HomeMy WebLinkAboutPROSPECT INDUSTRIAL PARK - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-28DEVELOPMENT AGREEMENT
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THIS AGREEMENT, is made and entered into this C <)r day of
2001, by and between the CITY OF FORT COLLINS, COLORADO, a Muni al
Corporation, hereinafter referred to as the "City"; and Midpoint Development, LLC, a
Colorado limited liability company, hereinafter referred to as the "Developer."
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated in the
County of Larimer, State of Colorado, (hereafter sometimes referred to as the "Property"
or "Development") and legally described as follows, to wit:
Prospect Industrial Park, Lot 32 (a.k.a. Midpoint Self Storage), located in
Section 2C, Township 7 North, Range 68 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 all plats, plans (including utility plans), reports and other documents required for the
approval of a final plan according to the City's development application submittal
requirements master list (the final development plan documents) copies of which are on
file in the office cf the City Engineer 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 final development plan documents 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 are hereby
acknowledged, it is agreed as follows:
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
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of paragraphs III (H) and (1) of this Agreement to the contrary, the obligations of the
Developer pursuant to this paragraph and Exhibit "C" may not be assigned or transferred
to any other person or entity unless the warranted improvements are completed by, and
a letter of acceptance of the warranted improvements is received from the City by, such
other person or entity.
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 City Engineer and
Traffic Engineer in accordance with the City's "Work Area Traffic Control Handbook" and
shall not remove said safety devices until the construction has been completed.
B. As required pursuant to Chapter 20, Article IV of the City Code, the
Developer shall, at all times, keep the public right-of-way free from accumulation of waste
material, rubbish, or building materials caused by the Developer's operation, or the
activities of individual builders and/or subcontractors; shall remove such rubbish as often
as necessary, but no less than daily 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
or as a result of building activity. Any excessive accumulation of dirt and/or construction
materials shall be considered sufficient cause for the City to withhold building permits
and/or certificates of occupancy until the problem is 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 the Developer's expense
and the Developer shall be responsible for prompt payment of all such costs. The
Developer also agrees to require all contractors within the Development to keep the public
right-of-way clean and free from accumulation of dirt, rubbish, and building materials.
C. The Developer hereby agrees that it will require its contractors and
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 final development plan documents, or any documents
executed in the future that are required by the City for the approval of an amendment to
a development plan, and the City may withhold (or to the extent permitted by law, revoke)
such building permits and certificates of occupancy as it deems necessary to ensure
performance in accordance with the terms of this Development Agreement. The
processing and "routing for approval" of the various development plan documents may
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result in certain of said documents carrying dates of approval and/or execution that are
later than the date of execution of this Development Agreement or the Memorandum Of
Agreement (if any) recorded to give record notice of this Agreement. The developer
hereby waives any right to object to any such discrepancy in dates.
E. Nothing herein contained shall be construed as a waiver of any requirements
of the City Code, Land Use Code, or Transitional Land Use Regulations (as applicable)
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. All financial obligations of the City arising under this Agreement that are
payable after the current fiscal year are contingent upon funds for that purpose being
annually appropriated, budgeted and otherwise made available by the Fort Collins City
Council, in its discretion.
H. This Agreement shall run with the Property and shall be binding upon and
inure to the benefit of the parties hereto, their respective 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 legal or equitable 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 Developer shall be released
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 ten (10) 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
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said defaulting party, the defaulting party shall be liable to the non -defaulting party for the
non -defaulting pai ty'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. Except as may be otherwise expressly provided herein, 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.
A. It is expressly understood and agreed by and between the parties hereto that
this Agreement shall be governed by and its terms construed under the laws of the State
of Colorado and the City of Fort Collins, Colorado.
B. Any notice or other communication given by any party hereto to any other
party relating to this Agreement shall be hand -delivered or sent by certified mail, return
receipt requested, addressed to such other party at their respective addresses as set forth
below; and such notice or other communication shall be deemed given when so hand -
delivered or three (3) days after so mailed:
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, Co 80522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, Co 80522
If to the Developer: Chuck McNeal
4815 Hogan
Fort Collins, Colorado 80525
With a copy to: Midpoint Development, LLC
419 Canyon Avenue, Suite 300
Fort Collins, Colorado 80521
Notwithstanding the foregoing, if any party to this Agreement, or its successors, grantees
or assigns, wishes to change the person, entity or address to which notices under this
Agreement are to be sent as provided above, such party shall do so by giving the other
parties to this Agreement written notice of such change.
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O. When used in this Agreement, words of the masculine gender shall include
the feminine and neuter gender, and when the sentence so indicates, words of the neuter
gender shall refer to any gender; and words in the singular shall include the plural and vice
versa. This Agreement shall be construed according to its fair meaning, and as if prepared
by all parties hereto, and shall be deemed to be and contain the entire understanding and
agreement between the parties hereto pertaining to the matters addressed in this
Agreement. There shall be deemed to be no other terms, conditions, promises,
understandings, statements, representations, expressed or implied, concerning this
Agreement, unless set forth in writing signed by all of the parties hereto. Further,
paragraph headings used herein are for convenience of reference and shall in no way
define, limit, or prescribe the scope or intent of any provision under this Agreement.
THE CITY OF FORT COLLINS, COLORADO,
a Muni' ci I Corporation
By:
City NUnager
ATTEST:
City Clerk P� � )
APPROVED AS TO CONTENT:
City Engineer
APPR ED AS TO FORM:
Deputy City Attorney
DEVELOPER:
Midpoint Deve ery4, LLC
company A
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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.
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EXHIBIT "B"
Not Applicable
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EXHIBIT "C"
MAINTENANCE GUARANTEE:
The Developer hereby warrants and guarantees to the City, for a period of
two (2) years from the date of completion and first acceptance by the City
of the public improvements warranted hereunder, the full and complete
maintenance and repair of the public improvements constructed for this
Development. This warranty and guarantee is made in accordance with
the City of Fort Collins Land Use Code and/or the Transitional Land Use
Regulations, as applicable. This guarantee applies to the streets and all
other appurtenant structures and amenities lying within the rights -of -way,
easements and other public properties, including, without limitation, all
curbing, sidewalks, bike paths, drainage pipes, culverts, catch basins,
drainage ditches and landscaping. Any maintenance and/or repair
required on utilities shall be coordinated with the owning utility company or
city department.
The Developer shall maintain said public improvements in a manner that
will assure compliance on a consistent basis with all construction
standards, safety requirements and environmental protection
requirements of the City. The Developer shall also correct and repair, or
cause to be corrected and repaired, all damages to said public
improvements resulting from development -related or building -related
activities. In the event the Developer fails to correct any damages within
thirty (30) days after written notice thereof, then said damages may be
corrected by the City and all costs and charges billed to and paid by the
Developer. The City shall also have any other remedies available to it as
authorized by this Agreement. Any damages which occurred prior to the
end of said two (2) year period and which are unrepaired at the
termination of said period shall remain the responsibility of the Developer.
REPAIR GUARANTEE:
The Developer agrees to hold the City of Fort Collins, Colorado, harmless
for a five (5) year period, commencing upon the date of completion and
acceptance by the City of the public improvements constructed for this
Development, from any and all claims, damages, or demands arising on
account of the design and construction of public improvements of the
property shown on the approved plans and documents for this
Development; and the owner furthermore commits to make necessary
repairs to said public improvements, to include, without limitation, the
roads, streets, fills, embankments, ditches, cross pans, sub -drains,
culverts, walls and bridges within the right-of-way easements and other
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public properties, resulting from failures caused by design and/or
construction defects. This agreement to hold the City harmless includes
defects in materials and workmanship, as well as defects caused by or
consisting of settling trenches, fills or excavations.
Further, the Developer agrees that the City shall not be liable to the Developer during the
warranty period, for any claim of damages resulting from negligence in exercising
engineering techniques and due caution in the construction of cross drains, drives,
structures or buildings, the changing of courses of streams and rivers, flooding from natural
creeks and rivers, and any other matter whatsoever on private property. Any and all
monetary liability occurring under this paragraph shall be the liability of the Developer.
The obligations of the Developer pursuant to the "maintenance guarantee" and 'repair
guarantee" provisions set forth above may not be assigned or transferred to any other
person or entity unless the warranted improvements are completed by, and a letter of
acceptance of the warranted improvements is received from the City by, such other person
or entity.
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SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this S (elday
of , 1979, by and between THE CITY OF FORT
COLLINSe COLORADO, a Municipal Corporation, hereinafter
sometimes designated as "the City", and HANSEN REALTY, INC.,
hereinafter sometimes designated as "the Developer".
WITNESSETH:
WHEREAS, Developer is the owner of certain property
situate in the County of Larimer, State of Colorado and
legally described as follows, to -wit:
_rrospect Industrial Park situate in Section
hN ip 7orth ,e 68 West of the
Sixth P.M., City of Fort Collins.
WHEREAS, Developer desires to develop said property as
a commercial subdivision and has submitted to the City a
subdivision plat, a copy of which is on file in the Office
of the City Engineer and by this reference made a part
hereof; and
WHEREAS, Developer has further submitted to the City a
utility plan for said lands, a copy of which is on file in
the Office of the City Engineer and by this reference made a
part hereof; and
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WHEREAS, the parties hereto have agreed that the develop-
ment 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 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 herein stated and for other valuable
consideration, the adequacy of which is acknowledged by the
parties hereto, it is agreed as follows:
1. Municipal Facilities. Except as otherwise herein
specifically agreed, the Developer agrees to install and pay
for all utility lines, storm drainage facilities, streets
and other municipal facilities necessary to serve the lands
within the subdivision.
2. Water Lines.
A. Developer agrees to install all water lines as
shown on the utility plans in accordance with the requirements
and as shown on said plans, whether such lines are actually
on the property, bordering the property or on other lands
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activities" shall include, but not be limited to, the following: (1) the actual construction of
improvements, (2) obtaining a permit therefor, or (3) any change in grade, contour or
appearance of the 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 standards and 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 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 the passage of three (3) years from the date of
execution of this agreement, the Developer shall resubmit the utility plans to the City
Engineer for reexamination. The City may then require the Developer to comply with the
approved standards and specifications of the City on file in the office of the City Engineer
at the time of the resubmittal.
C. No building permit for the construction of any structure within the Property
shall be issued by the City until the public water lines and stubs to each lot, fire hydrants,
sanitary sewer lines and stubs to each lot, and public streets (including curb, gutter, and
pavement with at least the base course completed) serving such structure have been
completed and accepted by the City. No building permits shall be issued for any structure
located in excess of six hundred and sixty feet (660') from a single point of access, unless
the structures contain sprinkler systems that are approved by the Poudre Fire Authority.
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 City Engineer has determined that any water lines,
sanitary sewer lines, storm drainage facilities and/or streets are required to provide service
or access to other areas of the City, those facilities shall be shown on the utility plans and
shall be installed by the Developer within the time as established under "Special
Conditions" in this document.
E. Except as otherwise herein specifically agreed, the Developer agrees to
install and pay for all water, sanitary sewer, and storm drainage facilities and
appurtenances, and all streets, curbs, gutters, sidewalks, bikeways and other public
improvements required by this Development as shown on the approved final development
plan documents and other approved documents pertaining to this Development on file with
the City.
F. Street improvements 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 final development plan documents
E
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ponnecting the subject property to the existing City water
distribution system.
B. Such water lines shall be installed in full
compliancewiththe standard specifications of the City on
file in the office of the City Engineer and applicable
provisions of the City Code relating to the installation of
such lines.
C. Developer understands and agrees that no
building permit for any structure in the subdivision shall
be issued by the City until the water line and the fire
hydrant serving such structure is installed and accepted by
the City.
D. Any water lines described on Exhibit "A",
attached hereto shall be installed within the time required
on Exhibit'"A". if the City Engineer determines that any
lines shown on the utility plans are required to provide
service to other areas of the City, those lines shall be
installed within the time determined by the City Engineer.
E. All of said lines shall be installed at the
sole expense of the Developer, except to the extent otherwise
provided on Exhibit "A".
F. The installation of said line shall be inspected
by the Public Works Department of the City and shall be
subject to such department's approval. Developer agrees
to correct any deficiencies in such installation in order to
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meet the requirements of the plans and the specifications
applicable to such installation.
G. Pressure and water lines now installed and to
be installed pursuant to the utility plans is not adequate
for fire protection purposes. In order to achieve sufficient
pressure, it will be necessary to tie the end of the water
line back to the City water distribution system by loop.
Therefore, it is agreed as follows:
(i) Sufficient pressure will exist for lots
22, 23, 24 and 25 of the subdivision. Building permits can
be obtained for these lots without further requirement.
(ii) No building permits will be issued for
any other lot in the subdivision until approved by the Fort
Collins Fire Department.
3. Sanitary Sewer Collection Lines.
A. The Developer agrees to install all sanitary
sewer collection lines shown on the utility plans, whether
the same be on or off the subject property.
B. Such sanitary sewer lines shall be installed
in full compliance with the standard specifications of the
City on file in the office of the City Engineer relating to
the installation of such lines.
C. Developer understands and agrees that no
building permit shall be issued by the City for any structure
in the subdivision until the sanitary sewer line serving
such structure is installed and accepted by the City.
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D. Any sanitary sewer lines described on Exhibit
"A", attached hereto, shall be installed within the time
required on Exhibit "A". If the City Engineer determines
that any lines shown in the utility plans are required to
provide service to other areas of the City, those lines
shall be installed within the time determined by the City
Engineer.
E. All of said lines shall be installed at the
sole expense of the Developer.
F. The installation of said lines shall be inspected
by the Public Works Department of the City and subject to
such Department's approval. Developer agrees to correct
any deficiencies in such installation in order to meet the
requirements of the plans and specifications applicable to
such installation.
4. Electric Line and Facilities. The City Light and
Power Department shall install all electric distribution
lines and facilities required for the subject property, and
the Developer shall pay for such work in accordance with the
established charges of the Light and Power Department. Such
installation shall include all street lights required for
the development.
5. Storm Sewer Lines and Facilities.
A. The Developer shall install all storm sewer
lines and facilities shown on the utility plans.
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B. Such storm sewer lines and facilities shall be
installed in full compliance with the standard specifications
in the City on file in the office of the City Engineer
relating to the installation of such lines.
C. Developer agrees to complete the installation
of such storm drainage facilities prior to the issuance by
the City of more than eighteen (18) building permits and
nine (9) certificates of occupancy for structures within
this subdivision.
D. All of said lines and facilities shall be
constructed in an orderly fashion, as determined by the City
Engineer, so as to prevent damage to other utilities, streets,
curb, gutter, sidewalks, and all adjacent properties.
E. All of said facilities shall be installed at
the sole expense of Developer.
F. The installation of all of such lines and
facilities shall be inspected by the Public Works Department
of the City and shall be subject to such department's approval.
Developer agrees to correct any deficiencies in such installation
in order to meet the requirements of the plans and the
specifications applicable to such installation.
6. Streets.
A. The Developer agrees to install all streets
shown on the utility plans, complete with paving, curb,
gutter, and sidewalks.
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B. Such streets shall be installed in full compliance
with the standard specifications of the City on file in the
office of the City Engineer relating to the installation of
such streets.
C. No building permit for the construction of any
structure in the subdivision shall be issued by the City
until the street providing access to the structures is
improved with at least the gravel base required, whether
such streets are actually on the property, bordering the
property or on other lands connecting the subject property
to the existing City street system. Furthermore, no building
permit shall be issued by the City for any structure located
in excess of 660 feet from a single point of access.
D. Any streets described on Exhibit "A", attached
hereto, shall be completely installed within. the time required
on Exhibit "A". If the City Engineer determines that any
streets shown on the utility plans are required to provide
access to other areas of the City, those streets shall be
installed within the time required by the City Engineer.
E. All of said streets shall be installed at the
sole expense of the Developer, except as otherwise provided
on Exhibit "A".
F. Developer agrees to correct any deficiencies
in such installation in order to meet the requirements of
the plans and the specifications applicable to such installa-
tion.
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G. Street improvements shall not be installed
until all utility lines to be placed in the streets have
been completely installed and all services to individual
lots have been installed from main utility lines to the
property line.
H. The Developer agrees to provide and install at
his expense adequate barricades, warning signs, or other
devices on the dead ends of streets to be continued, un-
finished crossing, and other sites designated by the City
Engineer as areas requiring such measures to insure the
public safety.
7. Other Requirements.
8. Miscellaneous.
A. This agreement shall be binding upon the
parties hereto, their heirs, personal representatives and
assigns.
B. Nothing herein contained shall be construed as
a waiver of any requirements in the City Subdivision Ordinance
or any other provision of the City Code and the Developer
agrees to comply with all requirements of the same.
W-M
LVA
Cz ZA ST:
Clerk
AP OV
Dir c r of Engineering
THE CITY OF FORT COLLINS,
CWA
A Municipal Corporation
Manager
HANSEN REALTY, INC.
RATIFICATION
The parties listed on Exhibit "B" attached hereto,
being the owners of legal title to the lands comprising
Prospect Industrial Park through their attorneys -in -fact,
Robert Ditzfeld and James B. Garton, hereby ratify, confirm
and consent to the foregoing agreent ancy all of the terms
thereof. / 1 /-1
Robert Ditzfelo
in -Fact for the
listed on Exhib
t
r4lim
\r
'"d
for the parties
on Exhibit "B"
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1.
2
3
4.
EXHIBIT "A"
Schedule of water lines to be installed out of sequence.
None - see paragraph 2(G).
Schedule of sanitary sewer lines to be installed out
of sequence.
None
Schedule of street improvements to be installed out
of sequence.
Developer understands and agrees that no
certificate of occupancy shall be issued for any
structure within this subdivision prior to the
completion of all curb, gutter, side -walks and
paving shown on the utility plans on the street
providing access to that structure within the
subdivision. Those portions of the street providing
access to the structure which portions are not
located within the subdivision must have at least
28 feet wide asphalt paving installed prior to the
issuance of any certificates of occupancy for any
structure within this subdivision.
City participation.
A. Adjoining City property. Property owned
by the City adjoins the subdivision on the East. The
City therefore agrees to pay the Developer's cost of
street improvements installed on the East half of Sharp
Point Drive and one-half the Developer's cost
($10,332.50 City's share) in installing the water line
in the Sharp Point Drive right of way. Reimbursement
shall be made upon completion of installation and
approval by the City.
B. Oversize. The following lines are required
to be installed with capacity in excess of that required
to serve lots in the subdivision.
(i) 12" line installed in Sharp
Point Drive (V required for subdivision)(excess costs
for 12" line $19,180.00).
(ii) 8" line installed in Midpoint
Drive from East property line of Nor -Colo property
easterly through the balance of Centerpoint Park Sub-
division (V required for subdivision) (excess size
cost $6,315.00).
The City agrees to reimburse the Developer for the
additional cost of installing such excess size lines
($25,495.00). Such reimbursement shall be made upon
completion of the line and approval by the City.
5. In order to bring water service to the subdivision
the Developer was required to install a water line in
Midpoint Drive from the east property line of the
Nor -Colo property easterly through Centerpoint Park.
(approximately 1,793 feet) The Developer has been
reimbursed by the adjoining property owners for the
East 343 feet. The Developer's cost in installing the
remainder of such line was $19,190.00 (total cost less
City contribution). The City agrees that before any
property in Centerpoint Park or adjoining Centerpoint
Park on the South will be permitted to connect to such
water line, the City will collect a charge equal to
the Developer's costs per abutting foot of property
connected ($13.2345 per abutting foot) and pay such
collected amount to the Developer as reimbursement for
such cost. In addition to the abutting front foot
cost, the City agrees to collect an amount equal to
eight percent (8%) per year of such abutting foot cost,
which amount is intended to recognize the effects of
inflation. The City's obligation to collect such
reimbursement charge will end ten years from the date
of this agreement.unless such time is extended by
action of the City Council. The parties agree that the
City will use its best efforts to collect such reimburse-
ment charge but if the City is unable to collect such
amount, it will have no liability to the Developer on
account of such failure.
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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 final development plan documents 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,
for itself and its successor(s) in interest, 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 Property 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 written or otherwise documented directives
that may be given to the Developer by the City. The City agrees to give notice to the
Developer of any claim made against it to which this indemnity and hold harmless
agreement by the Developer could apply, and the Developer shall have the right to defend
any lawsuit based on such claim and to settle any such claim provided Developer must
obtain a complete discharge of all City liability through such settlement. Failure of the City
to give notice of any such claim to the Developer within ninety (90) days after the City first
receives a notice of such claim under the Colorado Governmental Immunity Act for the
same, shall cause this indemnity and hold harmless agreement by the Developer to not
apply to such claim and such failure shall constitute a release of this indemnity and hold
harmless agreement as to such claim. 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 Colorado licensed professional engineer to design the storm drainage
facilities as aforesaid and it is expressly affirmed hereby that such engagement shall be
intended for the benefit of the City, and subsequent purchasers of property in the
Development.
I. The Developer shall pay storm drainage basin fees in 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 the
estimated cost of the improvements on the attached Exhibit B," which improvements, if
applicable, shall include right-of-way, design and construction costs. See Section II.C,
Special Conditions, Storm Drainage Lines and Appurtenances, for specific instructions.
J. The: Developer shall provide the City Engineer with certified Record Plan
3
EXHIBIT "B"
Partner
Robert Ditzfeld .
Fort Collins, Colorado
Robert L. Hoffner . . .
Fort Collins, Colorado
Interest
an undivided thirteen percent
(13%)
. an undivided ten percent (10%)
Richard Kling . . . . . . an undivided ten percent (10%)
Fort Collins, Colorado
Ann Gentry. . . . . . . an undivided ten percent (10%)
Fort Collins, Colorado
Lester P. Stavneak. . . . . . . . an undivided ten percent (10%)
Fort Collins, Colorado
Terry G. Lenz . . . . . . an undivided ten percent (10%)
Fort Collins, Colorado
Danny J. Bailey . . . . . . . . . an undivided nine percent (9%)
Fort Collins, Colorado
George W. Betz. . . . . . . an undivided nine percent (9%)
Fort Collins, Colorado
James B. Garton . . . . . . an undivided five percent (5%)
Fort Collins, Colorado
Arthur E. March, Jr. . . . . . . an undivided five percent (5%)
Fort Collins, Colorado
Ramsey D. Myatt . . . .
Fort Collins, Colorado
Maurice O. Garton . . .
Fort Collins, Colorado
David W. Armstrong. .
Fort Collins, Colorado
. . . . an undivided five percent (5%)
. . . . an undivided two percent (2%)
. . . . . an undivided two percent (21)
..�
tp
ADDENDUM TO SUBDIVISION AGREEMENT
THIS ADDENDUM, made and entered into this 9)t4 day of (�pp'a'T"
1981, by and between THE CITY OF FORT COLLIN�'COLORADO, aunicll
u
corporation (City) and the RIVERBEND COMMITTEE (Developer), is an addendm
to that certain agreement dated April 5, 1979, between the City and Hans Realty, Inc. as Developer. en
WITNESSETH:
WHEREAS, the Developer is the owner of that property as described in
the original subdivision agreement dated April 5, 1979; and
WHEREAS, the Developer is desirous of replatting Lots 33 and 34 and
Tract "A" of said Prospect Park Subdivision, into Lots 33 through 36 as
indicated on the Replat and the utilitiy drawings filed together with this
agreement.
NOW, THEREFORE, in consideration of the covenants and the promises of
the parties as hereinafter contained, it is agreed as follows: The replat
and utility drawings as filed together with this agreement shall be subject
to all conditions, requirements and obligations as contained in that
subdivision agreement dated April 5, 1979, as above -referenced.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year first above written.
THE CjT-Y. OF FORT COLLINS, COLORADO
ATTEST: V
cry r/anager
�rle City er c_
APPROV D:
�l..�
irec o u c ores
APPROV AS TO FORM:
Assistant City ttorney
.4
`r *of
RIUERBEND COMMITTEE
Robert Ditzfeld; Robert L. Hoffner;
Richard Kling; Ann Gentry; Lester P.
Stavneak; Terry G. Lenz; Danny J.
Bailey; George W. Betz; James B.
Garton; Arthur E. March, Jr.; Ramsey D.
Myatt; Walter J. Winrow; L.W. Riddell;
Maurice 0. Garton; David W. Armctrnnn-
AMENDMENT TO SUBDIVIt>I()11 pC;li h1:M1:NT
THIS IS AN AMENDMENT to that certain Subdivision
Agreement dated April 5, 1979 between the City of Fort
Collins, Colorado, a municipal corporation (tee "City") and
Hansen Realty, Inc. (the "Developer")• The effective date of
this Amendment is December 1, 1981.
—he Subdivision
Agreement pertaining to a Subdivision named Prospect
Industrial Park (the Subdivision) in the City of Fort
Collins, Colorado.
1. The utility plans for the Subdivision require the
installation of sidewalks on the streets in the Subdivision.
The developer has expressed its opinion that sidewalks are
not necessary to serve this industrial subdivision. The City
agrees at this time that there is no need for sidewalks,
however, such sidewalks may be required in the future. In
view of this, the parties have agreed not to install
sidewalks at this time; and if sidewalks are ever required by
the City for this Subdivision, the same will be installed and
financed through a special improvement district under the
City's ordinances. In connection with lots in the
Subdivision now owned by the Developer, the Developer agrees
for itself, its successors and assicns, to participate in an
improvement district formed by the City for the purpose of
installing sidewalks in the Subdivision in the City at any
time determines that such sidewalks are required. The City
understands that the Developer does not own all of the lots
in the Subdivision.
<. All streets in the Subdivision have been paved and
curb and gutter has been installed on all such streets. The
- City required on inspection of the Subdivision, that
additional gravel be installed behind curt returns in the
Subdivision. The Developer hereby agrees to install such
additional gravel in the locations specified by the City.
Further, the Developer has agreed to lay a temporary asphalt
mat TLe-^�u^-"``.%; i_i2, feet in width on that portion of the
extension of Sharp Point Drive from the Subdivision to
Prospect Street which was graded down in the course of
installing Sharp Point Drive :n the Subdivision. Such
asphalt mat will be installed by the Developer in the Spring
of 1982. It is understood and agreed that this shall be a
temporary mat and that the obligation to install street
improvements on the extension of Sharp Point Drive beyond the
Subdivision to Prospect is the obligation of the owner of
Center Point Park Subdivision.
Dated this o$th da%, of
�%�C2 m.ber 1981.
The Developer agrees to provide rip -rap, as directed by the Ci
at the drain discharge on the east side of Sharp point Drive ty Engineer,
The Developer further agrees to install street signs opposite Lots t & 5.
further certificates of occupancy Prior to application of
HANSEN REALTY, INC.
By:
resid t
APPROVED:
CITY OF FORT COLLIN'S
i
IN,of P li rl WorksBY:
ATTEST: V
�g' ���
city Clerks E&J"",'
APPROVED AS TO
Assistant City Attorney
Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of
the construction. Utilities will not be initially accepted prior to as -built drawings being
submitted to and approved by the City of Fort Collins.
K. The Developer specifically represents that to the best of its knowledge all
portions of the Property dedicated (both in fee simple and as easements) 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, for itself and its successor(s) in interest, does hereby
indemnify and hold harmless the City from any liability whatsoever that may be imposed
upon the City by any governmental authority or any third party, 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 in connection with this Development,
provided that such damages or liability are not caused by circumstances arising entirely
after the date of acceptance by the City of the public improvements constructed on the
dedicated property, except to the extent that such circumstances are the result of acts or
omissions of the Developer. 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 in connection with this Development. The City agrees to give
notice to the Developer of any claim made against it to which this indemnity and hold
harmless agreement by the Developer could apply, and the Developer shall have the right
to defend any lawsuit based on such claim and to settle any such claim provided Developer
must obtain a complete discharge of all City liability through such settlement. Failure of the
City to give notice of any such claim to the Developer within ninety (90) days after the City
first receives a notice of such claim under the Colorado Governmental Immunity Act for the
same, shall cause this indemnity and hold harmless agreement by the Developer to not
apply to such claim and such failure shall constitute a release of this indemnity and hold
harmless agreement as to such claim.
II. Special Conditions
A. Water Lines
Not Applicable
0
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. All on -site and off -site storm drainage improvements, as shown on the
approved final development plan documents for this development, shall be completed by
the Developer in .accordance with said final development plan documents prior to the
issuance of any certificate of occupancy for the Development. Completion of improvements
shall include the certification by a professional engineer licensed in Colorado that the
drainage facilities which serve this Development have been constructed in conformance
with said final development plan documents. Said certification shall be submitted to the
City at least two weeks prior to the date of issuance any certificate of occupancy for the
Development.
2. The developer shall be responsible for maintaining the structural
integrity and operational functions of all drainage facilities throughout the build -out of this
Development. If at any time following certification (as required pursuant to paragraph one
(1) above) of said drainage facilities and during the construction of structures and/or lots
within this Development the City deems that said drainage facilities no longer comply with
the approved plans, the developer shall bring such facilities back up to the standards and
specifications as :shown on the approved plans. Failure to maintain the structural integrity
and operational function of said drainage facilities following certification shall result in the
withholding of the issuance of additional building permits and/ or certificates of occupancy
until such drainage facilities are repaired to the operational function and structural integrity
which was approved by the City.
3. The Developer agrees to provide and maintain erosion control
improvements as shown on the approved final development plan documents 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 $ 5,752.50 prior to beginning
construction to guarantee the proper installation and maintenance of the erosion control
measures shown on the approved final development plan documents. Said security
deposit(s) shall be made in accordance with the criteria set forth in the City's Storm
Drainage Design Criteria and Construction Standards (Criteria). If, at any time, the
Developer fails to abide by the provisions of the approved final development plan
documents or the Criteria, notwithstanding any provisions contained in paragraph III(J) to
the contrary, the City may enter upon the Property for the purpose 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(s) 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. In addition, the City shall have the
5
option to withhold building permits and certificates of occupancy, as stated in Paragraph
III.D of this Agreement, as it deems necessary in order to ensure that the Developer installs
and maintains the erosion control measures throughout the build -out of this Development.
4. All buildings shall be graded to drain in the configuration shown on the
approved final development plan documents. To ensure performance, the following
additional requirements shall be followed for all buildings and/or lots in this Development:
a. Prior to the issuance of a certificate of occupancy for any lot or
building the Developer shall provide the City with certification that the lot and or the building
has been graded correctly. This grading certification shall demonstrate that the lot or
building Finish Floor elevation has been built in accordance with the elevation specified on
the approved Final Development Plan documents. The certification shall show that the
minimum floor elevation or minimum opening elevation for any building constructed is in
compliance with the minimum elevation as required on the final development plan
documents. The certification shall demonstrate as well that all minor swales adjacent to
the building or on the lot have been graded correctly and in accordance with the grades
shown on the approved final development plan documents. The certification shall also
show that the elevations of all corners of the lot are in accordance with the elevations
shown on the approved final development plan documents. Said certification shall be
completed by a Colorado licensed professional engineer and shall be submitted to the City
at least two weeks prior to the date of issuance of the desired certificate of occupancy.
5. The Developer shall obtain the City's prior approval of any changes
from the approved final development plan documents in grade elevations and/or storm
drainage facility configuration that occur as a result of the construction of structures,
whether by the Developer or other parties. The City reserves the right to withhold the
issuance of building permits and certificates of occupancy for this Development until the
City has approved such changes as being acceptable for the safe and efficient delivery of
storm drainage water.
6. The Developer is obligated to maintain all on -site storm drainage
facilities not accepted for maintenance by the City and all off -site storm drainage facilities
not accepted for maintenance by the City serving this Development and outside of the
public rights -of -way.
D. Streets.
1. Subject to the conditions of this Agreement, the City agrees to
reimburse the Developer for oversizing public street improvements along Midpoint Drive
for those portions of said street abutting the Property as shown on the approved final
development plan documents. Reimbursement for Midpoint Drive shall be for oversizing
the street sidewalk from local (access) standards to collector standards. The City shall
make reimbursement to the Developer for the aforesaid oversized street improvements in
accordance with Section 24-112 of the Code of the City. The Developer agrees and
0
understands that the City shall have no obligation to make reimbursement payments for
street oversizing unless funds for such payments shall first have been budgeted and
appropriated from the Street Oversizing Fund by the City Council; and the Developer
further understands that to the extent that funds are not available for such reimbursement,
the City may not, in the absence of the Developer's agreement, require the construction,
at the Developer's expense, of any oversized portion of streets not reasonably necessary
to offset the traffic: impacts of the Development. The Developer does hereby agree to
construct the aforesaid oversized street improvements with the understanding that the
Developer may not be fully reimbursed by the City for the cost of such construction. The
Developer further agrees to accept payment in accordance with Section 24-112 (d) of the
Code of the City as full and final settlement and complete accord and satisfaction of all
obligations of the City to make reimbursements to the Developer for street oversizing
expenses. It is anticipated by the City that the City's reimbursement, in accordance with
Section 24-112 (d), would not be less than fifty percent (50%) of the Developer's actual
expenses incurred and will be calculated in accordance with the formula as set forth in
Section 24-112 (d).
2. It is understood that the improvements that are to be constructed in
the public right-of-way as described in this Section II(D) are "City improvements" (as
defined below) and, as such, any contract for the construction of the same must be
executed in writing. If the cost of such improvements exceeds the sum of Thirty Thousand
Dollars ($30,000), the contract for the construction of the same must be submitted to a
competitive bidding process resulting in an award to the lowest responsible bidder; and
evidence must be submitted to the City prior to the commencement of the work showing
that the award was given to the lowest responsible bidder. If the cost of such
improvements exceeds Fifty Thousand Dollars ($50,000), the contract for the construction
of the improvements must be insured by a performance bond or other equivalent security.
For purposes of this paragraph, the term "City improvements" shall mean either (1) existing
improvements owned by the City that are to be modified or reconstructed, or (2) any
improvements funded in whole or in part by the City.
3. The Developer is responsible for all costs for the initial installation of
traffic signing and striping for this Development related to the Development's local street
operations. In addition the Developer is responsible for all costs for traffic signing and
striping related to directing traffic access to and from the Development (e.g., all signing and
striping for a right: turn lane into the Development site).
4. Following completion of all public infrastructure improvements, the
Developer shall continue to have responsibility for maintenance and repair of said
improvements in accordance with Sections 2.2.3, 3.3.1 and 3.3.2 of the Land Use Code
of the City.
E. Ground Water, Subdrains and Water Rights
1. The City shall not be responsible for, and the Developer, for itself and its
7
successor(s) in interest, hereby agrees to indemnify and hold harmless the City against any
damages or injuries sustained in the Development as a result of ground water seepage or
flooding, structural damage, or other damage unless such damages or injuries are
proximately caused by the City's negligent operation or maintenance of its storm drainage
facilities in the Development. However, nothing herein shall be deemed a waiver by the
City of its immunities, defenses, and limitations to liability under the Colorado
Governmental Immunity Act (Section 24-20-101 CRS, et. seq.) or under any other law.
2. If the development includes a subdrain system, any such subdrain
system, whether located within private property or within public property such as street
rights -of -way or utility or other easements, shall not be owned, operated, maintained,
repaired or reconstructed by the City and it is agreed that all ownership, operation,
maintenance, repair and reconstruction obligations shall be those of the Developer or the
Developer's successor(s) in interest. Such subdrain system is likely to be located both
upon private and public property and, to the extent that it is located on public property, all
maintenance, operation, repair or reconstruction shall be conducted in such a manner that
such public property shall not be damaged, or if damaged, shall, upon completion of any
such project, be repaired in accordance with then existing City standards. The City shall
not be responsible for, and the Developer, for itself and its successor(s) in interest, hereby
agrees to indemnify and hold harmless the City against any damages or injuries sustained
in the development as the result of groundwater seepage or flooding, structural damage
or other damage resulting from failure of any such subdrain system.
3. Without admitting or denying any duty to protect water rights, the
Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and hold
harmless the City against any damages or injuries to water rights caused, directly or
indirectly by the construction, establishment, maintenance or operation of the
Development.
4. The City agrees to give notice to the Developer of any claim made
against it to which the foregoing indemnities and hold harmless agreements by the
Developer could apply, and the Developer shall have the right to defend any lawsuit based
on such claim and to settle any such claim provided the Developer must obtain a complete
discharge of all City liability through such settlement. Failure of the City to give notice of
any such claim to the Developer within ninety (90) days after the City first receives notice
of such claim under the Colorado Governmental Immunity Act for the same, shall cause
the forgoing indemnities and hold harmless agreements by the Developer to not apply to
such claim and such failure shall constitute a release of the foregoing indemnities and hold
harmless agreements as to such claim.
F. 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.
0
2. Prior to beginning any building construction, and throughout the build -
out of this Development, 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. Such accessway shall be constructed to an unobstructed 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 building end of said accessway.
The turnaround is not required if an exit point is provided at the end of the accessway.
Prior to the construction of said accessway, a plan for the accessway shall be submitted
to and approved by the Poudre Fire Authority and City Engineer. (Three plan sets shall be
submitted to the Poudre Fire Authority at 102 Remington Street for review and processing.)
If such accessway is at any time deemed inadequate by the Poudre Fire Authority or City
Engineer, the accessway shall be promptly brought into compliance and until such time
that the accessway is brought into compliance, the City and/or the Poudre Fire Authority
may issue a stop work order for all or part of the Development.
G. Footing and Foundation Permits
1. Notwithstanding any provision in this Agreement to the contrary, the
Developer shall have the right to obtain a Footing and Foundation permit upon the
installation of all underground water, sanitary sewer, and storm sewer facilities, and an
emergency accessway for the Phase in which the permit is being requested. Facilities
shall include but not be limited to all mains, lines, services, fire hydrants and
appurtenances for the site as shown on the final development plan documents.
H. Development Construction Permit
1. The Developer shall apply for and obtain a Development Construction
Permit for this Development, in accordance with Division 2.6 of the Land Use Code (or
Section 29-12 of the Transitional Land Use Regulations, if applicable), prior to the
Developer commencing construction. The Developer shall pay the required fees for
said Permit and construction inspection, and post security to guarantee completion of
the public improvements required for this Development, prior to issuance of the
Development Construction Permit.
I. Maintenance and Repair Guarantees
1. The Developer agrees to provide a two-year maintenance guarantee and
a five-year repair guarantee covering all errors or omissions in the design and/or
construction of the public improvements required for this Development, which guarantees
shall run concurrently and shall commence upon the date of completion of the public
improvements and acceptance thereof by the City. More specific elements of these
guarantees are noted in Exhibit "C." Security for the maintenance guarantee and the repair
guarantee shall be as provided in Section 3.3.2(C) of the Land Use Code, or Section 29-14
of the Transitional Land Use Regulations, as applicable. Notwithstanding the provisions
9