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HomeMy WebLinkAboutCIMARRON PLAZA PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-07DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of ��,/r , A.D. 1981, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and BLUE "0" DEVELOP- MENT, a general partner, hereinafter referred to as "the Developer," LITTAIFCCFTW- 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: Cimarron Plaza, P.U.D., Tracts A and B; being a replat of a portion of Cimarron West P.U.D. and a portion of land located in the northeast quarter, Section 27, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property and has submitted to the City a subdivision plat and/or a site plan, a copy of which is on file in the Office of the City Engineer and made a part hereof by reference; and WHEREAS, the Developer has further submitted to the City a utility plan for said lands, a copy of which is on file in the office of the City Engineer and made a part hereof by reference; and WHEREAS, the parties hereto have agreed that the development of said lands will require increased municipal services from the City in order to serve such area and will further require the installation of certain �♦i„r MV♦ 11�11 The Development Agreement for Cimarron Plaza P.U.D. This exhibit is not applicable for this development. COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS Include only those major storm drainage basin improvements required by an adopted basin master plan. ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 1. Storm sewer, manholes, end sections, etc. (a) L.f. /L.f. $ (b) L.f. /L.f. $ (c) Ea. Ea. $ (d) Ea. Ea. $ Sub -Total 2. Channel excavation, detention pond excavation and riprap C.Y. $ /C.Y. $ C.Y. $ /C.Y. $ C.Y. $ /C.Y. $ Sub -Total EXHIBIT B - Page 2 ITEM DESCRIPTION 3. Right-of-way & easement acquisition (a) (b) Sub -Total 4. Professional Design (a) 5. Other (a) (b) (c) QUANTITY UNIT COST TOTAL COST S.F. $ /S.F. $ Ac. $ /Ac. $ Lump Sum $ Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared by: Title: Address: 550492 COUNTY OF L RIMER 1984 FEB ! AM 11: 40 6TA T 0 NOTICE Please take notice that on January 25, 1982 , the Planning and Zoning Board cf the City of Fort Collins, Co�orado, ap,-roved the Plan of the planned unit development known as CIMARRON PLAZA PUD (subject property), which development was submitted -and processed in accordance with Section 118-83 of the Code of the City of fort Collins. The Plan of the subject property together with the development agreement dated September 26, 1983 between the City of Fort Collins and the developer, out of which documents accrue certain rights and obligations of the developer and/or subsequent owners of the subject property, are on file in the office of the Clerk of the City of Fort Collins.. It The subject property is more particularly described as follows: A replat of a portion of Cimarron West PUD and a portion of land situate in the northeast 1/4 section 27, Township 7 North, Range 69 West of the 6th P.M., Fort Collins, Colorado Offsite easements required for utilities to serve this planned unit development are recorded with the Larimer County Clerk and Recorder. — o ity C ecretary, PlannjAg & Loning Board City of Fort Collins CIMARRON PLAZA PUD AMENDMENT AGREEMENT NO. 1 THIS AGREEMENT, made and entered into this /D day of UG , 19q3, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City"), and BLUE "0" DEVELOPMENT, a partnership ("Developer"), is an amendment to that certain Development Agreement dated the 26th day of September, 1983, by and between the parties hereto. By this Agreement, the aforesaid Development Agreement is hereby amended in the following particulars: The fourth and final sentence of Paragraph 20) is hereby deleted and the following is inserted: The Developer may be entitled to reimbursement for the construction of Raintree Drive and a portion of Shields Street in accordance with the Code of the City of Fort Collins Article 99-6(B)(6). IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. CITY OF FORT COLLINS a municipal corporation By City Manager ATTEST: Ci L57`" y APPROVED: ire r of -Pdb1Ac Wo s BLUE "0" DEVELOPMENT Ci t Attorney ` f r im Lis en, General Partner ATTEST: AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT TO pEVELOPMENT AGREEMENT (the "Amendment"') is made this _8_1D day of May, 1986, by and among THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (the "City"), BLUE "0" DEVELOPMENT, a Colorado general partnership ("Blue 011 ), ARROWSTONE PRODUCTION CORPORATION,, a Delaware corporation ("Arrowstone"), and ARROWSTONE :DEVELOPMENT CORPORATION, a Delaware corporation ("Arrowstone Development"). RECITALS A.. On September 26, 1983, the City and Blue O entered into a Development Agreement (the "1983 Agreement") in connection with the development of certain real property located in Larimer County, Colorado, more particularly described as: Cimarron Plaza P.U.D. Tracts A and B, being a replat of a portion of Cimarron West P.U.D. and a portion of land located in the Northeast Quarter, Section 27, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. The 1983 Agreement was recorded by reference in the office of the Clerk and Recorder of Larimer County, Colorado (the "Records"), pursuant to a Notice recorded in the Records on February 10,, 1984, in Book 2258 at Page 1169, at Reception No. 550492. B. On October 24, 1985, a second Development Agreement was entered into by and between the City, Blue 0 and Thomas D. Murphy ("Murphy") (the "1985 Agreement") in connection with the development of certain real property in Larimer County, Colorado, more particularly described as: Cimarron Plaza P.U.D., being a replat of Cimarron Plaza P.U.D. located in the Northeast Quarter of Section 27, Township 7 North, Range 60 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. The 1985 Agreement was recorded by reference in the Records pursuant to a Notice recorded in the Records on January 15, 1986, as Reception No. 86002631. C. Arrowstone has purchased the real property encumbered by the 1965 Agreement from Murphy. D. On October 24, 1985, Blue 0, the City and Arrowstone :Development entered into a Release Agreement (the "Release"), whereby upon the sale of the real property owned by Blue 0 and encumbered by the 1985 Agreement to Arrowstone Development, the City agreed to release Blue 0 from its obligations pursuant to the 1985 Agreement, and Arrowstone Development agreed to assume the obligations of Blue 0 pursuant to the 1985 Agreement. The Release was recorded in the Records on January 28, 1986, at Reception No. 86004792. E. Inasmuch as the real property encumbered by the 1983 Agreement is also encumbered by the 1985 Agreement, the parties hereto wish to amend the 1985 Agreement to provide for the termination of the 1983 Agreement. AGREEMENT NOW, THEREFORE, for good and valuable considera- tion, the receipt and adequacy of which are hereby acknowl- edged, the parties hereto agree as follows: 1. The following Section 3.K is hereby added to the 1985 Agreement: "K. The parties hereto, by the execution of this Development Agreement, hereby terminate that certain Development Agreement dated September 26, 1963, by and between the City and Blue "0" Development, a Colorado general partnership (the "1983 Agreement"), which was recorded by reference in the office of the Clerk and Recorder of Larimer County, Colorado, pursuant to a Notice recorded in the Records on February 10, 1984, in Book 2258 at Page 1169, at Reception No. 550492, and to render it of no further force and effect; it being the intention of the parties hereto that this Development -Agreement shall encumber the real property described herein and shall supercede the 1983 Agreement." 2. This Amendment shall be placed for record in the Records. All costs associated with such recording shall be borne by Arrowstone. -2- 3. The person executing this Amendment on behalf of the City hereby states and represents that he/she is authorized to act on behalf of the City. 46. This Amendment shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, this Amendment has been executed by the parties hereto on the day and year first written above. ATTEST: City Cler APPROVED AS TO FORM: City Attorney City Engineer THE CITY OF FORT COLLINS, COLORADO, a municipal corporation By: City Manager BLUE "0" DEVELOPMENT, a Colorado general partnership By: James Listen, as a general partner -3- ARROWSTONE PRODUCTION CORPORATION, a Delaware corporation —� [SEAL] ATTEST: By. _ David J. estel, Secretary President ARROWSTONE DEVELOPMENT CORPORATION, a Delaware corporation --- [SEAL] ATTEST: C � ` y: David J. Faestel, Secretary President STATE OF COLORADO ) ss. COUNTY OF _ ) The foregoing Amendment to Development Agreement was acknowledged before me this ^ day of -)i , 1986, by as City Manager, and by as City Clerk of THE CITY OF FORT COLLINS, COLORADO, a municipal corporation. [SEAL] WITNESS my hand and official seal. My commission expires: Notary Public -4- STATE OF COLORADO ) ss. COUNTY OF ) The foregoing Amendment to Development Agreement was acknowledged before me this day of , 1986, by as City Attorney of THE CITY OF FORT COLLINS, COLORADO, a municipal corporation. WITNESS my hand and official seal. My commission expires: [SEAL] Notary Public STATE OF COLORADO ) ss. COUNTY OF _ ) The foregoing Amendment to Development Agreement was acknowledged before me this day of , 1986, by as City Engineer of THE CITY OF FORT COLLINS, COLORADO, a municipal corporation. [SEAL] WITNESS my hand and official seal. My commission expires: t Notary Public -5- STATE OF COLORADO ) ss. COUNTY OF ) The foregoing Amendment to Development Agreement was acknowledged before me this day of , 1986, by James Listen as a general partner of BLUE 110" DEVELOPMENT, a Colorado general partnership. WITNESS my hand and official seal. My commission expires: [SEAL] Nczary Public STATE OF COLORADO ) ss. COUNTY OF The foregoing Amendment to Development Agreement was acknowledged before me this FLt- day of /l, �,j , 1986, by David J.. Faestel as President and E, Cke-,.t as Secretary of ARROWSTONE PRODUCTION OORPORATION, a Delaware corporation. WITNESS my hand and official seal. My commission expires: 9IA0110 (SEAL] /5 Notary Public �f� improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, the City has approved the subdivision plat and/or site plan submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions acknowledged by the parties hereto, it is agreed as follows: 1. General Conditions_ A. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, side- walks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the Council approved standard specifications of the City on file in the Office of the City Engineer at the time of approval of the utility plans relating to the specific utility, subject to any time limitations as provided by Ordinance. B. No building permit for the construction of any structure within the development shall be issued by the City until the water lines, fire hydrants, sanitary sewer and streets (with at least the base course completed) serving such struc- ture have been completed and accepted by the City. No build- ing permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. -2- STATE OF COLORADO ) ) ss. COUNTY OF The foregoing Amendment to Development Agreement was acknowledged before me this � s4- d!�- of , 1986, by David J. Faestel as President and Rc ��ei��cuj as Secretary of ARROWSTONE DEVELOPMENT `CORPORATION, a Delaware corporation. WITNESS my hand and official seal. My commission expires: 9/i?a/OpQ [ SEAL Notary Public -7- DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of Oc"dr- A.D. 198_!r, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and BLUE "0" DEVELOPMENT, a general partnership, and THOMAS D. MURPHY, hereinafter referred to as "the Developer," WITNESSETH: WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: Cimarron Plaza P.U.D., being a replat of Cimarron Plaza, P.U.D. located in the Northeast Quarter of Section 27, Township 7 North, Range 60 West of the Sixth P.M., City of Fort Collins, Larimer County, Colorado. WHEREAS, the Developer desires to develop said property and has submitted to the City a subdivision plat and/or a site plan, a copy of which is on file in the Office of the City Engineer and made a part hereof by reference; and WHEREAS, the Developer has further submitted to the City a utility plan for said lands, a copy of which is on file in the Office of the City Engineer and made a part hereof by reference; and WHEREAS, the parties hereto have agreed that the development of said lands will require increased municipal services from the City in order to serve such area and will further require the installation of certain improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, the City has approved the subdivision plat and/or site plan submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, it is agreed as follows: 1. General Conditions. A. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the 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 utility, subject to a two (2) year time limitation from the date of execution of this agreement. In the event that the Developer commences or performs any construction pursuant hereto after two (2) years from the date of execution of this agreement, the Developer shall resubmit the project utility plans to the City Engineer 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 City Engineer at the time of resubmittal. B. No building permit for the construction of any structure within the development shall be issued by the City until the water lines, fire hydrants, sanitary sewer and streets (with at least the base course completed) serving such structure -2- have seen completed and accepted by the City. No building permits shall be issued for any structure located in excess of six hundred sixty feet (660' ) from a single point of access. C. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, shall be installed within the time and/or sequence required on Exhibit "A". If the City Engineer 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. D. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary sewer and storm sewer facilities and appurtenances, and all streets,, curbing, gutter, sidewalks, bikeways and other municipal facilities necessary to serve the lands within the development. E. Street improvements (except curbing, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all individual lot service lines leading in and from the main to the property line. F. The installation of all utilities shown on the utility -3- drawings shall be inspected by the Engineering Division 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. G. Al storm drainage facilities shall be so designed and constructed by the Developer as to protect downstream and adjacent properties against injury and to adequately serve the property to be developed (and other lands as may be required, if any). The Developer has met or exceeded 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) -4- specific directives as may be given to the Developer by the City. Approval of and acceptance by the City of any storm drainage facility design or construction shall in no manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid indemnification. The Developer shall engage a licensed professional engineer to design the storm drainage facilities as aforesaid and it is expressly affirmed hereby that such engagement shall be intended for the benefit of the City, subsequent purchasers of property in the development and downstream and adjacent property owners all of whom shall be third party beneficiaries of said agreement between the Developer and Engineer. H. The Developer shall pay storm drainage basin fees in accordance with Chapter 93 of the City Code. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 93 are described together with the estimated cost of the improvements on the attached Exhibit "B", which improvements shall include right of way, design and construction costs. The basin fee payable by the Developer shall be reduced by the estimated cost of said eligible improvements. Upon completion of such eligible improvements, the amount of such reduction shall be adjusted to reflect the actual cost. If the cost of the eligible improvements constructed by the Developer and described in the above mentioned exhibit exceeds the amount of the storm drainage fees payable for the development, the City shall -5- reimburse the excess cost out of the Storm Drainage fund upon completion of the improvements and approval of the construction by the City. I. The Developer shall provide the City Engineer with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. 2. Special Conditions. A. Water lines. The developer agrees to compensate City for a certain portion of the cost of an existing 12" (twelve inch) water line located in the right-of-way of Drake Road adjacent to the development, which cost shall be equal to $8.96 per foot of frontage of the development which is adjacent to said water line, plus an inflation factor to be computed by application of the following formula, which utilizes the Denver Construction Cost Index published in the Engineering News -Record (ENR) SX - Y) x 100 x $8.96 x FF = Inflation factor, where, Y X = ENR Denver Construction Cost Index published the month before reimbursement is made. Y = ENR Denver Denver Construction Cost Index published the month in which the line was completed. F'F = Total footage of this development which is adjacent to said water line. The inflation factor shall be disregarded in the above computation of cost if the application of the formula results in an inflation factor which is less than zero. The amount to be paid by the Developer under this section shall be paid to the City upon application for the first building permit for the development. B . Sewer lines. 'rhe developer agrees to compensate City for a certain portion of the cost of an existing 21 (twenty-one inch) sewer line 'located in the right-of-way of Drake Road adjacent to the MT development, which cost shall, be equal to $5.47 per foot of frontage of the development which is adjacent to said sewer line. The amount to be paid by the Developer under this section shall be paid to the City upon application for the first building permit for the development. C. Storm drainage lines and appurtenances. All storm drainage improvements shall be installed in accord- ance with the phasing plan on file in the City Engineer's Office. D . Streets. (i). The developer may be required to compensate the City for the improvements to Drake Road, Davidson Drive and Shields Street. (ii). The City agrees to repay the Developer for oversizing the walk adjacent to Drake, the additional pavement thickness on Drake Road and Shield Street, the replaced center median paving on Shields Street, and the landscaping in the center medians on Drake Road and Shields Street, in accordance with Section 99-6.F. of the Code of the City of Fort Collins. When payment is requested by the Developer, the City's obligation for payment shall be limited to those funds then budgeted, appropriated, and available by the City for that development or work then completed. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices at all construction sites within the public right-of-way and/or other areas as deemed necessary by the City 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 his operation, shall remove such rubbish no less -7- than weekly and, at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way. He further agrees to maintain the finished street surfaces free from dirt caused by his operation. Any excessive 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 corrected to the satisfaction of the City Engineer. If the Developer fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the streets cleaned at his expense and he shall be respon- sible for prompt payment of all such costs. C. The Developer hereby insures that his subcontractors shall cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions, and/or other devices. 10 E. The Developer shall, pursuant to the terms of this agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat, or on any replat subsequently filed by the Developer, and the City may withhold such building permits and certificates of occupancy as it deems necessary to ensure performance hereof. In addition, it is agreed and understood between the developer and the City that the City shall have the right to refuse issuance of building permits and certificates of occupancy in the subject development as the City, in its sole discretion, shall deem necessary in order to insure performance by the Developer of any other obligation the Developer may have to the City, whether pursuant to other development agreements, or otherwise. 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 budgeted are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. I. This Agreement shall be binding upon the parties hereto, C. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, shall be installed within the time and/or sequence required on Exhibit "A". If the City Engineer determines that any water lines, sanitary sewer lines, storm sewer facilities and/or streets shown on the utility plans are required to provide service or access to other areas of the City, those utilities shall be installed within the time determined by the City Engineer as referred to under "Special Conditions" in this document. D. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary sewer and storm sewer facilities and appurtenances, and all streets, curbing, gutter, sidewalks, bikeways and other municipal facilities necessary to serve the lands within the develop- ment. E. Street improvements (except curbing, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed; including all indivi- dual lot service lines leading in and from the main to the property line. F. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. -3- their successors, grantees, heirs, personal representatives, and assigns and shall be deemed to run with the real property above described. J. Each and every term and condition of this Agreement shall be deemed to be a material element thereof. In the event either party shall fail or refuse to perform according to the terms of this Agreement, such party may be declared in default. In the event a party has been declared in default hereof, such defaulting party shall be allowed a period of five (5) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or, (c) avail itself of any other remedy at law or equity. In the event of default of any of the provisions hereof by either party which shall require the party not in default to commence legal or equitable action against said defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorneys' fees and costs incurred by reason of default. Nothing herein shall be construed to prevent or interfere with the City's rights and remedies specified in Paragraph 3.E. of this Agreement. THE CITY OF FORT COLLINS, COLORADO A Municipa] Corporation , '-ity Manager -10- ATTEST: � � 1 City Clerk APPROVED: -l!',, City Engineer APPROVED AS TO FORM: i City A orney BLUE "0" DEVELOPMENT CORPORATION, a General Partnership ATTEST: slim Listerr; General Partner F e�, i"A rhyiT Z, /W,T�hom'ai'is 1 • FXHTRTT "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. Se paragraph 2.C. -12- IL 6, EXHIBIT "B" The Development Agreement for Cimarron Plaza P.U.D. This exhibit does not apply to this development. COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS Include only those major, storm drainage basin improvements required by an adopted basin master plan. ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 1. Storm sewer, manholes, end sections, etc. (a) L.f. /L.f. $ (b) L.f. /L.f. $ (c) Ea. Ea. $ (d) Ea. Ea. $ Sub -Total $ 2. Channel excavation, detention pond excavation and riprap (a) C.Y. $ /C.Y. $ (b) C.Y. $ /C.Y. $ (c) C.Y. $ /C.Y. $ Sub -Total $ EXHIBIT B - Page 2 ITEM DESCRIPTION 3. Right-of-way easement acquisition (a) (b) Sub -Total 4. (a) Professional Design Other UANTITY UNIT COST TOTAL COST S.F. $ /S.F. $ Ac. $ /Ac. $ $ Lump Sum $ Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared by: Address: Title: RCPTN # 86002631 01/1!3 86 10:33:20 # OF PAGES - 1 FEE - J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE- $.00 NOTICE Please take notice that on October 28, 1985, the Planning and Zoning Board of the City of Fort Collins, Colorado, approved the Final Plan known as Cimarron Plaza PUD Phase 1, which development was submitted and processed in accordance with Section 118-83 of the Code of the City of Fort Collins. The Final Plan of the subject property together with the development agreement dated October 24, 1985 between the City of Fort Collins and the developer, out of which documents accrue certain rights and obligations of the developer and/or subsequent owners of the subject property, are on file in the office of the Clerk of the City of Fort Collins. The subject property is more particularly described as follows: Cimarron Plaza P.U.D. Replat being a replat of Cimarron Plaza P.U.D., a tract of land located in the NE 1/4 of Section 27, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado City C err Secretary, Planning and Zoning Board City of Fort Collins Dated: / $3.00 The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plans and/or specifications applicable to such installation. In case of conflict, the utility drawings shall supercede the standard specifications. G. All storm sewer facilities shall be so designed and con- structed as to protect the downstream properties and to adequately serve the property to be developed (and other lands as may be required, if any). The developer hereby agrees to indemnify and hold the City harmless from any and all claims that might arise, directly or indirectly, as a result of the discharge of storm drainage or seepage waters from the devel- opment in a manner or quantity different from that which was historically discharged. H. The Developer shall pay storm drainage basin fees in accor- dance with Chapter 93 of the City Code. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 93 are described together with the estimated cost of the improvements on the attached Exhibit "B", which improvements shall include right of way, design and construction costs. The basin fee payable by the Developer shall be reduced by the estimated cost of said eligible improvements. Upon completion of such eligible improvements, the amount of such reduction shall be adjusted to reflect the actual cost. If the cost of the eligible improvements con- -4- structed by the Developer and described in the above mentioned exhibit exceeds the amount of the storm drainage fees payable for the development, the City shall reimburse the excess cost out of the Storm Drainage fund upon completion of the improve- ments and approval of the construction by the City. I. The Developer shall provide the City Engineer with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construc- tion. 2. Special Conditions. A. Water lines (oversizing, payback, etc.). The Developer agrees to repay the City for its share of the water mains in Shields Street and Drake Road at a rate of $4.0445 and $8.96 plus inflation per front foot. respectively. This payment shall be due upon request for first tap. B. Sanitary sewer (oversizing, payback, etc.). The Developer agrees to repay the City for its share of the sewer mains in Shields Street and Drake Road at a rate of $3.5479 and $5.47 per front foot respectively. This payment shall be due upon request for first tap. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). The Developer agrees to complete all drainage facilities for Tracts "A" and "B" prior to the issuance of one certificate of occupancy. D. Streets (oversizing, traffic lights, signs, etc.). The City shall repay the Developer for oversizing of Shields Street and Drake Road to arterial standards in lieu of local street standards in accordance with the Code of the City of Fort Collins Article 99-6(F). The construction of Raintree Drive adjacent to Cimarron Plaza Tract "C" shall be full width. The Developer agrees to rebuild the temporary taper from Raintree Drive south 200 feet on Shields Street and west 200 feet from the west property line along Drake Road: The City shall repay the Developer for any construction of Shields Street and Raintree Drive adjacent to Tract "C". -5- 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices at all construction sites within the public right-of-way and/or other areas as deemed necessary by the City Engi- neer in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been approved by the director. B. The Developer shall, at all times, keep the public right-of- way free from accumulation of waste material or rubbish caused by his operation, shall remove such rubbish no less than weekly and, at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way. He further agrees to maintain the finished street surfaces free from dirt caused by his operation. Any excessive ac- cumulation or dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to the satisfaction of the City Engineer. If the Developer fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the streets cleaned at his expense and he shall be responsible for prompt payment of all such costs. am C. The Developer hereby insures that his subcontractors shall cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions, and/or other devices. E. The Developer shall, pursuant to the terms of this agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat, or on any replat subsequently filed by the Developer, and the City may withhold such buil- ding permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. F. This Agreement shall be binding upon the parties hereto, their successors, grantees, heirs, personal representatives, and assigns and shall be deemed to run with the real property above described. -7- G. Nothing herein contained shall be construed as a waiver of any requirements of the City Code, and the Developer agrees to comply with all requirements of the same. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation Bys City Manager ATTEST: top& Ci ty C APPROVED: irecto o Public w cs City Attorney BLUE "0" DEVELOPMENT J�'m List Genera�Parf`ner EXHIBIT "A" 1. Schedule of water lines to be installed out of sequence. Construction upon Tract "A" shall require the water mains to be installed and approved by the City Engineer from Drake Road to Tract "B". Construction upon Tract "B" shall require that all water mains for Tracts "A", "B" and "C" be completed and approved by the City Engineer. 2. Schedule of sanitary sewer lines to be installed out of sequence. The sewer main within Tract "A" shall be completed and approved by the City Engineer to Drake Road during the construction of Tract "A". To construct upon Tract "B", all sewer mains for the entire project must be completed, including mains for Tract "C". 3. Schedule of street improvements to be installed out of sequence. Drake Road and Shields Street shall be constructed with the first phase of construction of Tracts "A" or "B" and shall include the extension of said tapers as referenced in paragraph 2(D) hereof. Raintree Drive adjacent to Tract "C" shall be constructed with con- struction of Tract "B" or Tract "C", whichever shall first occur. 4. Storm drainage improvements to be installed out of sequence. Not applicable.