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HomeMy WebLinkAboutCENTRE FOR ADVANCED TECHNOLOGY PUD FIFTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of December, A.D. 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corpo- ration, hereinafter referred to as "the City," and EVERITT ENTERPRISES LIM- ITED PARTNERSHIP NO. 1, a Colorado Limited Partnership, hereinafter referred to as "the Developer." %7T'PM V Q Q L'T'U 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: CENTRE FOR ADVANCED TECHNOLOGY P.U.D., FIFTH FILING, located in Sec- tion 23, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, C,D;nty of Larimer, State of. 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 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 Engi- neer and made a part hereof by reference; and EXHIBIT "B" The Development Agreement for Centre for Advanced Techology P.U.D. Fifth Filing Not Applicable COST ESTIMATE FOR MAJOR DRAINAGE Ii'?ROVEi;E'!TS Include only those major storm drainage basin improvements required by an adopted basin master plan. ITEIM DESCRI?TIOI! QUANTITY L„>>IT COST TOT.'_ COST I. Storn-sewer, manholes, end sections, etc. ( a) L.f. (b) L.f. (c) Ea. Ea. $ `(d) Ea. Ea. S Sub -Total S 2. Channel excavation, detention pond excavation and riprap (a) C.Y: S /C.Y. $ (b) C.Y. S /C.Y. $— (c) C.Y. S /C.Y. $ Sub -Total - S RCPTN # 88000724 Ol/ 88 11:44:03 # OF PAGE - 1 FEE - $3.00 M. RODENBERGER, RECORDER - LARIMER COUNTY CO STATE DOC FEE- $.00 NOTICE Please take notice that on December 14, 1987, the Planning and Zoning Board of the City of Fort Collins, Colorado, approved the Final P.U.D. Plan known as Greenfield F.U.D. at the Centre for Advanced Technology, 5th Filing, which development was submitted and processed in accordance with Section 118-83 of the Code of the City of Fort Collins. The Final P.O.D. Plan of the subject property together with the development agreement dated December 14, 1987 between the City of Fort Collins and the developer, cat of which documents accrue certain rights and obligations of the developer and/or subsequent owners of the subject property, is on file in the office of the Clerk of the City of Fort Collins. The subject property is more particularly described as follows: A portion being a Replat of the Centre for Advanced Technol- ogy P.1J.D. Second Filing and a Tract of Land located in Sec- tion 23, Township 7 North, Range 69 West of the Sixth Princi- pal Meridian, City of Fort Collins, County of Larimer, State of Colorado. 1 City Clerk S cret,ry of Planning and Zoning Tcard ity Fort Collins Dated: ZI Z I d 7 V-iEREAS, 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 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 Agree- ment, "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. A„ All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, side- walks, 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 Citv 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 date of execution of this agreement. In the event that the Developer commences or performs any construction pur- suant hereto after two ( 2 ) years from the date of execu- tion of this agreement, the Developer shall resubmit the project utility plans to the City Engineer for reexami- nation. The City may require the Developer to comply with approved standards and specifications of the City on file in the Office of the City Engineer at the time of resub- mittal. 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 secraence required on Exhibit "A". If the City Engineer has deter- mined 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 facil- ities 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 Devel- oper agrees to install and pay for all water, sanitary sewer and storm sewer facilities and appurtenances, and all streets, curbing, gutter, sidewalks, bikeways and other public improvements required by this development as shown on the plat, utility and landscape plans, and other approved documents pertaining to this development 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 atilities shown on the utility drawings 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 installations in order to meet the requirements of the plans and/or specifications applicable to such instal- lation. in case of conflict, the utility drawings shall supersede the standard specifications. H.. All storm drainage facilities shall be so designed and constricted 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 min- imum requirements for storm drainage facilities as have been established by the City in its Drainage Master Plans and Design Criteria. The Developer does hereby indemnify and hold harmless the City from any and all claims that might arise, directly or indirectly, as a result of the discharge of injurious storm drainage or seepage waters from the development in a manner or quantity different from that which was historically discharged and caused by the design or construction of the storm drainage facili- ties, 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 stonn drain- age facilities as aforesaid and it is expressly affinned hereby that such engagement shall be intended for the benefit of the City, and subsequent purchasers of property in the development. I. The Developer shall pay storm drainage basin fees in accordance with Chapter 26, Article VIT of the City Code. Storm drainage improvements eligible for credit or City repayment under 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 constriction casts. See Section 2.C, Special Conditions, Storm Drainage T.im,s and Appurte- nances, for specific intructions. J. The Developer shall provide the City Engineer with certi- fied Record Utility Drawing Tr_ansparenci,_s on 131ack Tmage Diazo Reverse Mylars upon completion of any phase of the constriction. 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 com- pleted by the Developer prior to the issuance of a certificate of occupancy. (ii) Under no circumstances will the City be responsible for the maintenance of on -site storm drainage facili- ties and the off -site temporary swale as shown on the approved utility plans. (iii)The Developer agrees to provide erosion control improvements as shown on the approved utility plans to stabilize all over -lot grading in and adjacent to this development. The erosion improvements must be completed by the Developer prior to the issuance of a building permit. D. Streets. (i) The Developer and the City anree that no street over - sizing reimbursement is due the Developer for this development. (ii) All street improvements required for this develop- ment, shown on the approved utility plans, shall be completed prior to the issuance of any 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 constriction 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 he(-n annrovod by the City Engineer. B. The Developer shall, at all times, keep the public right- of-way free from accumulation of waste material or r.;bbish caused by the Developer's meration, shall r.",move s,,ch rubbish no less than weekly and, at the canaletion of the work, shall remove all. such waste ,materials, rubbish, tools, construction equipment, machinery, aryl surplus materials from the public right-of-way. The Developer further agrees to maintain the finished street surtaces free from dirt caused by the Developer's operation. An_y excessive accumulation of dirt and/or construction materi- als shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until the problem is corrected to the sati :fact icn of the City Engineer. If the Developer fails to adequately clean such streets within two (2) days after receipt o` written notice, the City may have the streets cleaned at the Developer's expense and the Developer shall he responsible for prompt payment of all such costs. C. The Developer hereby insures t',)at his subcontractors shall cooperate with the City's construction inspectors by ceas- ing operations when wiryJs are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodible earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Tem- porary 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 agree- ment, complete all improvements and perform all other obligations required herein, as such improvements or obli- gations may be shown on the original plat and related documents, or on any replat subseaaently filed by the Developer, and the City may withhold such building permits and certificates of occinancy 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 he a waiver of any subsequent breach hereof. H. Financial obligations of the City of Fort rollins payable after the current fiscal. year and/or not appropriated or badgeted are contingent anon finds for that purpose being appropriated, budgeted and ot`ieniise made available. I. This Agreement shall ran with the real property herein above described ari binding upon the parties hereto, their personal_ r presentatives, heirs, successors, grantees and assigns. Assignment of interest within the meaning of this paragraph shall specifically include, but not be limited to, a conveyance or assignment of any por- tion of the �evc�l:� er' �-eai :;r ^rcprietary interest in the real property herein after described, as well as any assignment of the Developer's rights to develop such prop- erty under the terns 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 equit- able and legal interest in ;aid property, the City hereby agrees to release said Developer from liability under this Agreement with respect to any breach of the terms and con- ditions of this Agreement occurring after the date of any such transfer_ of interest. ?n such event, the succeeding property owner shall be bound by the terms of this agree- ment. K. Each and every tern and condition of this Agreement shall be deemed to be a material element thereof. In the event either party hall fail or refuse to perform according to the terms of tills Agreement, such party may he 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 Agree- ment and seek damages; (b) treat the Agreement as conti- nuing and require specific performance; or, (c) avail itself of any other remedy at law or equity. L. In the event of default of any of the provisions hereof by either party which shall require the party not in default to comnence legal or eauitable action against said defaulting party, the defaulting party shall be liable to the non-def_aalting 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. THE CITY OF FORT COLLINS, COLORADO A Muni 'pal Corporatio By: C _ City Manager ATTEST: 41� 44 City Clerk APPROVED AS TO FORM: i y E neer City Attorney -EVERITT ENTERPRISES, Managing partner By: ATTEST (Corporate Seal) By: _ Tracie Hozie, Assistant Secre ry Gerald R. Haxton, President EXHIBIT "A" 1. Schedule of water lines to be installed out of sequence. Not Applicable. 2. Schedule of sanitary sewer lines to be installed out of sequence. Not Applicable. 3. Schedule of street improvements to be installed out of sequence. Not Applicable. 4. Storm drainage improvements to he installed out of segaence. Not applicable.