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HomeMy WebLinkAboutWOODWARD TECHNOLOGY CENTER - Filed DA-DEVELOPMENT AGREEMENT - 2013-09-05SUPPLEMENTAL DEVELOPMENT AGREEMENT FOR GRADING 1 A as THIS AGREEMENT is made and entered into this �g day of 2k013, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and WOODWARD, INC., a Delaware Corporation, hereinafter referred to as the "Developer". WITNESSETH: WHEREAS, the Developer is the owner of certain real property situated in County of Larimer, State of Colorado, (hereafter sometimes referred to as the "Property" or "Development" or "Development Site" and legally described as follows, to wit: Woodward Technology Center, located in the southeast quarter of Section 12, Township 7 North, Range 69 West of the 6th P.M. and southwest quarter of Section 7, 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 the plats, plans, reports and other documents of the sort and to the extent required for the approval of a final grading and erosion control plan according to the City's development application submittal requirements master list (the "Final Development Plan Documents"); and WHEREAS, approval and filing of the grading and erosion control plans only vests the project as it relates to the grading of the Development Site; and WHEREAS, the Development requires the placement of substantial amounts of fill material and the Developer has obtained an immediate source of fill material which is available for application on the Development Site; and WHEREAS, the purpose of this agreement and its related final development plan documents is to authorize only the placement of fill on the Development Site and, to authorize the grading ofthe same. 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: 1. The terms of this Agreement shall govern only overlot cut and fill grading, associated demolition, the placement of fill upon the Development Site, the grading ofthe fill, and the procedures for delivery ofthe fill to the site. This Agreement shall not be deemed to authorize any other work to be done upon the Development Site in pursuance ofthe development plan. 2. The Developer shall be authorized to perform grading work upon the Development Site, as is provided in the approved Grading and Erosion Control Plan upon the issuance of a Development Construction Permit ("DCP') for the Development Site. The following shall be provided and/or obtained prior to the issuance ofthe DCP: • Erosion Control Security provided to the City. RECEPTION#: 20130066887, 08/29/2013 at 03:21:57 PM,1 OF 5, R $31.00 TD Pgs: 0 Cleft Office, Fort Collins, Colorado Angela Myers, Clerk 8, Recorder, Larimer County, CO • Floodplain Use Permit obtained. • Tree Mitigation Security provided to the City. • Copy of the approved permit from the Army Corps of Engineers for filling of the wetlands. 3. The Developer shall be authorized to import fill dirt and structural building pad material upon the Development Site upon approval by the City of the haul route for delivery of the fill to the Development Site. The Developer shall submit information on the fill dirt source and the proposed haul route for delivery of the fill to the City for review and approval. 4. All Mucks delivering fill materials shall comply with the size, weight and load restrictions as set out in Section 18 ofthe Model Traffic Code as amended pursuant to Section 28-17 (14.10) through (18) ofthe City Code and all fill cargo shall be fully tarped and covered. The first ten (10) loads shall be weighed, and all subsequent loads shall be subject to periodic weighing as determined by the City Inspector. Such weight shall be verified at the Contractor's expense by the use of a State certified portable scale. 5. if night lighting is utilized at the Development Site, such lighting shall be described in a lighting plan satisfactory to the City and no such lighting shall be used until such lighting plan has been approved by the City Engineer. 6. Prior to the placement of any fill within the existing or f ibm City rights -of -way, the fill material must first be approved by the City Engineer. In order for such fill material to be approved it shall (1) be tested for swell and R-value and approved by the City Engineer prior to use in the right-of-way; (2) have an R-value and plasticity index equal to or greater than the subgrade material within the right-of-way; (3) not have a liquid limit greater than 40 or a plasticity index greater than 20; and (4) be flee of hazardous or regulated contaminants or characteristics of concern to the City. Upon approval, all placement of fill in existing or future rights -of -way of the City shall be performed in accordance with Engineering Standards satisfactory to the City, and shall be inspected and tested. 7. The fill material shall be graded by the Developer upon delivery to the Development Site fully in accordance with the approved Grading and Erosion Control Plan. 8. All construction access to the Development Site for placing or grading of the fill material shall be taken off of Lemay Avenue in the location(s) shown on the approved Final Development Plan. 9. Fencing around the Development Site shall be allowed and, if installed, shall be installed as shown on the approved Final Development Plan Documents. The temporary fencing shall be allowed to be placed within the right-of-way on Lemay Avenue and Lincoln Avenue behind the edge of pavement as shown on the approved Final Development Plan Documents and shall not block the visibility of or interfere with any traffic control signs. Upon completion ofthe grading vwrk in the right-of-way and prior to the start of any other site work and/or the City starting work on the adjacent roadway the perimeter fencing in and/or adjacent to Lemay Avenue and Lincoln Avenue shall be relocated and placed at least five (5) feet behind the right-of-way. 10. The Developer agrees to cause to be provided and maintained, erosion control improvements as shown on the approved Grading and Erosion Control Plans incorporated herein by this refer rice, to stabilize all over - lot grading in and adjacent to this Development The Developer shall also be required to cause a security deposit to be posted in the amount of $156,750.00 ("Security Deposit") prior to beginning construction to guarantee the proper installation and maintenance of the erosion control measures shown on the approved Grading and Erosion Control Plans. Said security deposit(s) shall be made in accordance with the criteria set forth in the City's Storm Drainage Criteria and Construction Standards ("Criteria'). lf� at any time, the Developer fails to abide by the provisions of the approved Grading and Erosion Control Plans or the Criteria, the City may enter the Property for the purpose of making such improvements and undertalang 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, constriction, and/or installation of the erosion control measures required by said plans and the Criteria. If the Developer has not commenced construction of a structure or utility installation under the authority of a development construction permit within one month of completing the delivery of fill and grading of the same than the Developer shall seed and mulch the graded fill material or employ other approved erosion control procedures, as required pursuant to the approved Grading and Erosion Control Plans. 11. The Developer shall obtain a Floodplain Use Permit from the City of Fort Collins prior to commencing any construction activity within the Poudre River Floodplain Limits as delineated on the approved plans. All activities in this Development are subject to the requirements of Chapter 10 of the Fort Collins Municipal Code. An approved FEMA Conditional Letter of Map Revision (CLOMR) must be approved prior to start of construction in the floodway. An approved no -rise certification must accompany the floodplain use permit for construction elements within the floodway portion of the floodplain, including any construction fencing which must be designed to be break -away per the design on the plans. 12. All stockpiles mustbe located outside the floodway. Storage of any construction materials or equipment in the Poudre River floodway is expressly prohibited. In addition, floatable materials, including equipment, vehicles, and construction materials or debris, are not allowed to be stored overnight in the Poudre River floodplain. Violations of this requirement will be subject to the penalties outlined in Chapter 10 of the Fort Collins Municipal Code and subject to a Stop Work Order. 13. The Developer shall cause to be provided to the City a security deposit in the amount of $ 92,800.00 to cover the cost of the improvements and plantings as shown on the Tree Mitigation Plan which is a part of the Final Development Plan Documents. 14. 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. 15. 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) calendar 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. 16. The Developer hereby agrees that it will require its contractors and subcontractors to cooperate with the City's construction inspectors by ceasing operation when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is detrimental to the public health and welfare. a 17. All work performed under this Agreement shall be performed subject to the requirements of the Code of the City of Fort Collins and in compliance therewith. Specifically, but without limitation, all such work shall comply with the noise regulations and the dirt, debris and construction waste regulations as established in Chapter 20 of the Code of the City. 18. 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. THE CITY OF FORT COLLINS, COLORADO, a Mul rART Co .� •.2 ATTEST:. :,, , w pO City Clerk APPROVED AS TO CONTENT: he WW01�41ro- E. z 0 "! YEE t _ o W APPROVED AS TO FORM: Deputy City Attorney DEVELOPER: WOODWARD, INC., a Delaware Corporation By: V //-S ;j . �^. ut Steve Stiesmeyer, Director of Co orate Affairs