HomeMy WebLinkAboutHARMONY SCHOOL SHOPS FOURTH - Filed DA-DEVELOPMENT AGREEMENT - 2004-06-14DEVELOPMENT AGREEMENT
THIS AGREEMENT, is made and entered into this 22t , day of April 2004, by
and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City"; and Miller Weingarten Realty, LLC, a Colorado
limited liability company hereinafter referred to as the "Developer'; and Western VII
Investment, LLC, a Delaware limited liability company, hereinafter referred to as the
"Owner."
WITNESSETH:
WHEREAS, the Developer has entered into an agreement with the Owner to
acquire ownership of certain real property situated in the County of Larimer, State of
Colorado, (hereafter sometimes referred to as the "Property" or "Development") and
legally described as follows, to wit:
Harmony School Shops 41h Filing, located in Section 32, Township 7 North,
Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of
Colorado.
WHEREAS, the Developer desires to develop the Property and has submitted to
the City all plats, plans (including utility plans), reports and other documents required for
the approval of a final plan according to the City's development application submittal
requirements master list (the "Final Development Plan Documents") copies of which are
on file in the office of the City Engineer and made a part hereof by reference; and
WHEREAS., the parties hereto have agreed that the development of the Property
will require increased municipal services from the City in order to serve such area and
will further require the installation of certain improvements primarily of benefit to the
lands to be developed and not to the City of Fort Collins as a whole; and
WHEREAS, the City has approved the Final Development Plan Documents
submitted by the Developer subject to certain requirements and conditions, which
involve the installation of and construction of utilities and other municipal improvements
in connection with the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it its agreed as follows:
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permanent sidewalk should the mobile home park be developed. If the mobile home
park is developed and a permanent sidewalk is constructed prior to the use of the
escrowed funds for constructing the temporary sidewalk, the escrowed funds shall be
returned to the Developer.
6. Prior to the issuance of any certificate of occupancy, the Developer
shall have completed construction of the "Channelized-7 along Timberline Road as
shown on the Final Development Plan Documents. No street oversizing reimbursement
shall be due the Developer for Timberline Road.
7. The Developer shall secure a state highway access permit and
notice to proceed) prior to any construction on Harmony Road in accordance with
Colorado Department of Transportation (CDOT) requirements.
8. Notwithstanding any provision herein to the contrary, the Developer
shall be responsible for all costs for the initial installation of traffic signing and striping
for this Development, including both signing and striping related to the Developer's
internal street operations and the signing and striping of any adjacent or adjoining local,
collector or arterial streets that is made necessary because of the Development.
9. The pavement design and construction standards for privately
maintained streets shall be the same as the standards for public streets. Grades,
alignments, and widths may be modified in accordance with accepted design principles,
only on the condition that safe access is maintained for all future owners, visitors, the
general public and public safety officials and equipment. Such modifications from public
street standards may be made only if approved by the City Engineer. Easements for
access, utilities and drainage shall be dedicated to the public and clearly shown on the
plat.
10. Following completion of all public infrastructure improvements, the
Developer shall continue to have responsibility for maintenance and repair of said
improvements in accordance with Sections 2.2.3, 3.3.1 and 3.3.2 of the Land Use Code
of the City.
E. Ground Water, Subdrains and Water Rights
1. The City shall not be responsible for, and the Developer (for itself
and its successor(s) in interest) hereby agrees to indemnify and hold harmless the City
against, any damages or injuries sustained in the Development as a result of ground
water seepage or flooding, structural damage, or other damage unless such damages
or injuries are proximately caused by the City's negligent operation or maintenance of its
storm drainage facilities in the Development. However, nothing herein shall be deemed
a waiver by the City of its immunities, defenses, and limitations to liability under the
Colorado Governmental Immunity Act (Section 24-20-101 CRS, et. seq.) or under any
other law.
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2. If the Development includes a subdrain system, any such subdrain
system, whether located within private property or within public property such as street
rights -of -way or utility or other easements, shall not be owned, operated, maintained,
repaired or reconstructed by the City and it is agreed that all ownership, operation,
maintenance, repair and reconstruction obligations shall be those of the Developer or
the Developer's successor(s) in interest. Such subdrain system is likely to be located
both upon private and public property and, to the extent that it is located on public
property, all maintenance, operation, repair or reconstruction shall be conducted in such
a manner that such public property shall not be damaged, or if damaged, shall, upon
completion of any such project, be repaired in accordance with then existing City
standards. The City shall not be responsible for, and the Developer, for itself and its
successor(s) in interest, hereby agrees to indemnify and hold harmless the City against
any damages or injuries sustained in the Development as the result of groundwater
seepage or flooding, structural damage or other damage resulting from failure of any
such subdrain system.
3. Without admitting or denying any duty to protect water rights, the
Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and
hold harmless the City against any damages or injuries to water rights caused, directly
or indirectly by the construction, establishment, maintenance or operation of the
Development.
4. The City agrees to give notice to the Developer of any claim made
against it to which the foregoing indemnities and hold harmless agreements by the
Developer could apply, and the Developer shall have the right to defend any lawsuit
based on such claim and to settle any such claim provided the Developer must obtain a
complete discharge of all City liability through such settlement. Failure of the City to
give notice of any such claim to the Developer within ninety (90) days after the City first
receives notice of such claim under the Colorado Governmental Immunity Act for the
same, shall cause the forgoing indemnities and hold harmless agreements by the
Developer to not apply to such claim and such failure shall constitute a release of the
foregoing indemnities and hold harmless agreements as to such claim.
F. Hazards and Emergency Access
1. No combustible material will be allowed on the site until a
permanent water system is installed by the Developer and approved by the City.
2. Prior to beginning any building construction, and throughout the
build -out of this Development, the Developer shall provide and maintain at all times an
accessway to said building or buildings. Such accessway shall be adequate to handle
any emergency vehicles or equipment, and the accessway shall be kept open during all
phases of construiction. Such accessway shall be constructed to an unobstructed width
of at least 20 feet with 4 inches of aggregate base course material compacted according
to city standards and with an 80 foot diameter turnaround at the building end of said
accessway. The turnaround is not required if an exit point is provided at the end of the
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accessway. Prior to the construction of said accessway, a plan for the accessway shall
be submitted to and approved by the Poudre Fire Authority and City Engineer. (Three
plan sets shall be submitted to the Poudre Fire Authority at 102 Remington Street for
review and processing.) If such accessway is at any time deemed inadequate by the
Poudre Fire Authority or City Engineer, the accessway shall be promptly brought into
compliance and until such time that the accessway is brought into compliance, the City
and/or the Poudre Fire Authority may issue a stop work order for all or part of the
Development.
G. Footing and Foundation Permits
1. Notwithstanding any provision in this Agreement to the contrary, the
Developer shall have the right to obtain a Footing and Foundation permit upon the
installation of all underground water, sanitary sewer, and storm sewer facilities,
(installation shall not necessarily constitute testing of said facilities) and an emergency
accessway for the Phase in which the permit is being requested. Facilities shall include
but not be limited to all mains, lines, services, fire hydrants and appurtenances for the
site as shown on the Final Development Plan Documents.
H. Development Construction Permit
1. The Developer shall apply for and obtain a Development
Construction Permit for this Development, in accordance with Division 2.6 of the Land
Use Code (or Section 29-12 of the Transitional Land Use Regulations, if applicable),
prior to the Developer commencing construction. The Developer shall pay the required
fees for said Permit and construction inspection, and post security to guarantee
completion of the public improvements required for this Development, prior to issuance
of the Development Construction Permit.
Maintenance and Repair Guarantees
1. The Developer agrees to provide a two-year maintenance
guarantee and a five-year repair guarantee covering all errors or omissions in the
design and/or construction of the public improvements required for this Development,
which guarantees shall run concurrently and shall commence upon the date of
completion of the public improvements and acceptance thereof by the City. More
specific elements; of these guarantees are noted in Exhibit "C." Security for the
maintenance guarantee and the repair guarantee shall be as provided in Section
3.3.2(C) of the Land Use Code, or Section 29-14 of the Transitional Land Use
Regulations, as applicable. Notwithstanding the provisions of paragraphs III (H) and (1)
of this Agreement to the contrary, the obligations of the Developer pursuant to this
paragraph and Exhibit "C" may not be assigned or transferred to any other person or
entity unless the warranted improvements are completed by, and a letter of acceptance
of the warranted improvements is received from the City by, such other person or entity.
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J. Natural Resources
1. Fueling facilities shall be located at least one hundred (100) feet
from natural body of water, wetland, natural drainage way or manmade drainage way.
The fuel tanks and fueling area must be set in a containment area that will not allow a
fuel spill to directly flow, seep, run off, or be washed into a body of water, wetland or
drainage way.
2. Prior to the commencement of and/or during any development
activities within the limits of approved development, the Developer shall relocate or
eradicate any prairie dogs inhabiting any portions of the site using City -approved
methods as set forth in Chapter 4 of the City Code. If prairie dogs are present
fumigation is best; done between late April and early June and relocation shall occur
prior to March 1 or after May 31 of any given year.
K. Transit
1. In accordance with Section 3.6.5 of the City Land Use Code, the
Developer is obligated for accommodating a transit stop facility at existing or planned
transit routes. As a transit route is planned for Harmony Road, the Developer shall
provide to the City an escrow of funds in the amount of $3,500 prior to the issuance of
the first certificate of occupancy for the Development. Said amount was determined to
be equal to the estimated cost of constructing a "Type A" bus shelter as defined in the
City's Transit Design Standards and Guidelines. The escrow of funds shall be
deposited with the City in the form of cash, bond, non -expiring letter of credit or other
form of City approved security sufficient to guarantee completion of the construction.
Any interest earned by the City as a result of said deposit shall be the property of the
City. In the event: said escrow is not used within a seven (7) year period, the City shall
return to the Developer the amount deposited. In addition, if the deposit is made in
cash, said escrow amount returned shall also include any interest earned by the City as
a result of said deposit, less 3% of the total amount remaining, (which includes said
amount deposited plus the interest earned by the City) to be kept by the City to cover its
costs for administration of said deposit.
L. Soil Amendment
1. In all areas associated with this Development that are to be
landscaped or planted in accordance with the Final Development Plan Documents, and
do not require a building permit, the soils shall be loosened and amended by the
Developer in accordance with Section 3.8.21 of the Land Use Code prior to the
issuance of any certificate of occupancy in this Development. Completion of soil
amendments shall include certification by the Developer that the work has been
completed. This certification shall be submitted to the City at least two (2) weeks prior
to the date of issuance of any certificate of occupancy in this Development.
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M. Future Phasing
1. Buildings 3, 4, 5, and 6 as shown on the Final Development Plan
Documents are approved with regard to land use only. Subsequent development of
each building will require City approval of site specific utility plans (prepared by a
licensed engineer in the State of Colorado) for the area surrounding each building
currently noted as "Future Phase" on the Harmony School Shops 4th Filing utility plans.
Said approval shall be considered in conjunction with an associated minor or major
amendment (as applicable). Drainage reports, erosion control deposits, and inspection
fees may also be required with the development of each building.
III. Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the City Engineer and
Traffic Engineer in accordance with the City's "Work Area Traffic Control Handbook"
and shall not remove said safety devices until the construction has been completed.
B. As required pursuant to Chapter 20, Article IV of the City Code, the
Developer shall, at all times, keep the public right-of-way free from accumulation of
waste material, rubbish, or building materials caused by the Developer's operation, or
the activities of individual builders and/or subcontractors; shall remove such rubbish as
often as necessary, but no less than daily and; at the completion of the work, shall
remove all such waste materials, rubbish, tools, construction equipment, machinery,
and surplus materials from the public right-of-way. The Developer further agrees to
maintain the finished street surfaces so that they are free from dirt caused by the
Developer's operation or as a result of building activity. Any excessive accumulation of
dirt and/or construction materials shall be considered sufficient cause for the City to
withhold building permits and/or certificates of occupancy until the problem is corrected
to the satisfaction of the City Engineer. If the Developer fails to adequately clean such
streets within two (2) days after receipt of written notice, the City may have the streets
cleaned at the Developer's expense and the Developer shall be responsible for prompt
payment of all such costs. The Developer also agrees to require all contractors within
the Development to keep the public right-of-way clean and free from accumulation of
dirt, rubbish, and building materials.
C. The Developer hereby agrees that it will require its contractors and
subcontractors to cooperate with the City's construction inspectors by ceasing
operations when winds are of sufficient velocity to create blowing dust which, in the
inspector's opinion, is hazardous to the public health and welfare.
D. The Developer shall, pursuant to the terms of this Agreement, complete all
improvements and perform all other obligations required herein, as such improvements
or obligations may be shown on the Final Development Plan Documents, or any
documents executed in the future that are required by the City for the approval of an
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amendment to a development plan, and the City may withhold (or to the extent
permitted by law, revoke) such building permits and certificates of occupancy as it
deems necessary to ensure performance in accordance with the terms of this
Development Agreement. The processing and "routing for approval" of the various
development plan documents may result in certain of said documents carrying dates of
approval and/or execution that are later than the date of execution of this Development
Agreement or the Memorandum Of Agreement (if any) recorded to give record notice of
this Agreement. The Developer hereby waives any right to object to any such
discrepancy in dates.
E. Nothing herein contained shall be construed as a waiver of any
requirements of the City Code, Land Use Code, or Transitional Land Use Regulations
(as applicable) and the Developer agrees to comply with all requirements of the same.
F. In the event the City waives any breach of this Agreement, no such waiver
shall be held or construed to be a waiver of any subsequent breach hereof.
G. All financial obligations of the City arising under this Agreement that are
payable after the current fiscal year are contingent upon funds for that purpose being
annually appropriated, budgeted and otherwise made available by the Fort Collins City
Council, in its discretion.
H. This Agreement shall run with the Property and shall be binding upon and
inure to the benefit of the parties hereto, their respective personal representatives,
heirs, successorsgrantees and assigns. It is agreed that all improvements required
pursuant to this Agreement touch and concern the Property regardless of whether such
improvements are located on the Property. Assignment of interest within the meaning
of this paragraph shall specifically include, but not be limited to, a conveyance or
assignment of any portion of the Developer's legal or equitable interest in the Property,
as well as any assignment of the Developer's rights to develop the Property under the
terms and conditions of this Agreement.
I. In the event the Developer transfers title to the Property and is thereby
divested of all equitable and legal interest in the Property, the Developer shall be
released from liability under this Agreement with respect to any breach of the terms and
conditions of this Agreement occurring after the date of any such transfer of interest. In
such event, the succeeding property owner shall be bound by the terms of this
Agreement.
J. Each and every term of this Agreement shall be deemed to be a material
element hereof. In the event that either party shall fail to perform according to the terms
of this Agreement, such party may be declared in default. In the event that a party has
been declared in default hereof, such defaulting party shall be given written notice
specifying such default and shall be allowed a period of ten (10) days within which to
cure said default. In the event the default remains uncorrected, the party declaring
default may elect: to: (a) terminate the Agreement and seek damages; (b) treat the
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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.
L. Except as may be otherwise expressly provided herein, this Agreement
shall not be construed as or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any right of action hereunder for
any cause whatsoever.
M. It is expressly understood and agreed by and between the parties hereto
that this Agreement shall be governed by and its terms construed under the laws of the
State of Colorado and the City of Fort Collins, Colorado.
N. Any notice or other communication given by any party hereto to any other
party relating to this Agreement shall be hand -delivered or sent by certified mail, return
receipt requested, addressed to such other party at their respective addresses as set
forth below; and such notice or other communication shall be deemed given when so
hand -delivered or three (3) days after so mailed:
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to the Developer: c/o Miller Weingarten Realty
Attention: Stewart A. Miller
850 Englewood Parkway, Suite 200
Englewood, Colorado 80110-2304
With a copy to: Weingarten Realty Investors
Attention: General Counsel
2600 Citadel Plaza Drive
P.O. Box 924133
Houston, TX 77292-4133
it
If to the Owner: Western VII Investment
c/o Western Property Advisors
3555 Stanford Road, Suite 107
Fort Collins, Colorado 80525
With a copy to: Hasler, Fonfara, & Maxwell
Attention: Mr. Michael Maxwell
P.O. Box 2267
Fort Collins, CO 80522
Notwithstanding the foregoing, if any party to this Agreement, or its successors,
grantees or assigns, wishes to change the person, entity or address to which notices
under this Agreement are to be sent as provided above, such party shall do so by giving
the other parties to this Agreement written notice of such change.
O. When used in this Agreement, words of the masculine gender shall
include the feminine and neuter gender, and when the sentence so indicates, words of
the neuter gender shall refer to any gender; and words in the singular shall include the
plural and vice versa. This Agreement shall be construed according to its fair meaning,
and as if prepared by all parties hereto, and shall be deemed to be and contain the
entire understanding and agreement between the parties hereto pertaining to the
matters addressed in this Agreement. There shall be deemed to be no other terms,
conditions, promises, understandings, statements, representations, expressed or
implied, concerning this Agreement, unless set forth in writing signed by all of the
parties hereto. Further, paragraph headings used herein are for convenience of
reference and shall in no way define, limit, or prescribe the scope or intent of any
provision under this Agreement.
P. The Owner is made a party to this Agreement solely for the purpose of
subjecting the Property to the covenants contained in this Agreement. The City and the
Developer expressly acknowledge and agree that the Owner shall not be liable for any
obligations of the Developer under this Agreement, unless the Owner were to exercise
any of the rights of the Developer in which event the obligations of the Developer shall
become those of the Owner.
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THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation n
By: a� �
City Man er
AT EST:
— �� - V�: �—k-
City Clerk
APPROVED AS TO CONTENT:
1Q
City Enginee
APPROV21D AS TO FORM:
Deputy City Attorney
ATTEST:
Roberta S. Martin, Secretary
DEVELOPER:
Miller Weingarten Realty, LLC
a Colorado limited liability company
ttevVart A. Miller, Manager
OWNER:
Western VII Investment, LLC,
a Delaware limited liability company
By Western Properties Advisors, Inc.
a Col a o Corporation_ as Atto ney in Fact
By:
��J�V4tlM,l�`
Stbnley E. i aker, JR., Pres d nt
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EXHIBIT "A"
Schedule of electrical service installation.
Electrical lines need to be installed prior to the installation of the sidewalk, curb
returns, handicap ramps, and paving. If the Developer installs any curb return,
landscaping, sidewalk or handicap ramp prior to the installation of electrical lines in an
area that interferes with the installation of the electrical line installation, the Developer
shall be responsible for the cost of removal and replacement of those items and any
associated street repairs.
2. Schedule of water lines to be installed out of sequence.
Not Applicable.
3. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
4. Schedule of street improvements to be installed out of sequence.
Not Applicable
5. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
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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 permit therefor, or (3) any change in
grade, contour or appearance of the Property caused by, or on behalf of, the Developer
with the intent to construct improvements thereon.
B. All water lines, sanitary sewer collection lines, storm sewer lines and
facilities, streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on
the Final Development Plan Documents and in full compliance with the standards and
specifications of the City on file in the office of the City Engineer at the time of approval
of the utility plans relating to the specific utility, subject to a three (3) year time limitation
from the date of approval of the site specific development plan. In the event that the
Developer commences or performs any construction pursuant hereto after the passage
of three (3) years from the date of approval of the site specific development plan, the
Developer shall resubmit the utility plans to the City Engineer for reexamination. The
City may then require the Developer to comply with the approved standards and
specifications of the City on file in the office of the City Engineer at the time of the
resubmittal.
C. No building permit for the construction of any structure within the Property
shall be issued by the City until the public water lines and stubs to each lot, fire
hydrants, electrical lines, sanitary sewer lines and stubs to each lot, and public streets
(including curb, gutter, and pavement with at least the base course completed) serving
such structure have been completed and accepted by the City. No building permits
shall be issued for any structure located in excess of six hundred and sixty feet (660')
from a single point of access, unless the structures contain sprinkler systems that are
approved by the Poudre Fire Authority.
D. Any water lines, sanitary sewer lines, storm drainage lines, electrical lines,
and/or streets described on Exhibit 'A," attached hereto, shall be installed within the
time and/or sequence required on Exhibit "A." If the City Engineer has determined that
any water lines, sanitary sewer lines, storm drainage facilities and/or streets are
required to provide service or access to other areas of the City, those facilities shall be
shown on the Final Development Plan Documents 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 Final Development Plan
Documents and other approved documents pertaining to this Development on file with
the City.
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EXHIBIT "B"
Not Applicable
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EXHIBIT "C
MAINTENANCE GUARANTEE:
The Developer heireby warrants and guarantees to the City, for a period of two (2) years
from the date of completion and first acceptance by the City of the public improvements
warranted hereunder, the full and complete maintenance and repair of the public
improvements constructed for this Development. This warranty and guarantee is made
in accordance with the City of Fort Collins Land Use Code and/or the Transitional Land
Use Regulations, as applicable. This guarantee applies to the streets and all other
appurtenant structures and amenities lying within the rights -of -way, easements and
other public properties, including, without limitation, all curbing, sidewalks, bike paths,
drainage pipes, culverts, catch basins, drainage ditches and landscaping. Any
maintenance and/or repair required on utilities shall be coordinated with the owning
utility company or city department.
The Developer shall maintain said public improvements in a manner that will assure
compliance on a consistent basis with all construction standards, safety requirements
and environmental protection requirements of the City. The Developer shall also correct
and repair, or cause to be corrected and repaired, all damages to said public
improvements resulting from development -related or building -related activities. In the
event the Developer fails to correct any damages within thirty (30) days after written
notice thereof, then said damages may be corrected by the City and all costs and
charges billed to and paid by the Developer. The City shall also have any other
remedies available to it as authorized by this Agreement. Any damages which occurred
prior to the end of said two (2) year period and which are unrepaired at the termination
of said period shall remain the responsibility of the Developer.
REPAIR GUARANTEE:
The Developer agrees to hold the City of Fort Collins, Colorado, harmless for a five (5)
year period, commencing upon the date of completion and acceptance by the City of the
public improvements constructed for this Development, from any and all claims,
damages, or demands arising on account of the design and construction of public
improvements of the Property shown on the approved plans and documents for this
Development; and the Owner furthermore commits to make necessary repairs to said
public improvements, to include, without limitation, the roads, streets, fills,
embankments, ditches, cross pans, sub -drains, culverts, walls and bridges within the
right-of-way easements and other public properties, resulting from failures caused by
design and/or construction defects. This agreement to hold the City harmless includes
defects in materials and workmanship, as well as defects caused by or consisting of
settling trenches, fills or excavations.
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Further, the Developer agrees that the City shall not be liable to the Developer during
the warranty period, for any claim of damages resulting from negligence in exercising
engineering techniques and due caution in the construction of cross drains, drives,
structures or buildings, the changing of courses of streams and rivers, flooding from
natural creeks and rivers, and any other matter whatsoever on private property. Any
and all monetary liability occurring under this paragraph shall be the liability of the
Developer.
The obligations of the Developer pursuant to the "maintenance guarantee" and 'repair
guarantee" provisions set forth above may not be assigned or transferred to any other
person or entity unless the warranted improvements are completed by, and a letter of
acceptance of the warranted improvements is received from the City by, such other
person or entity.
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09/28/2003 12:51 9702234671 WESTERNPROPERTYADVIS PAGE 02
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that WESTERN VII INVESTMENT,
LLC, a Delaware Limited Liability Company ("Principal"), does
hereby make, constitute and appoint WESTERN PROPERTY ADVT•SORS,
INC., a Colorado Corporation ("Attorney -in -Fact") of the City of
For:. Collins, County of Larimer, State of Colorado, its true and
lawful Attorney -in -Fact for it and in its name, place and stead,
to sell, convey, assign, transfer, exchange, purchase, acquire,
encumber or otherW4se deal with and/or to contract for the sale,
purchase, exchange, conveyance, assignment, encumbrance and/or
transfer of, and/or any interest in and to, that real property
situate in Larimer County, Colorado, and more particularly
described on Exhibit "A" attached hereto and incorporated herein
by this re£e:rence (the "Property").
Said Attorney -in -Fact is authorized to sign plats,
development agreements, and such other development documents as
may be required by any governmental agency having jurisdiction
over. the Property, and is furthermore authorized to contract for
the sale, purchase, conveyance, transfer and exchange of, or grant
option to acquire, the Property; to execute and deliver real.
estate listing agreements, brokerage agreements, agency and/or
broker disclosures or disclaimers, .leases, subleases, lease and
other assignments, all closing documents, endorsements of proceeds
checks, settlement statements, proration agreements, disclosure
documents, assumption agreements, agreements, deeds (including
warranty deeds, special warranty deeds, bargain and sale deeds
and/or quit claim deeds) bills of sale, promissory notes, deeds of
trust and mortgages, and assignments, extensions and/or releases
thereof, security agreements, financing statements, collateral
assignments, assignments of insurance policies, covenants,
conditions and restrictions, title curative affidavits, mechanic's
lien and possessory affidavits, affidavits of non -foreign status,
certificates of :taxpayer identification number, State of Colorado
income tax withholding forms, easements and rights -of -way,
together with amendments, modifications, cancellations,
terminations or supplements to any and all such documents, and any
and all other documents evidencing or affecting an interest in
real property, to any person, or persons, .for such amount or
amounts, and upon such terms and conditions, as said.
Attorney -in -Fact nay deem proper, and in Principal's name, to
make, execute, acknowledge and deliver 'the aforementioned
documents, together with all other instruments or documents
necessary to effect the sate, purchase, conveyance, transfer,
exchange or encumbrance of the Property,
I. Principal grants to said Attorney -in -Fact full power
and authority to perform all acts to be done in and about the
premises as herein described as it could do if personally present.
09/28/2003 12:51 9702234671 WESTERNPROPERTVADVIS PAGE 03
2. Attorney-i.n-Fact is authorized to sell purchase,
convey, transfer, exchange and encumber the Property, or any
portion of the Property, to or from any person or persons or to
any entity or entities, for such amount or amounts, and upon such
terms and conditions, as the Attorney -in -Fact may deem proper, and
in Principal's name, to make, execute, acknowledge, and deliver
the aforementioned documents, together with all other instruments
or documents necessary to affect the sale, purchase, conveyance,
exchange, transfer_ or encumbrance of. the Property or any portion
of the Property.
3. All rights, powers and authority of said
Attorney -in -Fact to exercise any and all of the rights and powers
herein created shall commence and be in full force and effect at
8:00 a.m., Fort Collins, Colorado time, on the date hereof; and
such rightz, powers and authority shall remain in full force and
effect hereafter until 5:00 p.m., Fort Collins, Colorado time, one
(1) year from the date hereof.
09/28/2003 12:51 9702234671 WESTERNPROPERTYADVIS PAGE 04
IN WITNESS WHEREOF, I have signed this Power of Attorney on
this day of f, 2003.
WESTERN VII INVESTMENT, LLC
a Delaware Limited Liability Company
By: .< �I
Timothy L. H i and, President
STATE OF CONNECTICUT )
COUNTY OF HARTFORD ) ss SIMS6uIZ�
The foregoing Power of Attorney was acknowledged before me
this :P�16'F'� day of 2003, by Timothy L. Haviland
as President of WESTERN VII INVESTMENT LLC, a Delaware Limited
Liability Company.
WITNESS my hand and official seal.
My commission expires:jutw 30 200<
Notary Public
SPECIMEN SIGNATURE OF AGENT:
WESTERN PROPERTY ADVISORS, INC.
By:
Jkn.� yWhitaker, Prside t
(PIFUM "115103) 3
09/29/2003 12:51 9702234671 WESTERNPROPERTVADVIS PAGE 05
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE POWER OF ATTORNEY FROM
WESTERN VII INVESTMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY
("PRINCIPAL") TO WESTERN PROPERTY ADVISORS, INC., A COLORADO CORPORATION
("ATTORNEY -IN -FACT").
Legal Description of the Property
PARCEL I:
Lots 2 and 3, Harmony School Shops, First Filing,
County of Larimer, State of Colorado.
PARCEL II:
Lot 1 and Tract A, Harmony School Shops, Second
Filing, County of Larimer, State of Colorado.
A tract of land located in the West Half of the
5outhwest Quarter of Section 32, Township 7 North,
Range 68 West of the 6th Principal Meridian, City of
Fort Collins, County of Larimer, State of Colorado,
being more particularly described as follows:
Considering the South line of the Southwest Quarter of
said Section 32 as bearing South 89038'02" East with
all bearings contained herein relative thereto:
Commencing at the Southwest corner of said Section 32;
thence along said South line of the Southwest Quarter,
South W 38'02" East, 832.31 feet; thence, North
00'2:L'58" East, 30.00 feet to the POINT OF BEGINNING,
said point also being on the North right-of-way line
of Harmony Road and the Southeast corner of Harmony
School Shops First Filing; thence along the Easterly
and Northerly lines of said Harmony School Shops First
Filing by the following four (4) courses and
distances, North 00004'44" East, 160.05 feet; thence,
North 89055'16" West, 518.52 feet; thence, North
00'04'44" East, 174.50 .feet; thence, North 89°55116"
West, 2.01 feet to the Southeast corner of Timberline
Farmer Cornerstone, P.U.D.; thence along the East line
Of said P.U.D., North 00004144" East, 206.85 feet to a
point: on the South right-of-way line of Milestone
Drive; thence along the Southerly line of said
Milestone Drive and along a non -tangent curve concave
to the Northwest having a central angle of 54034110"
with a radius of 274.00 feet, an arc of 260.96 feet
and the chord of which bears North 56036132" East,
251.21 feet; thence North. 29°19'28" East, 12.78 feet
to a point on Tract A, Harmony School Shops, Second
Filing; thence along the Southerly line of said Tract
09/28/2003 12:51 9702234671 WESTERNPROPERTYADVIS PAGE 06
A, South 57'28'52" East, 57.03 feet; thence North
45'04'44" East, 42.39 feet; thence South 89055116"
East, 125.34 feet; thence South 00004'44" West, 9.00
feet; thence South 44055'16" East, 11.31 Peet; thence
South 89'55'16" East, 127.36 feet, thence South
44'55116" East, 32.85 feet; thence South 89055'16"
East, 6.90 feet; thence South 00'04'28" West, 80.77
feet to the Northwest corner of Lot 1, Harmony School
Shops, Second Filing; thence along the West line of
said Lot 1, South 44058'50" West, 33.58 feet; thence
South 00004'44" west, 385.61 feet; thence along the
South line of said Lot 1, South 89'55116" East, 451.49
feet to a point on the East line of the West Half of
the Southwest Quarter; South 00002'55" West, 162.55
feet to the North right-of-way line of Harmony Road;
thence along said North right-of-way line, North
89038102" West, 492.07 feet to the Point of Beginning.
County of Larimer,
State of Colorado.
IHF&M 09/17/037
HARMONY SCHOOL SHOPS 4TH FH ING
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this elry day of
of 2006, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation,
("City"), and AVG Harmony, LLC, a Delaware limited liability company, ("Developer"), is an
amendment to that certain Development Agreement dated April 22, 2004 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 presently desire to modify 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 are hereby acknowledged, the
parties hereto agree to amend the terms and conditions of the Development Agreement as
follows:
A. Subheading Il (Special Conditions) Paragraph M.I shall be replaced with the following
paragraph to read as follows:
1. Phase I as specified on the Final Development Plan Documents is intended
for the construction of public and private infrastructure related to future development of
subsequent phases. Future phases of development may be subject to additional infrastructure
improvement requirements which will be evaluated in conjunction with an associated minor or
major amendment (as applicable). Additional requirements with the evaluation of said amendment
may include, but shall not be limited to: plan revisions, drainage reports, traffic reports, erosion
control deposits, inspection fees, infrastructure security, and further amending of the
Development Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first
above written.
THE CITY OFF RT COLLINS, COLORADO,
a Municipal Corp ation
By:
City an er
v
CITY CLERK �% SEAL
APPROVED AS TO CONTENT:
+drCit ngin r
jAPPRO, AS O FORM:
Deputy City Attorney
DEVELOPER:
AVG Harmony, LLC,
a Delaware lied liability company
0
F. Street improvements shall not be installed until all utility lines to be placed
therein have been completely installed, including all individual lot service lines (water
and sewer) leading in and from the main to the property line and all electrical lines.
G. The installation of all utilities shown on the Final Development Plan
Documents shall be inspected by the Engineering Department of the City and shall be
subject to such department's approval. The Developer agrees to correct any
deficiencies in such installations in order to meet the requirements of the plans and/or
specifications applicable to such installation. In case of conflict, the Final Development
Plan Documents shall supersede the standard specifications.
H. Developments constructed with privately maintained streets shall be
constructed to the same design standards as those constructed on similar public rights -
of -way (ROW). Public easements shall be provided for access, utilities and drainage as
required by the design and location of such infrastructure and as reflected on the plans.
Alignment and grades on privately maintained streets and drives shall allow for safe
access, ingress and egress by owners, visitors, the general public and public safety
officials and equipment, as approved by the City Engineer.
I. All storm drainage facilities shall be so designed and constructed by the
Developer as to protect downstream and adjacent properties against injury and to
adequately serve the Property (and other lands as may be required, if any). The
Developer shall meet or exceed the minimum requirements for storm drainage facilities
as have been established by the City in its Drainage Master Plans and Design Criteria.
The Developer, for itself and its successor(s) in interest, does hereby indemnify and
hold harmless the City from any and all claims that might arise, directly or indirectly, as
a result of the discharge of injurious storm drainage or seepage waters from the
Property in a manner or quantity different from that which was historically discharged
and caused by the design or construction of the storm drainage facilities, except for (1)
such claims and damages as are caused by the acts or omissions of the City in
maintenance of such facilities as have been accepted by the City for maintenance; (2)
errors, if any, in the general concept of the City's master plans (but not to include any
details of such plans, which details shall be the responsibility of the Developer); and (3)
specific written or otherwise documented directives that may be given to the Developer
by the City. The City agrees to give notice to the Developer of any claim made against
it to which this indemnity and hold harmless agreement by the Developer could apply,
and the Developer shall have the right to defend any lawsuit based on such claim and to
settle any such claim provided Developer must obtain a complete discharge of all City
liability through such settlement. Failure of the City to give notice of any such claim to
the Developer within ninety (90) days after the City first receives a notice of such claim
under the Coloradlo Governmental Immunity Act for the same, shall cause this indemnity
and hold harmless agreement by the Developer to not apply to such claim and such
failure shall constitute a release of this indemnity and hold harmless agreement as to
such claim. Approval of and acceptance by the City of any storm drainage facility
design or construction shall in no manner be deemed to constitute a waiver or
relinquishment by the City of the aforesaid indemnification. The Developer shall engage
3
Development Construction Permit, Page 415
EXHIBIT "A"
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Harmony School Shops 4'h Filing
City Staff Contact Persons:
Development Engineer:
Construction Inspector:
Marc Virata / City of Fort Collins Engineering
281 N. College Avenue / Fort Collins, CO 80524
970 221-6605
Lance Newlin / City of Fort Collins Engineering
281 N. College Avenue / Fort Collins, CO 80524
970 416-2011
Current Planner: Ted Shepard / City of Fort Collins Current Planning
281 N. College Avenue / Fort Collins, CO 80524
970 221-6750
Sanitary Sewer Engineer: Roger Buffington /City of Fort Collins Utilities
700 Wood Street / Fort Collins, CO 80521
970 221-6854
Erosion Control Inspector: Bob Zakely / City of Fort Collins, 700 Wood
Street, Fort Collins, CO 80521
970 221-6063
Natural Resources: Karen Manci / City of Fort Collins, 281 North
College Avenue, Fort Collins, CO 80522
970 221-6310
Traffic Operations: Eric Bracke / City of Fort Collins, 625 Linden
Street, Fort Collins, CO 80524
970 224-6062
Street closures: Syl Mireles / City of Fort Collins, 625 Linden
Street, Fort Collins, CO 80524
970 221-6815
Transportation Planning: Dave Averill / City of Fort Collins, 215 N
Mason Street, Fort Collins, CO 80524
970 416-2643
Transportation Services
Engineering Department
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: OLQ - 3 S Issuance Date: J 46_
Project Name: Harmony School Shops 4`h Filing
Project Location: north side of Harmony Road east of Timberline Road
Permittee: _ Scott Wieczorek, Dicon
City and developer contacts: See attached Exhibit "A" for names and phone numbers of all
contact persons for this project.
Fees: Permit Application Fee (paid at the time of application) $ 400.00 nd
Construction Inspection Fee (paid prior to issuance of this permit) $ 6.87A00
Total $ _ 7.216.00
Development Bond or other approved security:
Amount of security deposited with the City to guarantee the completion of all public
improvements to be constructed as shown on the approved plans for the development.
$177,067.00
Form of security deposited with the City: letter of credit
PERFORMANCE REQUIREMENTS OF THIS PERMIT:
1, The Permittee shall be responsible to require their Project Engineer to incorporate into all design
drawings and specifications the certification of all materials testing by an Engineer. The Permittee
shall have an Engineer prepare revised design drawings and secure City approval for all revisions to
the Utility Plans and related documents. The Permittee shall have an Engineer represent, as required
by the City in the Development Agreement, that the improvements are constructed in conformance
with the approved Utility Plans and the standards and specifications of the City. The Permittee shall
provide "as -constructed" plans prepared by an Engineer prior to the City's acceptance of the
constructed public improvements. (All references above to the terms "Project Engineer" and
"Engineer" shall mean a Professional Engineer licensed in Colorado.)
2. All contractors who perform work on this project must be bonded and licensed in conformance
with City requirements.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378
www.fcgov.com
Development Construction Permit, Page 2/5
3. Construction time restrictions:
4. The applicant understands that additional permits maybe required for this development project
and the applicant shall secure those permits directly from the issuing departments.
5. This permit, along with a complete set of all approved plans and documents for this project
(utility plans, site plan, landscape plan, development agreement, soils report, pavement design, traffic
study, drainage report, plat easements and any other official documents), shall be kept on the
development site available for use by City staff doing inspections.
6. Permit Expiration (in accordance with Section 29-12 of the Transitional Land Use Regulations or
Section 2.6.3(K) of the Land Use Code, whichever is applicable):
a. If construction has not begun within sixty (60) days from the date of issuance of this
permit, this permit shall expire and the applicant will forfeit the Permit fee paid for this
permit, whereupon the applicant must re -apply for a new permit.
b. In addition, this permit shall expire one year from the date of issuance. The applicant
may apply for an extension by reapplication at least two weeks prior to the expiration date.
Such application shall contain information sufficient to justify the granting of the extension.
An extension may be granted for up to six months.
7. Building permits and certificates of occupancy will only be issued when all conditions contained
in the Development Agreement and Sections 3.3.2(C) and (D) of the Land Use Code or Sections 29-
678 and 29-679 of the Transitional Land Use Regulations, whichever is applicable, are met. If the
Development Agreement does not specify times for completion of public improvements, or if there is
no Development Agreement, then the improvement requirements specified in Section 24-95 of the
City Code shall apply, which provides that construction of all improvements shall be required prior
to the time of issuance of the first building permit.
8. Acceptance by the City of the public improvements shall be after (1) final inspection has been
conducted by the City; (2) punch list items from the final inspection are completed and accepted by
the City; and (3) required certifications from the licensed professional engineer that improvements
are completed to City standards, specifications and approved Utility Plans; and the "as -constructed"
plans have been received and accepted by the City.
9. The warranty on street improvements is for five (5) years from the date of acceptance by the City
of the completed improvements, in accordance with Sections 29-13 and 29-14 of the Transitional
Land Use Regulations and/or Sections 2.2.3(C)(3)(g), 3.3.1(C)(2), and 3.3.2(C) of the Land Use
Code, as applicable.
10. The City Erosion Control Inspector must be notified at least twenty-four (24) hours prior to any
planned construction on this project. All required perimeter silt fencing and other erosion/sediment
control best management practices (BMP's) that can be installed prior to construction must be in
Development Construction Permit, Page 3/5
place and inspected by the City Erosion Control Inspector before any land disturbing activity begins.
11. No work (including grading and construction access) shall be started in State Highway right-of-
way until a permit is issued by the Colorado Department of Transportation to allow such work to
begin.
12. Other conditions:
Permittee's acknowledgment signature:
By signing this permit I acknowledges that I am acting with the knowledge, consent, and authority of
the owners of the property (including all owners having legal or equitable interest in the real property, as
defined in Section 1-2 of the City Code; and including common areas legally connected to or associated
with the property which is the subject of this application) without whose consent and authority the
requested action could not lawfully be accomplished. Pursuant to said authority, I hereby permit City
officials to enter upon the property for purposes of inspection and, if necessary, to enter upon such
property to perform work required of the applicant if the applicant were to fail to perform the required
work. I also acknowledge that I have read this permit document with all its requirements and
conditions, and I agree to all of the terms and conditions so stated in this permit.
Applicant/Project Manager' s Signature: -- // ✓�%Date:
Approval for issuance:
City Engineer En ineer ApPro
Date: ti
(Permit Issuance Date)
Development Construction Permit, Page 5/5
Forestry: Tim Buchanan / City of Fort Collins, 281 North
College Avenue, Fort Collins, CO 80522
Light and Power: Doug Martine / City of Fort Collins, 700 Wood
Street, Fort Collins, CO 80521
970 224-6152
Developer' Contact Persons:
Owner/Developer: John Mountjoy
CFM Realty
209 S. 19`' St., Suite 500
Omaha, NE 68102
402 932-2000
402 932-2780 (fax)
402 968-7918 (cell)
imountjovnn cfinrealty.com
Project Engineer: Joe Sparone
JR Engineering
2620 E. Prospect Road, Ste 190
Fort Collins, CO 80525
970 491-9888
970 491-9984 (fax)
jsparone@jrengineering.com
Permittee/Applicant Scott Wieczorek
Project Manager/Contractor: Dicon Construction
11506 Nicholas Street, Ste. 200
Omaha, NE
402 934-2900
402 493-5549 (fax)
402 216-3386 (cell)
swieczorekna dcon-construction.com
Planner: Jason Holland
Cityscape Urban Design, Inc.
3555 Stanford Road, Suite 105
Fort Collins, CO 80525
970 226-4074
970 226-4196 (fax)
Jason@cityscapeud.com
09/27/2006 17:23 IFAH dicon@dicon-construction.com > Scott Wieczorek 2 008/009
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3-Y'07-
Transportation Development Review Fee Date Received/ Paid
�� � Total Amount Paid ,�as'o•vo
Project Name: ndrnao S
Project Location• H�Cn N &.r4 I_ F ""4xr j;"Date:
Type of Submittal
Please indicate the type of application submitted by checking the box
preceding the appropriate request(s).
Fee structure amount due
I Overall Development Plan (ODP) $500 each
I Final Development Plan (FDP)
This fee includes 2 rounds of review $1000 each
L Additional round of review $ 500 each
L Annexation $20 x_acres =+$250 =
E Minor Amendment $250 each
❑ Major Amendment $2,500 each
Re -zone $200 each
L Modification to Land Use Code $200 each
❑ Wireless Telecommunication Equipment (WTE) $65 each
I Road Projects acres (of roadway) X $250 =
I_ Vacation of Easement(s)*** # of vacations_ X$400=
L I Vacation of Right(s)-of-Way ** * # of vacations _ X $800 =
Dedication of Easement(s) and/or Right(s)-of-Way ** *
# of dedications X $250= z�J�
*** This fee does not include the cost of filing fees. Filing fees shall be
determined at the time of final document submittal and will be required prior
to filing.
I.. Project Development Plan (PDP) or Basic Development Review Project
requiring Transportation Services Review and/or utility plan review. This fee
includes 3 rounds of review.
Detached Single Family $160 per unit
# of units X St 60=
Multifamily or other residential units $115 per unit
# of units X $115 =
Commercial, Industrial, Retail, and/or Non residential
building square footage $0.25 per square foot
sq itX$0.25=
Size of the development (area being platted or if not being
platted size of parcel accompanying all development
improvements) $250 per acre acres X $ 250 =
Project fee $2,000 each $2.000
Total of above amounts
If this fee amount exceeds $30,000 then the fee amount shall be adjusted with
the following formula:
$30.000+ y (the amount over 30.000 _
The maximum fee for any residential ONLY project shall be $500 per
residential unit. This check should be used to verify the fee amount (does not
apply to mixed -use developments). PDP fee shall be the lesser of this amount
or the above calculated amount.
# of residential units X S500 =
Reduction for affordable housing — a copy of the City letter certifying/
authorizing the affordable housing shall be provided with this application.
Amount of reduction to be applied
Total owed for PDP S
Land Use Information:
Total number of single family detached units:
Total number of multifamily/other residential units:
Total number of certified affordable dwelling units (a copy
of the letter/ authorization is required):
Non residential building square footage: g,00> 2 sq it
Gross Acreage: acres
General Information:
Owners Name(s): �pQ
Street address:
La ! }s SQo
City/State/Zip: I` 6 _�G _(��z10}
Telephone:l�a� Fax:
Applicants/ Consultants Firm Name:
Contact: f •� cFtr�Jt �/
Street address: ] ( o G �f_ o z 4f I RA
City/State/ Zip: f4��e"eo_°AvwsN (0 6D6? ./
Telephone: QL__la__Fax`jg_.�- "I
Certification:
By signing this permit I acknowledge that I am acting
with the knowledge, consent, and authority of the
owners of the property (including all owners having
legal or equitable interest in the real property, as
defined in Section 1-2 of the City Code; and
including common areas legally connected to or
associated with the property which is the subject of
this application) without whose consent and authority
the requested action could not lawfully be
accomplished. Pursuant to said authority, I hereby
permit City officials to enter upon the property for
purposes of inspection.
i , cc ``
Name (please print): Are � S'.II "Je r �.r e
Signature:.�k.�.� its
Telephone: /?IP `1I I S g
cc: Christie White, Engineering
Development Review Engineering
t 1 `11,
Transportation Development Review Fee Date Received/ Paid 4 9 4
Total Amount Paid �TSD
CityCity of Fort
Project Name: u < L
Project Location.t t - - Date: 9 i
Type of Submittal
Please indicate the type of application submitted by checking the box
preceding the appropriate request(s).
Fee structure amount due
❑ Overall Development Plan (ODP) $500 each
Final Development Plan (FDP)
This fee includes 2 rounds of review $1000 each
G Additional round of review
S 500 each
❑ Annexation $20 x _ acres = _+ S250 =
❑ Minor Amendment
$250 each
❑ Major Amendment
$2,500 each
❑ Re -zone
$200 each
❑ Modification to Land Use Code
$200 each
❑ Wireless Telecommunication Equipment
(WTE) S65 each _
❑ Road Projects
acres (of roadway) X $250 =
0 Vacation of Easement(s) """
# of vacations _ X S400 =
❑ Vacation of Right(s)-of-Way """ # of vacations _ X $800
tX Dedication of Easements) and/or Right(s)-of-Way "««
# of dedications 1 X $250 = '25D
This fee does not include the cost of filing fees. Filing fees shall be
determined at the time of final document submittal and will be required prior
to filing.
❑ Project Development Plan (PDP) or Basic Development Review Project
requiring Transportation Services Review and/or utility plan review. This fee
includes 3 rounds of review.
Detached Single Family $160 perunit
_ # of units X SI60 =
Multifamily or other residential units Sl 15 per unit
_#of"its X$115=
Commercial, Industrial, Retail, and/or Non residential
building square footage $0.25 per square foot
sgftX$0.25=
Size of the development (area being platted or if not being
platted size of parcel accompanying all development
improvements) $250 per acre acres X $ 250 =
Project fee $2,000 each �2
Total of above amounts
If this fee amount exceeds $30,000 then the fee amount shall be adjusted with
the following formula:
$30,000 + V: (the amount over 30,000
The maximum fee for any residential ONLY project shall be $500 per
residential unit. This check should be used to verify the fee amount (does not
apply to mixed -use developments). POP fee shall be the lesser of this amount
or the above calculated amount.
# of residential units X $500 =
Reduction for affordable housing — a copy of the City letter certifying/
authorizing the affordable housing shall be provided with this application.
Amount of reduction to be applied
Total owed for PDP $ " I N
Land Use Information:
Total number of single family detached units:
Total number of multifamily/other residential units:
Total number of certified affordable dwelling units (a copy
of the letter/ authorization is required):
Non residential building square footage: sq it
Gross Acreage: acres
General Information:
OwnersName(s):
Street address:
City/State/Zip:00Z-yL O81o2
Telephone:ltwi I .A*) Fax:
Applicants/ Consultants Firm Name:
biz j—,.a�nrr+r'!v�
Contact:.r,—;k,
Street address: At -t o J-=I wwI
W":VL Igo
City/State/Zip: '�:,-V (�ll',4f�, rr, 95505a5
Telephone:.1.19 St Pax:ca({0 �
Certification:
By signing this permit I acknowledge that I am acting
with the knowledge, consent, and authority of the
owners of the property (including all owners having
legal or equitable interest in the real property, as
defined in Section 1-2 of the City Code; and
including common areas legally connected to or
associated with the property which is the subject of
this application) without whose consent and authority
the requested action could not lawfully be
accomplished. Pursuant to said authority, I hereby
permit City officials to enter upon the property for
purposes of inspection.
Name (please print): Gf I k,
Signature
Telephone: / 7_�Q d
cc: Christie White, Engineering U
Development Review Engineering I�V
,1)\01
Transportation Development Review Fee Date Received/ Paid
;1, Total Amount Paid `�
Project Name: f/4'-1ym v Se%�> 1 Sl2�ps N �r k� q
Cityaf Fori Colons ) T , Date:0115106
Project Location: Go,rnar r� T �,-, ba- n e � i'�+M+•t`
Type of Submittal
Please indicate the type of application submitted by checking the box
preceding the appropriate request(s).
Pee structure amount due
Overall Development Plan (ODP) S500 each
Final Development Plan (FDP)
This tee includes 2 rounds of review $1000 each
Additional round of review $ 500 each
Annexation $20 x acres =+$250 =
Minor Amendment $250 each
Major Amendment $2,500 each
Re -zone $200 each
Modification to Land Use Code $200 each
Wireless Telecommunication Equipment (WTE) $65 each
Road Projects acres (of roadway) X $250 =
Vacation of Easements) *** # of vacations _ X $400=
Vacation of Right(s)-of-Way *** # of vacations _ X $800 =
Dedication of Easements) and/or Right(s)-of-Way *** �
# of dedications 3 X $250 = 750
*** This fee does not include the cost of filing fees. Filing fees shall be
determined at the time of final document submittal and will be required prior
to filing.
Project Development Plan (PDP) or Basic Development Review Project
requiring Transportation Services Review and/or utility plan review. This fee
includes 3 rounds of review.
Detached Single Family $160 per unit
# of units X $160 =
Multifamily or other residential units $115 per unit
# of units X $ 115 =
Commercial, Industrial, Retail, and/or Non residential
building square footage $0.25 per square foot
sq tt X $0.25 =
Size of the development (area being platted or if not being
platted size of parcel accompanying all development
improvements) $250 per acre acres X $ 250 =
Project fee $2,000 each
Total of above amounts 756)
If this fee amount exceeds $30.000 then the fee amount shall be adjusted with
the following formula:
$30.000 + y, (the amount over 30,000 _
The maximum fee for any residential ONLY project shall be $500 per
residential unit. This check should be used to verify the fee amount (does not
apply to mixed -use developments). PDP fee shall be the lesser of this amount
or the above calculated amount.
# of residential units X $500 =
Reduction for affordable housing - a copy of the City letter certifying/
authorizing the affordable housing shall be provided with this application.
Amount of reduction to be applied
Total owed for PDP 47f0
Land Use Information:
Total number of single family detached units: U o
I otal number of multifamily/other residential units: C2
Total number of certified affordable dwelling units (a copy :c
of the letter/ authorization is required):
Non residential building square footage: 0 3
Gross Acreage: Y_ / • acres
General Informs ion•
OwnersName(s):
a o
Street address: ? O.3
m
0
City/State/Zip: y idol /V f C00I612
Telephone6491 930,5XU Fax: '0l 3,1-7790
Applicants//CA
Consultants Firm Name:
sl l.Vl�j r%1c?41-1, t�5
Contact: G 5AI r"bYfG
Street address 16)LU e I r"5��-'t
City/State/Zip: /ry r' uolks
Telephone:(970)N41-9bb?b'Fax: `/7-0
Certification:
By signing this permit I acknowledge that 1 am acting
with the knowledge, consent, and authority of the
owners of the property (including all owners having
legal or equitable interest in the real property, as
defined in Section 1-2 of the City Code; and
including common areas legally connected to or
associated with the property which is the subject of
this application) without whose consent and authority
the requested action could not lawfully be
accomplished. Pursuant to said authority, I hereby
permit City officials to enter upon the property for
purposes of inspection.
Name (please print), /J6 f�jOG+ e ,OAK She
Signature: // ( ��L
Telephone: l o l - 190e
cc: Christie White, Engineering
Development Review Engineering
a Colorado licensed professional engineer to design the storm drainage facilities as
aforesaid and it is expressly affirmed hereby that such engagement shall be intended
for the benefit of the City, and subsequent purchasers of property in the Development.
J. The Developer shall pay storm drainage basin fees in accordance with
Chapter 26, Article VII of the City Code. Storm drainage improvements eligible for
credit or City repayment under the provisions of Chapter 26 are described together with
the estimated cost of the improvements on the attached Exhibit "B," which
improvements, if applicable, shall include right-of-way, design and construction costs.
See Section II.C, Special Conditions, Storm Drainage Lines and Appurtenances, for
specific instructions.
K. The Developer shall provide the City Engineer with certified Record Plan
Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of
the construction. Utilities will not be initially accepted prior to as -built drawings being
submitted to and approved by the City of Fort Collins.
L. The Developer specifically represents that to the best of its knowledge all
property dedicated (both in fee simple and as easements) to the City associated with
this Development (whether on or off -site) is 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 property as is dedicated to the City
pursuant to this Development, is in compliance with all such requirements pertaining to
the disposal or existence in or on such dedicated property of any hazardous
substances, pollutants or contaminants, as defined by the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended, and
regulations promulgated thereunder. The Developer, for itself and its successor(s) in
interest, does hereby indemnify and hold harmless the City from any liability whatsoever
that may be imposed upon the City by any governmental authority or any third party,
pertaining to the disposal of hazardous substances, pollutants or contaminants, and
cleanup necessitated by leaking underground storage tanks, excavation and/or backfill
of hazardous substances, pollutants or contaminants, or environmental cleanup
responsibilities of any nature whatsoever on, of, or related to any property dedicated to
the City in connection with this Development, provided that such damages or liability are
not caused by circumstances arising entirely after the date of acceptance by the City of
the public improvements constructed on the dedicated property, except to the extent
that such circumstances are the result of acts or omissions of the Developer. Said
indemnification shiall 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 property dedicated to the City in connection with this
Development. The City agrees to give notice to the Developer of any claim made
against it to which this indemnity and hold harmless agreement by the Developer could
apply, and the Developer shall have the right to defend any lawsuit based on such claim
and to settle any such claim provided Developer must obtain a complete discharge of all
City liability through such settlement. Failure of the City to give notice of any such claim
4
to the Developer within ninety (90) days after the City first receives a notice of such
claim under the Colorado Governmental Immunity Act for the same, shall cause this
indemnity and hold harmless agreement by the Developer to not apply to such claim
and such failure shall constitute a release of this indemnity and hold harmless
agreement as to such claim.
M. The Developer acknowledges and agrees that the City, as the owner of
any adjacent property (the "City Property") on which off -site improvements may be
constructed, or that may be damaged by the Developer's activities hereunder, expressly
retains (and does not by this Development Agreement waive) its rights as property
owner. The City's rights as owner may include without limitation those -rights
associated with the protection of the City Property from damage, and/or the
enforcement of restrictions, limitations and requirements associated with activities on
the City Property by the Developer as an easement recipient.
II. Special Conditions
A. Water Lines
Not Applicable
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. All on -site and off -site storm drainage improvements associated
with this Development, as shown on the Final Development Plan Documents, shall be
completed by the Developer in accordance with said Final Development Plan
Documents prior to the issuance any certificate of occupancy. Completion of
improvements shall include the certification by a professional engineer licensed in
Colorado that the drainage facilities which serve this Development have been
constructed in conformance with said Final Development Plan Documents. The off -site
storm line to the north of the detention pond that serves this Development that was
previously built by the previous property owner shall be included in the certification for
this Development. Said certification shall be submitted to the City at least two weeks
prior to the issuance of any certificate of occupancy in this Development.
2. The Developer shall be responsible for maintaining the structural
integrity and operational functions of all drainage facilities throughout the build -out of
this Development. If at any time following certification (as required pursuant to
paragraph one (1) above) of said drainage facilities and during the construction of
structures and/or lots within this Development the City reasonably decides that said
drainage facilities no longer comply with the Final Development Plan Documents, the
5
City shall give written notice to the Developer of all items which do not comply with the
Final Development Plan Documents. Unless the Developer successfully appeals the
decision of non-compliance, it shall bring such facilities back up to the standards and
specifications as shown on the Final Development Plan Documents. Failure to maintain
the structural integrity and operational function of said drainage facilities following
certification shall result in the withholding of the issuance of additional building permits
and/ or certificates of occupancy until such drainage facilities are repaired to the
operational function and structural integrity which was approved by the City.
3. The Developer agrees to provide and maintain erosion control
improvements as shown on the Final Development Plan Documents to stabilize all over -
lot grading in and adjacent to this Development. The Developer shall also be required
to post a security deposit in the amount of $18,079.50 prior to beginning construction to
guarantee the proper installation and maintenance of the erosion control measures
shown on the Final Development Plan Documents. Said security deposit(s) shall be
made in accordance with the criteria set forth in the City's Storm Drainage Design
Criteria and Construction Standards (Criteria). If, at any time, the Developer fails to
abide by the erosion control provisions of the Final Development Plan Documents or the
erosion control provisions of the Criteria after receiving notice of the same or an
emergency situation exists which would reasonably require immediate mitigation
measures, then, in either event, and notwithstanding any provisions contained in
paragraph III(J) to the contrary, the City may enter upon the Property for the purpose of
making such improvements and undertaking such activities as may be necessary to
ensure that the provisions of said plans and the Criteria are properly enforced. The City
may apply such portion of the security deposit(s) as may be necessary to pay all costs
incurred by the City in undertaking the administration, construction, and/or installation of
the erosion control measures required by said plans and the Criteria. In addition, the
City shall have the option to withhold building permits and certificates of occupancy, as
stated in Paragraph III.D of this Agreement, as it deems necessary in order to ensure
that the Developer installs and maintains the erosion control measures throughout the
build -out of this Development.
4. It is important that all lots be graded to drain in the configuration
shown on the Final Development Plan Documents. For this reason the following
additional requirernents shall be followed for all buildings/structures on all lots:
Prior to the issuance of a certificate of occupancy for any lot or building
the Developer shall provide the City with certification that the lot and or the
building have been graded correctly. This grading certification shall
demonstrate that the lot or building finish floor elevation has been built in
accordance with the elevation specified on the Final Development Plan
Documents. The certification shall also show that the minimum floor
elevation or minimum opening elevation for any building constructed is in
compliance with the minimum elevation as required on the Final
Development Plan Documents. The certification shall demonstrate as well
that any minor swales adjacent to the building or on the lot have been
graded correctly and in accordance with the grades shown on the Final
Development Plan Documents. The certification shall also show that the
elevations of all corners of the lot are in accordance with the elevations
shown on the Final Development Plan Documents. Said certification shall
be completed by a Colorado licensed professional engineer and shall be
submitted to the City at least two weeks prior to the date of issuance of the
desired certificate of occupancy.
5. The Developer shall obtain the City's prior approval of any changes
from the Final Development Plan Documents in grade elevations and/or storm drainage
facility configuration that occur as a result of the construction of houses and/or
development of lots, whether by the Developer or other parties. The City reserves the
right to withhold the issuance of building permits and certificates of occupancy for this
Development until the City has deemed such changes as being acceptable for the safe
and efficient delivery of storm drainage water.
6. The drainage design for this Development provides for the
evacuation of storm drainage runoff in a reasonable amount of time out of the water
quality and detention facilities and into the drainage outfall system. The water quality
and detention facilities have been designed to discharge stormwater runoff from
frequent storms over a 40 hour period through a small diameter outlet. Under the
intended operation of the water quality and detention pond, there will not be standing
water in the pond more than 48 hours after the end of a rainfall event. If, during or
within 2 years after construction and acceptance of the detention facilities associated
with this Development, surfacing or standing water conditions persist in these facilities;
and if such conditions are beyond what can be expected in accordance with the
approved stormwater design, the Developer shall promptly, upon such discovery, install
an adequate de -watering system in the detention facilities. Such a system shall be
reviewed and approved by the City prior to installation.
7. The Developer shall be responsible for maintenance of all storm
drainage facilities that are constructed outside of the public right-of-way except for the
storm line coming off of Harmony Road and draining into the detention pond, and the
on -site detention pond. Both of these will be maintained by the City upon certification
and acceptance of these facilities by the City. The Developer shall provide the City
with a minimum two-year warranty on all installed and relocated trees and plantings
within the detention pond.
8. The Developer shall limit the construction of the off -site storm
drainage improvement lines to the "limits of development" as delineated on the Final
Development Plain Documents. The limits of development shall be delineated in the
field with a construction fence and said fence shall be installed prior to the
commencement of any grading or construction activity. The contractor shall re -seed
and restore all areas that are disturbed during construction of the off -site storm drainage
improvements in accordance with the Final Development Plan Documents promptly
following the conclusion of construction activities.
D. Streets.
1. Subject to the conditions of this Agreement, the City agrees to
reimburse the Developer for oversizing public street improvements along Harmony
Road for those portions of said street abutting the Property as shown on the Final
Development Plan Documents. Reimbursement for Harmony Road shall be for
oversizing the sidewalk from local (access) standards to major arterial standards. The
City shall make reimbursement to the Developer for the aforesaid oversized street
improvements in accordance with Section 24-112 of the Code of the City. The
Developer agrees and understands that the City shall have no obligation to make
reimbursement payments for street oversizing unless funds for such payments shall first
have been budgeted and appropriated from the Street Oversizing Fund by the City
Council; and the Developer further understands that to the extent that funds are not
available for such reimbursement, the City may not, in the absence of the Developer's
agreement, require the construction, at the Developer's expense, of any oversized
portion of streets not reasonably necessary to offset the traffic impacts of the
Development. The Developer does hereby agree to construct the aforesaid oversized
street improvements with the understanding that the Developer may not be fully
reimbursed by the City for the cost of such construction. The Developer further agrees
to accept payment in accordance with Section 24-112 (d) of the Code of the City as full
and final settlement and complete accord and satisfaction of all obligations of the City to
make reimbursements to the Developer for street oversizing expenses. It is anticipated
by the City that the City's reimbursement, in accordance with Section 24-112 (d), would
not be less than fifty percent (50%) of the Developer's actual expenses incurred and will
be calculated in accordance with the formula as set forth in Section 24-112 (d).
2. It is understood that the improvements that are to be constructed in
the public right -of' -way as described in this Section II(D) are "City improvements" (as
defined below) arid, as such, any contract for the construction of the same must be
executed in writing. If the cost of such improvements exceeds the sum of Thirty
Thousand Dollars ($30,000), the contract for the construction of the same must be
submitted to a competitive bidding process resulting in an award to the lowest
responsible bidder; and evidence must be submitted to the City prior to the
commencement of the work showing that the award was given to the lowest responsible
bidder. If the cost: of such improvements exceeds Fifty Thousand Dollars ($50,000), the
contract for the construction of the improvements must be insured by a performance
bond or other equivalent security. For purposes of this paragraph, the term "City
improvements" shall mean either (1) existing improvements owned by the City that are
to be modified or reconstructed, or (2) any improvements funded in whole or in part by
the City.
3. The Developer agrees to reimburse the City the sum of
$270,213.40, as provided below for the cost to construct Timberline Road and Milestone
Drive adjacent to the Harmony School Shops PUD plus a percentage added to
recognize the effects of inflation. The Developer shall make reimbursement to the City
as each lot is developed based upon the proportion that such lot is to the total size of
8
the Harmony School Shops PUD (totaling 720,134 square feet). The inflation factor
shall be calculated using the construction cost index for Denver as published in the
Engineering News Record (ENR) of August, 1997, and the same index published in the
ENR in the month preceding payment of the reimbursement. Payment shall be made to
the City prior to the issuance of any building permit for such lot.
4. The Developer agrees to reimburse the City the sum of
$126,060.58, plus a percentage added to recognize the effects of inflation, for the cost
to construct Harmony Road adjacent to the Property. The inflation factor shall be
calculated using the construction cost index for Denver as published in the Engineering
News Record (ENR) of May, 2002, and the same index published in the ENR in the
month preceding payment of the reimbursement. Payment shall be made to the City
prior to the issuance of the first building permit in the Development.
5. a. The Developer is responsible for constructing the temporary
sidewalk connection that connects the Development to the main driveway into the
neighboring mobile home park property as shown on the Final Development Plan
Documents. Since the Developer is responsible for the construction but unable to
obtain the legal right to construct said connection, the Developer agrees to provide an
escrow of funds in the amount of $23,431.00 to cover the cost of the construction of the
sidewalk connection. The escrow of funds shall be deposited with the City in the form of
cash, bond, non -expiring letter of credit or other form of City approved security sufficient
to guarantee completion of the construction. Said amount shall be deposited with the
City prior to the issuance of any building permit for this Development and shall relieve
the Developer from any further obligation to the City for construction of said connection.
b. Except as provided in the following paragraph, any interest
earned by the City as a result of said deposit shall be the property of the City to cover
administration and inflation in order to better assist the City in making reimbursement
to the party that constructs said improvements.
C. Upon receipt of the Developer's deposit, the City will pursue
negotiations with the mobile home park property in order to obtain the legal right to
construct said connection. In the event the deposit is made in cash and either: (a) said
escrow is not used within a seven (7) year period, or (b) the Developer is the party that
constructs said improvements, (and upon completion of said improvements and
acceptance of them by the City) the City shall return to the Developer the amount
deposited plus any interest earned by the City as a result of said deposit, less 3% of the
total amount remaining, (which includes said amount deposited plus the interest earned
by the City) to be kept by the City to cover its costs for administration of said deposits.
d. If at such time the mobile home park property were to
develop and construct a permanent sidewalk connection, the Developer shall not be
entitled to a reimbursement from the mobile home park property for the funds escrowed
because the sidewalk connection required for this development is only a temporary
improvement. It is understood that the developer will have no obligation for the cost of a
W