HomeMy WebLinkAboutCOLLINDALE BUSINESS PARK - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT
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THIS AGREEMENT, made and entered into this j day of
19V8 by and between THE CITY OF FORT COLLINS, COLORADO, a Municl_
teal korporation, hereinafter referred to as "the City", and K. Bill Tilev, an
individual, hercinaf ter referred to as "the Developer".
WITN ESSETH
WHEREAS, the Developer is the Owner of certain property situated in the
County of Larimer, State of Colorado, and legally described as follows, to -wit:
COLLINDALE BUSINESS PARK, situate in the East 1/2 of
Section 31, Township 7 North, Range 68 west of the 6th P.M.,
Fort Collins, 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 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 Director
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
requirements and conditions which involve the installation of and construc-
tion 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 adc-
quacy 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, "devel-
opment 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
EXHIBIT "A"
1. Schedule of water lines to be installed out of sequence.
Not 1pplicablc.
chcdulc ct* sanitary se�xcr lines to be installcd out of ,equo,,,: c.
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.
WE
EXHIBIT "B"
The Development Agreement for
This exhibit does not apply to Phis developrent.
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM DESCRIPTION
1. Storm sewer, manholes, end sections, etc.
(a) e-4-"
(b) ¢-8„ cL R cP
(c) /NTE[:SE67"10" MIc:�NNOLr-
(d) O UFKY=Low
(e) 24 ' ADS N- I PIP):
fl
Sub -Total
2. Channel excavation, detention pond
excavation and riprap
(a) r?EMO�JC TRr-r_-5
(b) EXC/-)vlc�-Tr cH/CN"Al FL
(c) E905) O N CONTROL PUFW-1 G- CONST,
FE-SEFD CHAIVAIEV130FP/-)L0 G9ASf
Z—YEAR n/1/,g1NTENP7NCF_
Sub -Total
UANTITY UNIT COST TOTAL COST
4-� L.f.
5a.00 /L• f•
$
7-45-0,00
5S ' L.f.
)0.00 /L.f.
$
4�so,oD
I E a.
¢2 Oy. oU Ea.
$
42 oo. 00
1 Ea.
3 OUO. 0V Ea.
$
3000.00
Z3c7 L.F• Z7.00 L F.
/O U S, `/35.0o/sV .3SCY1,00
$ 24553,00
l 0 C4, .
$ / 50.U0 /SA •
$ l 50:� 0 0
000 C.Y.
$ 3.0U/C.Y.
$ 2�-00.00
Lf
$ /L.'.
$ 44-00,CO
/0 000 .S, F
J 0.06 IS.F.
/ 000. 00
S7- WEEK
31 l OO.0(1 wk
5W61, 00
$IQS,50, 00
EXHIBIT B - Page 2
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST
3. Ri ght-of-bray & easement acquisition
(a) S.f. $ �r
(b)
Ac. $ /Ac. $
Sub -Total
4. Professional Design
(a) Lump Sum $ Z6-09.OQ
5. Other
(a) Ga1v57RVG /0 SU1z�/l �JN� — /Z t�R (7G.00
(b)
(c)
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
$ 3064S. 00
Prepared by: � � Title: �E LS �50Z
Address: X_
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 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 Developer 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 Engineering 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 Director of Engineering has determined
that any water lines, sanitary sewer lines, storm sewer facili-
ties 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
improvements required by this development as shown on the
plat, utility and landscape plans, and other approved docu-
ments 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 utilities shown on the utility drawings
shall be inspected by the Engineering Department of the City
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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 specif ications
applicable to such installation. In case of conflict, the utility
drawings shall supersede the standard specifications.
(l. All storm drainage facilities shall be so designed and con-
structed by the Developer as to protect downstream and adja-
cent pr,,Ycrtics against injury and to adequately serve t'.
property to be developed (and other lands as may be
required, if any). The Developer has met or exceeded mini-
mum 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 develop-
ment in a manner or quantity different from that which was
historically discharged and caused by the design or construc-
tion of the storm drainage facilities, except for ( I ) such
claims and damages as are caused by the acts or omissions of
the Citv 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 con-
stitute a waiver or relinquishment by the City of the afore-
said 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, if applicable, shall include
right-of-way, design and construction costs. See Section 2.C,
Special Conditions, Storm Drainage Lines and Appurtenances, for
specific instructions.
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 construction.
992
2. Special Conditions.
A. Water lines.
The Developer shall reimburse the City the sum of $539.45 for
the cost of installation of the 16" water line in Timberline Road
adjacent to the developmcnt (calculated at the rate of 52.7664 per
i'ront foot for 195 feet). Said reimbursement shall be paid prior
to the time the first building per, ,it is issued for tn:
development.
)3. Sewer lines.
The Developer shall reimburse the City the sum of $19,503.19 for
the installation of the Warren Trunk Sewer which serves this
development. Said reimbursement shall be paid prior to any
construction activities beginning on this development.
C. Storm drainage lines and appurtenances.
(i) The Developer and the City agree that all on -site 4
and off -site storm drainage improvements shall be�
completed by the Developer prior to the issuance ��
of the first building���paFt. Completion of �GzrVAV
improvements shall include the certification by a
licensed professional engineer that the drainage
facilities which service this development, have
been constructed in conformance with the
approved plans.
(i i) The Developer agrees to provide and maintain
erosion control 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
prior to the issuance of any building permit.
D. Streets.
(i) Subject to the conditions of this agreement, the
City agrees to reimburse the Developer for
oversizing public street improvements along
Timberline Road for those portions of the said
street as shown on the approved utility plans.
The City shall make reimbursement to the
Developer for the aforesaid oversized street
improvements in accordance with Section 24-21 of
the Code of the City. The Developer agrees and
understands that the City shall have no obligation
to make reimbursement payments for street
oversizing unless funds for such payments shall
first have been budgeted and appropriated from
the Street Oversizing Fund by the City Council;
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and the Developer further understands that to the
extent that funds are not available for such
reimbursement, the City may not, in the absence
of the Developer's agreement, require the
construction, at the Developer's expense, of any
oversized portion of streets not reasonably
necessary to offset the traffic impacts of the
development. The Developer does hereby agree to
construct the aforesaid oversized street
improvements with the understanding that the
Developer may not be fully reimbursed by the
City for the cost of such construction. The
Developer further agrees to accept payment in
accordance with Section 24-21 (d) of the Code of
the City as full and final settlement and
complete accord and satisfaction of all obligations
of the City to make reimbursements to the
Developer for street oversizing expenses. It is
anticipated by the City that the City's
reimbursement, in accordance with Section 24-21
(d), would not be less than fifty percent (50%) of
the Developer's actual expenses incurred and will
be calculated in accordance with the formula as
set forth in Section 24-21 (d).
(ii) Prior to beginning construction of improvements to
Timberline Road, the Developer shall deposit with
the City a cash guarantee in the form of a
certificate of deposit, cash, performance bond,
letter of credit or other City approved means to
guarantee the completion of all public
improvements to be constructed in the street
rights of way in accordance with the approved
utility plans on file in the office of the Director
of Engineering. The amount deposited shall be
equal to 100% of the estimated cost of the
improvements. The estimate shall be prepared by
the Developer and submitted to the Director of
Engineering for review and approval.
E. Hazards and Emergency Access.
No combustible material will be allowed on the site
until a temporary or permanent water system is
installed by the Developer and approved by the
City.
2. The Developer shall provide an accessway to any
building under construction, adequate to handle
any emergency vehicles or equipment, and to
properly maintain such accessway at all times.
Such accessway shall be at a minimum, 20' wide
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with 4" aggregate base course material compacted
according to City Standards and with an 80' radius
turnaround at the building end of said accessway.
3. The issuance of any footing foundation permit by
the City is made solely at the Developer's own
risk and the Developer shall hold the City
harmlcss from any and all damages or injuries
arising directly or indirectly out of the issuance
of said permit prior to the completion of the
requirements in accordance with Section 29-678 of
the Code of the City.
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 Director of Engineering in accordance with the
Cit_v'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 oper-
ation. Any excessive accumulation of dirt and/or con-
struction materials shall be considered sufficient cause
for the City to withhold building permits and/or certifi-
cates of occupancy until the problem is corrected to the
satisfaction of the Director of Engineering. If the Devel-
oper 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.
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
I Me
shall not exceed 200,000 square feet for earthworks
operations. Temporary or permanent erosion control shall
be incorporated into the subdivision at the earliest prac-
ticable time. By way of explanation and without limita-
tion, 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 and
related documents, or on any replat subsequently filed
by the Developer, and the City may withhold such build-
ing 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 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 avail-
able.
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 assign-
ment of any portion of the Developer's real or propriet-
ary 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 Agreement.
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 Agree-
ment with respect to any breach of the terms and condi-
tions 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.
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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
(5) days l_ F n which to cure said default. In the
event the default remains uncorrected, the party declaring
default may elect tz): (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 emiity.
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, 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 remedies specified in
Paragraph 3 E of this Agreement.
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THE CITY OF FORT COLLINS, COLORADO
A Muni ipal Corporation
B v:
ity ivianagir
r "F EST -
City Clerk
APPROVED AS TO FORM:
Dirccvor o,11 Engineering f
City Attorney
DEVELOPER:
by: 7K. Bill Tiley, an individual
I a,