HomeMy WebLinkAboutGERRARD ROADWAY DEDICATION - 29-02 - CORRESPONDENCE - LEGAL DOCUMENTS (3)P
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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.
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'XI T "C"
MAINTENANCE GUARANTEE:
The Developer hereby warrants and guarantees to the City, 116r 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 ditchcs and landscaping. Any
maintenance and/or repair required on utilities shall be coordinated with the owning
utility company or city department. Any street repairs or patches will match the existing
road base and asphalt sections_
The Developer shall 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 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 Owner furthermore commits to make necessary repairs to said
public improvements, to include, without limitation, the roads, streets, fills,
embankments, ditches, cross plans, 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.
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
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VISIT "B"
• All documents required by the City to complete the Development
Application.
• Developer shall be allowed to use existing the FCLWD water tap which
has had continuous use from its installation, City Electric service, and
existing septic system, provided any repairs or alterations are made in
accordance with Larimer County Health Department regulations.
• Design of necessary Storm Drainage improvements.
• List of Storm Drainage Fees.
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EXMff "A"
Schedule of electrical service installation.
Electrical lines need to be installed prior to. the installation of any sidewalk, curb
returns, handicap ramps, paving and landscaping that Developer may elect to construct or
install. If the Developer installs any curb return, sidewalk or handicap ramp prior to the
installation of electrical lines in an area that interferes with the installation of the
electrical lines, the Developer shall be responsible for the cost of removal and
replacement of those items and any associated street repairs.
2. Schedule of water lines to be installed out of sequence.
Not Applicable.
3. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
4. Schedule of street improvements to be installed out of sequence.
Not Applicable.
5. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
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promises, understandings, statements, representations, expressed or implied, concerning
this Agreement, unless set forth in writing signed by all of the parties hereto. Further,
paragraph headings used herein are for convenience of reference and shall in no way
define, limit, or prescribe the scope or intent of any provision under this Agreement.
ATTEST:
City Clerk
APPROVED AS TO CONTENT:
City Engineer
APPROVED AS TO FORM:
Deputy City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:
City Manager
DEVELOPER:
Underdog, LLC, a Colorado limited liability company
By:
Gary Gerrard, Managing Member
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L. Except as may be otherwise expressly provided herein, this Agreement
shall not be construed as or deemed to be an agreement for the benefit of any third party
or parties, and no third party or parties shall have any right of action hereunder for any
cause whatsoever.
M_ it is expressly understood and agreed by and between the parties hereto
that this Agreement shall be governed by and its terms construed under the laws of the
State of Colorado and the City of Fort Collins, Colorado.
N. Any notice or other communication given by any party hereto to any other
party relating to this Agreement shall be hand -delivered or sent by certified mail, return
receipt requested, addressed to such other party at their respective addresses as set forth
below; and such notice or other communication shall be deemed given when so hand
delivered or three (3) days after so mailed:
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, CO 90522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to the Developer: Underdog, LLC
C/o Gary Gerrard
1739 South County Road 13C
Loveland, CO 80537
With a copy to: Douglas D. Konkel, Esq,
1405 S. College Avenue, Suite
Fort Collins, CO 80524
Notwithstanding the foregoing, irony party to this Agreement, or its successors, grantees
or assigns, wishes to change the person, entity or address to which notices under this
Agreement are to be sent as provided above, such party shall do so by giving the other
parties to this Agreement written notice of such change.
O. When used in this Agreement, words of the masculine gender shall include
the feminine and neuter gender, and when the sentence so indicates, words of the neuter
gender shall refer to any gender; and words in the singular shall include the plural and
vice versa. This Agreement shall be construed according to its fair meaning, and as if
prepared by all parties hereto, and shall be deemed 'to be and contain the entire
understanding and agreement between the parties hereto pertaining to the matters
addressed in this Agreement. There shall be deemed to be no other terms, conditions,
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E. Nothing herein contained shall be construed as a waiver of any
requirements of the City Code, Land Use Code, or. Transitional Land Use Regulations (as
applicable) and the Developer agrees to comply with all requirements of the same.
F. 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
G. All financial obligations of the City arising under this Agreement that are
payable after the current fiscal year arc contingent upon funds for that purpose being
annually appropriated, budgeted and otherwise made available by the Fort Collins City
Council, in its discretion.
H. This Agreement shall rtrn with the Property and shall be binding upon and
inure to the benefit of the parties hereto, their respective personal representatives, heirs,
successors, grantees and assigns. it is agreed that all improvements required pursuant to
this Agreement touch and concern the Property regardless of whether such improvements
are located on the Property, 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 legal or equitable interest in the Property, as well as any
assignment of the Developer's rights to develop the Property under the terms and
conditions of this Agreement.
1. In the event the Developer transfers title to the Property and is hereby
divested of all equitable and legal interest in the Property, the Developer shall be released
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.
J. Each and every term of this Agreement shall be deemed to be a material
element hereof. In the event that either party shall fail to perform according to the terms
of this Agreement, such party may be declared in default. In the event that a party has
been declared in default hereof, such defaulting party shall be given written notice
specifying such default and shall be allowed a period of ten (10) days within which to
cure said default. In the event the default remains uncorrected, the patty 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.
K. In the event of the default of any of the provisions hereof by either parry
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 parry for
the non -defaulting party's reasonable attorneys 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 III.D of this Agreement.
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Ill. 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 City Engineer and
Traffic Engineer in accordance with the City's "Work Area Traffic Control Handbook"
and shall not remove said safety devices until the construction has been completed.
B. As required pursuant to Chapter 20, Article IV of the City Code, the
Developer shall, at all times, keep the public right-of-way free from accumulation of
waste material, rubbish, or building materials caused by the Developer's operation, or the
activities of individual builders and/or subcontractors; shall remove such rubbish as often
as necessary, but no less than daily 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 so that they arc free from dirt caused by the Developer's operation
or as a result of building activity. Any excessive accumulation 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
City Engineer. 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.
The Developer also agrees to require all contractors within the Development to keep the
public right-of-way clean and free from accumulation of dirt, rubbish, and building
materials.
C. The Developer hereby agrees that it will require its contractors and
subcontractors to 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. The Developer shall, pursuant to the terms of this Agreement, complete all
improvements and perform all other obligations rrquircd herein, as such improvements or
obligations may be shown on the Final Development plan Documents, or any documents
executed in the future that are required by the City for the approval of an amendment to a
development plan, and the City may withhold (or to the extent permitted by law, revoke)
such building permits and certificates of occupancy as it deems necessary to ensure
performance in accordance with the terms of this Development Agreement. The
processing and "routing for approval" of the various development plan documents may
result in certain of said documents carrying dates of approval and/or execution that are
later than the date of execution of this Development Agreement or the Memorandum Of
Agreement (if any) recorded to give record notice of this Agreement. The Developer
hereby waives any right to object to any such discrepancy in dates.
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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 denying 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 agreements 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 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.
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 any construction after the date of this Agreement.
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.
G. 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 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, 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 Fxhibit "C" 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_
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other access shall be allowed on this roadway without first having obtained a "Permit for
Drive Approach in Public Right-of-way" from the City Engineer.
4. Notwithstanding any provision herein to the contrary, the
Developer shall be responsible for all costs for the initial installation and maintenance of
said temporary road.
5. The City and Developer shall have no obligation to maintain the
current alignment of the roadway as shown on the Final Development Plan Documents
should this property be redeveloped in the future.
6. Notwithstanding any provision herein to the contrary, the
Developer shalt be responsible for all costs for the initial installation of traffic signing
and striping for this Development, including both signing and striping related to the
Developer's intemal street operations and the signing and striping of any adjacent or
adjoining local, collector or arterial streets that are made necessary as a result of the
Development.
7. Following completion of all public infrastructure improvements,
the Developer shall continue to have responsibility for maintenance and repair of said
improvements.
E. Ground Water, Subdrains and Water Rights
1. 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_ scq.) 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
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4. The grading plan that was prepared for this Development does not
address the detailed grading design for any development on this property other then the
construction of the roadway and one single [family dwelling unit and detached garage.
Any other construction shall require additional storm drainage study as determined by the
City.
D. Streets
1. No street oversizing reimbursement from the City is due the
Developer for this Development. No traffic study shall be required for this Development.
2. Because the improvements are temporary and this agreement is
being executed in order to mitigate damages caused by construction of the Timberline
and Harmony improvements, any required reimbursement for this construction will be
paid when the property is redeveloped or replatted.
3. The City agrees that a temporary roadway will be built within this
Development to serve as access to the property to the west, described as:
A strip of land 225 feet wide situate in the SEI/4 SEI/4 of Section 31, Township 7 North,
Range 68 West of the Sixth Principal Meridian in Larimer County, Colorado, said strip of
land lying between lines parallel and/or concentric with and 50.0 and 300.0 distant
easterly, measured at right angles and/or radially, from the centerline of the main track of
the Fort Collins Branch of the Union Pacific Railroad Company, as now constructed and
operated, and extending southerly from the North line of said SE1/4 SE1/4 of Section 31
to the northerly right of way line Colorado Highway No. 68.
AND
A strip of land 225 feet wide situate in the SETA SEI/4 of Section 31, Township 7 North,
Range 68 West, and in the NEl/4 NE1/4 of Section 6, Township 6 North, Range 68
West, of the Sixth Principal Meridian in Larimer County, Colorado, said strip of land
lying between lines parallel and/or concentric with and 50.0 and 300.0 distant easterly,
measured at right angles and/or radially, from the centerline of the main track of the Fort
Collins Branch of the Union Pacific Railroad Company, as now constructed and operated,
and extending southerly from the northerly right of way line of Colorado Highway No_
68 to the southerly right of way line of Colorado Highway No. 68.
County of Larimer, State of Colorado,
and to serve a single family dwelling unit. Said roadway, at this time, need not be
constructed in accordance with the Larimer County Urban Street Standards_ Said
roadway shall be accessible by the Poudre Fire Authority, ("the Authority"). In addition,
the roadway may be gated by the Developer at its terminus to the west, provided that
such gateway shall be approved by the Authority. Said roadway is intended to only serve
the single family dwelling unit and to provide access to the property to the west. No
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shall be installed and inspected in accordance with the Water District's regulations and/or
City and the approved plans therefor.
2. The City may provide water to the fire hydrant on Timberline
Road after the City has obtained an easement from the Developer at no cost to the
Developer_ Developer will cooperate with the City in finding and raising valve boxes for
said fire hydrant.
B. Sewer Lines
I . Notwithstanding anything in this Development Agreement to the
contrary, the Developer shall have an option to obtain sewer service for one single family
residence within the Development, in accordance with the applicable State, County and
City requirements for said sanitary service. All sewer line improvements shall be
installed and inspected in accordance with the applicable South Fort Collins Sanitation
District, State and City regulations and the approved plans therefor. Developer shall have
the option of using the existing septic system, provided it meets with the Latimer County
Health Department's standards. Developer shall also have the option to make repairs to
the septic system if necessary.
C. Storm Drainage Lines and Appurtenances
1. Any on -site and off site storm drainage improvements associated
with this Development, as shown on the Final Development Plan Documents, shall be
completed by the Developer in accordance with said documents prior to the issuance of
any building permit in this Development. The Development does not generate
stotmwater impacts sufficient to require any off -site stotmwater improvements to
Timberline Road or elsewhere off of the site. Completion of improvements shall include
the certification by a professional engineer licensed in Colorado that the drainage
facilities which serve the Development have been constructed in conformance with said
Final Development Plan Documents. This certification shall be submitted to the City at
least two weeks prior to the date of issuance of any building permit.
2. The City agrees that no storm drainage fees will be assessed for the
Development until such time as a building permit for the single family dwelling unit has
been applied for by the Developer.
3. The Developer shall obtain the City's prior approval of any
changes from the approved 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.
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Pollutants or contaminants, as defined by the Comprehensive Environmental Response
Compensation and Liability Act of 1980, as amended, and regulations promulgated
thereunder. The Developer, for itself and its successor(s) in interest, does hereby
indemnify and hold harmless the City for any liability whatsoever that may be imposed
upon the City by any govemmental authority or any third patty, pertaining to the disposal
of hazardous substances, pollutants or contaminants, and cleanup necessitated by leaking
underground storage tanks, excavation and/or backfill of hazardous substances, pollutants
or contaminants, or environmental cleanup responsibilities of any nature whatsoever on,
of, or related to any property dedicated to the City in connection with this Development,
provided that such damages or liability are not caused by circumstances arising entirely
af3cr the date of acceptance by the City of the public improvements constructed on the
dedicated property, except to the extent that such circumstances are the result of acts or
omissions of the Developer. Said indemnification shall not extend to claims, actions or
other liability arising as a result of any hazardous substance, pollutant or contaminant
generated or deposited by the City, its agents or representatives, upon portions of the
Property dedicated to the City in connection with this Development. The City agrees to
give notice to the Developer of any claim made against it to which this indemnity and
hold harmless agreement 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
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 Developer within ninety (90)
days after the City first receives a notice of such claim under the Colorado Governmental
Immunity Act for the same, shall cause this indemnity and hold harmless agreement by
the Developer to not apply to such claim and such failure shall constitute a release of this
indemnity and hold harmless agreement as to such claim.
J. The Developer acknowledges and agrees that the City, as the owner of any
adjacent property (the "City Property's on which off -site improvements may be
constructed, or that may be damaged by the Developer's activities hereunder, expressly
retains (and does not by this Development Agreement waive) its rights as property owner.
The City's rights as owner may include without limitation those rights associated with the
protection of the City Property from damage, and/or the enforcement of restrictions,
limitations and requirements associated with activities on the City Property by the
Developer as an easement recipient.
ll. Special Conditions
A. Water Lines/Fire Hydrant
l . Notwithstanding anything in this Agreement to the contrary, the
Developer shall have the option to obtain water service for one single family residence
within this Development, from the Fort Collins -Loveland Water District ("Water
District', or from the City of Fort Collins. if the Developer chooses to take service from
the Water District, said service to the Property must have existed in the past and such
service line must still exist in a functional condition. If said service is not functional,
then the Development shall obtain service from the City. All water line improvements
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adequately serve the Property (and other lands as may be required, if any). The
Developer shall meet or exceed the minimum requirements for storm drainage facilities
as have been established by the City in its Drainage Master Plans and Design Criteria.
The Developer, for itself and its successor(s) in interest, 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 Property 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 or such plans,
which details shall be the responsibility of the Developer); and (3) specific written or
otherwise documented directives that may be given to the Developer by the City. The
City agrees to give notice to the Developer of any claim made against it to which this
indemnity and hold harmless agreement 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 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 Developer
within ninety (90) days after the City first receives a notice of such claim under the
Colorado Governmental Immunity Act for the same, shall cause this indemnity and hold
harmless agreement by the Developer to not apply to such claim and such failure shall
constitute a release of this indemnity and hold harmless agreement as to such claim.
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 Colorado
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 or property in the Development. See, Exhibit B,
attached hereto.
H. 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 estimated cost of the improvements on the attached Exhibit B, which improvements,
if applicable, shall include right-of-way, design and construction costs. Sec Section II.C,
Special Conditions, Storm Drainage Lines and Appurtenances, for specific instructions.
See, Exhibit B, attached hereto.
I. The Developer specifically represents that to the best of its knowledge all
portions of the Property dedicated (both in fee simple and as easements) to the City
associated with this Development are in compliance with all environmental protection
and anti -pollution laws, rules, regulations, orders or requirements, including solid waste
requirements, as defined by the U.S. Environmental Protection Agency Regulations at 40
C.F.R., Part 261, and that such portions of the Property as are dedicated to the City
pursuant to this Development, are in compliance with all such requirements pertaining to
the disposal or existence in or on such dedicated property of any hazardous substances,
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1. General Conditions
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement, "development
activities" shall include, but not be limited to, the following: (1) the actual construction of
improvements, (2) obtaining a permit therefor, or (3) any substantial change in grade,
contour or appearance of the Property caused by, or on behalf of, the Developer with the
intent to construct improvements thereon.
B. All improvements hereunder shall be installed as shown on the as -built
drawings on file with the City Engineer. In the event that the Developer commences or
performs any construction pursuant hereto after the passage of three (3) years from the
date of approval of the site specific development plan, the Developer shall resubmit the
utility plans to the City Engineer for reexamination. The City may then require the
Developer to comply with the approved standards and specifications of the City on file in
the office of the City Engineer at the time of the resubmittal.
C. No building permit for the construction of any structure within the
Property shall be issued by the City until the public water lines and stubs to each lot, fire
hydrants, electrical lines, septic system and stubs to each lot, and public streets (including
curb, gutter, and pavement 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 and sixty feet (660') from a single point of
access, unless the structures contain sprinkler systems that are approved by the Poudre
Fire Authority.
D_ Any streets described on Exhibit "A," attached hereto, shall be installed
within the time and/or sequence required on Exhibit "A".
E. Except as otherwise herein specifically agreed, the Developer agrees to
install and pay for all water, sanitary sewer, and storm drainage facilities and
appurtenances, and all streets, curbs, gutters, sidewalks, bikeways and other public
improvements required by this Development as shown on the Final Development Plan
Documents and other approved documents pertaining to this Development on file with
the City.
F. The installation of all utilities shown on the Final Development Plan
Documents 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 final Development Plan
Documents shall supersede the standard specifications.
G. All storm drainage facilities shall be so designed and constructed by the
Developer as to protect downstream and adjacent properties against injury and to
2
MAY-07-2003 12:35 9W4938598 P.02
DEVELOPMENT AGREEMENT
THIS AGREEMENT, is made and entered into this day of
2003, by and between the CITY OF FORT COLLINS, COLORAll0, a Municipal
Corporation, hereinafter referred to as the "City", and Underdog, LLC, a Colorado
limited liability company, hereinafter referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated in the
County of Larimer, State of Colorado, (hereinafter sometimes referred to as the
"Property" or "Development") and legally described as follows, to wit:
A tract of land situated in the Southeast % of Section 31, Township 7 North,
Range 68 West of the 6`h P.M., County of Larimer, State of Colorado, Which considering
the East line of said Southeast'/, as bearing North 001 12' West and with all bearings
contained herein relative thereto is contained within the boundary lines which begin at a
point which bears North 00'12' West 779.38 feet from the Southeast comer of said
Section 31, and run thence North 00' 12' West 156.48 feet; thence West 835.12 feet to a
point in the Easterly right-of-way line of the Union Pacific Road; thence South 00113'
East 156.48 feet along the right-of-way line; thence East 835.08 feet to the Point of
Beginning, less that portion contained in deed recorded May 11, 2000 at Reception No.
2000030742,
Also known by street number as: 4409 Timberline.Drive, Fort Collins, Colorado.
WHEREAS, the Developer and City desire to develop the Property and the
Developer has submitted to the City all plats and plans referenced in the attached Exhibit
B; and
WHEREAS, the parties hereto have agreed that the development of the Property
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 Final Development Plan Documents
submitted by the Developer subject to certain requirements and conditions, which involve
the installation of municipal improvements in connection with the Property.
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, it is agreed as follows:
City Attorney
City of Fort Collins
MEMORANDUM
DATE: May 7, 2003
TO: Dave Stringer, Development Review Supervisor
Ted Shepard, Chief Planner
Peter Barnes, Zoning Supervisor
Mike Smith, Utilities General Manager
FROM: W. Paul Eckman, Deputy City Attorney
RE: Gerrard Development Agreement
On February 28, I sent a draft development agreement to Doug Konkel for Gerrard to review. Today
I finally received a redrafted development agreement back from Doug Konkel. I have not read it.
It appears that it has been completely retyped so we will have to read it carefully to see what changes
were made and if we approve of those changes. I welcome your prompt comments.
WPE:mas
Attachment
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327