HomeMy WebLinkAboutONE PROSPECT PUD AT PROSPECT EAST - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-12DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this d day of
199_0_, by and between THE CITY OF FORT COLLINS, COLORiRri�'
Municipal Corporation, hereinafter referred to as "the City"; G.B. VENT
Colorado General Partnership, hereinafter referred to as "the Developer"; and
STATE OF COLORADO, hereinafter referred to as "the Owner".
WITNESSETH
WHEREAS, the Developer has entered into a long term lease agreement
With the Owner which (case agreement authorizes the Developer to develop
certain property owned by the Owner situated in the County of Latimer, State
of Colorado, and legally described as follows, to wit:
ONE PROSPECT P.U.D. AT PROSPECT EAST, Being a Replat
of Lots I, 2, 13. la, 15 and 16 of Prospect Park East P.U.D.,
Situate in the Southwest 1/4 of Section 17 and the North 1/2 of
Section 20, Township 7 North, Range 68 West of the Sixth P.M.,
Fort Collins, Larimer Counfv, Colorado.
WHEREAS, the Developer desires to develop said 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 ref ercnce. 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 in%°olve 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
activities of the Developer pertaining to the subject propel n
described above. For the purposes of this Agreement.
"development activities" shall include, but not be limited to, the
following: (1) The actual construction of improvements, (')
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 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 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
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 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
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 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 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 pav 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
estimated cost of the improvements on the attached Exhibit 'B;'
which improvements, if applicable, shall include right-of-way,
design and construction costs. See Section 2.C, Special Conditions,
Storm Drainage Lines and Appurtenances, for specific
instructions.
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
construction.
Special Conditions.
,%. Water lines.
Not Applicable.
B. Sewer Tines.
Not Applicable.
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C. Storm Drainage
(i) Prior to the issuance of certificate of occupancy for each
building the Developer shall complete all on -site and off -site
drainage improvements related to the safe function of said
building. Completion of improvements shall include the
certification by a licensed professional engineer that the
drainage improvements which serve this development have
been constructed in conformance with the approved plans.
Said certification shall include verification that finished
floor and lowest openings elevations are at or above the
elevations shown on the approved plans.
(ii) Buildings "C" and "D" as shown on the approved site plan,
are located in the Federal Emergency Management Agency
(FEMA) designated Spring Creek Overflow Floodway. Said
buildings are restricted from obtaining building permits
unless it can be shown to he satisfaction of the City that
all f loodplain/floodway use restrictions can be met or until
a map revision is obtained from FEMA to remove said
buildings from the floodway.
(iii) 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.
D. Streets.
(i) The Devcloper and the City agree that no street oversizing
reimbursement is due the Developer for the development.
3. 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 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 Tess than
weckl) 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
Devcloper further agrees to maintain the finished street surfaces
free from dirt caused by the Developer's operation. Any excessive
❑ccumulation 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. 11
the Developer fails to adequately clean such streets within two
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(2) days after
receipt of written ❑otice,
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.
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 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 anv
subsequent breach hereof.
H. Financial obligations of the City of Fort Collins payable after
the current fiscal vicar 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, a conveyance or assignment of any
portion of the Developer's real or proprietary interest in the real
property herein described, as well as any assignment of the
Developer's rights to develop such propertv under the terms and
conditions of this Agreement.
J. In the event the Developer transfers title to such real property
and is thcrchy divested of all equitable and legat interest in said
property, the City hereby agrees to release said Developer from
iability 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 be
deemed to be a material clement hereof. 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 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 3 E of this Agreement.
I on
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: G" G%iMJ�V
City Manager
ATTEST:ACUL
2
Citv Clerk
APPROVED AS TO FORM:
rector of Engineering
tv Attornev
G.B. VE'N URES,
a Coloradol Gence
Pa
-"Williatn W. Reynolds. Paj/tner
By: /Q,:c JA
G.P. Lee, Partner
(seal)
ATTEST:
o �
M L. awrcncc,
Ezc`c ivc Secrctary
OWNER:
STATE OF COLORA�DO
By: V""" e'er / ��4? i
(seal)
Name: Zucy Black C
Titic:�President, hC
Title
E
ert R. Mai an er
ister sion r
n S. Wilkes
ineer, Commissioner
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.
i. Schedule of street improvements to be installed out of sequence.
Not Applicable.
4. Storm drainage improvements to be installed out of sequence.
Not applicable.
M
M*.1.11:3 dt.m
NOT APPLICABLE
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