HomeMy WebLinkAboutCREGER PLAZA - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this °' day of 1991L, by
and between the CITY OF FORT COLLINS, COLORADO, a Municipar Corporation,
hereinafter referred to as the "City"; and Mason Street L.L.C., a Colorado limited liability
company, hereinafter referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated in the
County of Larimer„ State of Colorado, (hereafter referred to as the "Property") and legally
described as follows, to wit:
Lot 8, Creger Plaza Subdivision - Mason Street L.L.C. Facility, a tract of land
located in the Northeast quarter of Section 35, Township 7 North, Range 69 West
of the Sixth Principal Meridian, City of Fort Collins, County Of Larimer, State of
Colorado.
WHEREAS, the Developer desires to develop the 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 City's Director of Engineering and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City utility plans for the
Property, 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 the Property
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 requires nents and conditions
which involve the installation of and construction of utilities and other municipal
improvements in connection with the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it is agreed as follows:
I. General Conditions
EXHIBIT "A"
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. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
10
EXHIBIT "B"
NOT APPLICABLE
11
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this a day of jOKI �
199/ , 7, by and between the CITY OF FORT COLLINS, COLORP-7DO, a
Municipal Corporation, hereinafter referred to as the "City"; and
GARY DYEKMAN, an individual, 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, (hereafter
referred to as the "Property") and legally described as follows, to
wit:
LOT 9, CREGER PLAZA SUBDIVISION, a tract of land located in
the Northeast 1/4 of Section 35, Township 7 North, Range 69
West of the 6th P.M., City of Fort Collins, County of Lar_mer,
State of Colorado.
WHEREAS, the Developer desires to develop the 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 Engineering and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City
utility plans for the Property, 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 the Property 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 construction of utilities and other municipal improvements
in connection with the Property.
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:
I. General Conditions
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the Property. 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 at the time of approval of the utility plans relating
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 lines and streets (including
curb, gutter and sidewalk and pavement with at least the base
course completed) serving such structure have been completed and
accepted by the City. Notwithstanding the foregoing, the Developer
shall be entitled to receive a footing and foundation permit for
the construction of improvements within the development upon the
installation of access to provide fire protection and other
emergency services to the site during construction. Adequate water
lines and fire hydrants shall be installed prior to the Developer
being allowed to place combustible materials on the site. All such
access (temporary or permanent) completed prior to footing and
foundation permit and water lines and fire hydrants (temporary or
permanent) completed prior to the placement of combustible material
on the site shall be accepted by the Director of Engineering. No
building permits shall be issued for any structure located in
excess of nine hundred feet (9001) 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
2
any water lines, sanitary sewer lines, storm drainage 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 drainage facilities and appurtenances, and all streets,
curbs, gutters, sidewalks, bikeways and other public improvements
required by this development as shown on the plat, site, landscape
and utility plans, and other approved documents pertaining to this
development on file with the City.
F. Street improvements (except curbs, gutters 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
plans shall be inspected 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
plans 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 (and
other lands as may be required, if any). The Developer shall meet
or exceed the 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 that
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
relinquishmer.Lt 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
3
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 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 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 II.C, Special Conditions, Storm
Drainage Lines and Appurtenances, for specific instructions.
J. The Developer shall provide the Director of Engineering
with certified Record Plan Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the construction.
K. The :Developer specifically represents that to the best of
its knowledge all portions of the Property dedicated to the City
associated with this development are in compliance with all
environmental protection and anti -pollution laws, rules,
regulations, orders or requirements, including solid waste
requirements, as defined by the U. S. Environmental Protection
Agency Regulations at 40 C.F.R., Part 261, and that such portions
of the Property as are dedicated to the City pursuant to this
development, are in compliance with all such requirements
pertaining to the disposal or existence in or on such dedicated
property of any hazardous substances, pollutants or contaminants,
as defined by the Comprehensive Environmental Response Compensation
and Liability Act of 1980, as amended, and regulations promulgated
thereunder. The Developer does hereby indemnify and hold harmless
the City from any liability whatsoever that may be imposed upon the
City by any governmental authority, pertaining to the disposal of
hazardous substances, pollutants or contaminants, and cleanup
necessitated by leaking underground storage tanks, excavation
and/or backfill of hazardous substances, pollutants or
contaminants, or environmental cleanup responsibilities of any
nature whatsoever on, of or related to any property dedicated to
the City pursuant to this development. The Developer further
agrees to indemnify and hold harmless the City from any claims or
actions based directly, indirectly or in any manner on any of the
aforementioned environmental risks brought against the City by
third parties arising as a result of the dedication of portions of
the Property to the City pursuant to this development. Said
indemnification shall not extend to claims, actions or other
liability arising as a result of any hazardous substance, pollutant
or contaminant generated or deposited by the City, its agents or
representatives, upon portions of the Property dedicated to the
City pursuant to this development.
4
II. Special Conditions
A. Water Lines
Not Applicable
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and
off -site storm drainage improvements shall be completed by the
Developer in accordance with the approved plans prior to the
issuance of any certificate of occupancy. Completion of
improvements shall include the certification by a licensed
professional engineer that the drainage facilities which serve this
development have been constructed in conformance with said approved
plans. Said certification shall be submitted to the City at least
two weeks prior to the date of issuance for any certificate of
occupancy.
2. 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 Developer shall also be required to post a security deposit in
the amount of $ 2,227.50 prior to beginning construction to
guarantee the proper installation and maintenance of the erosion
control measures shown on the approved Plan. Said security deposit
shall be made in accordance with the criteria set forth in the
Storm Drainage Design Criteria and Construction Standards.
D. Streets
1. The Developer and the City agree that no street
oversizing reimbursement is due the Developer for this development.
E. Hazards and Emergency Access.
1. No combustible material will be allowed on the site
until a permanent water system is installed by the Developer and
approved by the City.
2. Prior to beginning any building construction, the
Developer shall provide and maintain at all times an accessway to
said building or buildings. Such accessway shall be adequate to
handle any emergency vehicles or equipment, and the accessway shall
be kept open during all phases of construction. Prior to the City
allowing combustible material on the site (other than forming
material for concrete footings, foundations and/or concrete walls)
such accessway shall be improved to a width of at least 20 feet
5
with 4 inches of aggregate base course material compacted according
to City Standards and with an 80 foot diameter turnaround at the
building end of said accessway. The turnaround is not required if
an exit point is provided at the end of the accessway.
3. The issuance of any building permit by the City is
made solely at the Developer's own risk and the Developer shall
hold the City harmless from any and all damages or injuries arising
directly or indirectly out of the issuance of said permit prior to
the completion of the requirements in accordance with Section 29-
678 of the Code of the City.
III. Miscellaneous
A. The Developer agrees to provide and install, at its
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 completed and 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 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
so that they are 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 agrees that it will require its
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 and welfare.
D. 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 any
replat as subsequently filed by the Developer, and the City may
C
withhold such building permits and certificates of occupancy as it
deems necessary to ensure performance hereof.
E. 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.
F. 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.
G. 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.
H. This; Agreement shall run with the Property and shall be
binding upon the parties hereto, their personal representatives,
heirs, successors, grantees and assigns. It is agreed that all
improvements required pursuant to this Agreement touch and concern
the Property regardless of whether such improvements are located on
the Property. 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 Property, as well as any assignment of
the Developer"s rights to develop the Property under the terms and
conditions of this Agreement.
I. In the event the Developer transfers title to the Property
and is thereby divested of all equitable and legal interest in the
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.
J. Each and every term of this Agreement shall be deemed to
be a material element hereof. In the event that either party shall
fail to perform according to the terms of this Agreement, such
party may be declared in default. In the event that a party has
been declared in default hereof, such defaulting party shall be
given written notice specifying such default and 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.
K. In the event of 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
7
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 III.D of this Agreement.
L. The Owner is made a party to this Agreement solely for the
purpose of subjecting the Property to the covenants contained in
this Agreement. The City and the Developer expressly acknowledge
and agree that the Owner shall not be liable for any obligations of
the Developer under this Agreement, unless the Owner were to
exercise any of the rights of the Developer in which event the
obliaations of the Developer shall become those of the Owner.
M. This Agreement shall not be construed as or deemed to be
an agreement for the benefit of any third party or parties, and no
third party or parties shall have any right of action hereunder
for any cause whatsoever.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
BY
�C3ty Mang
A' Th^S TC1:
CITY CLERK
APPROVED AS TO CONTENT:
Director ot Engineeri'j
APPR ED AS TO FORM:
(Aj
City Attorney
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. 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 the.*eon.
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 at the time of
approval of the utility plans relating 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 urtil the water lines, fire hydrants, sanitary sewer lines and
streets (including curb, gutter ,and sidewalk and pavement 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 nine hundred feet
(900') 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 drainage 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 drainage facilities and appurtenances, and
all streets, curbs, gutters, sidewalks, bikeways and other public improvements required by
this development as shown on the approved plat, site, landscape and utility plans, and
other approved documents pertaining to this development on file with the City.
F. Street improvements (except curbs, gutters and walks) shal, 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.
E
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. Schedule of storm drainage improvements to be installed out
of sequence.
Not Applicable.
F]
EXHIBIT "B"
NOT APPLICABLE
10
:I'C.ra _:�J`l is made c�L� d eilt:'.rE CI 1i1tU tt'11:3 — _ 1 ' — - r c U
A-D. _l9"1Z, by GTIa �}*�t6�_ez1 `z'FEC=C`i 0' ft�':ri Ci)I.
rii'; .1r cl riltl2tlCt0c �1 CG-xra on '�ierel ;�i`E'r SU;rc'LIP
S clesi� Iat _'' �-S tip
4 _ _
----- -y--- hereinafter designate as the "Developer",
WI`INESS&EH
td—e Omer of ce t�.in property ? ' � o rty situate 3.n the Co �1ty
or L•ar.a:-t,e : -u,�I SS_.at e of Colors: o and legally cescrlrtYl as follc.es:
C.'N' ' 12 'C �?A, S:!_~L]i.ite in the northeast q of Section 35, Tumship % No--tC2, Pange .
69 West- of the Si:Vth P.M., City of Fo t Collins.
T- ;, ,,1�-- y as a comrercial
�`t"_.__. es �. �o develop csaid r.;r_a rt
,_i is-,s sub �i t tc._� -t_o the City
`;i].V nIl a:.. ` c Sill cll`715.'_On nr1't -3i c7 sit--
r_
:1_c:> 'tU }":c� Ci�V_'.0j:�'r�.�l � S d �.Lc�T).T�:"�Q t.'ill"%". vevLlOpm:'S:--) , a COp�- J1_
'S:'"1 is on f10 i [: the OifI.c o�and -Iby 17E reference
L ��Z�
r.
is i jAi'C i= i'.^rC•O
OC1'Y-aC1LCCtthe City cLt1�lplan Th- fur xtT
S%i l? 1�, c CU'JV O. �J'P_ZCII 1S On _ll l.it t�i O fzce o= t_Tl? _y En_
' �,_ �d
1. Czt"�1i1'
by this re er nc^ m_-[d.e a p•-n— hero-)f_; and
r,. �' r• J heroi;C have acC re:"_il, that tho d?- velopxenL of S ..L::[
r..-!u--ic i -Lvjj services i ra : the City in or_dcr to sc_ ve suc -
�[ 1 :i.11 fIz[_ her r�:1z is� th i.ns�allaFio^ of ceLt.ain :pro';t_�rrL.: pr_a ril,
_ tJ ".�. 1.�I1Cic, �J �s' Cr lCC t clll:l I'tJ CO Erie[ City O:E'O = t C011tt o
a '_1ol.e; am
_ l_r, sui--(I,.V"�.E:L0'; pE?: 1;.a :?ic
t0 irci"L<lJ.Il
coxl'li_? ions %"'h ^h i av" tr e 1Tlst�llation of and coast.- '-loll of utilities c�Zu
cs<hac municipal improve--ouents Ln cc_iriecti.on with said lands.
N�J;,l, i 11-10' F, in consideration of the praxises and the terms and conditions
h�-'e_i_n scat ll and f0 other valucJble conslderat-ion, the ad•^_cp a y o:: v;b-ich is
ac uiawIc-dgedt by the parties hereto, it is agreed as follo.ls:
1. Except- as otneifwise hwrein specifically agreeed, the Developer agrees
to ii s}_ail D.nd pay for all utility lir?S, storm drainage facilities, streets
ard other municipal _facilities necessary to serve the lands within the su-',division.
2. Water Lines.
a. Levelo�er L:n-larstards and agrees t'r.at no building peri it for any
ti'U tL'� In the SU i-vision shall l_ be issu?di by t!-.Le City until the water 1_-i-ne
Eic-,J the fire hvdraat serving such structure is in_t).11eJ' and. accented by the
C-_L 7
�. rle'�understands thi�l_t�the L Y' U-1-- l �-1 n 1 W;Iether
b. � J';1._rt _ tz._al �.�_E'rlTt_t_:a.�_Ol_ c S to a .i
wti _ _ _r_vic_ for "t l s subdivision ? S to be p__vvic-! uy ui_ ClU.Y iJ:- i:J a
d1SLI:ic'- rl no— b; m i[' ue a:l`a will not he I['z 1�i >>1Yti 1 Gi"G i
1 `•7 the U7 -haiI SeY_ zic?S Cr-=,-.ttL�e. If tr_e decision is to allos,7 this sul- vi.slon
to s _-rvcd by t1he City [-,rater systa ,, the developer, agrees to surYnit an
�1C3d '! ail to the utility plans showing all necessc1Cy revisions requested hV
-Uh-- City Engineer to -the pre'LL-iinary :eater utilities.
c. Such �,,-a'_-er lines shall be installer? in full cc<rpliance tna
st-lr:lar_d sp�ecificarions of the City on file in -the office of the City Zr-r7i —
a'.�ic'. a ; ii��. l e pro,=isions he ; n to tine installa� ion of
p n r-b_ of t_._ Ci _y C a_ rela�,.g
Such ILIes.
d. Any water lines descri:x-,al on '��hihit A, attached hereto shall
within tl!�. "t_u._2 relui----I on nibi` A. If the City rineor dote_r,_-- es
any lines Shc .:n on the utility pl=s are mired to provide service to
ar`:=cls of tl" Ci-tyi , ti:ose ' Ll eS sha-11 be installed within the time r T-e:rmL. ad
h-y i,1 City Fnginoer .
c. DeveloX`eL lnder;;cands and agrees that if '_ai-' water service 1s
��rovid:�3 by the City, the systf 11 serving this sub-3ivision sha'_._ incl 'd:
Lines sho .m on the prelzotLm ry an-3/or rev Used water utility plans,
plus a 12-inch wale. line- along College Avenue and a 20 or 24-inch water
line in horsetaoth Roar. The exact size of the line in Horsetooth Road
shall he irate:: incd by the Ci t_v Water Utility. All of said lines shhall be
inst,�ill: d at the sole ex nse of the Laveloper, except. tha. the City shall
pay that ad _lido_ al cost of installing a 20 or 24-inch lime rather than a
12-inch line in Hor_setooth Road.
f. Tile installation of said line shall he insp a,_ted by the Engin e-ring
Sn``Vwcc r?v -9.rtnient of t tce City and shall be gabject to slli;h depa mariLl s
ny1 '.(1 T.a n�� - fir i� ,� .�, r e �y i . ?y` e c s i _,.� -� i.
a�� � 1. Bev �lor r a_:rees �v co' r ct any c1 :E ^i Zci _ iul ch yn gall _ o,
i11 cr'_,t_.,. to m- L th:_ rocr'air`:,.e.nt_, of the pl_�Jns amend -the spci:_caticns 1p a-
};)1,:; to Bach installation.
3. S=.nitlry Se,,;., r Collection Lines.
a. The L�veloLy " agrE—es -to i stall all collection
n. �-�'� _ ) .E- ^n i - `y T i -__r n s ama be oil P b -c-,
l 's i :v', n i lc Lt1 �__t1 plans, illc�il_._L "th _ or off ts°l , t j--. L
property.
b. Such s� :zit_C _ y s:�,,v^r linss shall b? install �l in r� 1_l coi pli xnce
1Ti t[7 *, St'Tl _i l cr)�� ' i + e ] - , l n F i_.
u Ltic�� �?s of h C' .. cn fi i_n th _ ofL].`e o_ the City
Lr:g:inear relating to the installation of such lines.
C. urc'erstarz?s and ag-cees that no building per- Lt Shall b�
i.."ti,u:.ec1 b'ir tr Cyty for any struct1]V.e in, the subdivision until the saniLlry
..
is IZe SNrV1_l'_i s..lch strlc.i �lre 1S 1nstc�.11 1 anted accepted bx- "t le C1t�j.
d. A'2y sc.nitary Se ,.'a lines describeG on EX1-ii1bit AT attar- ed her-_ <-o
-e installed
the t D.-e
rE=�,u_ai ed on Eiihilbi A.
Z- the City
C iTt:TC'a_?2 S t1,a7 `'".ly
utijiil:, ?]_77nS dtr:c
r_' ':irecl to 2ri�;.'a,`
t0 0l_?'l�r ci�. 5 U�
t�,e CL�.,11
i_.. Dse 1Ln" ; shall hx-_
�n.,czll^,? witlit n
A
e. P11. of said lix).es shall be installed at the sole exroense of the
f . ri-In : installation rallation of said lines shall b inspec- LE d by 'the
Sc'_'7,,1ces Department of the city and subject to Such deep c rtmant' s ann-fo,7al.
Teveloler a•Dr•ee.s to correct any deficiencies in such installation in ord�Y to.
ITICit the rC �Rli� =C ',. tS of the plans and the SpY:cifications applicable to such.
Lnstallati.on .
4. ElMtsic Lines and Facilities. The City Light and Pcc,,er De oxLm�ent
shall a.L electri_c distribution lines and fa^i_l_ities regw-red for the
subject prot>2r :y and the Develop-r shall Y, a- y for such work in accordance with
t'h 2SL hl.i ;til _'Ci Cal :rCj S Oi the Liyflnt and De =ar tm?e lt. Such. ii'istal Zat—l" On
�;n 111 include all street lights rc yui_red for LhL- CI e , en`.
5. Stor_m Seu;er Lines wn( Facilities.
a. The Developec shall install all storm se,.;er lines and facilities
; n`JS`�i1 on ta110 litl_�_.1ty plan5.
b. `.LhelOG'r of tills s1�il3lvisi; m and t1he aimnels of tha
proper Lies so tl of tih.?_ 1,<at1 ,I]_Si n Dave entered into an agree-ment to
Have an engiile=iing study done regard:;__ng the dispOsal of wAe:_, on, � id
an,a d v.='.lop alternative s011't_'_.ons to drain and ref1.11 an e:'i1 t.l_i7y
r�1 1 and provide &F: ec"tive. Stoi Tl drainage on said pro Y3rtia5 should Uqe final
zarLlved at in said s-L ly r&-inairc_' aaditional storm
andfeN drai_lage .Faicilities within this subdivision, the I?-evelorer agrees tr:
install such a,0-Jut'o1 :1 drainage irproveme nt at his e?eelse.
c. r_�ve'o�a�r. LL_der-s�,7 ds and agr�:-'-es that_ each lot shall provide
de-Lention facilit..ies such t_^cat the total_ rate of ranoff from the develo :�?
does not t-hit rat^ of runoff from. thr _, site in its historical
CCCD„ Li=1pn for c1 sto,Tii Of CC_i_✓, frEquancv. Tile r_it`. O: r nolfr from the
s'rhal1 !l:: a.ccom 'd i_2r i,- L%e cc?, ^'al 3tl_CZI1 Of tl�e allv': 1.D1^ ra1-e Gi
= for ej .ctn i 1 ,cl <<✓ ii _ al to C. as a pf'rcc ntdg COriL S i :d1 ng tO -the
L L'
5
of the area of the in idual lot in relation to th.e t zl ar a. of all lots.
d. Such storm sewer lines and facilities shall he install^d inn full
cr<<pliance with the st zz9-sd sp�^ci.fications of t�Z, City on file in the office
of -be City Engineer- relating to the installation of such lines.
e. Developer agrees to c a-plete the detention facilities for each
lot prior to the issuance of a certificate of occupancy by the City for any
stn"cture on tbat lot.
f. P11 of said lines a.n(l facilit i _s shall be ccns'=cted in an
orderly fas'ni.c:i, as de}e-,miized by the C:*_ Engineer, so as to pre7vent
&21aCj ' '�[] Oti::'i" Utll_lt1�S, 5tre?t.S, CLYb,. Cjutt e. r, sidewa I:s, and all adj ZCent-
g. All of said facilities shall be installed at the sole e;�nse
of the Developer.
a- C. Tile installa-tion of all of such _tines and facilit— s's shali L — 1n-
c tf .e Fd i -ine-erirg Services L �epa-r- r ent of the City a cl sF gall he sCbj c t:
tO ci^pY'OV 1. ' to coriCe •L and defici- De„elo; � c c s y ies
]11 such J_n S F :t17_ I 1C'? ? n ordlc= t0 meet the re 1uirc m.,:'_nts of "L :e plc'l_'1_s and file
c?p:.J11_cu�)le t0 U'1CF:i L1SL?.11dt1.0:'2.
6. Streets.
a. The Developer agrees to install all streets shovm on the utility
pl ris, complet- with paving, c=b,, gutter and sidewalks..
b. S�,ch streets sell be, installed in full cc_ ipliance wit-- t..i''_e
s uzdard specLf-cati.o:�s of the City on file in the office of the City r�Cli� ce
reLciLing to tic_' 1T17L `ilcltlC of such streets.
C. No build r_,-r pr-,rrL _` for the. C'OliStrUCL- O:L �lilj' SLZr" — rc 1n t�le
:1 Vision sly all i r? 15st t+ l ray the (City until the scree-- p-Lo-"Tip i nCt access to
15 j1TiOrQ''�I L,Lth at least the C'L::TC b;a �
� � 1 �
::) Jlll�_C1..CCj per i - .` t: � 1 I:]: lssu 1 ;)y t '' City for ail<< Cruc':lLre loc a1-:'. in
of G '�O fee'- frC:i7 a SLT'_r!le Alit Oi acc.---st
5
d. Any scree -Ls descr yed on A, attac1h d hereto, shall
ccxmpletely installed with the time required on E-Zhi.bit 1�. If the City
determines that any st: eetss sho,'n On the Utility pleas are recpdre,'i -to
rovid-a access to other areas of the City, ti'xDSe streets shall be installed
wi thin the tuner {ai red by the City rr:gi neer.
e. All of said streets s' .11 be insta? led at the sole ex..ense oz t e
eve Lo r, exc �t the City s all pay that additional cost to install
'florsetoct'n Roac, as 1 arterial rather t 4iPas a rEsiC^i'-Lil street, includin
g
thy: cost of constructing a 7' bikEnvay rather than a 4' sidewalk.
f. Dev loi%'.�.r--gr`✓es to cOrrE-(--t any, deficiencies sSl s'tch i_nstallaLj:,n
y ., crier to tY i _r _s Of the plans and 'the sp �ci.Eications appiicablp
to such instal=' a`.io.� .
g. St.r��mpit �rov:r:ants shall not he installedzmnti.l all utility li es
to plac Ya In 1 e scree-` "1 ". be., n commp e t --1 yinstalled and y, l l s .a --rice s i
L� t y C._.: LQ
lots _-_,,c ..,eer, : in , ___ 1_ . i for =r::-iin utility _roes to the pror._ri.v
Iin .
7. Othe._ I'wquiremvnts .
a. T! -s agr_e:�ren s?,all h� bind szg upon the pa ties hereto, t� it
ljel _-s, perso�al repre sentatives and assigns.
7
b. ljbt�hing hero-,Ln cont--LicKll shall be co.astn-Led as a v,aiver of any
rcc in t1he City Subdivision O.rdinance, or any other provisions
of the City Code and the Developer agrees to ccimply with all recjuireirr?E=nts
of the same.
'7117-"
City Clark'
D-Lr.z-,�tor o4L: Public ,,orks
THE C:[TY OF FORT COLLINS. MI-DIRPDO
I
Develop -
Tit 0
Fx1IBIT A
]c.]_e: of .:mot-er lim^s -to lx� stalle, out of seise: ce.
Not Applicable
Sci:_:lul:_ Of s,-«L�
-:- 'tary lir_--
c " to be installed out Of scCT-E'nce.
��,.�r
Not I�ppp icable
O :� -� <<k G"r ^t i ' 1 �5 to be installed out of se:i enca? .
Not ;�p2licable
L
G. The installation of all utilities shown on the utility plans shall be inspected 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 ;n order to meet the
requirements of the plans and/or specifications applicable to such installation. In case of
conflict, the utility plans 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 (and other lands as may be required, if any). The
Developer shall meet or exceed the 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 Property 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 that 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 Colorado 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
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 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 II.C, Special Conditions,
Storm Drainage Lines and Appurtenances, for specific instructions.
J. The Developer shall provide the Director of Engineering with certified Record
Plan Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase
of the construction.
K. The Developer specifically represents that to the best of its knowledge all
portions of the Property dedicated to the City associated with this development are in
compliance with all environmental protection and anti -pollution laws, rules, regulations,
orders or requirements, including solid waste requirements, as defined by the U. S.
Environmental Protection Agency Regulations at 40 C.F.R., Part 261, and that such
portions of the Property as are dedicated to the City pursuant to this development, are in
3
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this G �day of FeYyl ,rtttj
199 ', by and between the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as the "City" and
RAINEY CORBYN, an individual, hereinafter referred to as the
"Developer".
I:lYY�1�XY�Y_Y:�
WHEREAS, the Developer is the Owner of certain property
situated in the County of Larimer, State of Colorado, (hereafter
referred to as the "Property") and legally described as follows, to
wit:
SOUTH FORT COLLINS VETERINARY CENTER P.U.D. located on Lot 7,
Creger Plaza Subdivision, City of Fort Collins, County of
Larimer, State of Colorado.
WHEREAS, the Developer desires to develop the 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 Engineering and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City
utility plans for the Property, 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 the Property 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 construction of utilities and other municipal improvements
in connection with the Property.
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:
I. General Conditions
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the Property. 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 at the time of approval of the utility plans relating
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 lines 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 (6601) 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 drainage 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 drainage facilities and appurtenances, and all streets,
curbs, gutters, sidewalks, bikeways and other public improvements
required by this development as shown on the plat, site, landscape
and utility plans, and other approved documents pertaining to this
development on file with the City.
2
F. Street improvements (except curbs, gutters 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
plans shall be inspected 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
plans 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 (and
other lands as may be required, if any). The Developer has met or
exceeded the 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 that
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.
I. 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 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 II.C, Special Conditions, Storm
Drainage Lines and Appurtenances, for specific instructions.
J. The Developer shall provide the Director of Engineering
with certified Record Plan Transparencies on Black Image Diazo
3
Reverse Mylars upon completion of any phase of the construction.
K. The Developer specifically represents that all portions of
the Property dedicated to the City associated with this development
are in compliance with all environmental protection and anti-
pollution laws, rules, regulations, orders or requirements,
including solid waste requirements, as defined by the U. S.
Environmental Protection Agency Regulations at 40 C.F.R., Part 261,
and that such portions of the Property as are dedicated to the City
pursuant to this development, are in compliance with all such
requirements pertaining to the disposal or existence in or on such
dedicated property of any hazardous substances, pollutants or
contaminants, as defined by the Comprehensive Environmental
Response Compensation and Liability Act of 1980, as amended, and
regulations promulgated thereunder. The Developer does hereby
indemnify and hold harmless the City from any liability whatsoever
that may be imposed upon the City by any governmental authority,
pertaining to the disposal of hazardous substances, pollutants or
contaminants, and cleanup necessitated by leaking underground
storage tanks, excavation and/or backfill of hazardous substances,
pollutants or contaminants, or environmental cleanup
responsibilities of any nature whatsoever on, of or related to any
property dedicated to the City pursuant to this development. The
Developer further agrees to indemnify and hold harmless the City
from any claims or actions based directly, indirectly or in any
manner on any of the aforementioned environmental risks brought
against the City by third parties arising as a result of the
dedication of portions of the Property to the City pursuant to this
development. Said indemnification shall not extend to claims,
actions or other liability arising as a result of any hazardous
substance, pollutant or contaminant generated or deposited by the
City, its agents or representatives, upon portions of the Property
dedicated to the City pursuant to this development.
II. Special Conditions
A. Water Lines
Not Applicable
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and
off -site storm drainage improvements shall be completed by the
Developer in accordance with the approved plans prior to the
issuance of the first certificate of occupancy. Completion of
improvements shall include the certification by a licensed
professional engineer that the drainage facilities which serve this
4
development have been constructed in conformance with said approved
plans.
2. 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 Developer is also required to post a security deposit prior to
beginning construction to guarantee the proper installation and
maintenance of the erosion control measures shown on the approved
Plan. Said security deposit shall be made in accordance with the
criteria set forth in the Storm Drainage Design Criteria and
Construction Standards.
D. Streets.
1. The Developer and the City agree that no street
oversizing reimbursement is due the Developer for this development.
III. Miscellaneous
A. The Developer agrees to provide and install, at its
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 completed and 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 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
so that they are 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 its subcontractors shall
cooperate with the City's construction inspectors by ceasing
operations when winds are of sufficient velocity to create blowing
61
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 development at the
earliest practicable time. By way of explanation and without
limitation, said control may consist of seeding with 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 any
replat as 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.
I. This Agreement shall run with the Property and shall be
binding upon the parties hereto, their personal representatives,
heirs, successors, grantees and assigns. It is agreed that all
improvements required pursuant to this Agreement touch and concern
the Property regardless of whether such improvements are located on
the Property. 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 Property, as well as any assignment of
the Developer's rights to develop the Property under the terms and
conditions of this Agreement.
J. In the event the Developer transfers title to the Property
and is thereby divested of all equitable and legal interest in the
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.
E
K. Each and every term of this Agreement shall be deemed to
be a material element hereof. In the event that either party shall
fail to perform according to the terms of this Agreement, such
party may be declared in default. In the event that a party has
been declared in default hereof, such defaulting party shall be
given written notice specifying such default and 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 of 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 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 III.E of this Agreement.
ATTEST:
CITY CLERK
APPROVED AS TO CONTENT:
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
City Manager
DEVELOPER:
By:
Rainey Corbyn, an ndividual
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. Schedule of storm drainage improvements to be installed out
of sequence.
Not Applicable.
3
EXHIBIT "B"
NOT APPLICABLE
n
compliance with all such requirements pertaining to the disposal or existence in or on such
dedicated property of any hazardous substances, pollutants or contaminants, as defined
by the Comprehensive Environmental Response Compensation and Liability Act of 1980,
as amended, and regulations promulgated thereunder. The Developer does hereby
indemnify and hold harmless the City from any liability whatsoever that may be imposed
upon the City by any governmental authority, pertaining to the disposal of hazardous
substances, pollutants or contaminants, and cleanup necessitated by leaking underground
storage tanks, excavation and/or backfill of hazardous substances, pollutants or
contaminants, or environmental cleanup responsibilities of any nature whatsoever on, of
or related to any property dedicated to the City in connection with this development. The
Developer further agrees to indemnify and hold harmless the City from any claims or
actions based directly, indirectly or in any manner on any of the aforementioned
environmental risks brought against the City by third parties arising as a result of the
dedication of portions of the Property to the City in connection with this development. Said
indemnification shall not extend to claims, actions or other liability arising as a result of any
hazardous substance, pollutant or contaminant generated or deposited by the City, its
agents or representatives, upon portions of the Property dedicated to the City in
connection with this development.
II. Special Conditions
A. Water Lines
Not Applicable
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and off -site storm drainage
improvements shall be completed by the Developer in accordance with the approved plans
prior to the issuance of any Certificate of Occupancy for the development. Completion of
improvements shall include the certification by a professional engineer licensed in
Colorado that the drainage facilities which serve this development have been constructed
in conformance with said approved plans. Any deviations from the approved utility plans
shall be the responsibility of the Developer to correct prior to th') issuance of any
Certificate of Occupancy. Said certification shall be submitted to the City at least two
weeks prior to the date of issuance for any Certificate of Occupancy.
2. 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
4
this development. The Developer shall also be required to post a security deposit in the
amount of $1,300.00 prior to beginning construction to guarantee the proper installation
and maintenance of the erosion control measures shown on the approved Plan. Said
security deposit shall be made in accordance with the criteria set forth in the City's Storm
Drainage Design Criteria and Construction Standards (Criteria). If, at any time, the
Developer fails to abide by the provisions of the approved utility plans or the Criteria, the
City may enter upon the Property for the purpose of making such improvements and
undertaking such activities as may be necessary to ensure that the provisions of said plans
and the Criteria are properly enforced. The City may apply such portion of the security
deposit as may be necessary to pay all costs incurred by the City in undertaking the
administration, construction and/or installation of the erosion control measures required
by said plans and the Criteria.
3. The !Developer shall obtain the City's prior approval of Lny changes from the
approved utility plans in grade elevations and/or storm drainage facili-ty configuration that
occur as a result of the construction of houses and/or development of lots, whether by the
Developer or other parties. The City reserves the right to withhold the issuance of building
permits and certificates of occupancies for the development until the City has approved
such changes as being acceptable for the safe and efficient delivery of storm drainage
water.
D. Streets.
1. The Developer and the City agree that no street oversizing reimbursement
from the City is due the Developer for this development.
2. The Developer and the City agree that the Developer is responsible for all
costs for the initial installation of traffic signing and striping for this development related
to the development's local street operations. In addition the Developer is responsible for
all costs for traffic. signing and striping related to directing traffic access to and from the
development (eg. all signing and striping for a right turn lane into the development site).
F. Hazards and Emergency Access.
1. No combustible material shall be allowed on the site of the development until
a permanent water system is installed by the Developer and approved by the City.
2. Prior to beginning any building construction, the Developer shall provide and
maintain at all times an accessway to said building or buildings. Such accessway shall be
adequate to handle any emergency vehicles or equipment, and the accessway shall be
kept open during all phases of construction. Prior to the City allowing combustible material
on the site (other than forming material for concrete footings, foundations and/or concrete
walls) such accessway shall be improved to a width of at least 20 feet with 4 inches of
aggregate base course material compacted according to City Standards and with an 80
5
foot diameter turnaround at the building end of said accessway. The turnaround is not
required if an exit point is provided at the end of the accessway.
III. Miscellaneous
A. The Developer agrees to provide and install, at its 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 completed and 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 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 so that they are 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 agrees that it will require its 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 and welfare.
D. 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 any replat as
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.
E. 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.
F. 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.
G. 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
21
appropriated, budgeted and otherwise made available by the City of Fort Collins Council.
H. This Agreement shall run with the Property and shall be binding upon and inure
to the benefit of the parties hereto, their respective personal representatives, heirs,
successors, grantees and assigns. It is agreed that all improvements required pursuant
to this Agreement touch and concern the Property regardless of whether such
improvements are located on the Property. 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 legal or equitable interest in the Property, as well as any
assignment of the Developer's rights to develop the Property ender the terms and
conditions of this .Agreement.
I. In the event the Developer transfers title to the Property and is thereby divested
of all equitable and legal interest in the 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.
J. Each and every term of this Agreement shall be deemed to be a material element
hereof. In the event that either party shall fail to perform according to the terms of this
Agreement, such party may bo declared in default. In the event that a party has been
declared in default hereof, such defaulting party shall be given written notice specifying
such default and 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 ct law or equity.
K. In the event of 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 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 III.D of this Agreement.
L. This Agreement shall not be construed as or deemed to be an agreement for the
benefit of any third party or parties, and no third party or parties shall have any right of
action hereunder for any cause whatsoever.
M. It is expressly understood and agreed by and between the parties hereto that
this Agreement shall be governed by and its terms construed under the laws of the State
of Colorado and the City of Fort Collins, Colorado.
N. Any notice or other communication given by any party hereto to any other party
relating to this Agreement shall be hand -delivered or sent by registered or certified mail,
return receipt requested, addressed to such other party at their respective addresses as
set forth below, and such notice or other communication shall be deemed given when so
hand -delivered or three (3) days after so mailed:
If mailed to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, Co 80522
With a copy to
If to the Developer:
With a copy to
City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, CO. 80522
Mason Street L.L.C.
c/o David Weeks
8550 West 15th Street
Lakewood, CO. 80215
John Cramer
3500 S. College Ave. #215
Fort Collins, CO. 80525
Notwithstanding the foregoing, if either party to this Agreement, or their successors,
grantees or assigr is, wishes to change the person, entity or address to which notices under
this Agreement are to be sent as provided above, such party shall do so by giving the
other party to this Agreement written notice of such change.
0. When used in this Agreement, words of the masculine gender shall include the
feminine and neuter gender, and when the sentence so indicates, words of the neuter
gender shall refer to any gender, and words in the singular shall include the plural, and
vice versa. This Agreement shall be construed according to its fair meaning, and as if
prepared by all parties hereto, and shall be deemed to be and contain the entire
understanding and agreement between the parties hereto pertaining to the matters
addressed in this Agreement. There shall be deemed to be no other terms, conditions,
promises, understandings, statements, representations, expressed or implied, concerning
this Agreement, unless set forth in writing signed by all of the parties hereto. Further,
paragraph headings used herein are for convenience of reference and shall in no way
define, limit or prescribe the scope or intent of any provision under this Agreement.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
0
ATTEST:
ItL�k
CITY CLERK
APPROVED AS TO CONTENT:
Director of Engineering
APPROVED AS TO FORM:
As ' istant City Attorney
By: 4. qaalk
City nager
DEVELOPER:
Mason Street L.L.C., a Colorado limited liability
company
Yam..
By:
David E. ee s nager