HomeMy WebLinkAboutFAIRBROOKE SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this T l` day of May,
A.D. 1986, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred tom, as "the City," and WHEELER REALTY <<c= ►==i
corp@r-t+t$i , hereinafter referred to as "the Developer,"
I I TT Air- C`C`1-T1I.
WHEREAS, the Developer is the owner of certain property situate in
the County of Larimer, State of Colorado, and legally described as
follows, to -wit:
FAIRBROOKE SUBDIVISION, SECOND FILING, located in the North Half of
Section 21, Township 7 North, Range 69 West of the Sixth P.M., City
of Fort Collins, County of Larimer, State of Colorado.
WHEREAS, the developer desires to develop said property and has
submitted to the City a subdivision plat and/or a site plan, a copy of
which is on file in the Office of the City Engineer and made a part hereof
by reference: and
WHEREAS, the Developer has further submitted to the City a utility
plan for said lands, a copy of which is 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 said
lands 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 he 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
submitted by the Developer subject to certain requirements and conditions
which involve the installation of and construction of utilities and other
�yt
with the City's rights and remedies specified in Paragraph 3
E of this Agreement.
J A" %
City Clerk V
APPROVED AS TO FORM:
i
7
-City' eer
/ Ctyttorney
THE CITY OF FORT COLLINS, COLORADO
A Muni 1 1 Corpor do
By C
City Manager
CLARKSON-NEAL PARTNERSHIP D.B.A.
WHEE35ER-\REALTY of FORT COLLINS
avid G./Cla4kson, Partner
William L.,,N al, Partner
FXNTRTT "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 he installed out of sequence.
Not applicable.
4. Storm drainage improvements to be installed out of sequence.
See Paragraph 2.A.
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r i n r r 11 n 11
Thi exhibit does not apply to this Development
The Development Agreement for
FAIRBROOKE SECOND FILING
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM
DESCRIPTION
1. Storm sewer, manholes, end sections, etc.
Sub -Total
2. Channel excavation, detention pond
excavation and riprap
QUANTITY UNIT COST TOTAL COST
L.f.
/L.f.
$
L.f.
/L.f.
$
Ea.
Ea.
$
Ea.
Ea.
$
$
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. $
Sub -Total $
EXHIBIT B - Page 2
ITEM
3.
(a)
(b)
4.
(a)
DIESCRIPTION
Right-of-way & easement acquisition
Sub -Total
Professional Design
Other
QUANTITY
S.F. $
Ac. $
UNIT COST _ TOTAL COST
Lump Sum $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
Prepared by:
Address:
Title:
RCPTN # 86031159 06
J. ULVANG, RECORDER
" n /86
15: 12 : 14 #
OF PA -
1 FEE
-
dIMER
COUNTY, CO.
STATE DOC.
- $3.00
FEE-$.00
NOTICE
Please take notice that on May 19, 1986, the Planning and Zoning Board of
the City of Fort Collins, Colorado, approved the Final Plat known as
Fairbrooke Subdivision, Second Filing , which development was submitted and
processed in accordance with Section 118-83 of the Code of the City of Fort
Collins. The Final Plat of the subject property, out of which documents
accrue certain rights and obligations of the developer and/or subsequent
owners of the subject property, is on file in the office of the Clerk of
the City of Fort Collins.
The subject property is more particularly described as follows:
Being a portion of the north half of Section 21, Town-
ship 7 North, Range 69 West of the 6th P.M., City of
Fort Collins, County of Larimer, State of Colorado.
Secretary, P a ning and Zoning Board
City of Foy t Collins
Dated: � / 3 ,J-p
municipal improvements in connection with said lands.
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:
1. General Conditions.
A. All water lines, sanitary sewer collection lines, storm
sewer lines and facilities, streets, curbs, gutters,
sidewalks, and bi kepaths 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 City Engineer at the time of
approval of the utility plans relating to the specific
utility, subject to a two (2) 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 two (2) years from the date of execution of this
agreement, the Developer shall resubmit the project utility
plans to the City Engineer 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 City
Engineer at the time of resubmittal.
B. 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 and streets (with
at least the base course completed) serving such structure
have seen completed and accepted by the City. No building
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permits shall be issued for any structure located in excess
of six hundred sixty feet (660') from a single point of
access.
C. 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 City Engineer has determined that any
water lines, sanitary sewer lines, storm sewer 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.
D. Except as otherwise herein specifically agreed, the Developer
agrees to install and pay for all water, sanitary sewer and
storm sewer facilities and appurtenances, and all streets,
curbing, gutter, sidewalks, bikeways and other municipal
facilities necessary to serve the lands within the
development.
E. Street improvements (except curbing, gutter and walks) shall
not be installed until all utility lines to be placed therein
have been completely installed, including all individual lot
service lines leading in and from the main to the property
-i i ne.
F. The installation of all utilities shown on the utility
drawings shall be inspected by the Engineering Division of
the City and shall be subjected to such department's
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approval. The Developer agrees to correct any deficiencies
in such installations in order to meet the requirements of
the plans and/or specifications applicahle to such
installation. In case of conflict, the utility drawings
shall supersede the standard specifications.
G. 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 to be developed (and other lands as may he
required, if any). The Developer has met or exceeded 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 as may be given to the Developer by the
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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, subsequent purchasers of property in the
development and downstream and adjacent property owners
all of whom shall be third party beneficiaries of said
agreement between the Developer and Engineer.
H. The Developer shall pay storm drainage basin fees in
accordance with Chapter 93 of the City Code. Storm drainage
-improvements eligible for credit or City repayment under
provisions of Chapter 93 are described together with the
estimated cost of the improvements on the attached Exhibit
"B", which improvements shall include right of way, design
and construction costs. The basin fee payable by the
Developer shall be reduced by the estimated cost of said
eligible improvements. Upon completion of such eligible
improvements, the amount of such reduction shall he adjusted
,to reflect the actual cost. If the cost of the eligible
improvements constructed by the Developer and descrihed in
the above mentioned exhibit exceeds the amount of the storm
drainage fees payable for the development, the City shall
7eimburse the excess cost out of the Storm Drainage fund upon
completion of the improvements and approval of the
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construction by the City.
I. The Developer shall provide the City Engineer with certified
Record Utility Drawing Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the
construction.
2. Spec�!al Conditions.
A. Storm drainage lines and appurtenances.
All storm drainage improvements shall be completed by the
Developer and approved by the City prior to the issuance of
not more than 29 building permits.
3. Miscellaneous.
A. The Developer agrees to provide and install, at his 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
in accordance with the City's "Work Area Traffic Control
Handbook" and shall not remove said safety devices until the
construction has been approved by the City Engineer.
B. The Developer shall, at all times, keep the public right-
of-way free from accumulation of waste material or rubbish
caused by his 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. He further agrees to maintain the finished
street surfaces free from dirt caused by his operation. Any
excessive accumulation of dirt and/or construction materials
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shall be considered sufficient cause for the City to withhold
building permits and/or certificates of occupancy until
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 his expense and he shall be respon-
sible for prompt payment of all such costs.
C. The Developer hereby insures that his 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
erodahle earth material exposed at any one time shall not
exceed 200,000 square feet for earthworks operations.
^emporary or permanent erosion control shall be incorporated
_nto the subdivision at the earliest practicable time. By way
of explanation and without limitation, said control may
consist of seeding of approved grasses, temporary dikes,
gahions, and/or other devices.
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, or on any replat subsequently
Filed by the Developer, and the City may withhold such
building permits and certificates of occupancy as it deems
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necessary to ensure performance hereof. In addition, it is
agreed and understood between the developer and the City that
the City shall have the right to refuse issuance of building
permits and certificates of occupancy in the subject
development as the City, in its sole discretion, shall deem
necessary in order to insure performance by the Developer of
any other obligation the Developer may have to the City,
whether pursuant to other development agreements, or
otherwise.
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 real property herinabove
described and shall be binding upon the parties hereto, their
personal representatives, heirs, successors, grantees and
assigns. Assignment of interest within the meaning of this
paragraph shall specifically include, but not be limited to,
assignment of any portion of the Developer's proprietary
interest in the real property hereinafter described, as well
MOM
as any assignment of the Developer's rights to develop such
property under the terms and conditions of this agreement.
In the event the Developer hereinafter transfers title to
such real property and is thereby divested of all equitable
and legal interest in said 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.
J. Each and every term and condition of this Agreement shall be
deemed to be a maLerial element thereof. In the event either
party shall fail or refuse to perform according to the terms
of this Agreement, such party may be declared in default. In
the event a party has been declared in default hereof, such
defaulting party 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.
In the event of 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
attorneys' fees and costs incurred by reason of default.
Nothing herein shall be construed to prevent or interfere