HomeMy WebLinkAboutBURGER KING AT RAINTREE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this T day of fi' suss
1989, by and between THE CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as "the City", and GSC RETAIL
DEVELOPMENT CORP., a Texas Corporation, hereinafter referred to as "the
Developer."
WITNESSETH
WHEREAS, the Developer is the Owner of certain property situated in the
County of Larimer, State of Colorado, and legally described as follows, to -wit:
BURGER KING AT RAINTREE P.U.D., being a Replat of a portion of
Tract "H" of Raintree P.U.D. Phase II, located in the Southeast 1/4 of
Section 22, Township 7 North, Range 69 West of the 6th P.M., in the City
of Fort Collins, County of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop said property and has
submitted to the City a subdivision plat and/or a site plan and landscape
plan, a copy of which is on file in the Office of the Director of Engineer-
ing 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 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 and landscape plan submitted by the Developer subject to certain
requirements and conditions which involve the installation of and construc-
tion 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 ade-
quacy of which is hereby acknowledged, it is agreed as follows:
RCPTN # 89036309 018/� 5'89 13 : 46: 38 # OF PAGFq 1 HE — $5 •00
M. RODENBERGER, RECORL LARIMER COUNTY CO STAT. IEE— $.�B
NOTICE
Please take notice that on April 24, 1989, the Planning and Zoning Board of
the City of Fort Collins, Colorado, approved the Final Site Plan known as
Burger King at Raintree, P.U.D., which development was submitted and
processed in accordance with Section 29-526 of the Code of the City of Fort
Collins. The Final Site Plan of the subject property together with the
development agreement dated August 4, 1989 between the City of Fort Collins
and the developer, out of which certain documents accrue certain rights and
obligations of the developer 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:
Situate in the Southeast Quarter of Section 22,Township 7
North, Range 69 West, City of Fort Collins, County of Lar-
imer, State of Colorado.
City Clerk S1
Ci
Planning and Zoning Board,
rt Collins
Dated:
CITY OF FORT COLLINS
OK
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 Director
of Engineering to the specific utility, subject to a three (3) year
time limitation from the date of execution of this agreement. In
the event that the Developer commences or performs any
construction pursuant hereto after three (3) years from the date
of execution of this agreement, the Developer shall resubmit the
project utility plans to the Director of Engineering 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 Director of Engineering 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. 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 Director of Engineering 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 this document.
E. 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 public improvements required by
this development as shown on the plat, utility and landscape
plans, and other approved documents pertaining to this
development on file with the City.
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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 inspect by the Engineering Department of the City and
shall be subject to such department's approval. 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 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 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 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, and subsequent purchasers of property in the
development.
The Developer shall pay storm drainage basin fees in accordance
with Chapter 26, Article VII of the City Code. Storm drainage
improvements eligible for credit or City repayment under the
provisions of Chapter 26 are described together with the
estimated cost of the improvements on the attached Exhibit "B",
which improvements, if applicable, shall include right-of-way,
design and construction costs. See Section 2.C, Special Conditions,
Storm Drainage Lines and Appurtenances, for specific
instructions.
-3-
J. The Developer shall provide the Director of Engineering 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.
(i) The Developer and the City agree that all on -site and
off -site storm drainage improvements shall be completed by
the Developer prior to the issuance of a certificate of
occupancy. Completion of improvements shall include the
certification by a licensed professional engineer that the
drainage facilities which service this development, have been
constructed in conformance with the approved plans.
(ii) The Developer agrees to provide and maintain erosion control
improvements as shown on the approved utility plans to
stabilize all over -lot grading in and adjacent to this
development. The erosion control improvements must be
completed prior to the issuance of any building permits.
D. Streets.
(i) The Developer and the City agree that no street oversizing
reimbursement is due the Developer 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
Director of Engineering 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 of Engineering.
B. The Developer shall, at all times, keep the public
right-of-way free from accumulation of waste material or
rubbish caused by the Developer's operation, shall remove
such rubbish no less than weekly and, at the completion of
-4-
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 the Developer's 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 Director of
Engineering. 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
erodible earth material exposed at any one time shall not
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 and related
documents, or on any replat subsequently 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.
MIS
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 assigns. Assignment of interest within the
meaning of this paragraph shall specifically include, but not
be limited to, a conveyance or assignment of any portion of
the Developer's real or 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 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. In such event, the succeeding property owner shall
be bound by the terms of this Agreement.
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.
L. In the event the 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
party, the defaulting party shall be liable to the
non -defaulting party, the defaulting party shall be liable to
the non -defaulting party for the non -defaulting party's
reasonable attorney's fees and costs incurred by reason of
the 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.
10
ATT ST:
City Clerk l
APPROVED AS TO FORM:
ircctor rngincering
City Attorney
ATTEST:
By:
Ph Vaughn, S retary
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:_
C
City Manager
DEVELOPER:
GSC RETAIL DEVELOPMENT CORP.,
a Texas Corporation
By: '9 ..014 4- '"
Scott Smith, President
(corporate seal)
-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.
Not applicable.
-8-
EXHIBIT "B"
The Development
Agreement for BURGER KING AT RAINTREE P.U.D.
Not applicable
COST ESTItIL,"JE FOR MAJOR DRAPIAGE
I� PRO'rE;EIITS
Include
only those major storm drainage basin improvements
required by
an adopted
basin
master
plan.
ITEii
DSCRIPTI01] 0UA'dTITY
U'IIT
COST
TCT.,-.L COST
1.
Storm•se,,,ier, manholes, end sections, etc.
( a)
L.f.
/L.f.
S
(b)
L.f.
/L.f.
S
(c)
Ea.
Ea.
S
�id)
Ea.
Ea.
S
Sub -Total
S
2.
Channel excavation, detention pond
excavation and riprap
(a)
C.Y: S
/C.Y.
S
(b)
C.Y. S
/C.Y.
S—
(c)
C.Y. S
/C.Y.
S
Sub -Total S