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HomeMy WebLinkAboutOAKRIDGE BUSINESS PARK THIRTEENTH - Filed OA-OTHER AGREEMENTS - 2004-01-07OAKRIDGE BUSINESS PARK THIRTEENTH FILING FIRST AMENDMENT AGREEMENT THIS AMENDMENT AGREEMENT, made and entered into this day of`C 1990, by and between the CITY OF FORT COLLINS, COLO- _ RADO, a iunicipal corporation ("City"), and EVERITT ENTERPRISES LIMITED PARTNERSHIP NO. I, a Colorado limited Partnership ("Developer"), is an amendment to that certain Development Agreement dated the 14th day of June, 1990, by and between the City and the Developer, ("Development Agreement"). WHEREAS, the parties hereto previously executed the Development Agree- ment; and WHEREAS, the parties are presently desirous of modifying the Develop- mcnt Agreement. 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, the parties agree as follows: Subheading 2 (Special Conditions), of the Development Agreement shall be modified to add subparagraph E. as follows: E. Hazards and Emergency Access. (i) No combustible material will be allowed on the site until a permanent water system is installed by the Developer and approved by the City. (ii) The Developer shall provide an acccssway to any building under construction, adequate to handle any emergency vehicles or equipment, and to properly maintain such acccssway at all times. Such acccssway shall be at a minimum, 20' wide with 4" aggregate base course material compacted according to City Standards and with an 80' diameter turnaround at the building end of said acccssway. (iii) The issuance of any footing foundation permit by the City is made solely at the Developer's own risk and the Developer shall hold the City harmless from any and all damages or injuries arising directly or indirectly out of the issuance of said permit prior to the completion of the requirements in accordance with Section 29-678 of the Code of the City. Except as herein amended or modified, the Development Agreement shall continue in full force and effect. This Agreement and the Development Agree- ment constitute the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. EXHIBIT "A" I. Schedule of water lines to be installed out of sequence. Not ,applicable. _. Schedule of sanitary sewer lines to be installed out of sequence. Not applicable. 3. Schedule of street improvements to be installed out of sequence. Replacement of driveway island for right -in right -out operation as provided in section 2.D.(ii) of this agreement. a. Storm drainage improvements to be installed out of sequence. Not applicable. m "EXHIBIT B" NOT APPLICABLE -9- City Clerk APPROVED AS TO Fn /T�4�City Attorney V(�� ircctor Engineering CITY OF FORT COLLINS A MUNICIPAL CORPORATION By. (4, , Steven C. Burkett City Manager 61 DEVELOPER: EVERITT ENTERPRISES LIMITED PARTNERSHIP NO.I, A Colorado Limited Partnership By: Everitt Enterprises Inc., a General Partner 94 sutiyC Vice President ATTEST: (corporate scat) B y �r�—�iT2tr'-�4s9+5t�k- �ecre t�rT AWJ. V, -2- DEVELOPMENT AGREEMENT THIS AGREEMENT, madc and entered into this day of -7n� 199L , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal Corporation, hercinaf ter referred to as "the City" and EVERITT I;N'TF_RPRISES LIMITED PARTNERSHIP NO.I, a Colorado Limited Partnership. hereinafter rcicrred to as "the Dcvcloper". WITNESSETH WHEREAS, the Developer is the Owner of certain property situated in the ount\ of Larimcr, State of Colorado, and legally described as follows, to wit: OAKRIDGE BUSINESS PARK THIRTEENTH FILING, a Planned Unit Derelopment, Located in the NW 1/4 of Section 6. To%cnship 6 North. Range 68 west of the 6th P.M., City of Fort Collins. County of Larimer. State of Colorado. MIEREAS. the Dcvcloper desires to develop said propert% and has ,ubmittcd to the Cin a subdivision plat and/or a site plan and landscape plan, A cop% of L� I-_ich is on file in the Office of the Director of Engineering and madc o part hereof be reference: and %MERFAS, the Developer has further submitted to the City a utility plan for said lands, a cop% of which is on file in the office of the Director of 1=nginccring Lind made a part hereof by reference; and WHEREAS, the parties hcrcto have agreed that the development of said lands will rcquirc increased municipal services from the City in order to serve such area and ��ill further require the installation of certain improvements printarik of hcncfit to the lands to be developed and not to the Cite of Fort ('ollins as a LOlolc: and tfHEREAS, the Citc has approved the subdivision plat and or site plan rind landscape plan submitted I?% the Developer subject to certain requirements and condition; which invol%c the installation of and construction of utilities anti other municipal improvements in connection with said lands. N0W, THEREFORE. in consideration of the promises of the parties hcrcto and other good and valuable consideration, the receipt and adequacy of \� hich is hereby acknowledged, it is agreed as follows: I. General Conditions The terms of this Agreement shall govern all development ❑ctivitics d the Developer pertaining to the subject property described aboNc. For the purposes of this Agreement. "development activities" shall include, but not be limited to, the fullo�� ing: i I ) The actual construction of improvements, (3) Obtaining a building permit therefor, or (3) Any change in grade. contour or appearance of said property caused by or on behalf of the Dcvcloper kith the intent to construct improvements thereon. B.AII water lines. sanitary sewer collection lines, storm sewer lines and lacilitics, 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) dear time limitation from the date of execution of this agreement. In the cNcnt that the Developer commences or performs any construction Pursuant hereto of to three (3) %cars from the date of execution of this agreement, the Developer shall resubmit the project utility Plans to the Director of Engincering for reexamination. The Cite maa 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 Cite. No building permits shall be issued for any structure located in excess of six hundred sixty feet (660') Crom a single point of access. D. - E. Exccpt as otherwise herein specifically agreed, the Dcvcloper ❑grces to install and pay for all water, sanitary sewer and storm sewer facilities and appurtenances, and all streets, curbing. gutter, sidewalks, bikcwaNs and other puhlic improvements requited by this dcaclopment as shown on the plat, utility ❑nd landscape plans. and other approved documents pertaining ro 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 scr%iec lines eading 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 subject to such department's approval. The Dcvcloper 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 supersede the standard specifications. H. All storm drainage facilities shall be so designed and constructed 1)y the Dcvcloper 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, it' 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 hcrebv 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 Cit_v in maintenance of such facilities as have been accepted by the Cit_v for maintenance; (2) errors, it' 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 anv storm drainage facility design or construction shall in no manner be deemed to constitute a waiver or relinquishment by the Cit_r of the oforesaid indemnification. The Developer shall en;aoc 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 Cite. and subsequent purchasers of property in the dc%clopmc11L The Dcvcloper 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 pioNisions of Chapter 26 are described together with the estimated cost of the improvements on the attached Exhibit "B," which improvemcnts, if applicable, shall include right-of-way, design and construction costs. See Section 2.C, Special Conditions, Stonm Drainage Lines and Appurtenances, for specific inS[r ue t i ons. .I. Thc. Dcvcloper shall provide the Director of Engineering with ccrtil ied Record Utility Drawing Transparencies on Black Image D11ZO RC%CrSC D4ylars upon completion of any phase of the construction. _. St�ccinl Conditions. %. %'atcr lines. V'of Applicable. 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 the first certificate of occupancy. Completion of improvements shall include the 3- certification by a licensed professional engineer that the drainage facilities which serve 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 completed prior to the issuance of any building permits. (iii) The Developer shall be responsible for the maintenance of the off -site drainage swalc constructed for this development. D. Streets. (i) Subject to the conditions of this agreement, the City agrees to reimburse the Developer for oversizing the sidewalk along Lemay Avenue for those portions of said sidewalk abutting the property as shown on the approved utility plans. Reimbursement for Lemay Avenue shall be limited to oversizing the sidewalk from residential standards to arterial standards. The City shall stake reimbursement to the Developer for the aforesaid oversized sidewalk 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 Ovcrsizing Fund by the City Council; and 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 aQrecmcnt require the construction, at the Developer's expense, of any oversized portion of streets not rcasonably necessary to offset the traffic impacts of the devclopment. 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 Citv 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 rcim bursc ments to the Developer for street oversizing cxpcnscs. It is anticipated by the C i t v that the Citv's reimbursement in accordance with Section 24-121 (d), would not be less than fifty percent (501st) of the Developer's actual expenses incurred and will be calculated in accordance with the formula as set forth in Section 24-121 (d). (ii) The Developer shall, at its expense, be responsible to reconstruct the center island in the driveway entrance to the devclopment from Oakridge Drive to conform with the future design for changing the function of said driveway to a right -in right -out turning movement only, as shown on the approved utility plan, at such time that the City Traffic 4- Engineer determines that such reconstruction is necessary, in accordance with generally accepted traffic engineering standards. The Developer shall reconstruct the island within six months of receipt of such request from the City. �. 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 approved by the Director of Engineering. B. The Devcloper 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 andjor certificates of occupancy until the problem is corrected to the satisfaction of the Director of Engineering. If the Devcloper 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 nperations 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. Avhen 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 subdivision at the earliest practicable time. By way of explanation and without l iinitation, said control may consist of seeding of approved 1r1sscs, temporary dikes, gabions, andjor other devices. L. 1he Devcloper shall, pursuant to the terms of this agreement, cnmplctc 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 rcplat 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. 5- 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 Citv waives any breach of this agreement, no such waiver shall be held or construed to be it waiver of ally subsequent brcach hereof. IL Financial obligations of the City of Fort Collins payable after the current fiscal year and/or not appropriated or budgeted arc contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. this Agreement shall run with the real property herein 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, ❑ convcvance or assignment of any portion of the Developer's real or proprietary interest in the real properrc herein described, as well as anv assignment of the Developer's rihts to develop such property under the terms and conditions of this :Agreement. J. In the cNcnt the Developer transfers title to such real propert}' and is thercbc divested of all equitable and legal interest in said property. the Citc herebv agrees to release said Developer from liability under this Agreement with respect to anv breach of the terms and conditions of this Agreement occurring after the date Of anv such transfer of interest. In such event, the succeeding property owner shall be bound by the terms of this Agreement. K. Fach and cccry term and condition of this Agreement shall be deemed to be a material clement hereof. In the went cither party shall fail or refuse to perform according to the terms of this Agreement. such part} may be declared in default. to the event a part% has been declared in default hereof, such defaulting party shall be altov+cd 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 sock damaecs: (b) treat the Agreement as continuing and require specific performance; or, (e) avail itself of a n v other remedy at la« or equity. L. In the event of the default of any of the provisions hereof by cither party which shall require the party not in default to commence legal or equitable action against said defaulting party, the dcf aulting part% shall be liable to the non -defaulting party for the non-dcfaulting partv's reasonable attornev's fees and costs incurred b% reason of the default. Nothing herein shall be construed to pic%cnt or interfere with the Citv's rights and remedies specified in Paragraph 3 E of this Agreement. 6- \TTEST:�� Cite Clcrk \PPRO\ ED AS TO/FORM: �,c.Jc c2K.= Dircc[or r� Fnaincc/ering THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation Bv: City Manager DEVELOPER: EVERITT ENTERPRISES LIMITED PARTNERSHIP NO. I By: Everitt Enter rises, Inc,' a General P rtcr Bv: i David G. Everitt, Executive Vice President Vll ES"f: J �/V a / (Corporate Seal) B v �1:'tti(. /jr, / �--- I race Ilozic, Assista t Secretary