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HomeMy WebLinkAboutSAN CRISTO PUD - Filed DA-DEVELOPMENT AGREEMENT - 1994-09-19SAN CRISTO P.U.D. AMENDMENT AGREEMENT NO.1 THI� AMENDMENT AGREEMENT, made and entered into this y day of j , of 1994(1 by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City" and DAVERN PROPERTIES, a Colorado general partnership, and THE RESOURCE ASSISTANCE CENTER FOR NONPROFITS, INC., a Colorado non-profit corporation, collectively hereinafter referred to as the "Developer" is an amendment to that certain "Development Agreement" dated the 25th of January, A.D. 1988, by and between the City, FORT COLLINS BUSINESS CENTER, LTD. WHEREAS, the parties hereto (or their predecessor's in interest) 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: 1. Subheading 2. Special Conditions. Section C. Storm drainage lines and appurtenances, (i) is deleted in its entirety from the Development Agreement and replaced with the following: (i) The Developer and the City agree that the temporary detention pond has been graded in accordance with the approved utility plans for this development. The disturbed areas of said detention pond shall be revegetated with dryland grasses in accordance with City criteria prior to the issuance of more than 8 certificates of occupancy for this development. Said detention pond shall be maintained in accordance with the approved plans for this development. Since said detention pond is graded, it is agreed that all remaining 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 13 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. 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 MMII3iT "C" ui SAti cnISTO OX- t3EiMGnE� OTi'. VNE DRIVE 5 5' 56, LEMAY BY-PASS nts EXHIBIT "D" :1All SITE PLAN SCHEMATIC FIGURE 4 Recorded at — Reception No. o'clocl — M., Recordtr. PERSONAL REPRESENTATIVE'S DEED 11 THIS DEED, is made by to CITY OF F (Testate Estate) JAMES S. WEBSTER as Personal Representative of the Estate of . deceased, Grantor, Grantee, whose legal address is P. 0 Box 530 Fort Coll i ns, Col orado_ 85022 WHP,REAS, the above -named decedent in his lifetime made and executed his Last Will and Testament dated ['lay 19 19 78 which Will was duly admitted to �t/,/Wlll(infornu h probate on _October 10 19 34_- , , the Di Stri ct _ Court in and for the of _Larimer _ , and Stetc of Colorado. Prchatc No. 84 PR 261 WHEREAS, Grantor was duly appointed Personal Representative of said Estate on October 10 19 84 , and is now qualified and acting in said capacity. County NOW. THEREFORE, FORE, pursuant to the powers contcrred upon Grantor by the Colorado Probate Code, Grantor does t'ands NO/100_ts$f00gn msfer anti set over unto Gr_tDoll `'{(t/,�i//eir for l in consideration of TEN k4t4U-AA1(i Vl the following described real property situate in the _ County of Larfiner _ State of Colorado: A strip of land situate in the NW -a of Section 7, T 7 N, R 63 W of the Sixth P.M., City of Fort Collins, County of Larimer, State of Colorado, lying adjacent to the W 25.90 feet of Tenth Street located in Anderson Place and more particularly descri ed as considering the West. line of the said NW'a as bearing S 020 04' 03" W and with all bearings contained herein relative thereto and beginning at a point which bears S 020 04' 03" W 1319.99 feet and again S 890 55' 57" E 358.00 feet from the NW corner of said Section 7 and run thence S 890 55' 57" E 12.00 feet; thence N 020 04' 03" E 1250.83 feet to a point on the South line of the Burlinnton florthern Railroad right-of-way; thence N 890 36' 37" W 12.00 feet along the said South line; thence S 020 04' 03" 11 1250.90 feet to the point of beginning, containing 15,003 square feet more or less. also known by street and number as none assigned With all jppurtcnances, subject to covenants, easements and restrictions of record. and subject to general properly taxes forvld�/v6:fJt�i/LI LLL/,d,A,�6�iEdi/d, all prior years, liens, encumbrances, easements, rights - of -way, covenants, reservations, and restrictions of record and/or in place, if any. As used herein. th. singular includes the plural and the masculine gender the feminine and neuter genders as the context may require. Executed March 3 , 19 88 as. ersonal Reprosentative of the Estate of Samuel J. Webster Deceased I STATE OF COLORADO ts. COUNTY OF Iarimer 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: c-17 rJG City Manager ATTEST: a �d •nQ� CITY CLERK APPROVED AS TO CONT T: ZZY4, Ilk '4 Director of Enginee AP RO�E� AS TO FORM: City Attorney DEVELOPER: Davern Properties, a Colorado general p'rtnership Da 'id H. Hawes, General Partner By: Vernon R. Sunset, General Partner The Resource Assistance Center for Non- Profits Inc., a Colorado non- profit corporati*res* By: � L 1 e Stitzent 2 ATTEST: �! By: Anit Clardy, Secretary 86.01 RCPTN # `;8�17269 OA118188 1d:51:46 # OF PAGES - 2 FEE- S. 0(4 M. ROOENBERGER, RECO_ 'R - LARIMER COUNTY CO STA 000 FEE - STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT is executed this day of January, 1988, by and between the CITY OF FORT COLLINS, COLORADO (City) and (Developer). WHEREAS, the Colorado General Assembly has provided for the establishment under certain circumstances of vested rights in the development of real property in the State of Colorado; WHEREAS, pursuant to 24-68-102(4), C.R.S., what constitutes a site specific development plan that would trigger a vested prop- erty right shall be finally determined either pursuant to ordi- nance or upon an agreement entered into by the City and the Developer; WHEREAS, as of the 25th day of January, 1988, the City's ordinance identifying and specifying "site specific development plans" shall not yet have taken effect; and WHEREAS, the purpose of this Agreement is to accomplish, by agreement entered into between the City and the Developer, an understanding of what constitutes a site specific development plan pursuant to Colorado statute. NOW THEREFORE, in consideration of the mutual 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: 1. The approval, by the City Planning and Zoning Board, of January 25, 1988, of the following described pro- ject, to -wit: shall/-`-'e.wrl!noc constitute a site specific develop- ment plan as defined in Title 24, Article 68 of the Colorado Revised Statutes. (If the aforesaid project shall be deemed to constitute a site specific devel- opment plan, it is further understood and agreed bet- ween the parties that said site specific development plan shall be governed according to the terms of Ordinance 2, 1988 and Ordinance 3, 1988 as though said ordinance were fully in effect at the time of approval of the aforesaid development.) 2. If a court of competent jurisdiction should determine that any part of this Agreement shall be invalid or unconstitutional, then the remaining portions of this Agreement shall continue in effect and shall not be affected by the invalidity of the other portion or portions. 3. This Agreement shall be deemed to run with the land as described in the aforementioned project and shall inure to the benefit of the parties, their heirs, successors, representatives and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: �LL V - City Clerk' APPROVED AS TO FORM: Assistant City Attorney City of Fort Collins, Colorado a municipal corporation (Owner) APPENDIX A A ANNEXATION AGREEMENT This Agreement is made this 19th day of August, 1986 by and between Fort Collins Business Center, Ltd. (the "Partnership") a Colorado limited partnership and the City of Fort Collins, Colorado (the "City"). WHEREAS, the Partnership is the owner of a parcel of property (the "Property") in Larimer County, Colorado which is described on the attached Exhibit "A" and incorporated herein by reference; and WHEREAS, the Partnership desires to have the Property annexed to and developed within the City provided that an equitable agreement is reached between the City and the Partnership with regard to major street improvements required for such annexation and development; and WHEREAS, representatives of the Partnership have submitted to the City' various traffic studies of the proposed development of the Property and have met with representatives of the City to discuss City street requirements; and WHEREAS, the City Council of the City is of the opinion that it is in the best interest of the City to annex and zone the Property and to enter into an annexation agreement with the Partnership setting forth the obligations of the parties with regard to certain street improvements. NOW THEREFORE, by and in consideration of the above premises and the within terms and conditions the parties hereto agree as follows: 1. The Partnership has petitioned the City for annexation of the Property to the City in accordance with the terms and conditions of the Annexation Petition which is attached as Exhibit "B" and incorporated herein by reference. 2. Upon execution of this Agreement and no later than sixty days after the termination of any appeal, initiative or referendum period relating to the enactment of the annexation and zoning ordinances necessary to annex and zone the Property in accordance with the Annexation Petition, the Partnership shall dedicate to the City a street right-of-way across the Property for the proposed Lemay Avenue Extension which is planned to extend from the existing Lemay Avenue through the Property to Vine Drive as shown on Exhibit "C" attached hereto and incorporated herein by reference. In the event any appeal, initiative or referendum relating to such ordinances is timely filed, the Partnership shall not be required to make such street right-of-way dedication unless and until a final determination of the validity of the annexation and zoning ordinances has been made. In exchange for such dedication, the Partnership or any successor or assign thereozonin 1 not be required 0 development ofs a the condition of annexation, 9 Property, to pay any costs associated with improvements to i existing Lemay Avenue or construction of the proposed Lemay Avenue Extension to residential, collector, and/or arterial width and depth or for any traffic signalization costs related to the Lemay Avenue Extension or existing Lemay Avenue. 3. The Property is preliminarily proposed by the Partnership to be devel-oped in at least two phases, with the first phase to include aproximately 13.9 acres of industrially zoned property adjacent to and north of Lincoln Avenue, and approximately 12.5 acres of residentially zoned property; and the second phase to include the remaining approximately 33.7 acres of industrially zoned property, as more particularly shown on Exhibit "D" attached hereto and incorporated herein by reference. The adjacent and off -site street improvements(including but not limited to, street pavement, traffic signalization, turn lanes, median islands, and the like) required by the City for development of the Property, if developed so that such Property shall substantially conform to the use categories and the street system for the Property as depicted on Exhibit "D limited to the following: a. Development of any portion of the Property will require that Lincoln Avenue be widened and a left -turn lane striped on Lincoln Avenue, as more Sspecifically ashown Traffic Figure 1 of the March 25, 1986, pp Analysis prepared by Matthew S. Delich, S.P.E., which is attached hereto as Exhibit "E" and incorporated herein by reference. Further, that portion of Lincoln Avenue adjacent to the Property shall be improved to at least one-half of full arterial width and in accordance with City standards then in effect for arterial streets, and the developer of the Property shall be entitled to receive reimbursement from the City for all street oversizing costs as then defined by the Code of the City. b. Development of the residential portion of the Property will require primary access to such residential development, which could be provided by one of the following: existing Lemay Avenue coupled with the Lemay Avenue Extension; use of existing east -west residential streets adjacent to the residential development on its western boundaries; or Lincoln Avenue through the use of the proposed north -south street running through the Property and intersecting with Lincoln Avenue. Based on traffic considerations, the City and the Partnership prefer to have -2- primary access to the Poroperty from the existing east -west residential streets or from the Lemay Avenue Extension as improved. However, in the event that the City has not improved the Lemay Avenue Extension at the time of development of the residential area, and if the City, at a hearing on the master plan or preliminary plan for the residential development, finds that use of the existing east -west streets adjacent to the residential development is inappropriate based upon applicable planning criteria then in effect, then primary access to and from such residential area can be provided through the use of Lincoln Avenue and the proposed north -south street running through the Property and intersecting with Lincoln Avenue. c. Development of the residential portion of the Property will also require either installation of residential sprinklers or a secondary point of access for emergency service vehicles. The secondary access requirement could be met through the use of existing east -west residential streets adjacent to the residential development; however, in the event the City finds at a hearing on the preliminary or master plan for the residential development that the use of such streets is inappropriate based upon applicable planning criteria then in effect, the developer of the Property will be required to provide a 20-foot wide emergency vehicle access consisting of compacted gravel road base and complying with applicable City Code provisions for such an access. 4. The City is bearing the cost of construction of the proposed Lemay Avenue Extension through the Property. Therefore, the timing of construction of such improvements shall be in the discretion of the City. However, improvement of the proposed Lemay Avenue Extension shall not be a requirement for development of any portion of the Property, provided that the development of the Property shall substantially conform to the use categories and the street system for the Property as depicted on Exhibit "D". At such time as the proposed Lemay Avenue Extension is improved by the City, both the industrial and residential areas shall be allowed reasonable access to and from it. 5. The developer of the Property will be required to comply with all City requirements then in effect for dedication and improvement of interior streets on the Property, except as set forth herein. -3- 6. This Agreement shallibe binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. FORT COLLINS BUSINESS CENTER, LTD. A Colorado Limited Partnership By: DAY, PETERS & CO., a Colorado limited partnership, a general partner By: REIB, INC., a Colorado Corporation, a general partner By: 8 o Gregory i e President CITY OF FORT COLLINS, COLORADO, A Municipal Corporation ��j�]��� By: C Ate�venC- Burkett City Manager , APPROVED AS/70 FORM: By: �1ty Attorney ATTEST: 4c)e rk Y.EIL.1 D1/LUCIA/T 4 7164.1 -4-