HomeMy WebLinkAboutNEW BEGINNINGS PHASE ONE OF REDWOOD VILLAGE COMMONS - Filed DA-DEVELOPMENT AGREEMENT - AMENDMENT ONE - 1986-03-14New Beginnings Phase I
of Redwood Village Commons
Amendment Agreement No.1
THIS AGREEMENT, made and entered into this /+'[ day of /*JeCM—,
1984, by and between the CITY OF FORT COLLINS, COLORADO, a mum cipal
corporation ("City"), and RECOVERY CENTERS OF AMERICA—WESTERN, INC., a
California corporation ("Developer").
WHEREAS, the City previously executed a Development Agreement with
Jay Kee Jacobson dated on or about the 18th day of September, 1985; and
WHEREAS, the ownership of the subject property has been transferred
to the Developer, Recovery Centers of America —Western, Inc., a California
corporation, by Warranty deed dated October 2, 1985, and recorded at the
Office of the Larimer County Clerk and Recorder by reception No. 85050549
on October 3, 1985; and
WHEREAS, the parties hereto are desirous of modifying the original
Development Agreement referred to above and which is in full force and
effect.
NOW THEREFORE, in consideration of the mutual promises of the parties
hereto and other good and valuable consideration, the receipt and adequacy
of which is hereby acknowledged, the parties agree as follows:
Exhibit B attached to the above mentioned Development Agreement is
replaced in its entirety by Exhibit B, attached hereto and
incorporated herein by reference.
Except as herein amended or modified, the Development Agreement shall
continue in full force and effect. This Agreement and the Development
Agreement constitutes the entire understanding of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands the day
and year first written.
CITY OF FORT COLLINS
a municipal corporation
By_ i ---
City t4anager
t
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 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
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 permanent erosion control shall be incorporated
into the subdivision at the earliest practicable time. By way
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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 he
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. In addition, it is
agreed and understood between the developer and the City that
the City shall have the right to refuse issuance of building
permits and certificates of occupancy in the subject
development as the City, in its sole discretion, shall deem
necessary in order to insure performance by the developer of
any other obligation the developer may have to the City,
whether pursuant to other development agreements, or
otherwise.
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
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appropriated, budgeted and otherwise made available.
I. 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.
THE CITY OF FORT COLLINS, COLORADO
A Municipal ,Corporation
By
City Manager
\i � 1 �1♦ tom,_ _.:
1 '
APPROVED:
i y tngineer
APPROVWAS TO, FORM:
Cvty 'Att ney /
pll�
OW R
ay e a bson
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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.
5. Landscaping to be installed out of sequence.
See paragraph 2.C.
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EXHIBIT "B"
The Development Agreement for New Beginnings Phase I of Redwood Villane Commons.
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.
2
Sub -Total
Channel excavation, detention pond
excavation and riprap
Sub -Total
L.f.
/L.f. $
L.f.
/L.f. $
Ea.
Ea. $
Ea.
Ea. $
e
C.Y.
$
/C.Y.
$
C.Y.
$
/C.Y.
$
C.Y.
$
/C.Y.
$
EXHIBIT B - Page 2
ITEM DESCRIPTION
3. Right-of-way & easement acquisition
(a)
(b)
Sub -Total
4
(a)
5
Professional Design
Other
TY UNIT COST TOTAL COST
S.F. $ /S.F. $
Ac. $ /Ac. $
Lump Sum $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
Prepared by:
Address:
Ti tl e:
0
ATTEST -
City Clerk
TTEST: � �7
Secreta y
RECOVERY CENTERS OF AMERICA—WESTERN,
INC, a C ifornia corporation
J. Doty
Chief eratia Of icer
�Cporporate Seal
The Development Agreement for New Beginnings.
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. Channel excavation, detention
pond excavation and riprap
(a) Excavation
(b) Berm Embankment
(c) Revegetation
Sub -Total
2. Professional Design
(a) Engineering Professionals, Inc.
6800 C.Y. $ 2.50/C.Y. $ 17,000.00
1200 C.Y. $ 1.75/C.Y. $ 2,100.00
3.6 Ac. $1,500.00/Ac. $ 5,400.00
$ 24,500.00
Lump Sum $ 1,250.00
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment.
$ 25,750.00
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 18 day of S2*MJ4Y,
A.D. 198 S, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and JAY KEE JACOBSON,
owner, hereinafter referred to as "the Developer,"
WITNESSETH:
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:
New Beginnings Phase I of Redwood Village Commons, a planned unit
development, located in Section 1, Township 7 North, Range 69 West
of the 6th P.M., City of Fort Collins, Larimer County, 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 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 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 promises of the parties
hereto and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, it is agreed as follows:
1. General Conditions.
A. 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 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 reexamination. 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.
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 structure
have seen completed and accepted by the City. No building
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permits shall be issued for any structure located in excess
of six hundred sixty feet (660') from a single point of
access.
C. 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 determined that any
water lines, sanitary sewer lines, storm sewer facilities
and/or streets are required to provide service or access to
other areas of the City, those facilities shall be shown on
the utility plans and shall be installed by the Developer
within the time as established under " Special Conditions" in
this document.
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
development.
E. Street improvements (except curbing, gutter and walks) shall
not be installed until all utility lines to be placed therein
have been completely installed, including all individual lot
service lines leading in and from the main to the property
line.
F. 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
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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 drawings
shall supercede the standard specifications.
G. 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 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 as may be given to the Developer by the
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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
accordance 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 constructed 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 out of the Storm Drainage fund upon
completion of the improvements and approval of the
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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
construction.
2. Special Conditions.
A. Storm drainage lines and appurtenances.
All storm Drainage facilities shall be completed by the
Developer and approved by the City prior to the issuance of
the Certificate of Occupancy.
B. Streets.
The City agrees to repay the Developer for oversizing Redwood
Street to Collector standards in lieu of local street
standards in accordance with Section 99-6.F of the Code of
the City of Fort Collins.
C. Other.
The developer agrees to complete all landscaping within the
area shown as Phase One on the Landscape plan on file in the
City Engineers Office prior to the issuance of the
Certificate of Occupancy. The remainder of the landscaping
(shown as Phase Two on said landscape plan) shall be
completed within three years from the date of the issuance of
the Certificate of Occupancy.
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
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