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HomeMy WebLinkAboutENGLISH RANCH - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day ofbi44y� 1991L-, by and between the CITY OF FORT COLLINS, COLORADO, as Municipal Corporation, hereinafter referred to as the "City"and BARTRAN & COMPANY, INC.,a Colorado Corporation, hereinafter referred to as; the "Developer". WITNESSETH: WHEREAS, the Developer is the Owner of certain property situated in the County of Larimer, State of Colorado, (hereafter referred to as the "Property") and legally described as follows, to wit: THE ENGLISH RANCH SUBDIVISION, FIRST FILING, situate in the Northeast: 1/4 of Section 32, Township 7 North, Range 68 West of the 6t:h P.M., Fort Collins, Larimer County, Colorado. WHEREAS, the Developer desires to develop the Property and has submitted to 'the City a subdivision plat and/or a site plan and landscape plan, a copy of which is on file in the office of the Director of Engineering and made a part hereof by reference; and WHEREAS, the Developer has further submitted to the City utility plans for the Property, a copy of which is on file in the office of the Director of Engineering 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 subdivision plat and/or site plan and landscape plan 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 is hereby acknowledged, it is agreed as follows: I. General Conditions A. The germs of this Agreement shall govern all development activities of the Developer pertaining to the Property. For the 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. 10 EXHIBIT "B" NOT APPLICABLE 11 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 specif ications 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. Any water lines, sanitary sewer lines, storm drainage 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 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 2 service lines leading in and from the main to the property line. 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 constructed by the Developer properties against injury and other lands as may be require exceeded the minimum requirem have been established by the Design Criteria. The Develi harmless the City from any directly or indirectly, as a storm drainage! or seepage wat or quantity different from tr and caused by the design or facilities, except for (1) suc the acts or omissions of the C as have been accepted by the anv. in the aenera1 concert o facilities shall be so designed and is to protect downstream and adjacent to adequately serve the Property (and 1, if any). The Developer has met or snts for storm drainage facilities as ;ity in its Drainage Master Plans and iper does hereby indemnify and hold and all claims that might arise, result of the discharge of injurious ers from the development in a manner at which was historically discharged construction of the storm drainage h claims and damages as are caused by ity in maintenance of such facilities City for maintenance; (2) errors, if the Citv'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. Storm drainage improvements eligible for credit or City repayment under the provisions of Chapter 26 are described together with 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. J. The Developer shall provide the Director of Engineering with certified Record Plan Transparencies on Black Image Diazo Reverse Mylars; upon completion 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 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 1. The Developer shall reimburse the City the sum of $28,431.23 plus an inflation factor for the cost of installation of the 16" water line in Horsetooth Road adjacent to the development. The inflation factor shall be calculated based upon the Construction Cost Index for Denver as published in the Engineering News Record of April 13, 1989. Said reimbursement shall be paid prior to the :issuance of the first building permit. 2. The Developer is required to construct an oversized water line in Kingsley Drive on the site of the development, as said line is shown on the approved utility plans. The City will pay the Developer for the oversizing of said line in accordance with and subject to the provisions of Section 26-371 of the City Code. 3. The Developer agrees to extend the "stub" water line from the existing 16-inch water line in Horsetooth Road (at the 4 intersection of Kingsley Drive) to the north approximately 45 feet. If the Developer submits a request for the reimbursement promptly upon completion of said waterline "stub" and submits, together with said request, all documentation as is required for water line oversizing repayments in accordance with Section 26-371 of the City Code, the City will fully reimburse the Developer for all costs reasonably associated with the construction of said "stub." B. Sewer Lines 1. The Developer is required to construct a sanitary sewer line in Antelope Road (extended) off the Site of this development, eastward to County Road 9, as shown on the approved utility plans. If the Developer complies with the provisions of Section 26-372 of the City Code, subject to the conditions and limitations oil said Section 26-372, The Developer will be entitled to reimbursement for the cost of construction of said line. It is also understood that the City will pay the Developer for the oversizing of said line, including the portion of said line that is located in Antelope Road (east of Kingsley Drive) on the site of this development, in accordance with and subject to the provisions of Section 26•-371 of the City Code. C. Storm Drainage Lines and Appurtenances 1. The Developer and the City agree that all on -site and off -site storm drainage improvements shall be completed by the Developer in accordance with the approved plans prior to the issuance of more than 27 building permits. Completion of these 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. 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 prior to beginning construction 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. 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 and Kingsley Drive 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 5 standards. Reimbursement for Kingsley Drive 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 Is reimbursement, in accordance with Section 24-121 (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 24-121 (d). 2. The Developer is obligated to complete street improvements in Horsetooth Road adjacent to this development. Said improvements shall be completed prior to the issuance of more than 27 building permits. 3. A temporary emergency access easement has been platted upon lot 100 of this development. No building permit shall be issued for the construction of any structure on said lot until a second point: of access is constructed and accepted by the City to replace the temporary emergency access on said lot. Said easement shall be vacated by the City upon the construction and City acceptance of said second point of access. 4. The Developer agrees to extend Antelope Drive from the west boundary of this development westward approximately 61 feet into the Fox Meadows Subdivision. Approximately 36 feet of said extension is new street, including grading, pavement, curb, gutter and walk, and approximately 25 feet is reconstruction of existing street, including pavement, curb, gutter and walk. If the Developer submits a request promptly opon completion and acceptance of said street; extension, and submits, together with said request, all documentation as is required for street oversizing repayments in accordance with Section 24-121 of the City Code, the City will fully reimburse the Developer for all costs reasonably associated with the construction of said street extension. 1 E. All references in this Section II. 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 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. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodible earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall be incorporated into the development at the earliest practicable time. By way of explanation and without limitation, said control may consist of seeding with approved grasses, temporary dikes, gabions, and/or other devices. 7 E. 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. F. 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. G. 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. H. 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. I. 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. J. 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 property owner shall be bound by the terms of this Agreement. K. 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 8 equity. L. 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.E of this Agreement. ATTEST: ItI � UU M-ta.CITY CLERK % Q, APPROVED AS TO C,ONTENT:�, DireEtor of Engineering i ;! APPROVE# AS TO FORM: City Attorney ATTEST: By: Secretary /� f A,)rc,h, J r THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: "Z&VS:_ c� City Manager DEVELOPER: BARTRAN & COMPANY,INC. a Colorado Corporation By: , William D. Bar an, President W*