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HomeMy WebLinkAboutPOUDRE VALLEY MEMORIAL HOSPITAL ADDITION - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-27DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 27th day of August, A.D. 1984, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City", and THE POUDRE VALLEY HOSPITAL DISTRICT, a political subdivision of the State of Colorado, hereinafter referred to as "the Developer". WITNESSETH: WHEREAS, the Developer is the owner of certain prop- erty situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: Poudre Valley Hospital, a P.U.D., located in the Southwest Quarter of Section 18, Township 7 North, Range 68 West of the Sixth P.M., City of Fort Collins, Larimer County, Colorado. WHEREAS, the Developer desires to develop said prop- erty 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 ser- vices from the City in order to serve such area and will fur- ther require the installation of certain improvements primarily EXHIBIT "B" The Development Agreement for ^oudre Valley Hospital. This exhibit does not apply to this development. COST ESTIMATE FOR MAJOR DRAINAGE IMPROVErENTS Include only those major storm drainage basin improvements required by an adopted basin master plan. ITEM DESCRIPTION QUANTITY UNIT COST I. Storm sewer, manholes, end sections, etc. TOTAL CM (a) L.f. /L.f. S (b) L.f. /L.f. S (c) Ea. Ea. S (d) Ea. Ea. S Sub -Total 2. Channel excavation, detention pond excavation and riprap S C.Y. $ /C.Y. S C.Y. S /C.Y. S C.Y. S /C.Y. S Sub -Total $ EXMB IT Q - Page 2 I E'11 DESCRIPTION 3. Right-of-way & easement acquisition (a) (b) Sub -Total 4. Professional Design (a) 5. Other TITY UNIT COST TOTAL COS S.F. S /S.F. S Ac. S /Ac. S 5 Lump Sum $ Total estimated cost of Storm Drainage improvements eligible for credit or City repayment S Prepared by: Title: Address: XATRT'P "("' AGREEMENrP IN LIEU OF DRAINAGE EASEMENT DEDICATION The Poudre Valley Hospital District, operating the Poudre Valley Hospital, agrees with the City of Fort Collins that it will construct and maintain drainage facilities and detention ponds as now designed in connection with the new addition to the Hospital or the Hospital will construct and maintain a su:Ltable substitute if there are changes in the future. The Hospital property is located in the SW 1/4 of Section 18, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado. Witness our hands and seals this 23rd day of August, 1984. THE POUDREVVALLEY HOSPITAL DISTRICT By nther H. Seligmann ssociate Administrator State of Colorado ) ) ss. County of Lariimer ) The foregoing instrument was acknowledged before me this 23rd day of August, 1984, by Gunther H. Seligmann, Associate Administrator of The Poudre Valley Hospital District. Notary Public - My notarial commission expires: My business address is: of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, the City has approved the subdivision plat and/or site plan submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the promises 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 bike paths shall be installed as shown on the approved utility plans and in full compliance with the Council -approved standard speci- fications of the City on file in the office of the City Engineer at the time of construction of the utility plans relating to the specific utility, sub- ject to any time limitations as provided by Ordi- nance. B. No building permit for the construction of any struc- ture 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 com- pleted) serving such structure have been completed and accepted by the City. No building permits shall be issued for any structure located in excess of six - 2 - hundred sixty feet (660') from a single point of access. 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 deter- mined 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 appur- tenances, and all streets, curbing, gutter, side- walks, bikeways and other municipal facilities neces- sary to serve the lands within the development. 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. F. The installation of all utilities shown on the utility drawings shall be inspected by the Engineer- ing Division of the City and shall be subject to such Department's approval. The Developer agrees to cor- rect any deficiencies in such installations in order to meet the requirements of the plans and/or - 3 - specifications applicable to such installation. In case of conflict, the utility drawings shall super - cede the standard specifications. G. All storm drainage facilities shall be so designed and constructed by the Developer as to protect down- stream and adjacent properties against injury and to adequately serve the property to be developed (and other lands as may be required, if any). The Devel- oper has met or exceeded minimum requirements for storm drainage facilities as have been established by the City in its Drainage Master Plans and Design Cri- teria. To the extent it may legally do so, 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 any legal rights Developer may have and differ- ent from that which was historically discharged and caused by the design or construction of the storm drainage facilities, except for (1) any rights Devel- oper has to use the Emigh lateral; (2) 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; (3) 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 (4) 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 - 4 - 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, subsequent purchasers of property in the development and downstream and adjacent property owners, all of whom shall be third party beneficiaries of said agreement between the Developer and Engineer. H. The Developer shall pay storm drainage basin fees in accordance with Chapter 93 of the City Code. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 93 are described together with the estimated cost of the improvements on the attached Exhibit "B" which improvements shall include right of way, design and construction costs. The basin fee payable by the Developer shall be reduced by the estimated cost of said eligible improvements. Upon completion of such eligible improvements, the amount of such reduction shall be adjusted to reflect the actual cost. If the cost of the eligible improvements constructed by the Developer and described in the above -mentioned exhibit exceeds the amount of the storm drainage fees payable for the development, the City shall reimburse the excess cost out of the Storm Drainage fund upon completion of the improvements and approval of the construction by the City. 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 construction. - 5 - 2. Special Conditions A. Storm drainage lines and appurtenances: All storm drainage facilities shall be completed prior to the release of the Certificate of Occupancy pursuant to the terms of the Agreement in Lieu of Drainage Easement Dedication as contained in Exhibit "C" attached hereto. B. Streets: The Developer shall pay for all costs related to the installation of the traffic signal at the intersec- tion of Lemay and Robertson. 3. Miscellaneous A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and simi- lar safety devices at all construction sites within the public right-of-way and/or other areas as deemed necessary by the City Engineer in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been approved by the director. B. T]IZe 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, rub- bish, tools, construction equipment, machinery, and surplus materials from the public right-of-way. He - 6 - further agrees to maintain the finished street sur- faces free from dirt caused by his operation. Any excessive accumulation of dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certifi- cates of occupancy until corrected to the satisfac- tion of the City Engineer. If the Developer fails to adequately clean such streets within two (2) days a:Eter 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 inspec- tors by ceasing operations when winds are of suffi- cient 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 wand 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 earth- works 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 improve- ments or obligations may be shown on the original - 7 - plat, or on any replat subsequently filed by the Developer, and the City may withhold such building permits and certificates of occupancy as it deems necessary to ensure performance hereof. F. 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 lawful and appli- cable requirements of the same. THE CITY OF FORT COLLINS, COLORADO, a Municipal Corpor�f ,,ion/ i By: ATTEST: CityCityi anager City Clerk APPROVED: City Engineer / City Attorney THE POUDRE VALLEY HOSPITAL DISTRICT, a political subdivision of the State of Colorado By Ggifther Seligmann, Associate Admin4sratorq cl ` Date: Q,. '� 1/ /I f7 AVH:clp-345 - 8 - Poudre Valley Hospital August 1984 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. See paragraph 2.A.