HomeMy WebLinkAboutBRITTANY KNOLLS PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-05-28DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this ) day of . 5
1994, by and between the CITY OF FORT COLLINS, COLORA a
Municipal Corporation, hereinafter referred to as the "City" and
BRITTANY KNOLLS LAND LIMITED LIABILITY COMPANY, a Colorado limited
liability company, 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:
BRITTANY KNOLLS P.U.D., FILING NO.1, (Block 1, Lots 1 through
25 and Block 2, Lots 1 through 16) a part of the Southeast
One- Quarter of Section 12, T 6 N, R 69 W of the 6th Principal
Meridian and a Replat of Portner Estates South P.U.D. Phase 1,
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 f ile in the of f ice 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:
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.
Final grading of the Property shall be completed in accordance
with a grading plan with full approval by the City in
accordance with paragraph II.C.3. of this Agreement.
10
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this -7t!!� day of January, 1987,
by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
("the City,") and D C B Investment Co., a Texas Corporation, ("Devel-
oper,
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:
Brittany Knolls P.U.D., Filinq 1, located in the Southeast 1/4
of Section 12, Township 6 North, Range 69 West, of the 6th P
M, City of Fort Collins, Larimer County, 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 util-
ity 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 utili-
ties and other, municipal improvements in connection with said lands.
NOW, THEREFORE, in consideration of the promises of the parties
hereto and other good and valuable consideration, the receipt and ade-
quacy of which is hereby acknowledged, it is agreed as follows:
1. General Conditions.
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the subject prop-
erty described above. For the purposes of this Agreement,
"development activities" shall include, but not be limited,
to the following: (1) The actual construction of improve-
ments, (2) Obtaining a building permit therefor, or (3) Any
change in the 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 trenches, sanitary sewer collection line
trenches, storm sewer lines and facilities, streets, curbs,
gutters, sidewalks, and bikepaths shall be installed as shown
on the approved utility plans and in full compliance with the
Council -approved standards and specifications of the City on
file in the Office of the City Engineer at the time of
approval of the utility plans relating to the specific util-
ity, subject to a two (2) year time limitation from the date
of execution of this agreement. In the event that the Devel-
oper commences or performs any construction pursuant hereto
after two (2) years from the date of execution of this agree-
ment, the Developer shall resubmit the project utility plans
to the City Engineer for reexamination. The City may require
the Developer to comply with approved standards and specifi-
cati ons of the City on file in the Office of the City Engi-
neer at the time of resubmittal.
C. Rio building permit for the construction of any structure
within the development shall be issued by the City until the
water lines, fire hydrants, sanitary sewer and streets (with
at least the base course completed) serving such structure
have been completed and accepted by the City. No building
permits shall be issued for any structure located in excess
of six hundred sixty feet (5E0') 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 City Engineer has determined that any
water lines, sanitary sewer lines, storm sewer facilities
and/or streets are required to provide service or access to
other areas of the City, those facilities shall be shown on
the utility plans and shall be installed by the Developer
within the time as established under "Special Conditions" in
this document. No such improvements serve other areas of the
City.
E. Except as otherwise herein specifically agreed, the Developer
agrees to install and pay for all water, sanitary sewer and
storm sewer facilities and appurtenances, and all streets,
curbing, gutter, sidewalks, bikeways and other public
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improvements required by this development as shown on the
plat, utility and landscape plans, and other approved docu-
ments pertaining to this development on file with the City.
F. Street improvements (except curbing, gutter and walks) shall
riot 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 trenches for utilities shown on the
utility drawings shall be inspected by the Engineering Divi-
sion of the City and shall be subjected 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 drawings shall supersede the
standard specifications.
H. All storm drainage facilities shall be so designed and con-
structed by the Developer as to protect downstream and adja-
cent properties against injury and to adequately serve the
property to be developed (and other lands as may be required,
if any). The Developer has met or exceeded minimum require-
ments 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
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or quantity different from that which was historically dis-
charged 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 mainte-
nance of such facilities as have been accepted by the City
for maintenance; (2) errors, if any, in the general concept
of the City's master plans (but not to include any details of
such plans, which details shall be the responsibility of the
Developer); and (3) specific directives as may be given to
the Developer by the City. Approval of and acceptance by the
City of any storm drainage facility design or construction
shall in no manner be deemed to constitute a waiver or relin-
quishment 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 also be
intended for the henefit of the City and subsequent purchas-
ers of property in the development.
I. 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 pro-
visions of Chapter 93 are described together with the esti-
mated 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,
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the amount of such reduction shall be adjusted to reflect the
actual cost. If the cost of the eligible improvements con-
structed by the Developer and described in the above men-
tioned 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.
J. 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-
t.i on.
2. Special Conditions.
A. Water lines.
Not Applicable
B. Sewer lines.
Not Applicable
C. Storm drainage lines and appurtenances.
(i) All installation of revegetation and erosion control mate-
rial required by the City to stabilize all overlot grading
done by the Developer on -site, or adjacent to this develop-
ment, shall be completed by the Developer prior to the
issuance of more then 1.0 building permits.
(ii) No more then 22 building permits shall be issued by the
City prior to the Developer completing all storm drainage
facilities and appurtenances, and acceptance of these
appurtenances by the City. All storm drainage is carried
by streets and surface drainage.
D. Streets
(i) The Developer and the City agree that there is no reim-
bursement due to the Developer, from the City for street
oversizing.
E. Landscaping
(i) No more then 22 building permits shall be issued prior to
the completion and acceptance of the landscaping along
Brittany Drive as shown on the landscaping plan or. file in
the City Engineer's Office.
(ii) The arterial street trees and turf between the curb and
sidewalk along Lemay Avenue shall be installed by the
Developer as shown on the landscaping plans on file in the
Office of the City Engineer. This landscaping shall be
initiated upon substantial completion of the construction
of Lemay Avenue financed pursuant to the Lemay Avenue Spe-
cial Improvement District (SID). The Developer agrees that
the City shall have no obligation to issue any additional
building permits after substantial completion of the afore-
said SID improvements until the Developer has completed the
said landscaping (and the same has been accepted by the
City), or until the Developer has established an escrow
account for 150% of the average of three bids submitted by
qualified contractors to complete said landscaping.
(iii)The Developer, or a City approved Home Owners Association,
shall be responsible for the maintenance of all landscaping
in this development as shown on the landscaping plan. This
includes the landscaping in the City right-of-way along all
streets in the development, the west right-of-way of Lemay
Avenue adjacent to this development and the north right-of-
way of Trilby Road adjacent to this development. The City
shall not be responsible for any landscaping maintenance in
this development.
F. Off -site Improvements
(i) The City agrees to permit the Developer to place excess fill
dirt, as shown on the utility drawings in the Office of the
City Engineer, on City property to the west of the western
property line of Filing 1. The Developer agrees to compact
the overlot grade to 80% of maximum density in conformance
with ASTM D 698 standards. The Developer shall also
revegetate, with an approved drought resistant seed mix-
ture, the said area and any surrounding area disturbed by
the Developer due to construction activity, as soon as
overlot grading is completed and accepted by the City.
3. Miscellaneous.
A. The Developer agrees to provide and install, at his expense,
adequate barricades, warning signs and similar safety devices
-7-
at all construction sites within the public right -of -bray
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 City Engineer.
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 rub-
bish no less than weekly and, at the completion of the work,
shall remove all such waste materials, rubbish, tools, con-
struction equipment, machinery, and surplus materials from
the public right-of-way. The Developer further agrees to
maintain the finished street surfaces free from dirt caused
by the Developer's operation. Any excessive accumulation of
dirt and/or construction materials shall be considered suffi-
cient 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.
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 ero-
dible 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 sub-
division at the earliest practicable time. By way of explana-
tion and without limitation, said control may consist of
seeding of approved grasses, temporary dikes, gabions, and/or
other devices.
F. '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 build-
ing permits and certificates of occupancy as it deems neces-
sary.
F. Nothing herein contained shall be construed as a waiver of
any requirements of the City Code, and the Developer agrees
to comply with all requirements of the same.
G. In the event the City waives any breach of this Agreement, no
such waiver shall be held or construed to be a waiver of any
subsequent breach hereof.
H. Financial obligations of the City of Fort Collins payable
after the current fiscal year and/or not appropriated or bud-
geted are contingent upon funds for that purpose being appro-
priated, budgeted and otherwise made available.
I. This Agreement shall run with the real property herein above
I. General Conditions
A. The germs 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
specifications of the City on file in the office of the Director of
Engineering al: 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. No building permits shall be issued for any
structure located in excess of six hundred sixty feet (6601) 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
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
described and shall be binding upon the parties hereto, their
personal representatives, heirs, successors, grantees and
assigns. Assignment of interest within the meaning of this
paragraph shall specifically include, but not be limited to,
assignment of any portion of the Developer's proprietary
interest in the real property hereinafter described, as well
as any assignment of the Developer's rights to develop such
property under the terms and conditions of this agreement.
J. In the event the Developer herein after transfers title to
such real property and is thereby divested of all equitable
and legal interest in said property, the City hereby agrees
to release said Developer from liability under this Agreement
with respect to any breach of the terms and conditions of
this Agreement occurring after the date of any such transfer
of interest.
K. Each and every term and condition of this Agreement shall be
deemed to be a material element thereof. In the event either
party shall fail or refuse to perform according to the terms
of this Agreement, such party may be declared in default. In
the event a party has been declared in default hereof, such
defaulting party shall be allowed a period of five (5) days
within which to cure said default. ?n the event the default
remains uncorrected, the party declaring default may elect
to: (a) terminate the Agreement and seek damages; (b) treat
the Agreement as continuing and require specific performance;
or, (c) avail itself of any other remedy at law or equity.
L. In the event of default of any of the provisions hereof by
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either party which shall require the party not in default to
commence legal or equitable action against said defaulting
party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable
attorneys' fees and costs incurred by reason of default.
Nothing herein shall be construed to prevent or interfere
with the City's rights and remedies specified in Paragraph 3
E of this Agreement.
ATTEST:
tiAw
City Clerk
APPROVED AS TO FORM:
i ty En eer
ATTEST:,
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THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By L
ity Manager
toL�611_
City Attorney
Developer:
By: D C B Investments Co.
a Texas Corporation
By:
Dale C. u oug Presi ent
(corporate seal)
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.
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0
EXHIBIT "B"
The Development Agreement for Brittany Knolls P.U.D. Filing One.
This exhibit does not apply to this development.
COST ESTIMATE FOR MAJOR DRAINAGE INPROVEI-,ENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM DESCRIPTION
QU„�d�,� TITY
UNIT COST
TOTr,L COST
I• Stom, sewer, manholes, end sections, etc.
(a)
L.f.
/L.f.
S
(b)-
L.f.
/L.f.
S
(c)
Ea.
Ea.
S
,(d)
Ea.
Ea.
S
Sub -Total
S
2. Channel excavation, detention pond
excavation and riprap
(a)
C.Y. $/C.Y. S
(b)
C.Y. S /C.Y. S
C.Y. S /C.Y. S
Sub -Total
5
EXHIBIT B - Page 2
ITEM DESCRIPTION
3. Right-of-way & easement acquisition
(a)
..(b)
Sub -Total
4. Professional Design
(a)
5. Other
(a)
(b)
(c)
QUANTITY UNIT COST. TOTAL COST
S.F. S /S.F. S
Ac. S /Ac. $
S
Lump Sum S
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
Prepared by:
Address:
Ti tl e:
S
BRITTANY KNOLLS P.U.D., FILING NO-1
AMENDMENT AGREEMENT NO.1
THIS AMENDMENT AGREEMENT, made and entered into this y ^ n
G
day of , of 199'-�, by and between the CITY OF FORT COLLINS,
COLORAD , a municipal corporation, ("City") and BRITTANY KNOLLS
LAND LIMITED LIABILITY COMPANY, a Colorado limited liability
company, ("Developer"), is an amendment to that certain Development
Agreement dated the loth of August, A.D. 1994, by and between the
City and the Developer, hereinafter referred to as the "Development
Agreement."
WHEREAS, the City and the Developer previously executed the
Development Agreement; and
WHEREAS, the parties are presently desirous of modifying the
Development Agreement;
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, the parties
agree as follows:
Subheading II. Special Conditions; section C. Storm Drainage
Lines and Appurtenances shall be modified by adding the
following paragraphs:
4. The Developer and the City agree that it is important
that certain lots be graded to drain in the configuration shown on
the approved plans for this development. For this reason the
following additional requirements shall be followed for building on
Block 1, Lots 16 through 25:
Prior to the issuance of a certificate of occupancy for each
of said lots the Developer shall provide the City with
certification that the lot has been graded correctly
(including the grading of any minor swales, if applicable);
the lot corner elevations specified on the approved plans are
correct and in accordance with the approved plans; and the
minimum floor elevation for all buildings constructed on said
lot has been completed in accordance with the approved plans.
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 and the City agree that the storm
drainage system for this development contains some features that
make it important to construct the facilities in accordance with
the plans and to ensure that the facilities are maintained and kept
operational throughout the buildout of this development. For this
reason the following additional requirements shall be followed for
building on Block 1, Lots 21 through 25, and Block 2, Lots 1
through 8 and 11 through 16:
The portions of the drainage improvement system required to be
constructed on any of the above lots and other portions
necessary for the system serving said lots to function shall
be completed in accordance with the approved utility plans and
said completion shall be certified as being completed in
accordance with said plans by a licensed professional
engineer. Said certification shall be received by the City
prior to the issuance of a building permit for any of the
above lots. A certification by such engineer that the
drainage systems' function and adequacy to serve its purpose
has not been impaired by the construction and landscaping on
said lot shall be submitted to the City prior to the issuance
of a certificate of occupancy for each of the above lots.
6. In addition the Developer shall be required to file
a notice with the Larimer County Clerk and Recorder describing the
landscaping and fencing restrictions that exist for the drainage
easements on each of Lots 21 'through 25 in Block 1, and Lots 1
through 8, 11 through 16 and 21 through 25 in Block 2. Said notice
shall reference the location of the specific restrictions shown on
plans and notes in the approved utility plans for this development.
Said notice shall be filed in a City approved form prior to the
sale of any lots affected by such restrictions.
Except as herein modified, the Development Agreement shall
continue in full force and effect. This Agreement and the
Development Agreement constitute the entire understanding of the
parties.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:
ity Mahag
ATTEST:
APPROVED AS TO CONTENT:
Di&ector of Ehgihererip
APPROVEOAS TO FORM:
City Attorney
DEVELOPER:
BRITTANY KNOLLS LAND LIMITED
LIABILITY COMPANY, a Colorado
limited liability company
By: Colorado Land Source, Ltd., a
Colorado corporation, Manager
By: —
James R McCory, President
ATTEST:
/Shar on Timmermann, Secretary
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this Lday of G 51
19911 by and between the CITY OF FORT COLLINS, COLO DO, a
Municipal Corporation, hereinafter referred to as the "City" and
BRITTANY KNOLLS LAND LIMITED LIABILITY COMPANY, a Colorado limited
liability company, 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:
BRITTANY KNOLLS P.U.D., FILING NO.1, (Block 1, Lots 1 through
25 and Block 2, Lots 1 through 16) a part of the Southeast
One- Quarter of Section 12, T 6 N, R 69 W of the 6th Principal
Meridian and a Replat of Portner Estates South P.U.D. Phase 1,
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
specifications of the City on file in the office of the Director of
Engineering at the time of approval of the utility plans relating
to the specific utility, subject to a 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. No building permits shall be issued for any
structure located in excess of six hundred sixty feet (6601) 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
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
K
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
constructed by the Developer
properties against injury and
other.lands as may be require
or exceed the minimum requires
have been established by the
Design Criteria. The Devell
harmless the City from any
directly or indirectly, as a
storm drainage or seepage wat
or quantity different from tY
and caused by the design or
facilities, except for (1) sul
the acts or omissions of the C
as have been accepted by the
any, in the general concept c
include any details of such
responsibility of the Develop
facilities shall be so designed and
is to protect downstream and adjacent
to adequately serve the Property (and
i, if any). The Developer shall meet
ents for storm drainage facilities as
:ity in its Drainage Master Plans and
)per does hereby indemnify and hold
and all claims that might arise,
result of the discharge of injurious
ers from the development in a manner
at which was historically discharged
construction of the storm drainage
:h claims and damages as are caused by
ity in maintenance of such facilities
City for maintenance; (2) errors, if
E the City's master plans (but not to
plans, which details shall be the
ar); and (3) specific directives that
,or by f-ho rity_ Annroval of and
acceptance by the City of any storm drainage facility design or
construction shall in no manner be deemed to constitute a waiver or
relinquishment by the City of the aforesaid indemnification. The
Developer shall engage a licensed professional engineer to design
the storm drainage facilities as aforesaid and it is expressly
affirmed hereby that such engagement shall be intended for the
benefit of the City, and subsequent purchasers of property in the
development.
I. The Developer shall pay storm drainage basin fees in
accordance with Chapter 26, Article VII of the City Code.
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
3
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
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.
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
3
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.
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 shall be completed by the
Developer in accordance with the approved plans prior to the
issuance of more than 10 building permits. 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.
0
2. The Developer agrees to provide and maintain erosion
control improvements as shown on the approved utility plans to
stabilize all over -lot grading in and adjacent to this development.
The Developer shall also be required to post a security deposit in
the amount of $20,685.00 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.
3. The Developer and the City agree that the City
approval of the grading plan portion of the approved utility plans,
is only a conditional approval to allow the Developer to proceed at
the Developer's risk with development of a portion of the Property.
The condition of said approval is that the Developer agrees to
revise grading on any part of the Property to conform to the
grading plan that receives full approval by the City. With the
knowledge of these risks, the Developer may proceed with
development and receive building permits (subject to all of the
conditions required by this Agreement and the City Code) only for
lots 1 through 15 in Block 1. No building permits shall be issued
for lots 16 through 25 in Block 1 and lots 1 through 16 in Block 2
until said grading plan is revised and is given full approval by
the City. At the time of full approval of the grading plan, the
Developer and the City shall enter into an amendment agreement to
this Agreement that will remove this restriction on building permit
issuance and add conditions to correspond with the design of the
fully approved grading plan.
D. Streets.
1. Subject to the conditions of this Agreement, the City
agrees to reimburse the Developer for oversizing public street
improvements along Trilby Road for those portions of said street
abutting the Property as shown on the approved utility plans.
Reimbursement for Trilby Road shall be for oversizing the sidewalk
from residential standards to arterial standards. The City shall
make reimbursement to the Developer for the aforesaid oversized
street improvements in accordance with Section 24-121 of the Code
of the City. The Developer agrees and understands that the City
shall have no obligation to make reimbursement payments for street
oversizing unless funds for such payments shall first have been
budgeted and appropriated from the Street Oversizing Fund by the
City Council; 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
5
agrees to accept payment in accordance with Section 24-121 (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 24-121 (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 24-121 (d).
2. It is understood that the streets to be constructed
as described in this Section II(D) are "city improvements" 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 Fifteen Thousand Dollars ($15,000), 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.
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 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 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
2
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.
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
7
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
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.
AT EST:
y -
i
CITY CLERK
APPROVED AS TO CONTENT:
AS
Director of Engineeri
APPROVED AS TO FORM:
City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation C�
By: l ' //��
y Ma ag r
E
DEVELOPER:
BRITTANY KNOLLS LAND LIMITED
LIABILITY COMPANY, a Colorado
limited liability company
By: Colorado Land Source, Ltd., a
Colorado corporation, Manager
By:
James R---MCCory, President
ATTEST:
BY:<
;Sharron TImmermann,ecretary
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.
Final grading of the Property shall be completed in accordance
with a grading plan with full approval by the City in
accordance with paragraph II.C.3. of this Agreement.
10
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.
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 shall be completed by the
Developer in accordance with the approved plans prior to the
issuance of more than 10 building permits. 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.
4
2. The Developer agrees to provide and maintain erosion
control improvements as shown on the approved utility plans to
stabilize all over -lot grading in and adjacent to this development.
The Developer shall also be required to post a security deposit in
the amount of $20,685.00 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.
3. The Developer and the City agree that the City
approval of the grading plan portion of the approved utility plans,
is only a conditional approval to allow the Developer to proceed at
the Developer"s risk with development of a portion of the Property.
The condition of said approval is that the Developer agrees to
revise grading on any part of the Property to conform to the
grading plan that receives full approval by the City. With the
knowledge of these risks, the Developer may proceed with
development and receive building permits (subject to all of the
conditions required by this Agreement and the City Code) only for
lots 1 through 15 in Block 1. No building permits shall be issued
for lots 16 through 25 in Block 1 and lots 1 through 16 in Block 2
until said grading plan is revised and is given full approval by
the City. At the time of full approval of the grading plan, the
Developer and the City shall enter into an amendment agreement to
this Agreement that will remove this restriction on building permit
issuance and add conditions to correspond with the design of the
fully approved grading plan.
D. Streets.
1. Subject to the conditions of this Agreement, the City
agrees to reimburse the Developer for oversizing public street
improvements along Trilby Road for those portions of said street
abutting the Property as shown on the approved utility plans.
Reimbursement for Trilby Road shall be for oversizing the sidewalk
from residential standards to arterial standards. The City shall
make reimbursement to the Developer for the aforesaid oversized
street improvements in accordance with Section 24-121 of the Code
of the City. The Developer agrees and understands that the City
shall have no obligation to make reimbursement payments for street
oversizing unless funds for such payments shall first have been
budgeted and appropriated from the Street Oversizing Fund by the
City Council; 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
5
agrees to accept payment in accordance with Section 24-121 (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 24-121 (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 24-121 (d).
2. It is understood that the streets to be constructed
as described .in this Section II(D) are "city improvements" 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 Fifteen Thousand Dollars ($15,000), 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.
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 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 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
R
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.
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
7
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
party for the non -defaulting party I 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.
ATTEST:
CITY CLERK
APPROVED AS TO CONTE�tT:
Di ector of—E:ngirf6er',�
APPROV AS TO FORM:
City Attorney,
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By
ity Manage
8
DEVELOPER:
BRITTANY KNOLLS LAND LIMITED
LIABILITY COMPANY, a Colorado
limited liability company
By: Colorado Land Source, Ltd., a
Colorado corporation, Manager
By:
James R..-M ry, President
ATTEST:
By:,-',i�, - -�- -
4'Sharron immermann, Secretary
0j