HomeMy WebLinkAboutSAN CRISTO PUD - Filed DA-DEVELOPMENT AGREEMENT - 1994-09-19SAN CRISTO P.U.D.
AMENDMENT AGREEMENT NO.1
THI� AMENDMENT AGREEMENT, made and entered into this y
day of j , of 1994(1 by and between the CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter referred to as the
"City" and DAVERN PROPERTIES, a Colorado general partnership, and
THE RESOURCE ASSISTANCE CENTER FOR NONPROFITS, INC., a Colorado
non-profit corporation, collectively hereinafter referred to as the
"Developer" is an amendment to that certain "Development Agreement"
dated the 25th of January, A.D. 1988, by and between the City, FORT
COLLINS BUSINESS CENTER, LTD.
WHEREAS, the parties hereto (or their predecessor's in
interest) previously executed the Development Agreement; and,
WHEREAS, the parties are presently desirous of modifying the
Development 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:
1. Subheading 2. Special Conditions. Section C. Storm
drainage lines and appurtenances, (i) is deleted in its
entirety from the Development Agreement and replaced with
the following:
(i) The Developer and the City agree that the temporary
detention pond has been graded in accordance with
the approved utility plans for this development.
The disturbed areas of said detention pond shall be
revegetated with dryland grasses in accordance with
City criteria prior to the issuance of more than 8
certificates of occupancy for this development.
Said detention pond shall be maintained in
accordance with the approved plans for this
development. Since said detention pond is graded,
it is agreed that all remaining 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 more than 13
building permits. 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.
Except as herein modified, the Development Agreement shall
continue in full force and effect. This Agreement and the
Development Agreement constitute the entire understanding of the
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SITE PLAN SCHEMATIC FIGURE 4
Recorded at —
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PERSONAL REPRESENTATIVE'S DEED
11 THIS DEED, is made by
to CITY OF F
(Testate Estate)
JAMES S. WEBSTER
as Personal Representative of the Estate of
. deceased, Grantor,
Grantee,
whose legal address is P. 0 Box 530 Fort Coll i ns, Col orado_
85022
WHP,REAS, the above -named decedent in his lifetime made and executed his
Last Will and Testament dated ['lay 19 19 78 which Will
was duly admitted to �t/,/Wlll(infornu h probate on _October 10
19 34_- , , the Di Stri ct _ Court in and for the
of _Larimer _ , and Stetc of Colorado. Prchatc No. 84 PR 261
WHEREAS, Grantor was duly appointed Personal Representative of said Estate on October 10
19 84 , and is now qualified and acting in said capacity.
County
NOW. THEREFORE, FORE, pursuant to the powers contcrred upon Grantor by the Colorado Probate Code, Grantor does
t'ands NO/100_ts$f00gn msfer anti set over unto Gr_tDoll `'{(t/,�i//eir for l
in consideration of
TEN
k4t4U-AA1(i Vl the following described real property situate in the _ County of
Larfiner _ State of Colorado: A strip of land situate in the NW -a of Section 7,
T 7 N, R 63 W of the Sixth P.M., City of Fort Collins, County of Larimer, State of Colorado, lying
adjacent to the W 25.90 feet of Tenth Street located in Anderson Place and more particularly descri
ed as considering the West. line of the said NW'a as bearing S 020 04' 03" W and with all bearings
contained herein relative thereto and beginning at a point which bears S 020 04' 03" W 1319.99 feet
and again S 890 55' 57" E 358.00 feet from the NW corner of said Section 7 and run thence S 890 55'
57" E 12.00 feet; thence N 020 04' 03" E 1250.83 feet to a point on the South line of the
Burlinnton florthern Railroad right-of-way; thence N 890 36' 37" W 12.00 feet along the said
South line; thence S 020 04' 03" 11 1250.90 feet to the point of beginning, containing 15,003 square
feet more or less.
also known by street and number as none assigned
With all jppurtcnances, subject to covenants, easements and restrictions of record. and subject to general properly taxes
forvld�/v6:fJt�i/LI LLL/,d,A,�6�iEdi/d, all prior years, liens, encumbrances, easements, rights -
of -way, covenants, reservations, and restrictions of record and/or in place, if
any.
As used herein. th. singular includes the plural and the masculine gender the feminine and neuter genders as the context
may require.
Executed March 3 , 19 88
as. ersonal Reprosentative of the
Estate of Samuel J. Webster
Deceased
I
STATE OF COLORADO ts.
COUNTY OF Iarimer
parties.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: c-17 rJG
City Manager
ATTEST:
a �d •nQ�
CITY CLERK
APPROVED AS TO CONT T:
ZZY4, Ilk '4
Director of Enginee
AP RO�E� AS TO FORM:
City Attorney
DEVELOPER:
Davern Properties, a Colorado
general p'rtnership
Da 'id H. Hawes, General Partner
By:
Vernon R. Sunset, General Partner
The Resource Assistance Center for
Non- Profits Inc., a Colorado non-
profit corporati*res*
By: �
L 1 e Stitzent
2
ATTEST: �!
By: Anit Clardy, Secretary
86.01
RCPTN # `;8�17269 OA118188 1d:51:46 # OF PAGES - 2 FEE- S. 0(4
M. ROOENBERGER, RECO_ 'R - LARIMER COUNTY CO STA 000 FEE -
STIPULATION AND AGREEMENT
THIS STIPULATION AND AGREEMENT is executed this day of
January, 1988, by and between the CITY OF FORT COLLINS, COLORADO
(City) and (Developer).
WHEREAS, the Colorado General Assembly has provided for the
establishment under certain circumstances of vested rights in the
development of real property in the State of Colorado;
WHEREAS, pursuant to 24-68-102(4), C.R.S., what constitutes a
site specific development plan that would trigger a vested prop-
erty right shall be finally determined either pursuant to ordi-
nance or upon an agreement entered into by the City and the
Developer;
WHEREAS, as of the 25th day of January, 1988, the City's
ordinance identifying and specifying "site specific development
plans" shall not yet have taken effect; and
WHEREAS, the purpose of this Agreement is to accomplish, by
agreement entered into between the City and the Developer, an
understanding of what constitutes a site specific development
plan pursuant to Colorado statute.
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:
1. The approval, by the City Planning and Zoning Board,
of January 25, 1988, of the following described pro-
ject, to -wit:
shall/-`-'e.wrl!noc constitute a site specific develop-
ment plan as defined in Title 24, Article 68 of the
Colorado Revised Statutes. (If the aforesaid project
shall be deemed to constitute a site specific devel-
opment plan, it is further understood and agreed bet-
ween the parties that said site specific development
plan shall be governed according to the terms of
Ordinance 2, 1988 and Ordinance 3, 1988 as though
said ordinance were fully in effect at the time of
approval of the aforesaid development.)
2. If a court of competent jurisdiction should determine
that any part of this Agreement shall be invalid or
unconstitutional, then the remaining portions of this
Agreement shall continue in effect and shall not be
affected by the invalidity of the other portion or
portions.
3. This Agreement shall be deemed to run with the land
as described in the aforementioned project and shall
inure to the benefit of the parties, their heirs,
successors, representatives and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
ATTEST:
�LL V -
City Clerk'
APPROVED AS TO FORM:
Assistant City Attorney
City of Fort Collins, Colorado
a municipal corporation
(Owner)
APPENDIX A
A
ANNEXATION AGREEMENT
This Agreement is made this 19th day of August, 1986 by and
between Fort Collins Business Center, Ltd. (the "Partnership") a
Colorado limited partnership and the City of Fort Collins,
Colorado (the "City").
WHEREAS, the Partnership is the owner of a parcel of
property (the "Property") in Larimer County, Colorado which is
described on the attached Exhibit "A" and incorporated herein by
reference; and
WHEREAS, the Partnership desires to have the Property
annexed to and developed within the City provided that an
equitable agreement is reached between the City and the
Partnership with regard to major street improvements required for
such annexation and development; and
WHEREAS, representatives of the Partnership have submitted
to the City' various traffic studies of the proposed development
of the Property and have met with representatives of the City to
discuss City street requirements; and
WHEREAS, the City Council of the City is of the opinion that
it is in the best interest of the City to annex and zone the
Property and to enter into an annexation agreement with the
Partnership setting forth the obligations of the parties with
regard to certain street improvements.
NOW THEREFORE, by and in consideration of the above premises
and the within terms and conditions the parties hereto agree as
follows:
1. The Partnership has petitioned the City for annexation of
the Property to the City in accordance with the terms and
conditions of the Annexation Petition which is attached as
Exhibit "B" and incorporated herein by reference.
2. Upon execution of this Agreement and no later than sixty
days after the termination of any appeal, initiative or
referendum period relating to the enactment of the
annexation and zoning ordinances necessary to annex and zone
the Property in accordance with the Annexation Petition, the
Partnership shall dedicate to the City a street right-of-way
across the Property for the proposed Lemay Avenue Extension
which is planned to extend from the existing Lemay Avenue
through the Property to Vine Drive as shown on Exhibit "C"
attached hereto and incorporated herein by reference. In
the event any appeal, initiative or referendum relating to
such ordinances is timely filed, the Partnership shall not
be required to make such street right-of-way dedication
unless and until a final determination of the validity of
the annexation and zoning ordinances has been made. In
exchange for such dedication, the Partnership or any
successor or assign thereozonin 1 not be required 0 development ofs a
the
condition of annexation, 9
Property, to pay any costs associated with improvements to
i existing Lemay Avenue or construction of the proposed Lemay
Avenue Extension to residential, collector, and/or arterial
width and depth or for any traffic signalization costs
related to the Lemay Avenue Extension or existing Lemay
Avenue.
3. The Property is preliminarily proposed by the Partnership to
be devel-oped in at least two phases, with the first phase to
include aproximately 13.9 acres of industrially zoned
property adjacent to and north of Lincoln Avenue, and
approximately 12.5 acres of residentially zoned property;
and the second phase to include the remaining approximately
33.7 acres of industrially zoned property, as more
particularly shown on Exhibit "D" attached hereto and
incorporated herein by reference. The adjacent and off -site
street improvements(including but not limited to, street
pavement, traffic signalization, turn lanes, median islands,
and the like) required by the City for development of the
Property, if developed so that such Property shall
substantially conform to the use categories and the
street
system for the Property as depicted on Exhibit "D
limited to the following:
a. Development of any portion of the Property will
require that Lincoln Avenue be widened and a left -turn lane
striped on Lincoln Avenue, as more Sspecifically ashown Traffic
Figure 1 of the March 25, 1986, pp
Analysis prepared by Matthew S. Delich, S.P.E., which is
attached hereto as Exhibit "E" and incorporated herein by
reference. Further, that portion of Lincoln Avenue adjacent
to the Property shall be improved to at least one-half of
full arterial width and in accordance with City standards
then in effect for arterial streets, and the developer of
the Property shall be entitled to receive reimbursement from
the City for all street oversizing costs as then defined by
the Code of the City.
b. Development of the residential portion of the
Property will require primary access to such residential
development, which could be provided by one of the
following: existing Lemay Avenue coupled with the Lemay
Avenue Extension; use of existing east -west residential
streets adjacent to the residential development on its
western boundaries; or Lincoln Avenue through the use of the
proposed north -south street running through the Property and
intersecting with Lincoln Avenue. Based on traffic
considerations, the City and the Partnership prefer to have
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primary access to the Poroperty from the existing east -west
residential streets or from the Lemay Avenue Extension as
improved. However, in the event that the City has not
improved the Lemay Avenue Extension at the time of
development of the residential area, and if the City, at a
hearing on the master plan or preliminary plan for the
residential development, finds that use of the existing
east -west streets adjacent to the residential development is
inappropriate based upon applicable planning criteria then
in effect, then primary access to and from such residential
area can be provided through the use of Lincoln Avenue and
the proposed north -south street running through the Property
and intersecting with Lincoln Avenue.
c. Development of the residential portion of the
Property will also require either installation of
residential sprinklers or a secondary point of access for
emergency service vehicles. The secondary access
requirement could be met through the use of existing
east -west residential streets adjacent to the residential
development; however, in the event the City finds at a
hearing on the preliminary or master plan for the
residential development that the use of such streets is
inappropriate based upon applicable planning criteria then
in effect, the developer of the Property will be required to
provide a 20-foot wide emergency vehicle access consisting
of compacted gravel road base and complying with applicable
City Code provisions for such an access.
4. The City is bearing the cost of construction of the proposed
Lemay Avenue Extension through the Property. Therefore, the
timing of construction of such improvements shall be in the
discretion of the City. However, improvement of the
proposed Lemay Avenue Extension shall not be a requirement
for development of any portion of the Property, provided
that the development of the Property shall substantially
conform to the use categories and the street system for the
Property as depicted on Exhibit "D". At such time as the
proposed Lemay Avenue Extension is improved by the City,
both the industrial and residential areas shall be allowed
reasonable access to and from it.
5. The developer of the Property will be required to comply
with all City requirements then in effect for dedication and
improvement of interior streets on the Property, except as
set forth herein.
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6. This Agreement shallibe binding upon and inure to the
benefit of the parties hereto and their respective
successors and assigns.
FORT COLLINS BUSINESS CENTER, LTD.
A Colorado Limited Partnership
By: DAY, PETERS & CO., a
Colorado limited partnership,
a general partner
By: REIB, INC., a Colorado Corporation, a general
partner
By: 8
o Gregory
i e President
CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
��j�]���
By: C
Ate�venC- Burkett
City Manager ,
APPROVED AS/70 FORM:
By:
�1ty Attorney
ATTEST:
4c)e rk
Y.EIL.1
D1/LUCIA/T
4
7164.1
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