HomeMy WebLinkAboutNORTH LEMAY PLAZA PUD - FINAL - 57-87A - LEGAL DOCS - SUPPLEMENTAL INFORMATIONDEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 1,4�' day of March, 1988,
by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as "The City and RETLAND,, INC., A Colorado Corpo-
ration, hereinafter referred to as "The Developer" and Deloris and Wilbur
Babcock, 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:
NORTH LEMAY PLAZA P.U.D., Lots 18 and 19 of Evergreen
Park Third Filing, located in the'East Half of Section
1, T 1 N., R 69 W. of the 6th P.M., City of Fort Col-
lins, Larimer County, 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 Engineer-
ing 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 Direc-
tor 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 require-
ments 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 Condi_ti_ons.
A. The terms of this Agreement shall govern all development acti-
vities of the Developer pertaining to the subject property
described above. For the purposes of this Agreement, "develop-
ment activities" 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
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grade, contour or appearance of said property caused by or on
behalf of the Developer with the intent to construct improve-
ments thereon.
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 stan-
dards and specifications 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 construction pursuant hereto after three (3)
years from the date of execution of this agreement, the Devel-
oper shall resubmit the project utility plans to the Director
of Engineering for reexamination. 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 Engineer-
ing 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 per-
mits shall be issued for any structure located in excels 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 facil-
ities 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 improve-
ments required by this development as shown on the plat, util-
ity and landscape plans, and other approved documents pertain-
ing to this development on file with 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.
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G. The installation of all utilities shown on the utility draw-
ings shall be inspected by the Engineering Department of the
City and shall be subjected to such department's approval. The.
Developer agrees to correct any deficiencies in such installa-
tions in order to meet the requirements of the plans and/or
specifications applicable to such installation. In case of
conflict, the utility drawings shall supersede the standard
specifications.
H. All storm drainage facilities shall be so designed and con-
structed by the Developer as to protect downstream and adja-
cent properties 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 require-
ments 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 indi-
rectly, as a result of the discharge of injurious storm drain-
age or seepage waters from the development 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 mainte-
nance; (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 Devel-
oper); 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 accor-
dance 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 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.
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2. Special Conditions.
A. Water lines.
Not Applicable.
B. Sewer lines.
Not Applicable.
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 i"ssuance of the first cer-
tificate of occupancy.
(ii) The Developer agrees to provide and maintain erosion con-
trol 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 by the Developer prior to the issuance of any
building permit.
(iii)The Developer shall provide a report of results of a
water quality analysis on the existing retention pond
located on the west side of the site. The analysis shall
include test results for the following:
1. PH
2. Heavy Metals (Group One)
3. Organics (Benzene, Toluene, Xylene)
4. Oil and grease
The report shall be submitted to the City Department of
Natural Resources prior to the issuance of any building
permit. The purpose for the report is to have data on
existing conditions.
D. Streets.
(i) Subject to the conditions of this agreement, the City
agrees to reimburse the Developer for oversizing Lemay
Avenue for the difference between residential street
standards and arterial street standards for that portion
of Lemay Avenue from the center line of Conifer Street to
the south property line of the site. The reimbursement
shall also include reimbursement for the oversized length
of the box culvert which must be extended on the west
side of Lemay Avenue at the south end of the site. Reim-
bursement shall be made to the Developer in accordance
with Section 29-680 of the Code of the City.
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(ii) When reimbursement is requested by the Developer, the
City's obligation for payment shall be limited to those
funds then budgeted and appropriated by the City for the
improvements then completed.
(iii)The street improvements to be constructed by the Devel-
oper under the terms of this agreement, for which the
Developer may be reimbursed by the City, shall be sub-
mitted by the Developer to a competitive bidding process
and the construction of the same shall be awarded to the.
lowest responsible bidder. Additionally, the developer
shall provide the City with a good and sufficient perfor-
mance bond or other equivalent security covering the
estimated cost of all such improvements.
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 pub-
lic 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 rub=
bish 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, rub-
bish, tools, construction equipment, machinery, and sur-
plus materials from the public right-of-way. The Devel-
oper further agrees to maintain the finished street sur-
faces free from dirt caused by the Developer's operation.
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 satisfac-
tion 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.
C. The Developer hereby insures that his subcontractors
shall cooperate with the City's construction inspectors
by ceasing operations when winds are of sufficient velo-
city to create blowing dust which, in the inspector's
opinion, is hazardous to the public health and welfare.
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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 oper-
ations. Temporary or permanent erosion control shall be
incorporated into the subdivision at the earliest practi-
cable 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 improvement's or
obligations may be shown on the original plat and related
documents, or on any replat subsequently filed by the
Developer, and the City may withhold such building per-
mits and certificates of occupancy as it deems necessary
to ensure performance 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 agree=
ment, 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, succes-
sors, 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 Agree-
ment.
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 suc-
ceeding property owner shall be bound by the terms of
this Agreement.
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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 for the non -defaulting
party's reasonable 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 reme-
dies specified in Paragraph 3 E of this Agreement.
X, y
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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.
I
EXHIBIT "B"
The Development Agreement for LEMAY PLAZA P.U.D.
(This estimate is for an alternative design. The actual amount reimbursed shall not
exceed $12,259.00 as determined from master plan improvements.)
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
2.
AnTn*rTnti
Storm sewer, manholes, end sections, etc.
( a) 18" pCP
(b) 48" RCP
(c) 48" End section with Grate
(d) Area Inlet
(e) Sump Rip -Rap
Sub -Total
Channel excavation, detention pond
excavation and riprap
UANTITY UNIT COST TOTAL
222
L.f.
27,00
/L:.f.
$
5._9.94
36
L.f.
42.80
/L.f.
$
1,541.
1
Ea.
1015.00
_ Ea.
5
1,015
1
--
Ea.
1200.00
Ea.
S
1,200
1
Ea.
2350.00
Ea.
$
2,350
1210.0
C.Y. $ /C.Y. S
N/A'
C.Y. $ /C.Y. $
C.Y. s
Sub -Total
EXHIBIT D--Page 2
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST
3. Right-of-way & easement acquisition
(a) S.F. $ /S.F. $
N/A
(b) Ac.. $ /Ac. $
Sub -Total
4. Professional Design
( a) N/A Lump Sum $
5. Other
( a) $.
('b) N/A $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
Prepared by: 'Todd A.. Shimoda Title: P.E.
Address: Parsons_& Associates
432 Link Lane Plaza
Fort Collins, CO 80524
S 12,100
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