HomeMy WebLinkAboutDRAKE PARK SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31UTILITY AGREEMENT
THIS AGREEMENT is made and entered into this l-'�' day of (-C
A. D. 1977, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal cor-
poration, hereinafter sometimes designated as the "City", and Drake Associates,
Ltd. hereinafter designated as the "Developer",
WITNESSE nI :
WHEREAS, Developer is the owner of certain property situate in the County
of Larimer and State of Colorado and legally described as follows:
DRAKE PARK, SECOND FILING situtate in the northeast 1/4 of Section
26, Township 7 North, Range 69 West of the sixth P.M., Fort
Collins.
WHEREAS, Developer desires to develop said property as a commercial sub-
division and has submitted to the City a subdivision plat (and a site plan if
said property is to be developed as a Planned Unit Development), a copy of which
is on file in the Office of the City Engineer and by this reference made a part
hereof; and
WHEREAS, 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
by this reference made a part hereof; and
WHEREAS, the parties hereto have agreed that the development of said lar,;s
will require increased municipal services from the City in order to serve suc
area and will further require the :installation of certain improven-p-nts priTfor` y
of benefit to the lands to be developed and not to the City of Fort Collins a
a whole; and
WHEREAS, the City has approved t'h6 subdivision plat (and site plan e7herc
applicable) submitted by the Developer subject to certain requirements aLad
n
a
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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 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.
4. 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-
opmcnt 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
bikcpaths 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 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 pursuant hereto after two (2) 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 specifica-
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tions 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 per-
mits 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
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.
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.
E. 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
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.
11. 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 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
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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 develop-
mcnt 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 (1) such
claims and damages as arc 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.
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 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 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.
2. Special Conditions.
A. Water Lines.
Not Applicable
B. Sewer Lines.
Not Applicable
C. Storm drainage lines and appurtenances.
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(i) The Developer and the City agree that all storm drain-
age improvements for this development shall be com-
pleted prior to the issuance of a certificate of occu-
pancy.
(ii) 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 by the Developer prior to the issu-
anec of any building permit.
D. Streets.
(i) The Developer and
ing reimbursement
opmcnt.
3. Miscellaneous
the City agree that no street oversiz-
is due the Developer for this devel-
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 Engi-
nccring 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 rubbish
caused by the Developer's operation, shall remove such
rubbish no Tess 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 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 cor-
rected to the satisfaction 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 velocity to create
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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. Tcmpo-
rary 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 and related documents, 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.
IG. 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, 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 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 Agreement with
respect to any breach of the terns 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.
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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 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: .
City Clerk
APPROVED AS TO FORM:
-Director of/Engineering
THE CITY OF FORT COLLINS, COLORADO
A Mon icip I Corporation
By: C�T�✓
City Manager
City Attorney
DEVELOPER:
OFFICE ONE LTD., A Colorado limited
partnership
By: Barry. Cunningham,
General Partner
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EXHIBIT "A"
I. Schedulc 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 - Page 2
ITEH DESCRIPTION
3. Right-of-way & easement acquisition
(a)
(b)
4.
(a)
Sub -Total
Professional Design
Other
UANTITY __UNIT COST TOTAL COST
S.F.
S /S.F.
$
c.
S /Ac.
$
S
Lump Sum $
Total estimated cost of Storn Drainage improvements eligible for
credit or City repayment
S
Prepared by:
Title:
Address:
EXHIBIT "B"
The Development Agreement for Replat of Lot 11 and Part of Tract B of Drake Park
Second Filing
Not Applicable
COST ESTIMATE FOR MAJOR ORAIUAGE IMPROVErENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST
I. Storm sewer, manholes, end sections, etc.
(a) L.f. /L.f. S
(b) L.f. /L.f. S
(c) Ea. Ea. S —
-1d) Ea. Ea. S
Sub -Total
2. Channel excavation, detention pond
excavation and riprap
Sub -Total
6
C.Y:
S /C.Y.
$
C.Y.
S /C.Y.
S
C.Y.
S /C.Y.
S
S
conditions which involve the installation of and construction of utilities and
other municipal improvements in connection with said lands.
NOW, '17]E=ORE, in consideration of the premises and the terms and conditions
herein stated and for other valuable consideration, the adequacy of which is
acknowledged by the parties hereto, it is agreed as follows:
1. Except as otherwise herein specifically agreed, the Developer agrees
to install and pay for all utility lines, storm drainage facilities, streets
and other municipal facilities nccessary to serve the lands t.o*_chin the subdivision.
2. Water Lines.
a. Developer agrees to install all water lines as shown on the utility
plans in accordance with the requirements and as shown on said plans, whether
such lines are actually on the property, bordering the property or on other
lands connecting the subject property to the existing City �,Tater distribution
system.
b. Such water lines shall be installed in full compliance with the
standard specifications of the City on file in the office of the City Engineer
and applicable provisions of the City Code relating to the installation of
r
such lines.
c. Developer understands and agrees that no building permit for any
structure in the subdivision shall be issued by the City until the water line
and the fire hydrant serving such structure is installed and accepted by the
City.
d. Any water lines described on Exhibit A, attached hereto. shall y�-
installed within the time required on Exhibit A. if the City Engineer deters. s
that any lines shown on the utility plans are required to provide service to
other areas of the City, those lines shall be installed within the time deter.a n, +.
by the City Engineer.
M
e. All of said lines shall be installed at the sole expense of the
Developer.
f. The :installation of said line shall be inspected by the Engineering
Services Department of the City and shall be -'subject to such department's ap-
proval. Developer agrees to correct any deficiencies in such installation in
order to meet the requirements of the plans and the specifications applicable
to such installation.
3. Sanitary Sewer Collection Lines.
a. The Developer agrees to install all sanitary sewer collection
lines shown on the utility plans, whether the same be on or off the subject
property-
b. Such sanitary sewer lines shall be installed in full compliance
with the standard specifications of the City on file in the office of the City
Engineer relating to the installation of such lines.
c. Developer understands and agrees that no building permit shall be
issued by the City for any structure in the subdivision until the sanitary
sewer line serving such structure is installed and accepted by the City.
d. Any sanitary sewer lines described on Exhibit A, attached hereto
shall be installed within the time- required on Exhibit A. If the City Engines
determines that any lines shown in the utility plans are required to provide
service to other areas of the City, those lines shall be installed within the
time determined by the City Engineer_.
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e. All of said lines shall be installed at the sole expense of
Developer
f. The installation of said lines shall be inspected by the Engineering
Services Department of the City and subject to such department's approval.
Developer agrees to correct any deficiencies in such installation in order to
meet the requirements of the plans and the specifications applicable to such
installation.
4. Electric Lines and facilities. The City Light and Power Department
shall install all electric distribution lines and facilities required for the
subject property and the Developer shall pay for such work in accordance with
the established charges of the Light and Power Department. Such installation
shall include all street lights required for the development.
5. Storm Sewer Lines and facilities.
a. The Developer shall install all stone sewer lines and facilities
shown on the utility plans.
b. Such storm sewer lines and facilities shall be installed in full
compliance with the standard specifications of the City on file in the office
of the City Engineer relating to the installation of such lines.
c. Developer agrees to complete the installation of detention facil -
ties prior to occupancy of any structure constructed within the subdivision.
All of said lines and facilities shall be constructed in an ocic r?r
fashion, as determined by the City Engineer_, so as to prevent damage to other
utilities, streets, curb, clutter, sidewalks, and all adjacent properties.
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d. All of said facilities shall be installed at the sole expense of
Developer .
e. The installation of all of such lines and facilities shall be
inspected by the :Engineering Services Department of the City and shall be sub-
ject to such department's approval. Developer agrees to correct any deficiencies
in such installation in order to meet the requirements of the plans and the
specifications applicable to such installation.
6- Streets.
a. The Developer agrees to install all streets shown on the utility
plans, complete with paving, curb, gutter and sidewalks.
b. Such streets shall be installed in full compliance with the standard
specifications of the City on file in the office of the City Engineer relating
to the installation of such streets.
c. No bi.Lilding permit for the construction of any structure in the
subdivision shall be issued by the City until an all weather vehicular access
to the structures is provided.
d. Any streets described on Exhibit A, attached hereto, shall be '
completely installed within the time re(-juired on Exhibit A. If the City Zigi,
determines that any streets shown on the utility plans are required to proviar-
access to other areas of the City, those streets shall be installed within C-e
time required by the City Engineer.
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e. All of said streets shall be installed at the sole expense of the
Developer.
f. Developer agrees to correct any deficiencies in such installation in
order to meet the requirements of the plans and the specifications applicable
to such installation.
g. Street improvements shall not be installed until all utility lines
to be placed in the streets have been completely installed and all services to
individual lots have been installed from main utility lines to the property
line.
7. Other Requirements.
None.
8. miscellaneous.
a. This agreement shall be binding upon the parties hereto, their
heirs, personal representatives and assigns.
b. Nothing herein contained shall be construed as a waiver of any
requirements in the City Subdivision Ordinance or any other provision of the
City Code and the Developer agrees to comply with all requirements of the sar.�-
TE-IE CITY OF FORT COLLINS, COLOMI ),
f l
r
By—
ty ger
A
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MaEST :
City Clerk
a CIO 0 %.
Direr of Engineer: Services
City Attorney
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G FN PA n7,vch,
f . br„<<r Aij•c vt,,
bevel kr Titie
EXHIBIT A
1. Schedule of water lines to be installed out of sequence.
Nonapplicable.
2. Schedule of sanitary sewer lines to be installed out of sequence.
All of the sanitary sewer lines shown on the utility plans shall be installed
in conjunction with the first structure constructed on the site.
3. Schedule of street improvements to be installed out of sequence.
Nonapplicable.
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this -I g tL day of February
A.D. 1988, by and between THE CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as "the City," and OFFICE ONE
LTD., a Colorado limited partnership, hereinafter referred to as "the Developer."
WITNESSETH
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:
REPLAT OF LOT 11 AND PART OF TRACT B OF DRAKE PARK
SECOND FILING, Situate in the Northeast 1/4 of Section 26, Township 7
North, Range 69 West of the Sixth P.M., Fort Collins, 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 Engineering 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