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HomeMy WebLinkAboutSTRACHAN FOURTH - Filed DA-DEVELOPMENT AGREEMENT - 2014-03-13RECEPTION#: 20140015117, 03/28/2014 at 11:29:51 AM,1 OF 6, R $36.00 TD Pgs: 0 Angela Myers, Clerk & Recorder, Larimer County, CO STRACHAN SUBDIVISION AMENDMENT AGREEMENT NO.1 2- *k THIS AMENDMENT AGREEMENT, made and entered into thiX6 day of MA irc& 2014, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and Square Shopping Center LLC, a Colorado limited liability company, hereinafter referred to as the "Developer". WITNESSETH; WHEREAS, the City entered into a Development Agreement with Brinker International, Inc., a Delaware corporation (as "Developer") and Bruce D. Deiflik, an individual (as "Owner") on August 25, 1992, the terms of which govern the development activities of the Developer pertaining to that certain real property situated in the County of Larimer, State of Colorado, (hereafter referred to as the "Property") and legally described as follows, to wit: Strachan Subdivision, Fourth Filing, being a Replat of Strachan Subdivision, Second Filing, excluding Stachan Subdivision, Sixth Filint situate in the Southwest Quarter of Section 25, Township 7 North, Range 69 West of the 6 P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop the Property and has submitted to the City all plans (including utility plans), reports and other documents required for the approval of a minor amendment (MAI30073 for expansion of the existing building) according to the City's Land Use Code; and WHEREAS, the City has approved the Final Development Plan Documents 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 the development of the Property. WHEREAS, the parties presently desire to modify the Development Agreement by this Amendment Agreement No. 1; 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) Paragraph C.2 shall be replaced with the following: 2. The Developer agrees to provide and maintain erosion control improvements as shown on City Clerk's Office, Fort Collins, Colorado the Final Development Plan Documents to stabilize all over -lot grading in and adjacent to this Development. The Developer shall also be required to post a security deposit in the amount of $6,975.00 prior to beginning construction to guarantee the proper installation and maintenance of the erosion control measures shown on the Final Development Plan Documents. Said security deposit(s) shall be made 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 erosion control provisions of the Final Development Plan Documents or the erosion control provisions of the Criteria after receiving notice of the same or an emergency situation exists which would reasonably require immediate mitigation measures, then, in either event, and notwithstanding any provisions contained in paragraph III(K) 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 III.E 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. B. Subheading II (Special Conditions) Paragraph D.2 shall be added as follows: 2. An eastbound right turn lane on Monroe Drive into the western most access driveway into the site is required by the Larimer County Urban Area Street Standards, but the construction of the eastbound right turn lane will not be required at this time. In lieu of the design and construction of this improvement, the Development shall provide signage and pavement markings internal to the site, as shown on the Final Development Plan Documents, designed to keep northbound vehicles from blocking the access into the north parking lot and from contributing to congestion related problems on Monroe Drive. If, after the passage of 180 days following the opening of Trader Joe's a congestion problem exists, the Developer shall pay for further improvements to address the congestion problem, up to and including the construction of the east bound right turn lane on Monroe Drive at the western -most access drive. If, within the 180 day period following the opening of Trader Joe's traffic problems materialize that cause congestion into College Avenue or onto Monroe Drive, the Developer agrees to pay for temporary traffic control measures such as traffic control personnel to aid in controlling the temporary congestion. C. Subheading II (Special Conditions) Paragraph D.3 shall be added as follows: 3. Sidewalk and ADA ramp improvements are to be constructed as a part of this project at the southeast corner of College Avenue and Monroe Drive, but these improvements cannot be completed until the existing open ditch at this corner has been filled, which work is included in another project currently under construction and is not a requirement of this Development. Because the timing of the sidewalk and ADA ramp improvements is dependent on another project not under 2 the control of this Development Security for these improvements must be provided as a part of the Development Construction Permit and shall be held until said improvements are completed. The installation of these improvements does not need to be completed and accepted prior to the issuance of any building permit(s) and/or certificate(s) of occupancy(s) for the building expansion and improvements associated with Minor Amendment MA130073, but shall be required to be in place prior to any further expansions or improvements approved as part of any future amendments. D. Subheading II (Special Conditions) Paragraph F shad be added as follows: F Soil Amendment In all areas within each applicable phase of construction of . this Development that are to be landscaped or planted in accordance with the Final Development Plan Documents, and do not require a building permit, the soils shall be loosened and amended by the Developer in accordance with Section 3.8.21 of the Land Use Code prior to the issuance of any certificate of occupancy in this Development. Completion of soil amendments shall include certification by the Developer that the work has been completed. This certification shall be submitted to the City at least two (2) weeks prior to the date of issuance of any certificate of occupancy in this Development. E. Subheading II (Special Conditions) Paragraph G shall be added as follows: G. Development Construction Permit 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, 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. F. Subheading II (Special Conditions) Paragraph H shall be added as follows: H. Maintenance and Repair Guarantees 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 City. 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. Notwithstanding the provisions of Paragraphs III (I) and (J) 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 3 person or entity unless the warranted improvements are completed by, and a letter of acceptance of the warranted improvements is received from the City by, such other person or entity. G. Exhibit "C" shall be added as follows: EXHIBIT "C" MAINTENANCE GUARANTEE: The Developer hereby warrants and guarantees to the City, for a period of two (2) years from the date of completion and first acceptance by the City of the public improvements warranted hereunder, the full and complete maintenance and repair of the public improvements constructed for this Development. This warranty and guarantee is made in accordance with the City of Fort Collins Land Use Code and/or the Transitional Land Use Regulations, as applicable. This guarantee applies to the streets and all other appurtenant structures and amenities lying within the rights -of -way, easements and other public properties, including, without limitation, all curbing, sidewalks, bike paths, drainage pipes, culverts, catch basins, drainage ditches and landscaping. Any maintenance and/or repair required on utilities shall be coordinated with the owning utility company or city department. The Developer shall maintain said public improvements in a manner that will assure compliance on a consistent basis with all construction standards, safety requirements and environmental protection requirements of the City. The Developer shall also correct and repair, or cause to be corrected and repaired, all damages to said public improvements resulting from development -related or building - related activities. In the event the Developer fails to correct any damages within thirty (30) days after written notice thereof, then said damages may be corrected by the City and all costs and charges billed to and paid by the Developer. The City shall also have any other remedies available to it as authorized by this Agreement. Any damages which occurred prior to the end of said two (2) year period and which are unrepaired at the termination of said period shall remain the responsibility of the Developer. REPAIR GUARANTEE: The Developer agrees to hold the City of Fort Collins, Colorado, harmless for a five (5) year period, commencing upon the date of completion and acceptance by the City of the public improvements constructed for this Development, from any and all claims, damages, or demands arising on account of the design and construction of public improvements of the Property shown on the approved plans and documents for this Development; and the Developer furthermore commits to make necessary repairs to said public improvements, to include, without limitation, the roads, streets, fills, embankments, ditches, cross pans, sub -drains, culverts, walls and bridges within the right-of-way easements and other public properties, resulting from failures caused by design and/or construction defects. This agreement to hold the City harmless includes defects in materials and workmanship, as well as defects caused by or consisting of settling trenches, fills or excavations. 4 Further, the Developer agrees that the City shall not be liable to the Developer during the warranty period, for any claim of damages resulting from negligence in exercising engineering techniques and due caution in the construction of cross drains, drives, structures or buildings, the changing of courses of streams and rivers, flooding from natural creeks and rivers, and any other matter whatsoever on private property. Any and all monetary liability occurring under this paragraph shall be the liability of the Developer. The obligations of the Developer pursuant to the "maintenance guarantee" and "repair guarantee" provisions set forth above may not be assigned or transferred to any other person or entity unless the warranted improvements are completed by, and a letter of acceptance of the warranted improvements is received from the City by, such other person or entity. H. 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 executed this agreement the day and year first above written. /ATTEST: CITY CLERK APPROVED AS TO APPROV TO FORM: Dep ty City Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: _E� PV) City Manager 5 DEVELOPER: Square Shopping Center LLC, a Colorado limited liability company By: Darrell L. Knudson, Manager STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 13�day of 2014, by Darrell L. Knudson as Manager of Square Shopping Center LLC. My Commission Expires: // 2,?--c24ZY N.