HomeMy WebLinkAboutSTRACHAN THIRD - Filed DA-DEVELOPMENT AGREEMENT - 2003-09-17DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 93RO day of
A.D. 198Z, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and THE ARENA ASSO-
CIATES, LTD., by E. E. MITCHELL AND CO., General Partner, hereinafter
referred to as "the Developer,"
WTTHFCUTH-
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:
The Arena P.U.D. Phase II - Intrawest Bank, situate in
pars: of Lot 3, Strachan Subdivision Third Filing in the
Southwest Quarter of Section 25, Township 7 North,
Range 69 West of the Sixth Principal Meridian, City of
Fort Collins, County of Larimer, State of 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
EXHIBIT "B"
The Development Agreement for THE ARENA PHASE II - INTRAWEST BANK. This exhibit is not
applicable to this development.
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.
Sub -Total
QUANTITY
UNIT COST TOTAL COST
$
$
Ea. _
_ Ea.
$
Ea.
Ea.
$
r"
2. Channel excavation, detention pond
excavation and riprap
(a) C.Y. $ /C.Y. $
(b) C.Y. $ /C.Y. $
(c) C.Y. $ /C.Y. $
Sub -Total $
EXHIBIT B - Page 2
ITEM DESCRIPTION QUANTITY UNIT COST
3. Right-of-way & easement acquisition
4.
(a)
Sub -Total
Professional Design
Other
TOTAL COST
S.F.
$
/S.F. $
Ac.
$
/Ac. $
Lump Sum $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
Prepared by:
Address:
Title:
DEVELOPMENT AGREEMENT
J
THIS AGREEMENT, made and entered into this day of
A.D. 198)-� by and between THE CITY OF FORT COLLINS, COLORADO, d Municipal
Corporation, hereinafter referred to as "the City," and THE FIRST NATIONAL
BANCORPORATION, INC., a Colorado corporation, hereinafter referred to as
"the Developer,"
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:
The Arena P.U.D. Phase II - Intrawest Bank, situate in
Lot 2 and part of Lot 3, Strachan Subdivision Third
Filing in the Southwest Quarter of Section 25, Township
7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, County of Larimer, State of
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
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 premises and the terms and
conditions acknowledged by the parties hereto, it is agreed as follows:
1. General Conditions.
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 standard 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 any
1time limitations as provided by Ordinance.
B. 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 struc-
ture have been completed and accepted by the City. No build-
ing permits shall be issued for any structure located in
excess of six hundred sixty feet (660') from a single point of
access.
-2-
C. 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 determines that any water
lines, sanitary sewer lines, storm sewer facilities and/or
streets shown on the utility plans are required to provide
service or access to other areas of the City, those utilities
shall be installed within the time determined by the City
Engineer as referred to under "Special Conditions" in this
document.
D. 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 municipal
facilities necessary to serve the lands within the develop-
ment.
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 indivi-
dual lot service lines leading in and from the main to the
property line.
F. The installation of all utilities shown on the utility draw-
ings shall be inspected by the Engineering Division of the
City and shall be subject to such department's approval.
-3-
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.
G. All storm sewer facilities shall be so designed and con -
strutted as to protect the downstream properties and to
adequately serve the property to be developed (and other lands
as may be required, if any). The developer hereby agrees to
indemnify and hold the City harmless from any and all claims
that might arise, directly or indirectly, as a result of the
discharge of storm drainage or seepage waters from the devel-
opment in a manner or quantity different from that which was
historically discharged.
H. The Developer shall pay storm drainage basin fees in accor-
dance 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
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 con-
M
strutted by the Developer and descriued 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 improve-
ments and approval of the construction by the City.
I. The )ev=loper ;hall provide the City Engineer with certiFied
Record Utility Drawing Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the construc-
tion.
2. Special Conditions.
A. Water lines (oversizing, payback, etc.).
No certificate of occupancy will be issued until the water
main is constructed and approved by the City Engineer.
B. 'unitary sewer (oversizing, payback, etc.).
No certificate of occupancy will be issued until the sewer
-gain is constructed and approved by the City Engineer.
C. Storm drainage lines and appurtenances (detention pond con-
struction, off -site mains, etc_.).
No certificate of occupancy will be released until all storm
drainage facilities are constructed and approved by the City
Engineer.
D. Streets (oversizing, traffic lights, signs, etc.).
Not Applicable.
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 t'ne di')iic fight -of -way
-5-
and/or other areas as deemed necessary by the City Engi-
neer 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.
D. 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.
fie further agrees to maintain the finished street surfaces
free from dirt caused by his operation. Any excessive ac-
cumulation or dirt and/or construction materials shall be
considered sufficient cause for the City to withhold building
permits and/or certificates of occupancy until 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 his expense and he 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 buil-
ding permits and certificates of occupancy as it deems neces-
sary to ensure performance hereof.
F. This Agreement shall be binding upon the parties hereto, their
successors, grantees, heirs, personal representatives, and
assigns and shall be deemed to run with the real property
above described.
G. 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.
-7-
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 be installed out of sequence.
Not Applicable.
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 premises and the terms and
conditions acknowledged by the parties hereto, it is agreed as follows:
1. General Conditions.
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 standard 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 any
time limitations as provided by Ordinance.
B. 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 struc-
ture have been completed and accepted by the City. No build-
ing permits shall be issued for any structure located in
excess of six hundred sixty feet (660') from a single point of
access.
-2-
r WIITMTT 11n11
The Development Agreement for THE ARENA PHASE II - INTRAWEST BANK. This
exhibit is not applicable to this development.
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.
Sub -Total
2. Channel excavation, detention pond
excavation and riprap
UANTITY
UNIT COST
TOTAL COST
L.f.
/L.f. $
L.f.
/L.f. $
Ea.
Ea. $
Ea.
Ea. $
$
C.Y.
$
/C.Y.
$
C.Y.
$
/C.Y.
$
__C.Y.
$
/C.Y.
$
Sub -Total $
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this a3rdday of AuqLtst,
A.D. 1982, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and ARENA ASSOCIATES,
Ltd., by E. E. MITCHELL AND COMPANY, General Partner, hereinafter referred
to as "the Developer,"
WTTNFSSFTH-
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:
The Arena P.U.D, Phase III, being a part of Lot 3,
Strachan Subdivision Third Filing, situate in the
Southwest Quarter of Section 25, Township 7 North,
Rancle 69 West of the Sixth Principal Meridian, City of
Fort. Collins, County of Larimer, State of 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
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 premises and the terms and
conditions acknowledged by the parties hereto, it is agreed as follows:
1. General Conditions.
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 standard 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 any
time limitations as provided by Ordinance.
B. 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 struc-
ture have been completed and accepted by the City. No build-
ing permits shall be issued for any structure located in
excess of six hundred sixty feet (660') from a single point of
access.
-2-
C. 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 determines that any water
lines, sanitary sewer lines, storm sewer facilities and/or
streets shown on the utility plans are required to provide
service or access to other areas of the City, those utilities
shall be installed within the time determined by the City
Engineer as referred to under "Special Conditions" in this
document.
D. 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 municipal
facilities necessary to serve the lands within the develop-
ment.
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 indivi-
dual lot service lines leading in and from the main to the
property line.
F. The installation of all utilities shown on the utility draw-
ings shall be inspected by the Engineering Division of the
City and shall be subject to such department's approval.
-3-
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.
G. All storm sewer facilities shall be so designed and con -
strutted as to protect the downstream properties and to
adequately serve the property to be developed (and other lands
as may be required, if any). The developer hereby agrees to
indemnify and hold the City harmless from any and all claims
that might arise, directly or indirectly, as a result of the
discharge of storm drainage or seepage waters from the devel-
opment in a manner or quantity different from that which was
historically discharged.
H. The Developer shall pay storm drainage basin fees in accor-
dance 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
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 con-
-4-
structed 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 improve-
ments and approval of the construction by the City.
I. 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 construc-
tion.
2. Special Conditions.
A. Water lines (oversizing, payback, etc.).
Not Applicable.
B. Sanitary sewer (oversizing, payback, etc.).
Not Applicable.
C. Storm drainage lines and appurtenances (detention pond con-
struction, off -site mains, etc.).
Not Applicable.
D. Streets (oversizing, traffic lights, signs, etc.).
Not Applicable.
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 Engi-
neer in accordance with the City's "Work Area Traffic Control
-5-
Handbook" and shall not remove said safety devices until the
construction has been approved by the director.
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.
Fie further agrees to maintain the finished street surfaces
free from dirt caused by his operation. Any excessive ac-
cumulation or dirt and/or construction materials shall be
considered sufficient cause for the City to withhold building
permits and/or certificates of occupancy until 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 his expense and he 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 buil-
ding permits and certificates of occupancy as it deems neces-
sary to ensure performance hereof.
F. This Agreement shall be binding upon the parties hereto, their
successors, grantees, heirs, personal representatives, and
assigns and shall be deemed to run with the real property
above described.
G. 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.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
Ci ty Manager
a
-7-
ATTEST:
City C 1erk ` U
APPROVED:
� �l raj
Director— o� a is
City Attorney
ARENA ASSOCIATES, Ltd.
BY: E. E. MITCHELL & Co
General Partner
dent��
Pre
ATTEST:
(TSecretary
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 be installed out of sequence.
Not Applicable.
C. 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 determines that any water
lines, sanitary sewer lines, storm sewer facilities and/or
streets shown on the utility plans are required to provide
service or access to other areas of the City, those utilities
shall be installed within the time determined by the City
Engineer as referred to under "Special Conditions" in this
document.
D. 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 municipal
facilities necessary to serve the lands within the develop-
ment.
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 indivi-
dual lot service lines leading in and from the main to the
property line.
F. The installation of all utilities shown on the utility draw-
ings shall be inspected by the Engineering Division of the
City and shall be subject to such department's approval.
IM
rvnrnTT 11nu
The Development Agreement for The Arena P.U.D, Phase III.
This exhibit does not apply to this development.
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM DESCRIPTION
I. Storm sewer, manholes, end sections, etc.
Sub -Total
2. Channel excavation, detention pond
excavation and riprap
(a)
(b)
(c)
TY UNIT COST TOTAL COST
$
$
Ea.
Ea.
$
Ea.
Ea.
$
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. $
Sub -Total $
EXHIBIT B - Page 2
ITEM DESCRIPTION
3. Right-of-way & easement acquisition
(a)
(b)
Sub -Total
4. Professional Design
(a)
5. Other
ITY UNIT COST TOTAL COST
S.F.
$
/S.F.
$
Ac.
$
/Ac.
$
Lump Sum $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
T
Prepared by: Title:
Address:
DEVELOPMENT AGREEMENT
{l /
THIS AGREEMENT, made and entered into this day of 1ttWl)' l
199,c- by and between the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as the "City"; and
FOOTHILLS LANDS, 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, (hereafter
referred to as the "Property") and legally described as follows, to
wit:
ARENA OFFICE PARK P.U.D., being a portion of Lots 1,2, and 3
of the Strachan Subdivision, 3rd Filing located in the
Southwest 1/4 of Section 25, Township 7 North, Range 69 West
of the 6th P.M., City of Fort Collins, County of Larimer,
State of Colorado.
WHEREAS, the Developer desires to develop the 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 Engineering and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City
utility plans for the Property, 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 the Property 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 construction of utilities and other municipal improvements
in connection with the Property.
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:
I. General Conditions
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the Property. 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
specification~ of the City on file in the office of the Director of
Engineering a' the time of approval of the utility plans relating
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 lines and streets (including
curb, gutter and sidewalk and pavement with at least the base
course completed) serving such structure have been completed and
accepted by the City. Notwithstanding the foregoing, the Developer
shall be entitled to receive a footing and foundation permit for
the construction of improvements within the development upon the
installation of access to provide fire protection and other
emergency services to the site during construction. Adequate water
lines and fire hydrants shall be installed prior to the Developer
being allowed to place combustible materials on the site. All such
access (temporary or permanent) completed prior to footing and
foundation permit and water lines and fire hydrants (temporary or
permanent) completed prior to the placement of combustible material
on the site shall be accepted by the Director of Engineering. No
building permits shall be issued for any structure located in
excess of nine hundred feet (9001) 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 drainage facilities
2
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 drainage facilities and appurtenances, and all streets,
curbs, gutters, sidewalks, bikeways and other public improvements
required by this development as shown on the plat, site, landscape
and utility plans, and other approved documents pertaining to this
development on file with the City.
F. Street improvements (except curbs, gutters 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
plans shall be inspected by the Engineering Department of the City
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 specifications
applicable to such installation. In case of conflict, the utility
plans shall supersede 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 (and
other lands as may be required, if any). The Developer shall meet
or exceed the 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 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 that
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
3
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 VII of the City Code. Storm
drainage improvements eligible for credit or City repayment under
the provisions of Chapter 26 are described together with 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 II.C, Special Conditions, Storm
Drainage Liner and Appurtenances, for specific instructions.
J. The Developer shall provide the Director of Engineering
with certified Record Plan Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the construction.
K. The Developer specifically represents that to the best of
its knowledge all portions of the Property dedicated to the City
associated with this development are in compliance with all
environmental protection and anti -pollution laws, rules,
regulations, orders or requirements, including solid waste
requirements, as defined by the U. S. Environmental Protection
Agency Regulations at 40 C.F.R., Part 261, and that such portions
of the Property as are dedicated to the City pursuant to this
development, are in compliance with all such requirements
pertaining to the disposal or existence in or on such dedicated
property of any hazardous substances, pollutants or contaminants,
as defined by the Comprehensive Environmental Response Compensation
and Liability Act of 1980, as amended, and regulations promulgated
thereunder. The Developer does hereby indemnify and hold harmless
the City from any liability whatsoever that may be imposed upon the
City by any governmental authority, pertaining to the disposal of
hazardous substances, pollutants or contaminants, and cleanup
necessitated by leaking underground storage tanks, excavation
and/or backfill of hazardous substances, pollutants or
contaminants, or environmental cleanup responsibilities of any
nature whatsoever on, of or related to any property dedicated to
the City pursuant to this development. The Developer further
agrees to indemnify and hold harmless the City from any claims or
actions based directly, indirectly or in any manner on any of the
aforementioned environmental risks brought against the City by
third parties arising as a result of the dedication of portions of
the Property to the City pursuant to this development. Said
indemnification shall not extend to claims, actions or other
liability arising as a result of any hazardous substance, pollutant
or contaminant generated or deposited by the City, its agents or
representatives, upon portions of the Property dedicated to the
City pursuant to this development.
4
II. Special Conditions
A. Water Lines
Not Applicable
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and
off -site storm drainage improvements for Building 1, as shown on
the approved utility plans, shall be completed by the Developer in
accordance with the approved plans prior to the issuance of any
certificate of occupancy for Building 1. The Developer and the City
agree that all on -site and off -site storm drainage improvements for
Building 2, as shown on the approved utility plans, shall be
completed by the Developer in accordance with the approved plans
prior to the issuance of any certificate of occupancy for Building
2. The Developer and the City agree that all on -site and off -site
storm drainage improvements for Building 3, as shown on the
approved utility plans, shall be completed in accordance with the
approved plans prior to the issuance of any certificate of
occupancy for Building 3. The Developer and the City agree that
all on -site and off -site storm drainage improvements for Building
4, as shown on the approved utility plans, shall be completed in
accordance with the approved plans prior to the issuance of any
certificate of occupancy for Building 4. The Developer and the
City agree that all on -site and off -site storm drainage
improvements for Building 5, as shown on the approved utility
plans, shall be completed in accordance with the approved plans
prior to the issuance of any certificate of occupancy for Building
5. Completion of improvements shall include the certification by
a licensed professional engineer that the drainage facilities which
serve this development have been constructed in conformance with
said approved plans. Said certification shall be submitted to the
City at least: two weeks prior to the date of issuance for any
certificate of occupancy.
2. The Developer agrees to provide and maintain erosion
control imprcvements as shown on the approved utility plans to
stabilize all over -lot grading in and adjacent to this development.
The Developer shall also be required to post a security deposit in
the amount of $2,890.00 prior to beginning construction to
guarantee the proper installation and maintenance of the erosion
control measures shown on the approved Plan. Said security deposit
shall be made in accordance with the criteria set forth in the
Storm Drainage Design Criteria and Construction Standards
(Criteria). If, at any time, the Developer fails to abide by the
provisions of the approved utility plans or the Criteria, the City
I
may enter upon the Property for the purposes of making such
improvements and undertaking such activities as may be necessary to
ensure that the provisions of said plans and the Criteria are
properly enforced. The City may apply such portion of the security
deposit as may be necessary to pay all costs incurred by the City
in undertaking the administration, construction, and/or
installation of the erosion control measures required by said plans
and the Criteria.
3. The Developer shall be required to reseed any area
within the Property which has been disturbed and/or stripped of
vegetation before any temporary erosion control measures are
allowed to be removed. Prior to commencing development activity on
Building 1, as shown on the approved utility plans, the Developer
shall submit a separate erosion control plan for Building 1 to the
City Stormwater Utility for review and approval. Prior to
commencing development activity on Building 2, as shown on the
approved utility plans, the Developer shall submit a separate
erosion control plan for Building 2 to the City Stormwater Utility
for review and approval. Prior to commencing development activity
on Building 3, as shown on the approved utility plans, the
Developer shall submit a separate erosion control plan for Building
3 to the City Stormwater Utility for review and approval. Prior to
commencing development activity on Building 4, as shown on the
approved utility plans, the Developer shall submit a separate
erosion control plan for Building 4 to the City Stormwater Utility
for review and approval. Prior to commencing development activity
on Building 5, as shown on the approved utility plans, the
Developer shall submit a separate erosion control plan for Building
5 to the City Storm Water Utility for review and approval.
D. Streets
1. The Developer and the City agree that no street
oversizing reimbursement is due the Developer for this development.
E. Hazards and Emergency Access.
1. No combustible material will be allowed on the site
until a permanent water system is installed by the Developer and
approved by the City.
2. Prior to beginning any building construction, the
Developer shall provide and maintain at all times an accessway to
said building or buildings. Such accessway shall be adequate to
handle any emergency vehicles or equipment, and the accessway shall
be kept open during all phases of construction. Prior to the City
allowing combustible material on the site (other than forming
material for concrete footings, foundations and/or concrete walls)
such accessway shall be improved to a width of at least 20 feet
with 4 inches of aggregate base course material compacted according
to City Standards and with an 80 foot diameter turnaround at the
3
building end of said accessway. The turnaround is not required if
an exit point is provided at the end of the accessway.
3. The issuance of any building permit by the City is
made solely at the Developer's own risk and the Developer shall
hold the City harmless 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.
III. Miscellaneous
A. The Developer agrees to provide and install, at its
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 City's "Work Area Traffic
Control Handbook" and shall not remove said safety devices until
the construction has been completed and 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 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
so that they are free from dirt caused by the Developer's
operation. Any excessive accumulation of dirt and/or construction
materials shall he considered sufficient cause for the City to
withhold building permits and/or certificates of occupancy until
the problem is corrected 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 agrees that it will require its
subcontractors to 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. 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 any
replat as 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.
7
E. 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.
F. 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.
G. 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.
H. This Agreement shall run with the Property and shall be
binding upon the parties hereto, their personal representatives,
heirs, successors, grantees and assigns. It is agreed that all
improvements required pursuant to this Agreement touch and concern
the Property regardless of whether such improvements are located on
the Property. 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 Property, as well as any assignment of
the Developer's rights to develop the Property under the terms and
conditions of this Agreement.
I. In the event the Developer transfers title to the Property
and is thereby divested of all equitable and legal interest in the
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 succeeding
property owner shall be bound by the terms of this Agreement.
J. Each and every term of this Agreement shall be deemed to
be a material element hereof. In the event that either party shall
fail to perform according to the terms of this Agreement, such
party may be declared in default. In the event that a party has
been declared in default hereof, such defaulting party shall be
given written notice specifying such default and 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.
K. In the event of 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
0
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.
G. All storm sewer facilities shall be so designed and con -
strutted as to protect the downstream properties and to
-adequately serve the property to be developed (and other lands
as may be required, if any). The developer hereby agrees to
indemnify and hold the City harmless from any and all claims
that might arise, directly or indirectly, as a result of the
discharge of storm drainage or seepage waters from the devel-
opment in a manner or quantity different from that which was
historically discharged.
H. 'The Developer shall pay storm drainage basin fees in accor-
dance 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
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
improvenents. 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 con-
M
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 III.D of this Agreement.
L. This Agreement shall not be construed as or deemed to be
an agreement for the benefit of any third party or parties, and no
third party or parties shall have any right of action hereunder for
any cause whatsoever.
AT EST:
1 �
CITY CLERK
APPROVED AS TO CONTENT:
f��l�-z_,z6z;c
Director of Engineer r'
APPROV AS TO FORM:
City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
QBy: Y.
City Manager
DEVELOPER:
FOOTHILLS LANDS, LTD. a Colorado
limited partnership
By: RG ,LIMITED LIABILITY COMPANY,
a COlorado,limited liability
mlbany, me a Partner
By: "jar
David Sitz
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. Schedule of storm drainage improvements to be installed out
of sequence.
Not Applicable.
plus
EXHIBIT "B"
NOT APPLICABLE
11
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 2ig�day of
A.D. 1983, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and ROUSH-MITCHELL
VENTURE AND ARENA ASSOCIATES, Limited, a joint venture, hereinafter
referred to as "the Developer,"
WITNESSETH:
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:
The Marriott P.U.D. , being The Arena P.U.D. , Phase 4,
located in the S.W. 1/4 of Section 31, Township 7
North, Range 69 West of the 6th Principal Meridian,
City of Fort Collins, County of Larimer, State of
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
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 premises and the terms and
conditions acknowledged by the parties hereto, it is agreed as follows:
1. General Conditions.
A. Al 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 standard 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 any
time limitations as provided by Ordinance.
B. 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 struc-
ture have been completed and accepted by the City. No build-
ing permits shall be issued for any structure located in
excess of six hundred sixty feet (660') from a single point of
access.
-2-
C. 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 determines that any water
lines, sanitary sewer lines, storm sewer facilities and/or
streets shown on the utility plans are required to provide
service or access to other areas of the City, those utilities
shall be installed within the time determined by the City
Engineer as referred to under "Special Conditions" in this
document.
D. 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 municipal
facilities necessary to serve the lands within the develop-
ment.
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 indivi-
dual lot service lines leading in and from the main to the
property line.
F. The installation of all utilities shown on the utility draw-
ings shall be inspected by the Engineering Division of the
City and shall be subject to such department's approval.
-3-
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.
G. All storm sewer facilities shall be so designed and con-
structed as to protect the downstream properties and to
adequately serve the property to be developed (and other lands
as may be required, if any). The developer hereby agrees to
indemnify and hold the City harmless from any and all claims
that might arise, directly or indirectly, as a result of the
discharge of storm drainage or seepage waters from the devel-
opment in a manner or quantity different from that which was
historically discharged.
H. The Developer shall pay storm drainage basin fees in accor-
dance 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
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 con-
-4-
st.ructed 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 improve-
ments and approval of the construction by the City.
I. 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 construc-
tion.
2. Special Conditions.
A. Water lines (oversizing, payback, etc.).
Not Applicable.
B. Sanitary sewer (oversizing, payback, etc.).
Not Applicable.
C. Storm drainage lines and appurtenances (detention pond con-
struction, off -site mains, etc.).
Storm drainage facilities must be completed (including the
portion under the proposed expansion to 1979 Uniform Plumbing
Code Standards) prior to issuance of a certificate of occu-
pancy. The Developer agrees to maintain that portion of the
storm drainage line which lies within the building envelope.
D. Streets (oversizing, traffic lights, signs, etc.).
Not Applicable.
3. Miscellaneous.
A. The Developer agrees to provide and install, at his expense,
adequate barricades, warning signs and similar safety devices
atall construction sites within the public right-of-way
and/or other areas as deemed necessary by the City Engi-
neer in accordance with the City's "Work Area Traffic Control
-5-
Handbook" and shall not remove said safety devices until the
construction has been approved by the director.
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.
He further agrees to maintain the finished street surfaces
free from dirt caused by his operation. Any excessive ac-
cumulation or dirt and/or construction materials shall be
considered sufficient cause for the City to withhold building
permits and/or certificates of occupancy until 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 his expense and he 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
10
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 buil-
ding permits and certificates of occupancy as it deems neces-
sary to ensure performance hereof.
F. This Agreement shall be binding upon the parties hereto, their
successors, grantees, heirs, personal representatives, and
assigns and shall be deemed to run with the real property
above described.
G. 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.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By ---
City a�nage
cje'A
-7-
structed 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 improve-
ments and approval of the construction by the City.
I. 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 construc-
tion.
2. Special Conditions.
A. (dater lines (oversizing, payback, etc.).
No certificate of occupancy will be issued until the water
main is constructed and approved by the City Engineer.
B. Sanitary sewer (oversizing, payback, etc.).
No certificate of occupancy will be issued until the sewer
main is constructed and approved by the City Engineer.
C. Storm drainage lines and appurtenances (detention pond con-
struction, off -site mains, etc.).
No certificate of occupancy will be released until all storm
drainage facilities are constructed and approved by the City
Engineer.
D. Streets (oversizing, traffic lights, signs, etc.).
Not Applicable.
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 puhlir_ right-of-4ay
ATTEST: \
City Clerk /
APPROVED:
Di�'or Of Public Wor
City Attorney
ROUSH-MITCHELL VENTURE
f� g. 2_-z
R. D. Roush, Managing Partner
ARENA ASSOCIATES LTD.
E. E. Mitchell & Co., General Partner
BY:
A. Chamberlain, President
ATTEST:
.Jack Shirey, Secretary /
r
cvurorr nnn
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 Applicabe.
4. Storm drainage improvements to be installed out of sequence.
See Paragraph 2 c. page 5.
EXHIBIT "B"
The Development Agreement for The Marriott, P.U.D.
This exhibit does not apply to this Development.
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST
1. Storm sewer, manholes, end sections, etc.
2.
Sub -Total
Channel excavation, detention pond
excavation and riprap
Sub -Total
L.f.
/L.f. $
L.f.
/L.f. $
Ea. _
_ _ Ea. $
Ea.
Ea. $
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. $
EXHIBIT B - Page 2
ITEM DESCRIPTION
4.
(a)
Right-of-way & easement acquisition
Sub -Total
Professional Design
Other
ITY UNIT COST TOTAL COST
S.F.
$
/S.F. $
Ac.
$
/Ac. $
Lump Sum $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
Prepared by:
Address:
Title:
a
SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this 'i,'__ day of lam_
A.D. 1980, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and ARENA ASSOCIATES, a
Limited Partnership, by E.E. MITCHELL & CO., General Partner, hereinafter
referred to as "the Developer,"
WITNESSETH:
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:
Strachan Subdivision, Third Filing, Being a Replat of
part of Lot 2, Strachan Subdivision, First Filing, and
a part of the Southwest 1/4 of Section 25, Township 7
North, Range 69 West of the Sixth P.M., City of Fort
Collins, County of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop said property as a com-
mercial subdivision and has submitted to the City a subdivision plat (and
a site plan if said property is to be developed as a Planned Unit Develop-
ment), a copy of which is on file in the Office of the Director of Engi-
neering Services 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 Services and made a part hereof by reference;
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 site plan
where applicable) 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 premises and the terms and
conditions acknowledged by the parties hereto, it is agreed as follows:
1. General Conditions.
A. 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 standard specifications
of the City on file in the Office of the Director of Engineer-
ing Services relating to the specific utility.
B. No building permit for the construction of any structure
within the subdivision shall be issued by the City until the
water lines, fire hydrants, sanitary sewer and streets
(with at least the base course completed) then serving such
structure have been completed and accepted by the City. In
the event that a building is served by a single point of
access, no building permit shall be issued for any such
structure located in excess of six hundred sixty feet (660')
from said point of access.
C. Any water lines, sanitary sewer lines, storm drainage lines,
and/or streets described on Exhibit "A", attached hereto,
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shall be installed within the time and/or sequence required on
Exhibit "A". If the Director of Engineering Services deter-
mines that any water lines, sanitary sewer lines, storm sewer
facilities and/or streets shown on the utility plans are
required to provide service or access to other areas of the
City, those utilities shall be installed within the time
determined by the Director as referred to under "Special
Conditions" in this document.
D. All electric lines and facilities shall be installed in
accordance with the Electric Service Rules and Regulations,
'the Electric Construction Policies, Practices and Procedures,
and specifications of the City of Fort Collins' electric
utility.
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 municipal
facilities necessary to serve the lands within the subdivi-
sion.
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 indivi-
dual lot service lines leading in and from the main to the
property line.
G. The installation of all utilities shown on the utility draw-
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ings shall be inspected by the Engineering Division of the
City and shall be subject to such department's approval.
groval. 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. The Developer shall provide the Director of Engineering
Services 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 (oversizing, payback, etc.). The Developer shall
repay the City for oversizing of the 20" main being presently
installed in Horsetooth. This cost shall be based on one-half
the cost of the construction of a 12" main, inflated to cost
at time of payment. This cost shall be due on or before July
15, 1981.
B. Sanitary sewer (oversizing, payback, etc.). Not applicable.
C. Storm drainage lines and appurtenances (detention pond con-
struction, off -site mains, etc.). Refer to Exhibit "A",
paragraph 4.
D. Streets (oversizing, traffic lights, signs, etc.). The City
shall repay the Developer for construction of Horsetooth Road
and J.F.K. Parkway to arterial standards and Stanford Road to
ME
collector standards in lieu of local street standards in
accordance with Ordinance 99-6(F).
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 Services 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.
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. He shall remove such rubbish no less than
weekly and, at the completion of his work, shall remove all
waste materials, rubbish, tools, construction equipment,
machinery, and surplus materials from the public right-of-way
caused by his operation. The Developer agrees to maintain the
finished street surfaces free from dirt caused by his opera-
tion. Any excessive accumulation or dirt and/or construction
materials shall be considered sufficient cause for the City to
withhold building permits and/or certificates of occupancy
until corrected to the satisfaction of the Director of Engi-
neering Services. In the event that the Developer fails to
adequately clean the streets within two (2) days after written
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notice, the City may have the street cleaned and charge the
Developer for said costs of cleaning.
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
and/or other areas as deemed necessary by the Director of
Engineering Services 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.
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. This Agreement shall be binding upon the parties hereto, their
successors, heirs, personal representatives, and assigns.
F. Nothing herein contained shall be construed as a waiver of any
requirements of the City Subdivision Ordinance or any other
provision of the City Code, and the Developer agrees to comply
and/or other areas as deemed necessary by the City Engi-
neer 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.
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.
Fie further agrees to maintain the finished street surfaces
free from dirt caused by his operation. Any excessive ac-
cumulation or dirt and/or construction materials shall be
considered sufficient cause for the City to withhold building
permits and/or certificates of occupancy until 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 his expense and he 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
Ito the public health and welfare.
with all requirements of the same.
ATTEST:
City Clerk
ATTESJi
ack A. Shirey, Secr tary
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
City tanager
ARENA ASSOCIATES,
a Limited Partnership
By:E.E. MITCHELL & CO.,
General Partner,
By•�
Eugene Mitchell, President
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EXHIBIT "A"
Schedule of water lines to be installed out of sequence.
All water lines that extend throughout the interior of the site shall
be submitted and approved by the City Engineering Division before
commencing with construction.
Schedule of sanitary sewer lines to be installed out of sequence.
All sewer lines that extend throughout the interior of the site shall
be submitted and approved by the City Engineering Division before
commencing with construction.
Schedule of street improvements to be installed out of sequence.
Horsetooth Road shall be constructed by November 1, 1982. John F.
Kennedy Parkway shall be constructed by November, 1984. The sidewalk
along Monroe Drive and Stanford Road shall be constructed simultaneous
with any development adjacent to these streets but in no case later
than November 1, 1984. Developer shall construct the entire reach of
Horsetooth Road adjacent to this filing (to the extent not presently
constructed) at its full width, with repayment for all oversizing and
for the south half of said road by the City to follow from street
oversizing funds upon submission of invoices by the Developer and upon
prompt verification of said costs by the City. Said repayment shall be
made within forty-five (45) days of verification. Developer shall
construct Stanford Road in full and oversizing repayment will be based
upon a 36' local street.
4. Storm drainage improvements to be installed out of sequence.
The drainage facilities at the corner of Stanford Road and Horsetooth
Road shall be improved upon construction of either street. All other
drainage facilities shall be constructed when needed to serve the
portion of the site being developed. If the cost of major storm
drainage facilities exceeds that which the Developer would appropriate-
ly incur pursuant to the applicable basin fee, the City may share in
such excess cost after collection of said basin fees and verification
of general benefit of said facilities to the basin, and upon written
application of the Developer, and approval by the City. It is under-
stood that there is no detention on site and for that reason any
general benefits to the basin, if any, may be reduced.
STRACHAN SUBDIVISION - THIRD FILING
ADDENDUM NO. 1
The Subdivision Agreement between THE CITY OF FORT COLLINS, COLORADO,
and ARENA ASSOCIATES, a Limited Partnership, dated November 10, 1980, is
hereby amended as follows:
1. Paragraph 2 of said Subdivision Agreement is hereby amended by the
addition of the following Section E:
E. Pedestrian Structures. The City shall allow the
developer to but d a pedestrian overpass or under-
pass across J.F.K. Parkway. Drawings of any such
structure shall be submitted for approval to the
City staff, and no construction on such overpass or
underpass shall commence until the City has approved
the plans and drawings for said structure.
2. Paragraph 3 of Exhibit "A" of said Subdivision Agreement is
amended to provide as follows:
Schedule of Street Improvements to be Installed Out
of equence:
Horsetooth Road shall be constructed by November 1,
1.982. J.F.K. Parkway shall be constructed by
November, 1984. The sidewalk along Monroe Drive
shall be constructed simultaneous with any develop-
ment adjacent to this street, but in no case later
l:han November 1, 1984. The sidewalk along Stanford
Road shall be fully installed before issuance of the
Certificate of Occupancy for the building located at
l:he northwest corner of Stanford Road and Horsetooth
Road. The developer shall construct the entire
reach of Horsetooth Road adjacent to this filing (to
the extent not presently constructed) at its full
width with repayment for all oversizing and for the
south half of said road by the City from street
oversizing funds upon submission of invoices by the
developer and upon prompt verification of said costs
by the City. Said repayment shall be made within 45
clays of verification. Developer shall construct
Stanford Road in full and oversizing repayment will
be based upon a 36-foot local street. Said improve-
ments to Horsetooth Road shall be fully completed
upon the construction of the hotel shown on the
Preliminary plan approved by City Council on April
1.5, 1980, or upon the issuance of more than three
permanent Certificates of Occupancy for this filing.
The developer agrees to construct, prior to the
-issuance of the Certificate of Occupancy for the
building on the northwest corner of Stanford and
Horsetooth Roads, a temporary street facility
satisfactory to the Traffic Engineer, to solve the
alignment problem of J.F.K. Parkway at its intersec-
tion with Horsetooth Road. Finally, the developer
agrees to support and encourage a bonded improvement
district for the construction of Horsetooth Road
from College Avenue to Stover Street if the City
deems such district appropriate.
3. Paragraph 2 of said Subdivision agreement is hereby amended by the
addition of the following to Section A:
The City shall repay the Developer for the oversizing
of the water line in Stanford from the material needed
to construct an 8" line to the material needed to
construct a 12" line.
DATED this day of March, 1981.
ATTEST:
ity Clerk
APPROVED:
I"
THE CITY.OF FORT COLLINS, COLORADO
A Muni'cipl Corporatiop
Bye_�--
Ci`Ty Manager i
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ATTEST:
-Tack A. hirey,, Se�ry
ARENA ASSOCIATES,
A Limited Partnership
By: E.E. MITCHELL & COMPANY,
General Partner
By
Euge ee. Mi--'tche7T, President
-3-
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 buil-
cling permits and certificates of occupancy as it deems neces-
sary to ensure performance hereof.
F. This Agreement shall be binding upon the parties hereto, their
successors, grantees, heirs, personal representatives, and
assigns and shall be deemed to run with the real property
above described.
G. 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.
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,ATTEST:
� ic'
,c City Cleh
APPROVED:
Dire for of Public I S C
ity Attorney
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
� r
r Ci ty,,M nager —T
ARENA ASSOCIATES, LTD.
BY: E. E. MITCHELL AND CO.,
General Partner
re i ent
i
ATTEST:�� G
Secretary - -
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 be installed out of sequence.
Final construction of the parking lot detention pond will occur prior
to the release of the certificate of occupancy for buildings in
envelopes five (5) or six (6) of the approved preliminary site plan of
The Arena P.U.D.