approval. The Developer agrees to correct any deficiencies
La 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 supersede the standard specifications.
H. All storm drainage facilities shall be so designed and
constructed by the Developer as to protect downstream and
adjacent 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
requirements 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
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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 maintenance; (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 Developer by the
City. Approval of and acceptance by the City of any storm
drainage facility design or construction shall in no manner
bs 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, and subsequent purchasers of property in the
development.
I. The Developer shall pay storm drainage basin fees in
accordance 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
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and construction costs.
J. 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
construction.
2. Special Conditions.
A. Water lines.
Not Applicable
B. Sewer lines.
Not Applicable
C. Storm drainage lines and appurtenances.
The Developer agrees that all off -site and on -site
drainage improvements shall be completed prior to the
issuance of any building permits.
D. Streets.
(i) The Developer and the City agree that there is no
Street Oversizing reimbursement due to the Developer
from the City for this development.
(ii) The Developer agrees that the improvement of
Center Avenue from Shields Street to and including
the intersection of Worthington Court must be
completed as a separate project prior to the issuance
of any building permit for this development.
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 Engineer
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 City Engineer.
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. The Developer further agrees to maintain the
finished street surfaces free from dirt caused by his
operation. Any excessive accumulation of dirt and/or
construction materials shall be considered sufficient cause
for the City to withhold building permits and/or
certificates of occupancy until the problem is 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 the Developer's expense and the
Developer 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
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exceed 200,000 square feet for earthworks operations.
Temporary or 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 repl.at subsectuently
filed by the Developer, and the City may withhold such
building permits and certificates of occupancy as it deems
necessary to ensure performance hereof.
F. 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.
G. In the event the City waives any breach of this Agreement, no
such waiver shall be held or construed to be a waiver of any
subsequent breach hereof.
H. Financial obligations of the City of Fort Collins payable
after the current fiscal year and/or not appropriated or
budgeted are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available.
I. This Agreement shall run with the real property herein above
described and shall be binding upon the parties hereto, their
personal representatives, heirs, successors, grantees and
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