HomeMy WebLinkAboutFORT COLLINS RETAIL CENTER PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-10-31DEVELOPMENT AGREEMENT
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THIS AGREEMENT, made and entered into this -1 day of January,
A.D. 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Munici-
pal Corporation, ("the City,") and Troutman Partnership, a Colorado
general partnership ("the Developer,"), and Fort Collins Assemblage,
LTD., a Colorado general partnership hereinafter referred to as "Fort
Collins Assemblage", and Sunrise Center Partnership, Eastside Venture
Limited, Super -Block Holding, Alma H. West, Stephen D. Johnson, and
the State of Colorado, ("Owners").
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WHEREAS, the Developer has entered into an agreement with the
Owners to acquire ownership of certain property situate in the County
of Larimer, State of Colorado, and legally described as follows, to -
wit:
Fort Collins Retail Center, Planned Unit Development
(except Tract C), a portion of which is a replat of
National Car Rental P.U.D., located in the West 1/2 of
Section 36, Township 7 North, Range 69 West of the 6th
P.M., City of Fort Collins, Larimer County, State of
Colorado.
WHEREAS, Fort Collins Assemblage is owner of certain property
situate in the County of Larimer, State of Colorado, and legally
described as follows, to -wit:
Tract C, Fort Collins Retail Center, a Planned Unit
Development, a portion of which is a replat of
National Car Rental P.U.D., located in the West 1/2 of
Section 36, Township 7 North, Range 69 West of the 6th
P. M., City of Fort Collins, Larimer County, State of
Colorado.
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 materi-
als shall be considered sufficient cause for the City to
withhold building permits and/or certificates of occupancy
until the problem is corrected to the satisfaction of the
City Engineer. If the Developer fails to adequately clean
such streets within two (2) days after receipt of written
notice, the City may have the streets cleaned at the
Developer's expense and the Developer shall be responsible
for prompt payment of all such costs.
C. The Developer hereby insures that his subcontractors shall
cooperate with the City's construction inspectors by ceas-
ing operations when winds are of sufficient velocity to
create blowing dust which, in the inspector's opinion, is
hazardous to the public health and welfare.
D. When the inspector determines that erosion (either by wind
or water) is likely to be a problem, the surface area of
erodible earth material exposed at any one time shall not
exceed 200,000 square feet for earthworks operations. Tem-
porary 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.
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E. The Developer shall, pursuant to the terms of this agree-
ment, complete all improvements and perform all other
obligations required herein, as such improvements or obli-
gations may be shown on the original plat, or on any
replat subsequently filed by the Developer, and the City
may withhold such building permits and certificates of
occupancy as it deems necessary to ensure performance
hereof.
F. Nothing herein contained shall be construed as a waiver of
any requirements of the City Code, and the Developer
agrees to comply with all requirements of the same.
G. In the event the City waives any breach of this Agreement,
no such waiver shall be held or construed to be a waiver
of any subsequent breach hereof.
H. Financial obligations of the City of Fort Collins payable
after the current fiscal year and/or not appropriated or
budgeted are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available.
I. It is understood and agreed that the owners have executed
a contract to convey the property which is the subject of
this agreement to the developer. Accordingly, the present
intentions of the owners are to convey the property to the
Developer for subsequent development and not to develop the
property themselves. Accordingly, it is agreed that the
development approved as given by the City (through it's
Planning and Zoning Board) for the development is condi-
tioned upon the Developer coming into ownership of the
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property and executes all necessary documents to close on
the property and lawfully commence development, and no
excavation, construction or other development activity
shall be commenced by the Developer until such condition
is fully met. It is further agreed that the Owner shall
not commence any development activities whatsoever upon
the property and the Owners derive NO rights to develop
the property out of this agreement or the City's approval
of the Fort Collins Retail Center P.U.D.; and incur no
corresponding obligations.
J. This Agreement shall run with the real property herein
above described and, except as herein limited, shall be
binding upon the parties hereto, their personal represent-
atives, heirs, successors, grantees and assigns. Assign-
ment of interest within the meaning of this paragraph
shall specifically include, but not be limited to, assign-
ment of any portion of the Developer's proprietary inter-
est in the real property hereinafter described, as well as
any assignment of the Developer's rights to develop such
property under the terms and conditions of this agreement.
K. In the event the Developer herein after transfers title to
such real property and is thereby divested of all equit-
able and legal interest in said property, the City hereby
agrees to release said Developer from liability under this
Agreement with respect to any breach of the terms and con-
ditions of this Agreement occurring after the date of any
such transfer of interest.
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L. 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 Agree-
ment and seek damages; (b) treat the Agreement as conti-
nuing and require specific performance; or, (c) avail
itself of any other remedy at law or equity.
M. 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.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
BY C
City Manager
ATTEST:
C i to ,
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APPROVED AS TO FORM:
City n g Ytfeer
City Attorney
Developer:
Troutman Partnership, a Colorado General
Partnership
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Owners:
Sunrise Center Partnership
a Colorado General Partnership
Nov`man R. West.
General Partner
Eastside Venture Limited,
a Colorado Limited Partnership
h�ert�. Pal;erson, President
er
Fort Co�l.ins Assemblage, Li y'�d
lfir6 a Col, Limited Pvtn d 4ip
i i yam tr aden, -?
General Partner
By.
ur aterson'
Super -Block Holding Company, a Colorado Joint Venture
by CBC Investments, a Colorado General Partnership
By,
/eD rwood Coa n, Ma Partner -�
Individual Owners:
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Super -Block Holding Company, a Colorado Joint Venture
by CBC Investments, a Colorado General Partnership
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By: i..r:�
�Derwood Coals n,(i aging Partner
Individual Owners:
By: i ✓/
Alma H. West
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EXHIBIT "A"
1. Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to be installed out of
sequence.
Not Applicable.
3. Schedule of street improvements to be installed out of
sequence.
Not applicable.
4. Storm drainage improvements to be installed out of
sequence.
Not applicable.
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The Development Agreement for Fort Collins Retail Center.
COST FSTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an
adopted basin master plan.
ITEM DESCRIPTION
ITY UNIT COST TOTAL C
1. Storm sewer, manholes, end
sections, etc.
(a) 14"x23" Reinforced Concrete 25 L.F. 35 /L.F.
Elliptical Culvert, Class III
(b) Sono Tube Pipe Transition 2 L.F. 300 /L.F.
Sub -Total
2. Channel excavation, detention
pond excavation and riprap
(a) Channel Excavation
Sub -Total
3. Professional Design
$ 875.00
$ 600.00
$ 1,475.00
1220 C.Y. $ 9.00 /C.Y. $ 10,980.00
$ 10,980.00
(a) Lump Sum $ 7,900.00
4. Other
(a) Trees and Misc. Removals Lump Sum $ 2,300.00
(b) 4" reinforced Gunite/Channel 15,382 S.F. $ 2.00 /S.F. $ 30,764.Q0
Lining
(c) Drop Structure Removal & Lump Sum $ 5,800.00
Replacement
(d) Contingencies S 3,818.00
(e) Construction Management $ 11,532.00
Sub -Total $ 54,220.00
Total estimated cost of Storm Drainage improvements
eligible for credit of City Repayment S 7 ,575.40
C"
RCPTN # 87034807 Gam' 1/87 13:39:46 # OF P - 1 FEE - $3.00
M RODENBER3ER, RECOR-- - LARIMER COUNTY, CO STA—. DOC FEE $.00
NOTICE
Please take notice that on February 23, 1987, the Planning and Zoning Board
of the City of Fort Collins, Colorado, approved the Final P.U.D. Plan krown
as The Pavilion PUD being a part of The Fort Collins Retail Center P.U.D.,
which development was submitted and processed in accordance with Section
118-83 of the Code of the City of Fort Collins. The Final Plan of the
subject property together with the development agreement dated January 30,
1987, 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, is on file in the office of the
Clerk of the City of Fort Collins.
The subject property is more particularly described as follows:
A Portion being a Replat of National Car Rental P.U.D.
located in the Southwest Quarter of Section 36, Township 7
North, Range 69 West of the 6th P.M. City of Fort Collins,
County of Larimer, State of Colorado.
City Clerk
Dated:
WHEREAS, the developer desires to develop said property and has
submitted to the City a subdivision plat and/or a site plan, a copy of
which is on file in the Office of the City Engineer and made a part
hereof by reference: and
WHEREAS, the Developer has further submitted to the City a util-
ity 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 utili-
ties and other municipal improvements in connection with said lands.
NOW, THEREFORE, in consideration of the promises of the parties
hereto and other good and valuable consideration, the receipt and ade-
quacy of which is hereby acknowledged, it is agreed as follows:
1. General Conditions.
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the subject
property described above. For the purposes of this Agree-
ment, "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 the grade, contour or appearance of
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said property caused by or on behalf of the Developer with
the intent to construct improvements thereon.
Q. 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 standards and specifications of the City
on file in the Office of the City Engineer at the time of
approval of the utility plans relating to the specific
utility, subject to a two (2) year time limitation from
the date of execution of this agreement. In the event
that the Developer commences or performs any construction
pursuant hereto after two (2) years from the date of
execution of this agreement, the Developer shall resubmit
the project utility plans to the City Engineer for reexam-
ination. The City may require the Developer to comply
with approved standards and specifications of the City on
file in the Office of the City Engineer at the time of
resubmittal.
C. No building permit for the construction of any structure
within the development shall be issued by the City until
the water lines, fire hydrants, sanitary sewer and streets
(with at least the base course completed) serving such
structure have been completed and accepted by the City. No
building permits shall be issued for any structure located
in excess of six hundred sixty feet (660') from a single
point of access.
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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 City Engineer has deter-
mined 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 facil-
ities 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 Devel-
oper agrees to install and pay for all water, sanitary
sewer and storm sewer facilities and appurtenances, and
all streets, curbing, gutter, sidewalks, bikeways and
other public improvements required by this development as
shown on the plat, utility and landscape plans, and other
approved documents pertaining to this development, on file
with the City.
F. Street improvements (except curbing, gutter and walks)
shall not be installed until all utility lines to be
placed therein have been completely installed, including
all individual lot service lines leading in and from the
main to the property line.
G. The installation of all utilities shown on the utility
drawings shall be inspected by the Engineering Division of
the City and shall be subjected to such department's
approval. The Developer agrees to correct any deficiencies
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in such installations in order to meet the requirements of
the plans and/or specifications applicable to such instal-
lation. In case of conflict, the utility drawings shall
supersede the standard specifications.
H. All storm drainage facilities shall be so designed and
constructed by the Developer as to protect downstream and
adjacent properties against injury and to adequately serve
the property to be developed (and other lands as may be
required, if any). The Developer has met or exceeded min-
imum 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 facili-
ties, except for (1) such claims and damages as are caused
by the acts or omissions of the City in maintenance of
such facilities as have been accepted by the City for
maintenance; (2) errors, if any, in the general concept of
the City's master plans (but not to include any details of
such plans, which details shall be the responsibility of
the Developer); and (3) specific directives as may be
given to the Developer by the City. Approval of and
acceptance by the City of any storm drainage facility
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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 drain-
age 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.
I. The Developer shall pay storm drainage basin fees in
accordance with Chapter 93 of the City Code. Storm drain-
age 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 eli-
gible improvements, the amount of such reduction shall be
adjusted to reflect the actual cost. If the cost of the
eligible improvements constructed by the Developer and
described in the above mentioned exhibit exceeds the
amount of the storm drainage fees payable for the develop-
ment, the City shall reimburse the excess cost out of the
Storm Drainage fund upon completion of the improvements
and approval of the construction by the City.
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J. The Developer shall provide the City Engineer with certi-
fied Record Utility Drawing Transparencies on Black Image
Diazo Reverse Mylars upon completion of any phase of the
construction.
2. SDecial Conditions.
A. Water lines.
(i) The City agrees to repay the Developer for over -
sizing the 12" waterline through this site for the
portion of the costs that exceed an 8" water line,
in accordance with Section 112-41.A, of the Code
of the City of Fort Collins. When payment is
requested by the Developer, the City's obligation
for payment shall be limited to those funds then
budgeted, appropriated, and available by the City
for that development of work then completed.
B. Sewer lines.
(i) The Developer agrees to compensate the City for
the Warren Lake Trunk Sanitary Sewer Basin fee of
$125.00 per acre. The full amount of said Basin
fee shall be paid by the Developer upon applica-
tion for the first building permit of this devel-
opment.
C. Storm drainage lines and appurtenances.
(i) Prior to the issuance of any building permits, the
Design for the offsite stormwater drainage impro-
vements shall be completed by the Developer, and
approved by the City. This shall include, but not
be limited to the agreement for the ditch reloca-
tion which shall be executed by all affected
parties.
(ii)All stormwater drainage facilities onsite or off -
site shall be completed by the Developer, and
approved by the City prior to issuance of the
first Certificate of Occupancy.
D. Streets
(i) The City agrees to repay the Developer for over -
sizing Troutman Parkway and Collage Avenue from
local to collector and major arterial standards
respectively, in accordance with Section 99_6.F.
of the Code of the City of Fort Collins. All
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future street oversizing fees due from the Devel-
oper shall be paid according to the then current
fee schedule as established by the ordinance.
(ii)The parties acknowledge that the Five Year Program
for Capital Projects adopted by the City for the
year 1987 includes plans for the construction of
the center medians in South College Avenue between
Horsetooth and Harmony Roads, but that such plans
for construction are contingent upon the actual
appropriation of funds by City Council. In the
event such monies are not appropriate for said
construction on or before December 31, 1988, the
design and construction of certain portions of
said median shall be the sole responsibility of
the developer. More specifically, from 300 feet
north of Troutman_ College intersection, to 100
feet south of the Pavilion -College intersection.
The design shall be in accordance with the ordi-
nances and standards then in existence, and is to
be completed and submitted to the City for its
approval by April 30, 1989. The construction
shall include, but not be limited to curb and gut-
ter, splash pans, irrigation systems, landscaping,
and pavement, and shall be completed by December
31, 1989. The landscaping only shall be eligible
for repayment under the conditions as stated in
paragraph 2.D.(i) above.
(iii) The Developer may be entitled to reimbursement
for a portion of the construction of Troutman
Parkway and Pavilion Lane in accordance with Sec-
tion 99-6.B. (6) of the Code of the City of Fort
Collins.
E. Footing and Foundation permit.
Prior to the issuance of the footing and foundation
permit for any buildings within this Development, the
Developer agrees to the following:
(i) No combustible material will be allowed on the
site until the water system is installed by the
Developer and approved by the City.
(ii)To provide and maintain an adequate all-weather
roadway access to any building under construction,
to handle any emergency vehicles or equipment.
Such access shall be at a minimum, 20 feet wide
roadway of 4" base course material compacted
according to City Standards, with a 40' radius
turnaround at each building and dead end.
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(iii)The issuance of said footing and foundation per-
init is solely at the Developer's own risk and the
Developer shall hold the City harmless in the
event of any damages resulting from the issuance
of said permit prior to the completion of the
requirements in accordance with the Code of the
City of Fort Collins, Article 99-6.B.
F. Obligations of Fort Collins Assemblage.
(i) Upon completion of construction of Troutman Park-
way, Fort Collins Assemblage shall dedicate to the
City Tract C of Fort Collins Retail Center and all
improvements therein and thereon for use as street
and utility right-of-way. Such Dedication must be
accepted by the City Council prior to the City
accepting and approving the Tract C improvements
and prior to the issuance of any Certificates of
Occupancy for this development.
(ii)'Fort Collins Assemblage shall allow the City's
construction inspectors to inspect the installa-
tion of improvements in and on Tract C.
3. Miscellaneous.
A. The Developer agrees to provide and install, at his
expense, adequate barricades, warning signs and similar
safety devices at all construction sites within the public
right-of-way and/or other areas as deemed necessary by
the City Engineer in accordance with the City's "Work Area
Traffic Control Handbook" and shall not remove said safety
devices until the construction has been approved by the
City Engineer.
B. The Developer shall, at all times, keep the public right-
of-way free from accumulation of waste material or rubbish
caused by 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,
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