HomeMy WebLinkAboutENGLISH RANCH FOURTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of_nl .:
199 "/, by and between the CITY OF FORT COLLINS, COLORAEPJ:,_ a
Municipal Corporation, hereinafter referred to as the "City" ._
BARTRAN & COMPANY, INC., a Colorado corporation, hereina'"4:r�7-i,
referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the Owner of certain pr:_�;p,e.,rty
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situated in the County of Larimer, State of Colorado,
referred to as the "Property") and legally described as followfi - .y_
wit:
THE ENGLISH RANCH SUBDIVISION, FOURTH FILING, situate in
the Northeast 1/4 of Section 32, Township 7 North, Range
68 West of the Sixth P.M., City of Fort Collins, County
of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop the Property and. as
submitted to the City a subdivision plat and/or a site plan W d
landscape plan, a copy of which is on file in the office of the
Director of Engineering and made a part hereof by reference; <z`+�t::
WHEREAS, the Developer has further submitted to the A y
utility plans for the Property, a copy of which is on file
office of the Director of Engineering and made a part here, slit'
reference; and
WHEREAS, the parties hereto have agreed that the develtp",4ft
of the Property will require increased municipal services
City in order to serve such area and will further requir(ti +�=�e
installation of certain improvements primarily of benefit t.[5''�
lands to be developed and not to the City of Fort Collins Axa
.
whole; and
WHEREAS, the City has approved the subdivision plat �C,71 /or
site plan and landscape plan submitted by the Developer sub, ,''# t0
certain requirements and conditions which involve the instalY '�ion
of and construction of utilities and other municipal improve,;,,,.,sn
in connection with the Property.
NOW, THEREFORE, in consideration of the promises o '+-'h
parties hereto and other good and valuable consideration;"+_is:e
receipt and adequacy of which is hereby acknowledged, it is
as follows: s
I . General Conditions ENGINEERING DEPT. NOTE:
THIS REPRESENTS THE BEST
QUALITY IMAGE POSSIBLE TAKEN
FROM VERY POOR QUALITY
ORIGINALS
EXHIBIT "A"
1. Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to be installed out of
sequence.
Not Applicable.
3. Schedule of street improvements to be installed out of
sequence.
Not Applicable.
4. Schedule of storm drainage improvements to be installed out
of sequence.
Not Applicable.
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EXHIBIT "B"
NOT APPLICABLE
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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 building permit therefor, or (3)
Any change in grade, contour or appearance of said 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 approved utility plans
and in full compliance with the Council -approved standards and
specifications of the City on file in the office of the Director of
Engineering 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 execution of this Agreement. In the
event that the Developer commences or performs any construction
pursuant hereto after three ( 3 ) years from the date of execution of
this agreement, the Developer shall resubmit the project utility
plans to the Director of Engineering for reexamination. The City
may require the Developer to comply with approved standards and
specifications of the City on file in the office of the Director of
Engineering at the time of resubmittal.
C. No building permit for the construction of any structure
within the development shall be issued by the City until the water
lines, fire hydrants, sanitary sewer lines and streets (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 sixty
feet (6601) from a single point of access.
D. If the Director of Engineering 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 utility plans 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 plat, site, landscape
and utility plans, and other approved documents pertaining to this
development on file with the City.
F. Street improvements (except curbs, gutters and walks)
shall not be installed until all utility lines to be placed therein
have been completely installed, including all individual lot
service liner leading in and from the main to the property line.
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G. The installation of all utilities shown on the utility
plans 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 utility
plans shall supersede the standard specifications.
H. 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 has met or
exceeded the minimum requirements for storm drainage facilities as
have been established by the City in its Drainage Master Plans and
Design Criteria. The Developer does hereby indemnify and hold
harmless the City from any and all claims that might arise,
directly or indirectly, as a result of the discharge of injurious
storm drainage or seepage waters from the development in a manner
or quantity different from that which was historically discharged
and caused by the design or construction of the storm drainage
facilities, except for (1) such claims and damages as are caused by
the acts or omissions of the City in maintenance of such facilities
as have been accepted by the City for maintenance; (2) errors, if
any, in the general concept of the City's master plans (but not to
include any details of such plans, which details shall be the
responsibility of the Developer); and (3) specific directives that
may be given to the Developer by the City. Approval of and
acceptance by the City of any storm drainage facility design or
construction shall in no manner be deemed to constitute a waiver or
relinquishment by the City of the aforesaid indemnification. The
Developer shall engage a licensed professional engineer to design
the storm drainage facilities as aforesaid and it is expressly
affirmed hereby that such engagement shall be intended for the
benefit of the City, and subsequent purchasers of property in the
development.
I. The Developer shall pay storm drainage basin fees in
accordance with Chapter 26, Article VII of the City Code.
J. The Developer shall provide the Director of Engineering
with certified Record Plan Transparencies on Black Image Diazo
Reverse Mylars upon cdmpletion of any phase of the construction.
K. The Developer specifically represents that all portions of
the Property dedicated to the City associated with this development
are 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 portions of the Property as are dedicated to the City
pursuant to this development, are in compliance with all such
requirements pertaining to the disposal or existence in or on such
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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 does hereby
indemnify and hold harmless the City from any liability whatsoever
that may be imposed upon the City by any governmental authority,
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 pursuant to this development. The
Developer further agrees to indemnify and hold harmless the City
from any claims or actions based directly, indirectly or in any
manner on any of the aforementioned environmental risks brought
against the City by third parties arising as a result of the
dedication of portions of the Property to the City pursuant to this
development. Said indemnification shall 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 portions of the Property
dedicated to the City pursuant to this development.
II. Special Conditions
A. Water Lines
Not Applicable
B. Sewer Lines
1. The Developer shall reimburse the City the sum of
$5,507.80 plus an inflation factor for the cost of installation of
the 10" and 12" sanitary sewer line in Antelope Road included
within this development. The inflation factor shall be calculated
based upon the Construction Cost Index for Denver as published in
the Engineering News Record of May 11, 1992. Said reimbursement
shall be paid. prior to the issuance of the first building permit.
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and
off -site storm drainage improvements (including the temporary off -
site swale along the east boundary of the Property) shall be
completed by the Developer in accordance with the approved plans
prior to the issuance of more than 18 building permits. Completion
of improvements shall include the certification by a licensed
professional engineer that the drainage facilities which serve this
development have been constructed in conformance with said approved
plans.
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2. The Developer agrees to provide and maintain erosion
control improvements as shown on the approved utility plans to
stabilize all over -lot grading in and adjacent to this development.
The Developer is also required to post a security deposit in the
amount of $17,957.25 prior to beginning construction of this
development to guarantee the proper installation and maintenance of
the erosion control measures shown on the approved Plan. Said
security deposit shall be made in accordance with the criteria set
forth in the Storm Drainage Design Criteria and Construction
Standards.
3. Lots 200 through 204 abut certain storm drainage
facilities and it is agreed that it is of the utmost importance
that no storm water from said facilities enters houses built on
said lots. In order to provide the assurance that houses built on
said lots are constructed at an elevation that said storm water
cannot enter, the approved utility plans contain specifications for
the minimum elevation for any opening to each such house. Prior to
the issuance of a certificate of occupancy for each of said lots
the Developer shall provide certification from a licensed
professional engineer that the lowest opening to any such house is
at or above the minimum elevations required on said utility plans.
D. Streets.
1. Subject to the conditions of this Agreement, the City
agrees to reimburse the Developer for oversizing public street
improvements along Horsetooth Road for those portions of said
street abutting the Property as shown on the approved utility
plans. Reimbursement for Horsetooth Road shall be for oversizing
the street from residential standards to arterial standards. The
City shall make reimbursement to the Developer for the aforesaid
oversized street improvements in accordance with Section 24-121 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 24-121 (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 24-121 (d), would not be less than fifty
5
percent (50%) of the Developer's actual expenses incurred and will
be calculated in accordance with the formula as set forth in
Section 24-121 (d).
2. It is understood that the streets to be constructed
as described in this Section II(D) are "city improvements" and, 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 Fifteen Thousand Dollars ($15,000), 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.
3. The Developer is obligated to complete street
improvements in Horsetooth Road adjacent to this development as
shown on the approved utility plans. Said improvements shall be
completed prior to the issuance of more than 18 building permits.
E. City Code References
1. All references in this Section II. of this Agreement
to specific Sections of the City Code shall be interpreted to mean
those Sections as they exist at the time of application for
reimbursement:; it being understood that said Sections may be
amended from time to time by the City Council and may even be
assigned different Section numbers.
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 Director of
Engineering in accordance with the City's "Work Area Traffic
Control Handbook" and shall not remove said safety devices until
the construction has been completed and approved by the Director of
Engineering.
B. The Developer shall, at all times, keep the public right-
of-way free from accumulation of waste material or rubbish caused
by the Developer's operation; shall remove such rubbish no less
than weekly and; at the completion of the work, shall remove all
such waste materials, rubbish, tools, construction equipment,
machinery, and surplus materials from the public right-of-way. The
Developer further agrees to maintain the finished street surfaces
so that they are free from dirt caused by the Developer's
operation. Any excessive accumulation of dirt and/or construction
materials shall be considered sufficient cause for the City to
withhold building permits and/or certificates of occupancy until
N.
the problem is corrected to the satisfaction of the Director of
Engineering. 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.
C. The Developer hereby insures that its subcontractors shall
cooperate with the city's construction inspectors by ceasing
operations when winds are of sufficient velocity to create blowing
dust which, in the inspector's opinion, is hazardous to the public
health and welfare.
D. The Developer shall, pursuant to the terms of this
Agreement, complete all improvements and perform all other
obligations, required herein, as such improvements or obligations
may be shown on the original plat and related documents, or any
replat as subsequently filed by the Developer, and the City may
withhold such building permits and certificates of occupancy as it
deems necessary to ensure performance hereof.
E. Nothing herein contained shall be construed as a waiver of
any requirements of the City Code, and the Developer agrees to
comply with all requirements of the same.
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. Financial obligations of the City of Fort Collins payable
after the current fiscal year and/or not appropriated or budgeted
are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available.
H. This; Agreement shall run with the Property and shall be
binding upon the parties hereto, their 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 real or
proprietary 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 City hereby agrees to release said Developer 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
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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 five (5) days within which to cure said default. In
the event the default remains uncorrected, the party declaring
default may elect to: (a) terminate the Agreement and seek damages;
(b) Treat the Agreement as continuing and require specific
performance or; (c) avail itself of any other remedy at law or
equity.
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 I 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.
ATTEST:
CI`T'Y CL
� l
APPROVED AS TO CONTEN':
Dir ctor of'Engin eri
APPRO D AS TO FORM:
W
City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Muni pal Corporation
%J
By
City Manager
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DEVELOPER:
BARTRAN & COMPANY,INC.,
a Colorado Corporation
am Bart an President
ATTES1°:
BY:
LeeAnn B. Mill, Secretary