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HomeMy WebLinkAboutDRAKE PARK SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31UTILITY AGREEMENT THIS AGREEMENT is made and entered into this l-'�' day of (-C A. D. 1977, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal cor- poration, hereinafter sometimes designated as the "City", and Drake Associates, Ltd. hereinafter designated as the "Developer", WITNESSE nI : WHEREAS, Developer is the owner of certain property situate in the County of Larimer and State of Colorado and legally described as follows: DRAKE PARK, SECOND FILING situtate in the northeast 1/4 of Section 26, Township 7 North, Range 69 West of the sixth P.M., Fort Collins. WHEREAS, Developer desires to develop said property as a commercial sub- division and has submitted to the City a subdivision plat (and a site plan if said property is to be developed as a Planned Unit Development), a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and WHEREAS, 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 by this reference made a part hereof; and WHEREAS, the parties hereto have agreed that the development of said lar,;s will require increased municipal services from the City in order to serve suc area and will further require the :installation of certain improven-p-nts priTfor` y of benefit to the lands to be developed and not to the City of Fort Collins a a whole; and WHEREAS, the City has approved t'h6 subdivision plat (and site plan e7herc applicable) submitted by the Developer subject to certain requirements aLad n a a 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 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. 4. 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, "devel- opmcnt 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 bikcpaths 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 two (2) 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 two (2) 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 specifica- -2- tions 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 per- mits 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 docu- ments pertaining to this development on file with the City. E. Street improvements (except curbing, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all 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 Department of the City and shall be subjected to such department's approval. The Developer agrees to correct any deficiencies in such installa- tions 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. 11. 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 mini- mum 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 -3- 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 develop- mcnt in a manner or quantity different from that which was historically discharged and caused by the design or construc- tion of the storm drainage facilities, except for (1) such claims and damages as arc 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 accor- dance with Chapter 26, Article VII of the City Code. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 26 are described together with the estimated cost of the improvements on the attached Exhibit "B", which improvements shall include right of way, design and construction costs. See Section 2.C, Special Conditions, Storm Drainage Lines and Appurtenances, for specific instructions. 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. -4- (i) The Developer and the City agree that all storm drain- age improvements for this development shall be com- pleted prior to the issuance of a certificate of occu- pancy. (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 by the Developer prior to the issu- anec of any building permit. D. Streets. (i) The Developer and ing reimbursement opmcnt. 3. Miscellaneous the City agree that no street oversiz- is due the Developer for this devel- 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 Engi- nccring 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 Tess 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 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 cor- rected 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 -5- 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. Tcmpo- rary 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. IG. 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 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 terns 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. M-11 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 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 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. -7- ATTEST: . City Clerk APPROVED AS TO FORM: -Director of/Engineering THE CITY OF FORT COLLINS, COLORADO A Mon icip I Corporation By: C�T�✓ City Manager City Attorney DEVELOPER: OFFICE ONE LTD., A Colorado limited partnership By: Barry. Cunningham, General Partner -8- EXHIBIT "A" I. Schedulc 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. -9- EXHIBIT B - Page 2 ITEH DESCRIPTION 3. Right-of-way & easement acquisition (a) (b) 4. (a) Sub -Total Professional Design Other UANTITY __UNIT COST TOTAL COST S.F. S /S.F. $ c. S /Ac. $ S Lump Sum $ Total estimated cost of Storn Drainage improvements eligible for credit or City repayment S Prepared by: Title: Address: EXHIBIT "B" The Development Agreement for Replat of Lot 11 and Part of Tract B of Drake Park Second Filing Not Applicable COST ESTIMATE FOR MAJOR ORAIUAGE IMPROVErENTS Include only those major storm drainage basin improvements required by an adopted basin master plan. ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST I. Storm sewer, manholes, end sections, etc. (a) L.f. /L.f. S (b) L.f. /L.f. S (c) Ea. Ea. S — -1d) Ea. Ea. S Sub -Total 2. Channel excavation, detention pond excavation and riprap Sub -Total 6 C.Y: S /C.Y. $ C.Y. S /C.Y. S C.Y. S /C.Y. S S conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, '17]E=ORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets and other municipal facilities nccessary to serve the lands t.o*_chin the subdivision. 2. Water Lines. a. Developer agrees to install all water lines as shown on the utility plans in accordance with the requirements and as shown on said plans, whether such lines are actually on the property, bordering the property or on other lands connecting the subject property to the existing City �,Tater distribution system. b. Such water lines shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer and applicable provisions of the City Code relating to the installation of r such lines. c. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the water line and the fire hydrant serving such structure is installed and accepted by the City. d. Any water lines described on Exhibit A, attached hereto. shall y�- installed within the time required on Exhibit A. if the City Engineer deters. s that any lines shown on the utility plans are required to provide service to other areas of the City, those lines shall be installed within the time deter.a n, +. by the City Engineer. M e. All of said lines shall be installed at the sole expense of the Developer. f. The :installation of said line shall be inspected by the Engineering Services Department of the City and shall be -'subject to such department's ap- proval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 3. Sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary sewer collection lines shown on the utility plans, whether the same be on or off the subject property- b. Such sanitary sewer lines shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such lines. c. Developer understands and agrees that no building permit shall be issued by the City for any structure in the subdivision until the sanitary sewer line serving such structure is installed and accepted by the City. d. Any sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the time- required on Exhibit A. If the City Engines determines that any lines shown in the utility plans are required to provide service to other areas of the City, those lines shall be installed within the time determined by the City Engineer_. -3- e. All of said lines shall be installed at the sole expense of Developer f. The installation of said lines shall be inspected by the Engineering Services Department of the City and subject to such department's approval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 4. Electric Lines and facilities. The City Light and Power Department shall install all electric distribution lines and facilities required for the subject property and the Developer shall pay for such work in accordance with the established charges of the Light and Power Department. Such installation shall include all street lights required for the development. 5. Storm Sewer Lines and facilities. a. The Developer shall install all stone sewer lines and facilities shown on the utility plans. b. Such storm sewer lines and facilities shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such lines. c. Developer agrees to complete the installation of detention facil - ties prior to occupancy of any structure constructed within the subdivision. All of said lines and facilities shall be constructed in an ocic r?r fashion, as determined by the City Engineer_, so as to prevent damage to other utilities, streets, curb, clutter, sidewalks, and all adjacent properties. -4- d. All of said facilities shall be installed at the sole expense of Developer . e. The installation of all of such lines and facilities shall be inspected by the :Engineering Services Department of the City and shall be sub- ject to such department's approval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 6- Streets. a. The Developer agrees to install all streets shown on the utility plans, complete with paving, curb, gutter and sidewalks. b. Such streets shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such streets. c. No bi.Lilding permit for the construction of any structure in the subdivision shall be issued by the City until an all weather vehicular access to the structures is provided. d. Any streets described on Exhibit A, attached hereto, shall be ' completely installed within the time re(-juired on Exhibit A. If the City Zigi, determines that any streets shown on the utility plans are required to proviar- access to other areas of the City, those streets shall be installed within C-e time required by the City Engineer. -5- e. All of said streets shall be installed at the sole expense of the Developer. f. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. g. Street improvements shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to individual lots have been installed from main utility lines to the property line. 7. Other Requirements. None. 8. miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained shall be construed as a waiver of any requirements in the City Subdivision Ordinance or any other provision of the City Code and the Developer agrees to comply with all requirements of the sar.�- TE-IE CITY OF FORT COLLINS, COLOMI ), f l r By— ty ger A -6- MaEST : City Clerk a CIO 0 %. Direr of Engineer: Services City Attorney -7- G FN PA n7,vch, f . br„<<r Aij•c vt,, bevel kr Titie EXHIBIT A 1. Schedule of water lines to be installed out of sequence. Nonapplicable. 2. Schedule of sanitary sewer lines to be installed out of sequence. All of the sanitary sewer lines shown on the utility plans shall be installed in conjunction with the first structure constructed on the site. 3. Schedule of street improvements to be installed out of sequence. Nonapplicable. DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this -I g tL day of February A.D. 1988, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and OFFICE ONE LTD., a Colorado limited partnership, 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: REPLAT OF LOT 11 AND PART OF TRACT B OF DRAKE PARK SECOND FILING, Situate in the Northeast 1/4 of Section 26, Township 7 North, Range 69 West of the Sixth P.M., Fort Collins, Larimer County, Colorado. WHEREAS, the Developer desires to develop said property and has sub- mitted 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 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