HomeMy WebLinkAboutSOUNDTRACK AT ARBOR PLAZA PUD - Filed DA-DEVELOPMENT AGREEMENT - 2008-06-09V ,40
J. In the event the Developer transfers title to such real
property and is thereby divested of all equitable and legal
interest in said property, the City hereby agrees to release
said Developer from liability 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 element thereof. 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 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, the defaulting party shall be liable to the
non -defaulting party for the non -defaulting party's reason-
able 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.
IM
ATTEST:
t � •
City Clerk
APPROVED AS TO FORM:
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: A �C
City Manager
DEVELOP --
,zj
William J. Pearse �
Barbara Annyearse
OWNER:
MATMAR FORT COLLINS PARTNERSHIP,
a Colorado general partnership
By:
Angel darii, General Partner
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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.
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EX" LIT "a"
The Development Agreement for
SOUNDTRACK AT ARBOR PLAZA P.U.D.
Not Applicable
COST ESTIPIATE FOR MA,10R DRAIdAGE If-1PRO','Ei'E;;TS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
I7X DESCRIPTI0k1
I• Storm sewer, manholes, end sections, etc_
(a)
(b)
(c)
`(d)
Sub -Total
2. Channel excavation, detention pond
excavation and riprap
(a)
(b)
(c)
Sub -Total
DUAiJl l Y LU!�
,IT CrST TOTAL CCST
L.f.
/L.f.
S
Ea.
Ea.
5
Ea.
Ea.
5
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_ C.Y:
S /C.Y.
S
C.Y.
5 /C.Y.
5
C.Y.
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EXHIBIT B - Page 2
ITEM DESCRIPTION QUA`JTITY UNIT C^STCCST
3• Right-of-way E easenent acquisition
(a)
--S.F. S /S.F. S
__Ac. S - /Ac. S
Sub -Total
Professional Design
Other
S
Lump Sum $
Total estimated cost of Store Drainage improvements eligible for
credit or City repayment
. S
Prepared by:
Ti tl e:
Address:
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DEVELOPMENT AGREEMENT
41
1982THIS AGREEMENT, made and entered into this �day of
, by and between THE CITY OF FORT COLLINS, COLORADO, a Mu ic-
ipal Corporation, hereinafter referred to as "the City," and WILLIAM J.
PEARSE and BARBARA ANN§V PEARSE, individuals collectively, hereinafter
referred to as "the Developer," and MATMAR FORT COLLINS PARTNERSHIP,
a Colorado general partnership, hereinafter referred to as "the Owner".
WITNESSETH
WHEREAS, the Developer has entered into an agreement with the Owner
to acquire ownership of certain property situated in the County of Larimer,
State of Colorado, and legally described as follows, to -wit:
SOUNDTRACK AT ARBOR PLAZA P.U.D., being a Plat of
a portion of the Northeast one -quarter of Section 2, Town-
ship 6 North, Range 69 West of the 6th P.M., Fort Collins,
County of Larimer, Colorado.
WHEREAS, the Developer desires to develop said property and has sub-
mitted 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 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 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 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. The terms of this Agreement shall govern all development activi-
ties of the Developer pertaining to the subject property described
above. For the purposes of this Agreement, "development activi-
ties" shall include, but not be limited to, the following: (1) The
actual construction of improvements, (2) Obtaining a building
permit therefor, or (3) Any change in grade, contour or appear-
ance of said property caused by or on behalf of the Developer
with the intent to construct improvements thereon.
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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 specifi-
cations of the City on file in the Office of the Director of
Engineering 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 con-
struction 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 reexami-
nation. 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 develop-
ment 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 inspect 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 applica-
ble to such installation. In case of conflict, the utility drawings
shall supersede the standard specifications.
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H. All storm drainage facilities shall be so designed and constructed
by the Developer as to protect downstream and adjacent proper-
ties 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 construc-
tion 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.
I. The Developer 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
provisions of Chapter 26 are described together with the esti-
mated 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 instruc-
tions.
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 con-
struction.
2. Special Condition
A. Water lines.
Not Applicable
B. Sewer lines.
Not Applicable
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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 a certificate of
occupancy. Completion of improvements shall include the
certification by a licensed professional engineer that the
drainage facilities which service 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.
D. Streets.
M The Developer and the City agree that no street oversizing
reimbursement is due the Developer for this development.
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 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 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 accumu-
lation of dirt and/or construction materials shall be
considered sufficient cause for the City to withhold build-
ing permits and/or certificates of occupancy until the
problem is corrected to the satisfaction of the Director of
Engineering. 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 the Developer's
expense and the Developer shall be responsible for prompt
payment of all such costs.
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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 incorpor-
ated 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 agree-
ment, complete all improvements and perform all other
obligations required herein, as such improvements or obliga-
tions may be shown on the original plat and related docu-
ments, or on any replat subsequently filed by the Developer,
and the City may withhold such building permits and certi-
ficates of occupancy as it deems necessary to ensure perfor-
mance 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
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
appropriated, budgeted and otherwise made available.
I. This Agreement shall run with the real property herein
above 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 after described, as well as any assignment
of the Developer's rights to develop such property under the
terms and conditions of this Agreement.
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