HomeMy WebLinkAboutMEDICAL CENTER OF FORT COLLINS PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-18DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this Z ---day of 1z-1
199L, by and between the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as the "City";
MEDICAL PLAZA ASSOCIATES, a Colorado general partnership,
hereinafter referred to as the "Developer" and; DEVELOPER, OB-GYN
INVESTMENTS, LTD., a Colorado general partnership, and POUDRE
VALLEY HOSPITAL DISTRICT, collectively hereinafter referred to as
the "Owner".
WITNESSETH:
WHEREAS, 'the Developer and the Owner are the Owners 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:
MEDICAL CENTER OF FORT COLLINS, P.U.D., being a Replat of
Prospect/Lemay Office P.U.D. and being a Part of the
Southwest 1/4 of Section 18, Township 7 North, Range 68 West
of the sixth P.M., Fort Collins, 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:
1
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.
10
EXHIBIT "B"
NOT APPLICABLE
11
EXHIBIT C
COST ESTIMATE - REIMBURSEMENT FROM CITY TO DEVELOPER
DESCRIPTION
UNIT
IESTIMATEDI
CITY'S I
CITY'S I
TOTAL
UNIT
COST
(QUANTITY (PORTION I
COST I
I
COST
-----------------------------------------------------
REMOVE CONCRETE/ASPHALT/GRAVEL/SOD
S.F.
0.75
I--------- I---------
I 7,615 I
I---------
1,210 I
$908 I
---------I
$5,711
TRANSPLANT TREES
EACH
2O0.00
1 5 1
5 1
1,000 I
1,000 i
CONRETE SIDEWALK
S.F.
2.00
1 1,327 I
265 I
530 I
2,654 I
CONRETE RAMP
S.F.
3.00
I 445 I
270 I
810 I
1,335 I
CURB AND GUTTER
L.F.
10.00
I 409 I
162 I
1,620 I
4,090
ASPHALT PATCH
S.Y.
20.00
1 500 I
440 I
8,800
10,000
MOBILIZATION
L.S.
2,500.00
1 1 1
60%1
1,500 1
2,500 1
TRAFFIC CONTROL
L.S.
3,000.00
I 1 I
60%1
1,800 1
3,000 1
TOTAL CONSTRUCTION COSTS
$16 968
$30,290
ESTIMATED REIMBURSEMENT FROM CITY
TO DEVELOPER
$16,968
72
EXHIBIT D
COST ESTIMATE - REIMBURSEMENT FROM DEVELOPER TO CITY
UNIT
IESTIMATEDIDEVELOPER'SIDEVELOPER'SI
TOTAL
DESCRIPTION
UNIT
COST
IQUANTITY I
PORTION I
COST I
COST
------------------------------------------------------I---------I-----------I-----------I---------
REMOVE CONCRETE/ASPHALT/GRAVEL/SOD
S.F.
0.75
1 7,615 I
6,405 1
$4,804 I
$5,711
TRANSPLANT TREES
EACH
2O0.00
I 5 1
0 1
0 1
1,000
CONRETE SIDEWALK
S.F.
2.00
I 1,327 1
1,062 I
2,124 I
2,654
CONRETE RAMP
S.F.
3.00
I 445 I
175 I
525 I
1,335
CURB AND GUTTER
L.F.
10.00
I 409 I
247 I
2,470 I
4,090
ASPHALT PATCH
S.Y.
20.00
I 500 I
60 I
1,200 I
10,000
MOBILIZATION
L.S.
2,500.00
I 1 I
40%I
1,000 I
2,500
TRAFFIC CONTROL
L.S.
3,000.00
I 1 I
40%1
1,200 I
3,000
TOTAL CONSTRUCTION COSTS
$13,323
$30,290
ESTIMATED REIMBURSEMENT FROM DEVELOPER TO CITY
13
$13,323
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
E
required by this development as shown on the plat, site, landscape
and utility plans, and other approved documents pertaining to this
development on. file with the City.
F. Street improvements (except curbs, gutters and walks)
shall not be installed until all utility lines to be placed therein
have been completely installed, including all individual lot
service lines leading in and from the main to the property line.
G. The :installation of all utilities shown on the utility
plans shall be inspected by the Engineering Department of the City
and shall be subject to such department's approval. The Developer
agrees to correct any deficiencies in such installations in order
to meet the requirements of the plans and/or specifications
applicable to such installation. In case of conflict, the utility
plans shall supersede the standard specifications.
H. All storm drainage facilities shall be so designed and
constructed by the Developer as to protect downstream and adjacent
properties against injury and to adequately serve the Property (and
other lands as may be required, if any). The Developer has met or
exceeded the minimum requirements for storm drainage facilities as
have been established by the City in its Drainage Master Plans and
Design Criteria. The Developer does hereby indemnify and hold
harmless the City from any and all claims that might arise,
directly or indirectly, as a result of the discharge of injurious
storm drainage or seepage waters from the development in a manner
or quantity different from that which was historically discharged
and caused by the design or construction of the storm drainage
facilities, except for (1) such claims and damages as are caused by
the acts or omissions of the City in maintenance of such facilities
as have been accepted by the City for maintenance; (2) errors, if
any, in the general concept of the City's master plans (but not to
include any details of such plans, which details shall be the
responsibility of the Developer); and (3) specific directives that
may be given to the Developer by the City. Approval of and
acceptance by the City of any storm drainage facility design or
construction shall in no manner be deemed to constitute a waiver or
relinquishment by the City of the aforesaid indemnification. The
Developer shall engage a licensed professional engineer to design
the storm drainage facilities as aforesaid and it is expressly
affirmed hereby that such engagement shall be intended for the
benefit of the City, and subsequent purchasers of property in the
development.
I. The Developer shall pay storm drainage basin fees in
accordance with Chapter 26, Article VII of the City Code. Storm
drainage improvements eligible for credit or City repayment under
the provisions of Chapter 26 are described together with estimated
cost of the improvements on the attached Exhibit "B," which
improvements, if applicable, shall include right-of-way, design and
3
construction costs. See Section II.C, Special Conditions, Storm
Drainage Lines and Appurtenances, for specific instructions.
J. The Developer shall provide the Director of Engineering
with certified Record Plan Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the construction.
II. ,Special Conditions
A. Water Lines
Not Applicable
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and
off -site storm drainage improvements shall be completed by the
Developer in accordance with the approved plans prior to the
issuance of the first certificate of occupancy. Completion of
improvements shall include the certification by a licensed
professional engineer that the drainage facilities which serve this
development have been constructed in conformance with said approved
plans.
2. The Developer agrees to provide and maintain erosion
control improvements as shown on the approved utility plans to
stabilize all over -lot grading in and adjacent to this development.
The Developer :is also required to post a security deposit prior to
beginning construction to guarantee the proper installation and
maintenance of the erosion control measures shown on the approved
plans. Said security deposit shall be made in accordance with the
criteria set forth in the Storm Drainage Design Criteria and
Construction Standards.
D. Streets.
1. The traffic signal at the intersection of Prospect
Road and Lemay Avenue shall be moved by the City at its expense.
The Developer shall construct all other street improvements to
Prospect Road and Lemay Avenue abutting the Property in accordance
with the approved plans for this development with the costs of all
such construction to be borne by the Developer, except that the
Developer shall. be entitled to full reimbursement from the City for
the costs of constructing those improvements as identified on
Exhibit "C" attached hereto and incorporated herein by reference.
The City shall make said reimbursement to the Developer promptly
after the Developer has submitted complete invoices to the City
4
showing all costs and after the City has verified that the costs
incurred by the Developer in the construction of said improvements
are reasonable.
Notwithstanding the foregoing, the Developer and the City
anticipate that the City may commence the construction of a Capital
Improvement Project to make improvements to the Prospect/Lemay
intersection, which improvements may include the construction of
those improvements identified on Exhibit "C" together with certain
other improvements which are the obligation of the Developer to
construct and which are particularly identified on Exhibit "D"
attached hereto and incorporated herein by this reference. In the
event that the City constructs said improvements, the Developer
shall reimburse the City, prior to the issuance of any building
permit for Tract "D" of this development, for those improvements
constructed by the City as identified on Exhibit "D," or if the
improvements are in the process of being constructed by the City,
but the final costs are undetermined, the Developer may obtain a
building permit for improvements on Tract "D" by the escrowing with
the City the C:ity's reasonable estimate of the Developer's share of
the costs under this Agreement. The final costs shall be paid
prior to the issuance of a certificate of occupancy for Tract "D".
2. Subject to the conditions of this Agreement, the City
agrees to reimburse the Developer for oversizing public street
improvements along Lemay Avenue and Prospect Road for those
portions of said streets abutting the Property as shown on the
approved utility plans. Reimbursement for both Lemay Avenue and
Prospect Road shall be for oversizing the sidewalk from residential
standards to arterial street standards. The City shall make
reimbursement to the Developer for the aforesaid oversized street
improvements in accordance with Section 24-121 of the Code of the
City. The Developer agrees and understands that the City shall
have no obligation to make reimbursement payments for street
oversizing unless funds for such payments shall first have been
budgeted and appropriated from the Street Oversizing Fund by the
City Council; and the Developer further understands that to the
extent that funds are not available for such reimbursement, the
City may not, ,in the absence of the Developer's agreement, require
the construction, at the Developer's expense, of any oversized
portion of streets not reasonably necessary to offset the traffic
impacts of the development. The Developer does hereby agree to
construct the aforesaid oversized street improvements with the
understanding that the Developer may not be fully reimbursed by the
City for the cost of such construction. The Developer further
agrees to accept payment in accordance with Section 24-121 (d) of
the Code of the City as full and final settlement and complete
accord and satisfaction of all obligations of the City to make
reimbursements; to the Developer for street oversizing expenses. It
is anticipated by the City that the City's reimbursement, in
accordance with Section 24-121 (d), would not be less than fifty
0
percent (50%) of the Developer's actual expenses incurred and will
be calculated in accordance with the formula as set forth in
Section 24-123. (d).
III. Miscellaneous
A. The Developer agrees to provide and install, at its
expense, adequate barricades, warning signs and similar safety
devices at all construction sites within the public right-of-way
and/or other areas as deemed necessary by the Director of
Engineering in accordance with the City's "Work Area Traffic
Control Handbook" and shall not remove said safety devices until
the construction has been completed and approved by the Director of
Engineering.
B. The Developer shall at all times, keep the public right-
of-way free from accumulation of waste material or rubbish caused
by the Developer's operation; shall remove such rubbish no less
than weekly and; at the completion of the work, shall remove all
such waste materials, rubbish, tools, construction equipment,
machinery, and surplus materials from the public right-of-way. The
Developer further agrees to maintain the finished street surfaces
so that they are free from dirt caused by the Developer's
operation. Any excessive accumulation of dirt and/or construction
materials shall be considered sufficient cause for the City to
withhold building permits and/or certificates of occupancy until
the problem is corrected to the satisfaction of the Director of
Engineering. If the Developer fails to adequately clean such
streets within two (2) days after receipt of written notice, the
City may have the streets cleaned at the Developer's expense and
the Developer shall be responsible for prompt payment of all such
costs.
C. The Developer hereby insures that its subcontractors shall
cooperate with the City's construction inspectors by ceasing
operations when winds are of sufficient velocity to create blowing
dust which, in the inspector's opinion, is hazardous to the public
health and welfare.
D. When the inspector determines that erosion (either by
wind or water) is likely to be a problem, the surface area of
erodible earth material exposed at any one time shall not exceed
200,000 square feet for earthworks operations. Temporary or
permanent erosion control shall be incorporated into the
development at the earliest practicable time. By way of
explanation and without limitation, said control may consist of
seeding with approved grasses, temporary dikes, gabions, and/or
other devices.
E. The Developer shall, pursuant to the terms of this
Agreement, complete all improvements and perform all other
0
obligations, required herein, as such improvements or obligations
may be shown on the original plat and related documents, or any
replat as subsequently filed by the Developer, and the City may
withhold such building permits and certificates of occupancy as it
deems necessary to ensure performance hereof.
F. Nothing herein contained shall be construed as a waiver of
any requirements of the City Code, and the Developer agrees to
comply with all requirements of the same.
G. In the event the City waives any breach of this Agreement,
no such waiver shall be held or construed to be a waiver of any
subsequent breach hereof.
H. Financial obligations of the City of Fort Collins payable
after the current fiscal year and/or not appropriated or budgeted
are contingent: upon funds for that purpose being appropriated,
budgeted and otherwise made available.
I. This Agreement shall run with the Property and shall be
binding upon the parties hereto, their personal representatives,
heirs, successors, grantees and assigns. It is agreed that all
improvements required pursuant to this Agreement touch and concern
the Property regardless of whether such improvements are located on
the Property. Assignment of interest within the meaning of this
paragraph shall specifically include, but not be limited to, a
conveyance or assignment of any portion of the Developer's real or
proprietary interest in the Property, as well as any assignment of
the Developer's rights to develop the Property under the terms and
conditions of this Agreement.
J. In the event the Developer transfers title to the Property
and is thereby divested of all equitable and legal interest in the
Property, the City hereby agrees to release said Developer from
liability under this Agreement with respect to any breach of the
terms and conditions of this Agreement occurring after the date of
any such transfer of interest. In such event, the succeeding
property owner shall be bound by the terms of this Agreement.
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 given
written notice specifying such default and shall be allowed a
period of five (5) days within which to cure said vent 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.
7
L. In the event of the default of any of the provisions
hereof by either party which shall require the party not in default
to commence legal or equitable action against said defaulting
party, the defaulting party shall be liable to the non -defaulting
party for the non -defaulting party's reasonable attorney's fees and
costs incurred by reason of the default. Nothing herein shall be
construed to prevent or interfere with the City's rights and
remedies specified in Paragraph III.E of this Agreement.
ATTEST:
�.� �wi'C'• t, CITY CIERX
APPROVED AS TO CONTENT:
Di ector of En ine g
APPROV AS TO FORM:
City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Muni 'pal Corporation
By: <—
ty Manage
DEVELOPER:
MEDICAL PLAZA ASSOCIATES, a
Colorado General Partnershi
By:
By:
By: /� ��� �cci�✓�
Gary/ A. Ludwin, Partner
Partner
OWNER:
MEDICAL PLAZA ASSOCIATES, a
Colorado General Partnership
By:
r
By:
By:
OB-GYN INVESTMENTS, LTD., a
Colorado Genera Partnership
"`
Byl CzCt /✓ c/t1f t�.�//�
Gar". Ludwin,-Partner
By: 7 4rteverly E Donnelley, Pn
By:
arren K. Jam , Partner
By:
i G_c �
Kelvin F. Kesler, Partner
By: lr f ,
POUDRE VALLEY HOSPITAL DISTRICT
By:
ighn ri, Chief Executive
ficer
0