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HomeMy WebLinkAboutFORT COLLINS GOOD SAMARITAN VILLAGE - Filed OA-OTHER AGREEMENTS - 2004-06-10FORT COLLINS GOOD SAMARITAN VILLAGE FIRST SUBDIVISION P.D.P. AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT N0. 1 is made and entered into this day of 14C >; of 2003, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("City"), and The Evangelical Lutheran Good Samaritan Society DBA Fort Collins Good Samaritan Village, a North Dakota non-profit corporation, ("Developer'), is an amendment to that certain Development Agreement dated December 11, 2001, by and between the City and the Developer, hereinafter referred to as the "Development Agreement." WHEREAS, the City and the Developer previously executed the Development Agreement; and WHEREAS, the Developer has elected to abandon full construction of the Development at this time and limit construction to improvements that are labeled "interim" on the Final Development Plan Documents; and WHEREAS, the parties desire to modify the Development Agreement accordingly: NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree to amend the terms and conditions of the Development Agreement as follows: A. Subheading II (Special Conditions) shall be replaced with the following paragraphs to read as follows: A. Interim Improvements 1. The Developer is required and permitted only to complete construction of improvements designated as "interim" on the Final Development Plan Documents (hereinafter "Interim Improvements"). Any development activities outside of those designated as Interim Improvements will require resubmittal of the Final Development Plan Documents, which may require that they be revised to the conform to the standards and specifications current at that time. B. Water and Sewer Lines 1. Notwithstanding anything in this Agreement to the contrary, the Development will be provided water and sewer from the Fort Collins -Loveland Water District/South Fort Collins Sanitation District ("District'). All water and sewer line improvements shall be installed and inspected in accordance with the District's regulations and the approved plans therefor. C. Storm Drainage Lines and Appurtenances 1. All on -site and off -site storm drainage improvements associated with the Interim Improvements (excepting the detention pond at the northwest comer of the site of this Development) as shown on the Final Development Plan Documents, shall be completed by the Developer in accordance with said Final Development Plan Documents prior to the issuance any certificate of occupancy. All on -site and off -site storm drainage improvements associated all phases of this Development shall be completed by the Developer in accordance with said Final Development Plan Documents prior to the release of any escrowed monies by the Developer for the purpose of erosion control as required in paragraph ILC.3 of this Development. Completion of improvements shall include the certification by a professional engineer licensed in Colorado that the drainage facilities serving this development have been constructed in conformance with the Final Development Plan Documents. Said certification shall be submitted to the City at least two weeks prior to the date of issuance of any certificate of occupancy. 2. The Developer shall be responsible for maintaining the structural integrity and operational functions of all drainage facilities throughout the build -out of this Development. If at any time following certification (as required pursuant to paragraph one (1) above) of said drainage facilities and during the construction of structures and/or lots within this Development the City deems that said drainage facilities no longer comply with the approved plans, the Developer shall bring such facilities back up to the standards and specifications as shown on the Final Development Plan Documents. Failure to maintain the structural integrity and operational function of said drainage facilities following certification shall result in the withholding of the issuance of additional building permits and/ or certificates of occupancy until such drainage facilities are repaired to the operational function and structural integrity which was approved by the City. 3. The Developer agrees to provide and maintain erosion control improvements as shown on the Final Development Plan Documents to stabilize all over -lot grading in and adjacent to this Development. The Developer shall be required to continue to post a security deposit in the amount of $7.972.75 to guarantee the proper maintenance of the erosion control measures shown on the Final Development Plan Documents. Since the Developer has already escrowed the sum of $ 27972.75 for the purpose of guaranteeing erosion control measures on the site with the City, the City shall promptly release $20.000.00 of said amount and shall continue to hold the remaining sum of $7,972.75 in accordance with the criteria set forth in the City's Storm Drainage Design Criteria and Construction Standards (Criteria). If, at any time, the Developer fails to abide by the provisions of the Final Development Plan Documents or the Criteria, notwithstanding any, provisions contained in paragraph fll.J to the contrary, the City may enter upon the Property for the purpose of making such improvements and undertaking such activities as may be necessary to ensure that the provisions of said plans and the Criteria are properly enforced. The City may apply such portion of the security deposit(s) as may be necessary to pay all costs incurred by the City in undertaking the administration, construction, and/or installation of the erosion control measures required by said plans and the Criteria. In addition. the City shall have the option to withhold building permits and certificates of occupancy, as stated in Paragraph IILD of this Agreement, as it deems necessary in order to ensure that the Developer installs and maintains the erosion control measures throughout the build -out of this Development. 2 4. It is important that all lots be graded to drain in the configuration shown on the Final Development Plan Documents. For this reason the following additional requirements shall be followed for building on all lots: Prior to the issuance of a certificate of occupancy for any lot or building the Developer shall provide the City with certification that the lot and or the building has been graded correctly. This grading certification shall demonstrate that the lot or building finish floor elevation has been built in accordance with the elevation specified on the Final Development Plan Documents. The certification shall also show that the minimum floor elevation or minimum opening elevation for any building constructed is in compliance with the minimum elevation as required on the Final Development Plan Documents. The certification shall demonstrate as well that any minor swales adjacent to the building or on the lot have been graded correctly and in accordance with the grades shown on the approved final development plan documents. The certification shall also show that the elevations of all corners of the lot are in accordance with the elevations shown on the Final Development Plan Documents. Said certification shall be completed by a Colorado licensed professional engineer and shall be submitted to the City at least two weeks prior to the date of issuance of the desired certificate of occupancy. 5. The Developer shall obtain the City's prior approval of any changes from the Final Development Plan Documents in grade elevations and/or storm drainage facility configuration that occur as a result of the construction of houses and/or development of lots, whether by the Developer or other parties. The City reserves the right to withhold the issuance of building permits and certificates of occupancy for this Development until the City has approved such changes as being acceptable for the safe and efficient delivery of storm drainage water. 6. The Developer is obligated to maintain all on -site storm drainage facilities not accepted for maintenance by the City and all off -site storm drainage facilities not accepted for maintenance by the City serving this Development. The Developer shall ensure that the Interim Improvements pond and the pond area in the northwest corner of the site is maintained in a safe condition. If at a time more than 48 hours following a precipitation producing event, the ponding area in the retention pond at the northwest corner of the site has a ponding depth that exceeds two feet, the Developer shall pump the water out of that pond into Constellation Drive at a rate not to exceed one cubic foot per second, provided weather conditions permit. This retention pond shall be maintained in a way that will guarantee that it would not become a nuisance to the public, and shall make sure that the pond does not have a permanently exposed water surface. D. Streets 1. The Developer shall provide payment in the amount of $17,831.00 to the City for the improvements to Constellation Drive adjacent to the dwellings specified within the Interim Improvements prior to the issuance of any certificate of occupancy. This amount shall satisfy the Developer's obligation to construct the half width of Constellation Drive (curb and gutter, pavement, sidewalk, and grading) from STA 08+00 to STA 09+50, which estimate has been prepared by the Developer and approved by the City. In the event the Developer constructs 3 any of the improvements and such improvements are completed by the Developer and accepted by the City, the Developer shall be entitled to a prompt reimbursement equal to the original amount of S 17,831.00. 2. All access to the property for the purposes of on -site work during construction of the Development shall only be taken from Trilby Road. 3. Following completion of all public infrastructure improvements, the Developer shall continue to have responsibility for maintenance and repair of said improvements in accordance with Sections 2.2.1 3 1.1 and 33.2 of the Land Use Code of the City. E. Ground Water, Subdrains and Water Rights I. The City shall not be responsible for, and the Developer (for itself and its successor(s) in interest) hereby agrees to indemnify and hold harmless the City against; any damages or injuries sustained in the Development as a result of ground water seepage or flooding, structural damage. or other damage unless such damages or injuries are proximately caused by the City's negligent operation or maintenance of its storm drainage facilities in the Development. However, nothing herein shall be deemed a waiver by the City of its immunities, defenses, and limitations to liability under the Colorado Governmental Immunity Act (Section 24-20-101 CRS, et. seq.) or under any other law. 2. If the Development includes a subdrain system, any such subdrain system, whether located within private property or within public property such as street rights -of -way or utility or other easements, shall not be owned, operated, maintained, repaired or reconstructed by the City and it is agreed that all ownership, operation, maintenance, repair and reconstruction obligations shall be those of the Developer or the Developer's successor(s) in interest. Such subdrain system is likely to be located both upon private and public property and, to the extent that it is located on public property. all maintenance, operation, repair or reconstruction shall be conducted in such a manner that such public property shall not be damaged, or if damaged, shall, upon completion of any such project, be repaired in accordance with then existing City standards. The City shall not be responsible for, and the Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and hold harmless the City against any damages or injuries sustained in the Development as the result of groundwater seepage or flooding, structural damage or other damage resulting from failure of any such subdrain system. 3. Without admitting or denving any duty to protect water rights, the Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and hold harmless the City against any damages or injuries to water rights caused, directly or indirectly by the construction, establishment, maintenance or operation of the Development. 4. The City agrees to give notice to the Developer of any claim made against it to which the foregoing indemnities and hold harmless aereements by the Developer could apply, and the Developer shall have the right to defend any lawsuit based on such claim and to settle any such claim provided the Developer must obtain a complete discharge of all City liability through such settlement. Failure of the City to give notice of any such claim to the m Developer within ninety (90) days after the City first receives notice of such claim under the Colorado Governmental Immunity Act for the same, shall cause the forgoing indemnities and hold harmless agreements by the Developer to not apply to such claim and such failure shall constitute a release of the foregoing indemnities and hold harmless agreements as to such claim. F. Hazards and Emergency Access 1. No combustible material will be allowed on the site until a permanent water system is installed by the Developer and approved by the City. 2. Prior to beginning any building construction, and throughout the build -out of this Development. the Developer shall provide and maintain at all times an accessway to said building or buildings. Such accessway shall be adequate to handle any emergency vehicles or equipment, and the accessway shall be kept open during all phases of construction. Such accessway shall be constructed to an unobstructed width of at least 20 feet with 4 inches of aggregate base course material compacted according to city standards and with an 80 foot diameter turnaround at the building end of said accessway. The turnaround is not required if an exit point is provided at the end of the accessway. Prior to the construction of said accessway. a plan for the accessway shall be submitted to and approved by the Poudre Fire Authority and City Engineer. (Three plan sets shall be submitted to the Poudre Fire Authority at 102 Remington Street for review and processing.) If such accessway is at any time deemed inadequate by the Poudre Fire Authority or City Engineer. the accessway shall be promptly brought into compliance and until such time that the accessway is brought into compliance, the City and/or the Poudre Fire Authority may issue a stop work order for all or part of the Development. G. Development Construction Permit 1. The Developer shall apply for and obtain a Development Construction Permit for this Development, in accordance with Division 2.6 of the Land Use Code (or Section 29-12 of the Transitional Land Use Regulations, if applicable), prior to the Developer commencing construction. The Developer shall pay the required fees for said Permit and construction inspection, and post security to guarantee completion of the public improvements required for this Development. prior to issuance of the Development Construction Permit. H. Maintenance and Repair Guarantees 1. The Developer agrees to provide a two-year maintenance guarantee and a five-year repair guarantee covering all errors or omissions in the design and/or construction of the public improvements required for this Development, which guarantees shall run concurrently and shall commence upon the date of completion of the public improvements and acceptance thereof by the Citv. More specific elements of these guarantees are noted in Exhibit "C." Security for the maintenance guarantee and the repair guarantee shall be as provided in Section 3.3.2(C) of the Land Use Code, or Section 29-14 of the Transitional Land Use Regulations. as applicable. Notwithstanding the provisions of paragraphs III (H) and (1) of this Agreement to the contrary. the obligations of the Developer pursuant to this paragraph and Exhibit "C" may not be assigned or transferred to any other person or entity unless the warranted improvements are 5 completed by, and a. letter of acceptance of the warranted improvements is received from the City by, such other person or entity. B. All other terms and conditions of the Development Agreement shall remain unchanged and in full force and effect. except as expressly amended in this Amendment Agreement No. 1. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. i EST: CITY CLERK APPROVED AS TO CONTENT: City Engine r APPRO AS TO FORM: Deputy City Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: I . City NYanager DEVELOPER: The Evangelical Lutheran Good Samaritan Society VAN Goq DBA Fort Collins Good Samaritan Village, uP�If a North Dakota non-profit corporation R LU J DavidjHorazdovsky President and Chief Executive Officer Yat. T?a •� at • 1n22 •�