HomeMy WebLinkAboutFAIRVIEW SHOPPING CENTER THIRD - Filed DA-DEVELOPMENT AGREEMENT - 2003-10-20DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this �Swday of
199/ by and between the CITY OF FORT COLLINS, COLOR
Municipal Corporation, hereinafter referred to as the "City"; TACO
CALIENTE, INC.,, dba Taco Bell, an Arizona corporation, hereinafter
referred to as the "Developer" and COOK AND ASSOCIATES GENERAL
PARTNERSHIP, a Colorado general partnership, hereinafter referred
to as the "Owner".
WITNESSETH:
WHEREAS, the Developer has entered into an agreement with 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:
FAIRVIEW SHOPPING CENTER - FILING III, being a Replat of Lot
1, Fairview Shopping Center - Filing II, and of a part of the
Matador Apartments - Phase IV, situate in the Southeast 1/4
of Section 15, T. 7 N., R. 69 W., of the Sixth P.M., Fort
Collins, Larimer County, 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:
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 14-AL day of ,
A.D. 198 , by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and WILLIAM D. BARTRAN,
owner, hereinafter referred to as "the Developer,"
IJTTMCCCCTW
WHEREAS, the Developer is the owner of certain property situate in the
County of Larimer, State of Colorado, and legally described as follows,
to -wit:
Fairview Shopping Center, Filing III, being a replat of
Lot: 3, Fairview Shopping Center, and a portion of the
Matador Apartments, Phase IV, located in the Southeast
Quarter of Section 15, Township 7 North, Range 69 West
of the Sixth P.M., City of Fort Collins, County of
Larimer, State of Colorado.
WHEREAS, the Developer desires to develop said property and has
submitted to the City a subdivision plat and/or a site plan, a copy of
which is on 11ile in the Office of the City Engineer and made a part hereof
by reference; and
WHEREAS, the Developer has further submitted to the City a utility
plan for said lands, a copy of which is on file in the office of the
City Engineer and made a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of said
lands will require increased municipal services from the City in order to
serve such area and will further require the installation of certain
improvements primarily of benefit to the lands to be developed and not to
the City of Fort Collins as a whole; and
WHEREAS, the City has approved the subdivision plat and/or site plan
submitted by the Developer subject to certain requirements and conditions
which involve the installation of and construction of utilities and other
municipal improvements in connection with said lands.
NOW, THEREFORE, in consideration of the premises and the terms and
conditions acknowledged by the parties hereto, it is agreed as follows:
1. General Conditions.
A. All water lines, sanitary
sewer collection
lines,
storm
sewer lines and facilities,
streets, curbs,
gutters,
side-
walks, and bikepaths shall
be installed as
shown
on the
approved utility plans and in
full compliance with the Council
approved standard specifications
of the City
on file
in the
Office of the City Engineer at
the time of construction
of the
utility plans relating to the
specific utility,
subject
to any
time limitations as provided
by Ordinance.
B. No building permit for the
construction of
any structure
within the development shall be issued by the City until the
water lines, fire hydrants, sanitary sewer and streets
(with at least the base course completed) serving such struc-
ture have been completed and accepted by the City. No build-
ing permits shall be issued for any structure located in
excess of six hundred sixty feet (660') from a single point of
access.
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C. Any eater lines, sanitary sewer lines, storm drainage lines,
and/or streets described on Exhibit "A", attached hereto,
shall be installed within the time and/or sequence required on
Exhibit "A". If the City Engineer determines that any water
lines, sanitary sewer lines, storm sewer facilities and/or
streets shown on the utility plans are required to provide
service or access to other areas of the City, those utilities
shall be installed within the time determined by the City
Engineer as referred to under "Special Conditions" in this
document.
D. Except as otherwise herein specifically agreed, the Developer
agrees to install and pay for all water, sanitary sewer and
storm sewer facilities and appurtenances, and all streets,
curbing, gutter, sidewalks, bikeways and other municipal
facilities necessary to serve the lands within the develop-
ment.
E. Street improvements (except curbing, gutter and walks)
shall not be installed until all utility lines to be placed
therein have been completely installed, including all indivi-
dual lot service lines leading in and from the main to the
property line.
F. The installation of all utilities shown on the utility draw-
ings shall be inspected by the Engineering Division of the
City and shall be subject to such department's approval.
-3-
The Developer agrees to correct any deficiencies in such
installations in order to meet the requirements of the
plans and/or specifications applicable to such installation.
In case of conflict, the utility drawings shall supercede the
standard specifications.
G. All storm drainage facilities shall be so designed and con-
structed by the Developer as to protect downstream and ad-
jacent properties against injury and to adequately serve the
property to be developed (and other lands as may be required,
if any). The Developer has met or exceeded minimum require-
ments for storm drainage facilities as have been established
by the City in its Drainage Master Plans and Design Criteria.
'The Developer does hereby indemnify and hold harmless the
City from any and all claims that might arise, directly or
indirectly, as a result of the discharge of injurious storm
drainage or seepage waters from the development in a manner or
quantity different from that which was historically discharged
,and caused by the design or construction of the storm drainage
facilities, except for (1) such claims and damages as are
caused by the acts or omissions of the City in maintenance of
such facilities as have been accepted by the City for main-
tenance; (2) errors, if any, in the general concept of the
City's master plans (but not to include any details of such
plans, which details shall be the responsibility of the
Developer); and (3) specific directives as may be given to the
-4-
Developer by the City. Approval of and acceptance by the City
of any storm drainage facility design or construction shall in
no manner be deemed to constitute a waiver or relinquishment
by the City of the aforesaid indemnification. The Developer
shall engage a licensed professional engineer to design
the storm drainage facilities as aforesaid and it is expressly
affirmed hereby that such engagement shall be intended for
the benefit of the City, subsequent purchasers of property
in the development and downstream and adjacent property
owners all of whom shall be third party beneficiaries of
said agreement between the Developer and Engineer.
H. The Developer shall pay storm drainage basin fees in accor-
dance with Chapter 93 of the City Code. Storm drainage
improvements eligible for credit or City repayment under
provisions of Chapter 93 are described together with the
estimated cost of the improvements on the attached Exhibit
"B", which improvements shall include right of way, design and
construction costs. The basin fee payable by the Developer
shall be reduced by the estimated cost of said eligible
improvements. Upon completion of such eligible improvements,
the amount of such reduction shall be adjusted to reflect the
actual cost. If the cost of the eligible improvements con-
structed by the Developer and described in the above mentioned
exhibit exceeds the amount of the storm drainage fees payable
for the development, the City shall reimburse the excess cost
-5-
out of the Storm Drainage fund upon completion of the improve-
ments and approval of the construction by the City.
I. The Developer shall provide the City Engineer with certified
Record Utility Drawing Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the construc-
tion.
2. Special Conditions.
A. Storm drainage lines and appurtenances
All storm drainage facilities to serve each individual lot
shall be completed by the Developer and approved by the City
prior to the release of the Certificate of Occupancy for that
lot.
B. Streets.
The City agrees to repay the Developer for oversi zi ng Eliza-
beth Street to arterial standards in lieu of local street
standards in accordance with the Code of the City of Fort
Collins, Article 99-6.F.
3. Miscellaneous.
A. The Developer agrees to provide and install, at his expense,
adequate barricades, warning signs and similar safety devices
at all construction sites within the public right-of-way
and/or other areas as deemed necessary by the City Engi-
neer in accordance with the City's "Work Area Traffic Control
Handbook" and shall not remove said safety devices until the
construction has been approved by the director.
B. The Developer shall, at all times, keep the public right-of-
way free from accumulation of waste material or rubbish caused
by his operation, shall remove such rubbish no less than
weekly and, at the completion of the work, shall remove all
such waste materials, rubbish, tools, construction equipment,
machinery, and surplus materials from the public right-of-way.
He further agrees to maintain the finished street surfaces
free from dirt caused by his operation. ' Any excessive ac-
cumulation of dirt and/or construction materials shall be
considered sufficient cause for the City to withhold building
permits and/or certificates of occupancy until corrected to
the satisfaction of the City Engineer. If the Developer fails
to adequately clean such streets within two (2) days after
receipt of written notice, the City may have the streets
cleaned at his expense and he shall be responsible for prompt
payment of all such costs.
C. The Developer hereby insures that his subcontractors shall
cooperate with the City's construction inspectors by ceasing
operations when winds are of sufficient velocity to create
blowing dust which, in the inspector's opinion, is hazardous
to the public health and welfare.
D. When the inspector determines that erosion (either by wind or
water) is likely to be a problem, the surface area of erodable
earth material exposed at any one time shall not exceed
200,000 square feet for earthworks operations. Temporary or
-7-
permanent erosion control shall be incorporated into the
subdivision at the earliest practicable time. By way of
explanation and without limitation, said control may consist
of seeding of approved grasses, temporary dikes, gabions,
and/or other devices.
E. 1"he Developer shall, pursuant to the terms of this agreement,
complete all improvements and perform all other obligations
required herein, as such improvements or obligations may be
shown on the original plat, or on any replat subsequently
filed by the Developer, and the City may withhold such buil-
ding permits and certificates of occupancy as it deems neces-
sary to ensure performance hereof.
F. This Agreement shall be binding upon the parties hereto, their
:successors, grantees, heirs, personal representatives, and
assigns and shall be deemed to run with the real property
above described.
G. Nothing herein contained shall be construed as a waiver of any
requirements of the City Code, and the Developer agrees to
comply with all requirements of the same.
ATTEST:
City Clerk
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
BCly////'/L
City Manager
In
OWNER
mom
P'YWTRTT "A"
1. Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
3. Schedule of street improvements to be installed out of sequence.
Not Applicable.
4. Storm drainage improvements to be installed out of sequence.
See paragraph 2.A.
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
2
EXHIBIT "B"
The Development Agreement for Fairview Shopping Center,Filinq II.
This exhibit does not apply to this development.
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST
1. Storm sewer, manholes, end sections, etc.
(a)
L.f.
/L.f.
$
(b)
L.f.
/L.f.
$
(c)
Ea.
Ea.
$
(d)
Ea.
Ea.
$
Sub -Total $
2. Channel excavation, detention pond
excavation and riprap
( a)
C.Y. $
/C.Y.
$
(b)
C.Y. $
/C.Y.
$
(c)
C.Y. $
/C.Y.
$
Sub -Total $
EXHIBIT B - Page 2
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST
3. Right-of-way 8; easement acquisition
(a) S.F. $ /S.F. $
(b) Ac. $ Inc. S
4.
( a)
5.
Sub -Total
Professional Design
Other
5
Lump Sum $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
Prepared by:
Address:
Title:
S
17 66 0 M-1 20 A14 la. 12
o t�T! Cr ,(,
NOT;,E
Please Lake notice that on 3C) 2 �`1Q�' (� , the Planning and
Zoning Board of the City of Fort Collins, Colorad;;:. apvove% the
Y�Y — PI an of the pl anned uni t devel opm. ent known as iO-\Y
(subject property), which development was
submitted and processed in accordance with Section 118-83 of the Code of
the City of Fort Collins. The Plan of the
subject property together with the development agreement dated`(I 1e o&4
between the City of Fort Collins and the developer, out of
which documents accrue certain rights and obligations of the developer
and/or subsequent owners 'of the subject property, are on file in the
office of the Clerk of the City of Fort Collins.
It
The subject property is more particularly described as follows:
Offsite easements required for utilities to serve this planned unit
development are recorded with the Laricer County Clerk and Recorder.
azz
sty e ary, ann g on ng
Board
City of Fort Collins
Dated: / / g
62Z77 p7
.LEGAL DESCRIPTION_
_Xmm_M1_r4enBythese.Eceseats That__the.Lundersigned`.being-theyowners_
and: proprietors of record of the following described land, to -wit; Lot 3,
Fairvfev# Shopping Center, and part of the Matador Apartments Phase IV,
.situate im the Southeast 1/4 of Section 15, Township 7 North, Range 69-
West of the Sixth P-M.., Fort Collins; Larimer County, Colorado whicho
consiidersn% the- North line of --the -said Southeast 1/4 as bearing It 89
SW23tt-Wand withr all''bearings contained- herein; relative thereto is
;_Fnreta, nedi within` the boundary wines which -begin at the Northeast Corner I.
of said Lot 3 which. bears N 89 54'g8" W I80.0a feet, and again 500
08'Ifl" E 40_00 feet, and again N- 89 54`28" 1 W 420.00 feet from the Nonth-
east-Corner of the Northwest I/4 of the said �outheast 1/4 and run
thence along the East line of said Lot 3',_500 05'32"W 260.00 feet;
thence along the South line of said Lot 32-N 89 54'28"W 366.80 feet;
thence. U 05 09'48"W I79.93 feet; -thence !t Ob°21' 18"W $1.34 feet to
:.the- South right-of-way line of WesS Elizabeth Street; thence along
sa►fd South right-:-of-way l i ne, S 89 54' 28" E 392.41 feet to the point -`
ol- beginning containing 98,545 square feet- more or less, have caused
ther same ;to be surveyed- and-. subdivided into lots 25 shown on this plat
to be -known as FAIRVIEW SHOPPING CEirfER - PHASE II, and is subject
_toy all easements and rights -of -way' now on record or existing or in-
dicated on this plat and do hereby dedicate and convey to and for
public use, forever hereafter, the- easements as are' laid out and
.designated on this plat. -..i.
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
constructed by the Developer
properties against injury and
other lands as may be require
exceeded the minimum requirem
have been established by the
Design Criteria. The Develi
harmless the City from any
directly or indirectly, as a
storm drainage or seepage wat
or quantity different from tl
and caused by the design or
facilities, except for (1) sup
the acts or omissions of the C
as have been accepted by the
any, in the general concept o
include any details of such
responsibility of the Develop
Tnav hcc rri vAn t-n thin nPVPI n
facilities shall be so designed and
is to protect downstream and adjacent
to adequately serve the Property (and
i, if any). The Developer has met or
ants for storm drainage facilities as
:ity in its Drainage Master Plans and
iper does hereby indemnify and hold
and all claims that might arise,
result of the discharge of injurious
ers from the development in a manner
at which was historically discharged
construction of the storm drainage
!h claims and damages as are caused by
ity in maintenance of such facilities
City for maintenance; (2) errors, if
the City's master plans (but not to
plans, which details shall be the
ar); and (3) specific directives that
)Pr by the Citv. Annroval 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.
3
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.
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 a 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.
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 erosion control improvements must be completed prior to
beginning construction of parking lot improvements.
D. Streets.
1. The Developer and the City agree that no
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,
4
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
dust which, in the inspector's opinion, is hazardous to the public
health and welfare.
D. When the inspector determines that erosion (either by wind
or water) is likely to be a problem, the surface area of erodable
earth material. exposed at any one time shall not exceed 200,000
square feet for earthworks operations. Temporary or 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
5
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.
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 I 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.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:
i Manag
C:
ATTEST:
CITY CLERK QS
APPROVED AS TO
Dirbct# of Eng
City Attorney
DEVELOPER:
TACO CALIENTE, INC. dba Taco Bell,
an Arizona corporation
� f
By:
Les�A. Nojrdha en, Vice President
and/Generhl M4nager
ATTEST:
l
By:_ %
Camille Krug, Com tr er (corporate semi)
OWNER:
COOK AND ASSOCIATES GENERAL
PARTNERSHIP, a Colorado general
partnership
By:
LeS A. Nord agen, General
Partner
a
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.
8
EXHIBIT "B"
NOT APPLICABLE