HomeMy WebLinkAboutFREY LOTS 2 AND 3 LESS EAST 15 FEET LOT 2 - Filed DA-DEVELOPMENT AGREEMENT - 2006-11-30k r`c
DEVELOPMENT AGREEMENT
THIS AGREEMENT, is made and entered into this 26TN day of Xp,-IL
200-�-, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as the "City"; and Steve Boeche, an individual, and
Kathleen Boeche, an individual; hereinafter referred to as the "Developer."
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated in the
County of Larimer, State of Colorado, (hereafter sometimes referred to as the "Property"
or "Development") and legally described as follows, to wit:
Lots 2 and 3, Block 2, Less East 15 Feet Lot 2, Frey's of the City of Fort Collins
(The Inn at City Park), located in Section 10, Township 7 North, Range 69 West
of the 6th P.M.
WHEREAS, the Developer desires to develop the Property and has submitted to
the City all plats, 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 is agreed as follows:
General Conditions
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement,
"development 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.
II. Special Conditions
A. Streets
1. a. Prior to the issuance of a certificate of occupancy for the
Development, the Developer shall provide to the City a payment in the amount of
$9,400 to cover the cost of sidewalk improvements abutting Mountain Avenue and Frey
Street. The cost was determined from an estimate prepared by the Developer and
accepted by the City as described in Exhibit "A". Said payment shall relieve the
Developer from any further obligation to the City for construction of said sidewalk
improvements.
b. Except as provided in the following paragraph, any interest
earned by the City as a result of said payment 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 sidewalk improvements. The City reserves the right to
apply the payment towards a special improvement district to Mountain Avenue and/or
Frey Street specifically for sidewalk improvements to Mountain Avenue and/or Frey
Street abutting the property as described in paragraph 3 below.
C. If the Developer is the parry that constructs said sidewalk
improvements, (and upon completion of said sidewalk 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 deposit.
2. In accordance with Section 24-95 of the City Code the Developer is
responsible for designing and constructing the portion of Mountain Avenue, Frey Street,
and the alley abutting the property ("Frontage Improvements"). Notwithstanding the
foregoing the Developer shall have the option of postponing the design and construction
of the Frontage Improvements. If the Developer chooses postponement, then the
Developer shall upgrade the Frontage Improvements adjoining the property frontage to
City Standards at such time that the City requests the upgrade. Any such request by
the City shall be made either in conjunction with a City and/or private development plan
to improve additional adjoining sections of Frey Street and/or Mountain Avenue beyond
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the Frontage Improvements, or in conjunction with a plan to complete improvements to
Frey Street and/or Mountain Avenue within the general area. The City shall provide
notice to the Developer at least 60 days in advance of any City sponsored hearing,
meeting, or assembly concerning Frey Street and/or Mountain Avenue street
improvements contemplated for the general area as provided for in Paragraph III.N.
The Developer and the City agree that the "Frontage Improvements" described herein
shall not include construction costs for sidewalk abutting Mountain Avenue and Frey
Street, pursuant to the satisfaction of the obligation for payment of sidewalk
improvements set forth in paragraph 1 above.
3. The Developer agrees to not oppose the formation of a special
improvement district to fund improvements to Mountain Avenue and/or Frey Street. Any
assessment determined by the City and agreed upon by the Developer shall not include
construction costs for sidewalk along Mountain Avenue and Frey Street abutting the
property, pursuant to the satisfaction of the obligation for payment of sidewalk
improvements set forth in paragraph 1 above. Upon the City's receipt of payment(s)
from the Developer of an assessment for a special improvement district to Mountain
Avenue and/or Frey Street, said payment(s) shall relieve the Developer from any further
obligation to the City for Mountain Avenue and/or Frey Street (as applicable) pursuant to
the Frontage Improvements requirement set forth in paragraph 2 above.
4. No street oversizing reimbursement from the City is due the
Developer for this Development.
5. 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.
B. 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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III. Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the City Engineer and
Traffic Engineer in accordance with the City's "Work Area Traffic Control Handbook"
and shall not remove said safety devices until the construction has been completed.
B. As required pursuant to Chapter 20, Article IV of the City Code, the
Developer shall, at all times, keep the public right-of-way free from accumulation of
waste material, rubbish, or building materials caused by the Developer's operation, or
the activities of individual builders and/or subcontractors; shall remove such rubbish as
often as necessary, but no less than daily and; at the completion of the work, shall
remove all such waste materials, rubbish, tools, construction equipment, machinery,
and surplus materials from the public right-of-way. The Developer further agrees to
maintain the finished street surfaces so that they are free from dirt caused by the
Developer's operation or as a result of building activity. Any excessive accumulation of
dirt and/or construction materials shall be considered sufficient cause for the City to
withhold building permits and/or certificates of occupancy until the problem is corrected
to the satisfaction of the City Engineer. If the Developer fails to adequately clean such
streets within two (2) days after receipt of written notice, the City may have the streets
cleaned at the Developer's expense and the Developer shall be responsible for prompt
payment of all such costs. The Developer also agrees to require all contractors within
the Development to keep the public right-of-way clean and free from accumulation of
dirt, rubbish, and building materials.
C. The Developer hereby agrees that it will require its contractors and
subcontractors to cooperate with the City's construction inspectors by ceasing
operations when winds are of sufficient velocity to create blowing dust which, in the
inspector's opinion, is hazardous to the public health and welfare.
D. The Developer shall, pursuant to the terms of this Agreement, complete all
improvements and perform all other obligations required herein, as such improvements
or obligations may be shown on the Final Development Plan Documents, or any
documents executed in the future that are required by the City for the approval of an
amendment to a development plan, and the City may withhold (or to the extent
permitted by law, revoke) such building permits and certificates of occupancy as it
deems necessary to ensure performance in accordance with the terms of this
Development Agreement. The processing and "routing for approval" of the various
development plan documents may 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.
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E. Nothing herein contained shall be construed as a waiver of any
requirements of the City Code, Land Use Code, or Transitional Land Use Regulations
(as applicable) and the Developer agrees to comply with all requirements of the same.
F. In the event the City waives any breach of this Agreement, no such waiver
shall be held or construed to be a waiver of any subsequent breach hereof.
G. All financial obligations of the City arising under this Agreement that are
payable after the current fiscal year are contingent upon funds for that purpose being
annually appropriated, budgeted and otherwise made available by the Fort Collins City
Council, in its discretion.
H. This Agreement shall run with the Property and shall be binding upon and
inure to the benefit of the parties hereto, their respective personal representatives,
heirs, successors, grantees and assigns. It is agreed that all improvements required
pursuant to this Agreement touch and concern the Property regardless of whether such
improvements are located on the Property. Assignment of interest within the meaning
of this paragraph shall specifically include, but not be limited to, a conveyance or
assignment of any portion of the Developer's legal or equitable interest in the Property,
as well as any assignment of the Developer's rights to develop the Property under the
terms and conditions of this Agreement.
I. In the event the Developer transfers title to the Property and is thereby
divested of all equitable and legal interest in the Property, the Developer shall be
released from liability under this Agreement with respect to any breach of the terms and
conditions of this Agreement occurring after the date of any such transfer of interest. In
such event, the succeeding property owner shall be bound by the terms of this
Agreement.
J. Each and every term of this Agreement shall be deemed to be a material
element hereof. In the event that either party shall fail to perform according to the terms
of this Agreement, such party may be declared in default. In the event that a party has
been declared in default hereof, such defaulting party shall be given written notice
specifying such default and shall be allowed a period of ten (10) days within which to
cure said default. In the event the default remains uncorrected, the party declaring
default may elect to: (a) terminate the Agreement and seek damages; (b) treat the
Agreement as continuing and require specific performance or; (c) avail itself of any
other remedy at law or equity.
K. In the event of the default of any of the provisions hereof by either party
which shall require the party not in default to commence legal or equitable action
against 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.
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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: Steve and Kathleen Boeche
2236 Oak Ridge Drive
Carson City, NV 89703
With a copy to: Steve and Kathleen Boeche
1734 W Mountain Avenue
Fort Collins 80521-2345
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.
0. 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,
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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.
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City Clerk
APPROVED AS TO
City Engineer
APPROE AS TO FORM:
THE CITY OF FORT COLLIN , COLORADO,
a Municipal Corporatio
By: , Y
City nager
DEVELOPER:
Steve Boeche, an individual
By: 2;I %Q
athleen Boeche, an individual
17 06 01 : 24p
p.2
DEC CONCRETE
EXHIBIT "A" Phil Dec
420 Huntington Hills
Ft. Collins, CO 80525
Phone: (970) 988-4019
Fax:(866) 455-3393
Web site: decconcrete.com
CQNCFELS BID FOR:
Email: decconcrete@hotmail.com
SOW T2Clularscw -
JCL JUMMECTUPM
201 SOUTH COLD A9E
Ft W CDLLMS, CO 80524
Pam: (970) 224-5710
FAY: (970) 224-5715
Jos SITE:
1734 PAST 11001 MIT
FORT CGO'.,MS, CO 80524
SCOPE OF PORIC TO BE C01@7L"PED•
INSTALL =TT SIOEIAI,K: 1D9': 5^ PM CQTr CODE
INSTAM SICZPWZ1C: 190 x 4.E" PER CITT CDDE
4, 275. 00
INSTALL MMICAP RAW
11200.00
x2 =
z,`f00
$2, T15.00
TOTAL: $ 9,200.00
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