HomeMy WebLinkAboutBANKCENTER SQUARE - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 1 day of
A.D. 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as "the City," and
Kelly Moore Paint Company, Inc., a California Corporation, hereinafter
referred to as "the Developer."
WTTNFCCFTN-
WHEREAS, the Developer is the owner of certain property situate in
the County of Larimer, State of Colorado, and legally described as
follows, to -wit:
Lot 1 of Bankcenter Square First Filing P.U.D., A tract of
land located in the Northeast Quarter of Section 23,
Township 7 North, Range 69 West of the Sixth P.M. City of
Fort Collins, County of Larimer, State of Colorado being a
part of Lot 3 of Bankcenter Square First Filing, a
subdivision in the City of Fort Collins, Larimer County,
Colorado as filed and recorded in the records of Larimer
County, Colorado.
WHEREAS, the developer desires to develop said property and has
submitted to the City a subdivision plat and/or a site plan, a copy of
which is on file in the Office of the City Engineer 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 City
Engineer 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
Agreement occurring after the date of any such transfer of
interest.
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.
In the event of 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
attorneys' fees and costs incurred by reason of 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.
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ATTEST:
414�h41t
"—
City Clerk
APPROVED:
�=vrer
Fc"
City Attorney
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: C -
ity Manager
Kelly Moore Paint Company, a
California Corporation
B;:�- .- -L
�j -
sep1h P. Cristiano, Pr.8sident
TTEST:J,,A.--RqCL-C1jw10
hn t4. Bacigalupo Secr tary-Tre surer
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FXNTRTT "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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EXHIBIT "B"
The Development Agreement for Lot 1 of Bank Center Square — First Filing PUD
This Exhibit does not apply to this development.
rn�T FCTTMATF cnD Pan inn n M n T I I I rI ...,,I.,,,I..
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITE;,1 DESCP.IPTION OU,,NTITY U'!IT COST TOTAL COST
I. Storm sewer, manholes, end sections, eta -
2.
Sub —Total
Channel excavation, detention pond
excavation and riprap
Sub -Total
L.f.
/L.f.
S
L.f.
Ea.
Ea.
S
Ea.
Ea.
S
9
C.Y.
$
/C.Y.
C.Y.
$
/C.Y.
S
C.Y.
S
/C.Y.
S
5
EXHIBIT B - Pcge 2
ITE11 _ DESCRIPTION
3. Right-of-way & easement acquisition
(a)
(b)
Sub -Total
4. Professional Design
(a)
Other
QUA`JTITY ___UNIT COST TOTAL COST
S.F. S /S.F. S
Ac. S /Ac. S
S
Lu, p Sum S
Total estimated cost of Storm Drainage icprovements eligible for
credit or City repayment
S
Prepared by:
Ti tl e:
Address:
RCPTN # 87033518 0 /87 14:04:44 # OF P1. - 1 FEE - $3.00
M RODENBER,3ER, RECORDER - LARIMER COUNTY, CO STATE DOC FEE $.00
NOTICE
Please take notice that on May 18, 1987, the Planning and Zoning Board of
City of Fort Collins, Colorado, approved the Amended Final P.U.D. Plan know
as The Bank Center Square P.U.D., which development was submitted and
processed in accordance with Section 118-83 of the Code of the City of Fort
Collins. The Amended Final P.U.D. Plan of the subject property together
with the development agreement dated June 1, 1987 between the City of Fort
Collins and the developer, out of which documents accrue certain rights and
obligations of the development and/or subsequent owners of the subject
property, is on file in the office of the Clerk of the City of Fort Col-
lins.
The subject property is more particularly described as follows:
A Tract of Land Located in the Northeast 1/4 of Section 23, Town-
ship 7 North, Range 69 West of the Sixth Principal Meridian, City
of Fort Collins, County of Larimer, State of Colorado
City Clerk
Secr/6tarV, Planning and Zoning
Board, C ty of Fort Collins
Dated: ! 1 v
�.r
t 0-' !:(;Z`
THIS AG:IEN413-ITJ made and entered into this 23 March 1971 day.
of March. A. D. 19 71 , by and beit;en THE CITY OF FO HT
COTS -MIS, a municipal corporation, 'herci.nafter desire-nated as first party,
and BANK CENTER, INCORPOI'.ATED' ROBERT H, BUSCH, PRESIDENT
Hereinafter designated as second party, ZIITiviSSE1h:
WHEIRMS, second party has heretofore suI'zAtted a subdivision
plat of the sub�:'vision to be kno;-rn as BANKCENTER SQUARE FIRST FILING
For approval by the Nuu. cipal Planning and Zoff-ng,3oard and
the City Council of the City of Fort Collins, and
WHEREAS, said subdivision plat is acceptable to first party
and first partyts Planning and Zoning Board, subject to construction of
utilities: in the area to be sub.d:i.vided,
N01, THEREFC.RE, in consideration of the pre;�ises and the terms
of this agreement., it is mutually agreed as follo;-rs :
1. First party agrees that sa.•i.d subdivision plat shall be, k
and the same is hereby approved.
_2�.:-Sn consideration. of the approval of said plat by first
!' party, and first partyts Planning and Zoning }Board, second party agrees
as follows: '
(A) To submit to first party the follo ring detailed
improvement plans, acceptable to the first party:
. t
(1) A plan of the proposed eater distribution system
including the connecting pipelines to the points of connection to. the
first party's existing v,ater distrib�_tion system and sho,r-ino all val.Zres
and fire hydrants.
(�) Plans and profiles of the proposed sanitary se.;er
system including all manholes and connections to the first partyts
existing sanitary se:;er system.
(3) A plan of the proposed electrical distribution syste-m
including connecting lines to the first party's existing electrical
distribution systcn and including all street -lights.
(4) PI a.r_:I pr oii les of all street ? r:aroveri-nts.
&i:8 a..d prol t1e vi'Oz)JS d s..: i:6+.
syste i the cC>inecti-I-n- to ta:. fir: p `'tYts sto-7M Sui,3i ✓-,tom:i
and including all storm sewor inlets and manholes. If a storm sower outfall
i
line is not available, second parlay agrees to join into a special 1.bTro;•e_
meet district for the installation of such outfa.11 line upon request therefor
by first panty and to sign any petition and perform any other act necessary
to form such district.
(6) Items A (1) to A (5) inclusive are to be financed by the
party of. the second part, excepting only Item (3) electrical distributioli
system. All. material required for street_ lights are to be paid for by the
party of the second part to the Light & Power Department of the City.
In the event the City of Fort Collins shall require larger water
mains, sanitary sower mains or storm sewer mains to be constructed within
the subdivision than would be required by standard engineering practices
to serve the subdivision, in order to properly extend these services to
other areas, the City of Fort Collins will pay a portion of the cost of such
enlarged facility based on proration of the cost of the facility actually
-constructed and the estimated cost of such facility as shoi%,n on the sub -
divider's approved plan. Such proration of costs between the City of Fort
Collins and the subdivider shall be determined in advance of construction
by the City Engineer and in the event of any dispute this natter shall be
submitted to the City Council for final determination.
IN WITNESS WHEREOF, first party has caused these presents to be
signed by its Mayor and its corporate seal to be hereto affixed attest to
by its City Clerk, pursuant to notion of the Council of the City of Fort
Collins dated the — y� J day of % z A.D.,
19 �and second party has hereto set his hand and seal the day and
year first hereinabove written. R
ATTEST:
City Clerk
THF. CITY OF FORT COLLINS
A Municipal, Corporation
- Mayor
First Party
APPROVE
G�
scored rare:
(SEAL)
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
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
activities of the Developer pertaining to the subject
property described above. 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 building permit therefor,
or (3) Any change in grade, contour or appearance of said
property caused by or on behalf of the Developer with the
intent to construct improvements 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 standards and specifications of the City on
file in the Office of the City Engineer at the time of
approval of the utility plans relating to the specific
utility, subject to a two (2) year time limitation from the
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date of execution of this agreement. In the event that the
Developer commences or performs any construction pursuant
hereto after two (2) years from the date of execution of this
agreement, the Developer shall resubmit the project utility
plans to the City Engineer 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 City
Engineer 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 City Engineer 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.
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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, 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 inspected by the Engineering Division of
the City and shall be subjected 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 utility drawings
shall supercede the standard specifications.
H. All storm drainage facilities shall be so designed and
constructed by the Developer as to protect downstream and
adjacent 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
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
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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
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 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 93 of the City Code. Storm drainage
improvements eligible for credit or City repayment under
provisions of Chapter 93 are described together with the
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estimated cost of the improvements on the attached Exhibit
"B", which improvements shall include right of way, design
and construction costs. The basin fee payable by the
Developer shall be reduced by the estimated cost of said
eligible improvements. Upon completion of such eligible
improvements, the amount of such reduction shall be adjusted
to reflect the actual cost. If the cost of the eligible
improvements constructed by the Developer and described in
the above mentioned exhibit exceeds the amount of the storm
drainage fees payable for the development, the City shall
reimburse the excess cost out of the Storm Drainage fund upon
completion of the improvements and approval of the
construction by the City.
J. The Developer shall provide the City Engineer with certified
Record Utility Drawing Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the
construction.
2. Special Conditions.
A. Water lines.
Not Applicable
B. Sewer lines.
Not Applicable
C. Storm drainage lines and appurtenances.
Not Applicable
D. Streets.
(i) The City and the Developer agree that no street
oversizing reimbursement is due the Developer.
Issuance of a Highway Access Permit by the State
of Colorado is required prior to beginning any
improvements on South College Avenue.
E. Building Permit
(i;) The General Conditions, Item C., of this
Development Agreement are hereby amended to
allow for the issuance of the Building Permit
prior, to the completion of the storm drainage
and driveway improvements. All of the aforesaid
improvements shall be constructed and accepted by
the City prior to the issuance of a Certificate of
Occupancy.
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 City Engineer
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 City Engineer.
B. The Developer shall, at all times, keep the public right-
of-way free from accumulation of waste material or rubbish
caused by his 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 his
operation. Any excessive accumulation of dirt and/or
construction materials shall be considered sufficient cause
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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.
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
erodable earth material exposed at any one time shall not
exceed 200,000 square feet for earthworks operations.
Temporary or permanent erosion control shall be incorporated
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 agreement,
complete all improvements and perform all other obligations
required herein, as such improvements or obligations may be
shown on the original plat, or on any replat subsequently
filed by the Developer, and the City may withhold such
building permits 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 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,
assignment of any portion of the Developer's proprietary
interest in the real property herin after described, as well
as any assignment of the Developer's rights to develop such
property under the terms and conditions of this Agreement.
J. In the event the Developer herein after 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
SOM