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HomeMy WebLinkAboutFOX MEADOWS BUSINESS PARK - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-10DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1988, by and between the CITY OF FORT COLLINS, COLO- RADO, a Municipal Corporation, hereinafter referred to as "the City," and FOX MEADOWS 11, a Colorado General Partnership, hereinafter referred to as "the Developer". WITNESSETH WHEREAS, the Developer is the Owner of certain property situated in the County of Lairimer, State of Colorado, and legally described as follows, to -wit: FOX MEADOWS BUSINESS PARK, Situate in the Northwest I/4 of Section 32, Township 7 North, Range 68 West, of the Sixth P.M., City of Fort Collins, County of Latimer, State of 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 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: I. General Conditions. A. The terms of this Agreement shall govern all development activi- ties of the Developer pertaining to the subject property described above. For the purposes of this Agreement, "development activi- ties" 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 appear- EXHIBIT "B" The Development Agreement for FOX MEADOWS BUSINESS PARK Not Applicable COST ESTIDIATE FOR PIAJOR DRAINAGE IPPROVEI-ZNTS Include only those major storm drainage basin improvements required by an adopted basin master plan. IT�ht DESCRIPTION OUANTITY UNIT COST TOTAL C7ST I. Storm sewer, manholes, end sections, etc. (a) (b) (c) -(d) Sub -Total 2. Channel excavation, detention pond excavation and riprap ( a) (b) (c) Sub -Total L.f. /L.f. S L.f. A.f. S Ea. Ea. S Ea. Ea. S G C.Y: S /C.Y. S C.Y. S /C.Y. S C.Y. S /C.Y. 5 F ance 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 spccifi- cations of the City on file in the Office of the Director of Engineering to the specific utility, subject to a three (3) year time limitation from the date of execution of this agreement. In the event that the Developer commences or performs any con- struction 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 reexami- nation. The City may require the Developer to comply with approved standards and specifications of the City on file in the Office of the Director of Engineering at the time of resubmittal. C. No building permit for the construction of any structure within the development shall be issued by the City until the water lines, fire hydrants, sanitary sewer and streets (with at least the base course completed) serving such structure have been completed and accepted by the City. No building permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. D. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, shall be installed within the time and/or sequence required on Exhibit "A". If the Director of Engineering has determined that any water lines, sanitary sewer lines, storm sewer facilities and/or streets arc required to provide service or access to other areas of the City, those facilities shall be shown on the utility plans and shall be installed by the Developer within the time as established under "Special Conditions" in this document. E. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary sewer and storm sewer facilities and appurtenances, and all streets, curbing, gutter, sidewalks, bikeways and other public improvements required by this development as shown on the plat, utility and landscape plans, and other approved documents pertaining to this develop- ment on file with City. P. 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 installations in order to -2- 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. II. All storm drainage facilities shall be so designed and constructed by the Developer as to protect downstream and adjacent proper- ties against injury and to adequately serve the property to be developed (and other lands as may be required, if any). The Developer has met or exceeded minimum requirements for storm drainage facilities as have been established by the City in its Drainage Master Plans and Design Criteria. The Developer does hereby indemnify and hold harmless the City from any and all claims that might arise, directly or indirectly, as a result of the discharge of injurious storm drainage or seepage waters from the development in a manner or quantity different from that which was historically discharged and caused by the design or construc- tion of the storm drainage facilities, except for (1) such claims and damages as are caused by the acts or omissions of the City in maintenance of such facilities as have been accepted by the City for maintenance; (2) errors, if any, in the general concept of the City's master plans (but not to include any details of such plans, which details shall be the responsibility of the Developer); and (3) specific directives as may be given to the Developer by the City. Approval of and acceptance by the City of any storm drainage facility design or construction shall in no manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid indemnification. The Developer shall engage a licensed professional engineer to design the storm drainage facilities as aforesaid and it is expressly affirmed hereby that such engagement shall be intended for the benefit of the City, and subsequent purchasers of property in the development. The Developer shall pay storm drainage basin fees in accordance with Chapter 26, Article VII of the City Code. Storm drainage improvements eligible for credit or City repayment under the provisions of Chapter 26 are described together with the esti- matcd cost of the improvements on the attached Exhibit "B", which improvements, if applicable, shall include right-of-way, design and construction costs. Sec Section 2.C, Special Conditions, Storm Drainage Lines and Appurtenances, for specific instruc- tions. 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 con- struction. 2. Special Conditions. A. Water lines. Not Applicable. -3- B. Sewer lines. Not Applicable. C. Storm drainage lines and appurtenances. (i) The Developer and the City agree that all on -site and off -site storm drainage improvements shall be completed by the Developer prior to the issuance of a certificate of occupancy. Completion of improvements shall include the certification by a licensed professional engineer that the detention pond and related structures which service this development, have been constructed in conformance with the approved plans. (ii) The Developer agrees to provide and maintain erosion control improvements as shown on the approved utility plans to stabilize all over -lot grading in and adjacent to this development. The erosion control improvements must be com- pleted prior to the issuance of any building permit. (iii) The Developer agrees to construct the drainage channel and storm sewer for the Fox Meadows Outfall along the south property line of the development. The City shall reimburse the Developer for the design and construction costs for said improvements. At the present time, the estimated costs for such design and construction have not been completed for inclusion into Exhibit "B". Accordingly, the Exhibit "B" in this agreement shall be amended when the estimate is com- plctc. Such amendment shall be accomplished by the attach- ment of a new Exhibit "B", dated and signed by the parties. The City's obligation to make reimbursement is contingent upon the parties agreement as to cost in the amended Exhibit "B" D. Streets. (i) Subject to the conditions of this agreement, the City agrees to reimburse the Developer for oversizing public improvements along Timberline Road for those portions of the streets along the property frontage shown on the approved utility plans. Such reimbursement shall be limited to the difference between the residential street standards and major arterial street standards. Reimbursement shall be made to the Devcl- oper in accordance with Section 29-680 of the City Code. (ii) When reimbursement is requested by the Developer, the City's obligation for payment shall be limited to those funds then budgeted and appropriated by the City for the improvements then completed. (iii) The street improvements to be constructed by the Developer under the terms of this agreement, for which the -4- Developer may be reimbursed by the City, shall be submitted by the Developer to a competitive bidding process and the construction of the same shall be awarded to the lowest responsible bidder. (iv) Prior to beginning construction of improvements to Timberline Road, the Developer shall deposit with the City a cash guarantee in the form of a certificate of deposit, cash, performance bond, letter of credit or other City approved means to guarantee the completion of all public improvements to be constructed in the street rights of way in accordance with the approved utility plans on file in the office of the Director of Engineering. The amount deposited shall be equal to 100% of the estimated cost of the improvements. The estimate shall be prepared by the Developer and sub- mitted to the Director of Engineering for review and approval. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices at all construction sites within the public right-of-way and/or other areas as deemed necessary by the Director of Engineer- ing 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 Engineer- ing. 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 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 blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. -5- 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. Tempo- 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. 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. This Agreement shall run with the real property 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 above described, as well as any assignment of the Developer's rights to develop such property under the terms and conditions of this Agree- ment. J. In the event the Developer transfers title to such real property and is thereby divested of all equitable and legal interest in said property, the City hereby agrees to release said Developer from liability under this Agreement with respect to any breach of the terms and conditions of this Agreement occurring after the date of any such transfer of interest. In such event, the succeeding property owner shall be bound by the terms of this Agreement. K. Each and every term and condition of this Agreement shall IIn be deemed to be a material element thereof. In the event either party shall fail or refuse to perform according to the terms of this Agreement, such party may be declared in default. In the event a party has been declared in default hereof, such defaulting party shall be allowed a period of five (5) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or, (c) avail itself of any other remedy at law or equity. L. In the event the default of any of the provisions hereof by either party which shall require the party not in default to commence legal or equitable action against said defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney's fees and costs incurred by reason of the default. Nothing herein shall be construed to prevent or interfere with the City's rights and remedies specified in Paragraph 3 E of this Agreement. -7- AT: City Clerk APPROVED AS TO FORM: "Director Engineering i City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation )�-- r— By: City Manager DEVELOPER FOX MEADOWS II, a Colorado General Partnership B �.� K. Bill Tiley, Managing Partn By: 1 L L%-mac_ loyd Deines, General Partner EXHIBIT "A" I. Schedule of water lines to be installed out of sequence. Not Applicable. 2. Schcdulc of sanitary sewer lines to be installed out of sequence. Not applicablc. 3. Schcdulc of street improvements to be installed out of sequence. Not Applicable. 4. Storm drainage improvements to be installed out of sequence. Not applicable. Ii2