HomeMy WebLinkAboutFAIRBROOKE THIRD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMFNT AGREEMENT
THIS AGREEMENT, made and entered into this /V day of A.D.
1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corpo-
ration, hereinafter referred to as "the City," and Great Northern Invest-
ment Ccrnpany, A Colorado Partnership, hereinafter referred to as "the
Developer,"
TarrTlFcc 9ru .
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 Third Filing, A Subdivision of Tract
F, Fairbrooke S.I.D. and located in the Northeast 1/4 of
Section 21, T. 7 N., R. 69 W. of the 6th P. M., City of Fort
Collins, Larimer County, Colorado.
TWHEREAS, the developer desires to develop said property and has sub-
mitted 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 util.-
ity 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
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 declarinq_ 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
enuity. 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 fcr the non -defaulting
party's reasonable attorneys' fees and costs incurred by
reason of default. [nothing herein shall be construed to
prevent or interfere with the City's rights and remedies
specified in Paragraph 3 E of this Agreement.
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ATTEST
City Clerk
APPROVED:
C y En . n e e r
GEC
City Attorney
THE CITY OF FORT COLLINS, COLORADO
A Munici al Corporation
By: C
City Manager
Great ^.orthern Investment Cunpany,
a Colorado Partnership
y
John Robinson Piersal Wheeler,
By:
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FYurRrrr "All
1. Schedule of water lines to be installed out of sauuence.
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. Storm drainage improvements to be installed out of sequence.
Not applicable.
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EXHIBIT "B"
The Development Agreement for Fairbrooke Subdivision Third Filing.
This Exhibit does not apply for this development.
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVE(-1ENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
I TEM
D':SCRIPTION
1. Storm sewer, manholes, end sections, etc.
( a)
(b)
(c)
( d)
Sub -Total
QUANTITY UNIT COST TTTAL CAST
Ea.
Ea.
S
Ea.
Ea.
S
5
2. Channel excavation, detention pond
excavation and riprap
(a) C.Y. $ /C.Y. S
(b) C.Y. S /C.Y. $
C.Y. 5 /C.Y. 5
Sub -Total -
5
EXHIBIT B - Page 2
ITEM
DESCRIPTION
Right-of-way & easement acquisition
Sub -Total
4. Professional Design
(a}
Other
QUA"1TITY__ _U,'IIT COST TOTAL COST
S.F. S /S.F. S
Ac. S /Ac. $
$
Lump Sum $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
S
Prepared by: Title:
Address:
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 submitted by the Developer subject to certain requirements and
conditions which involve the installation of and construction of utili-
ties and other municipal improvements in connection with said lands.
NOW, - THEREFORE, in consideration of the prcmises 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. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the subject prop-
erty described above. for the pu Moses of this Agreement,
"development activities" shaLl include, but not be limited,
to the following: (1) The actual construction of improve-
ments, (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 stan-
dards 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)
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year time limitation from the date of execution of this
agreement. In the event that the Developer commences or per-
forms 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.
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 and streets (with
at least the base course completed) serving such structure
have been completed and accepted by the City. No building
permits shall Py� issued for any structure .located in excess
of six hundred sixty feet (660' ) 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 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.
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E. Except as otherwise herein speci.`. ically 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, hikeways and other public
improvements required by this development as shown on the
plat, utility and landscape plans, on file with the City.
F. 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
line.
G. The installation of all utilities shown on the utility draw-
ings shall be inspected by the Engineering Division of the
City and shall be subjected 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 drawings shall supersede the
standard specifications.
H. A11 storm drainage facilities shall be so designed and con-
structed by the Developer as to protect downstream and adja-
cent properties against injury and to adequately serve the
property to be developed (and other lands as may be required,
if any). The Developer has met or exceeded minimum require-
ments for storm drainage facilities as have been established
by the City in its Drainage Piaster Plans and Desiqn Criteria.
The Developer does hereby indemnify and hold harmless the
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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 Ercr� the devolopment in a manner
or quantity different from that which was historically dis-
charged and caused b_y the design or construction of the storm
drainage.facilities, except for (1) such claims and damages
as are caused by the acts or missions of the City in mainte-
nance of such facilities as have been accepted by the City
for maintenance; (2)-rror�-, 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 City. Approval of and acceptance by the
City of any storm drainage facility resign or construction
shall in no manner be deemed to constitute a waiver or relin-
quishment by the City of the aforesaid indemnification. The
Developer shall engage a licensee 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 purchas-
ers of property in the development.
I. The Developer shall pay storm drainage basin fees in accor-
dance with Chapter 93 of the City Code. Storm drainage
improvements eligible for credit or City repayment under pro-
visions of Chapter 93 are described together with the esti-
mated cost of the improvements on the attached Exhibit "B",
which improvements shall include right of way, design and
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construction costs.
J. "he Developer shall provide the C;-,,i Engineer_ with certified
Record Utility Drawing Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the construc-
Lion.
2. Special Conditions.
A. Water lines.
Not Applicable
B. Sewer lines.
Not Applicable
C. Stour: drainage lines and appurtenances.
Not Applicable.
D. Streets.
The Developer and the City agree that there is no Street
Oversizing reimbursement due to the Developer from the City
for this development.
E. Outlots A and B.
The Developer and the City agree that the City shall not be
responsible for the maintenance of Outlots A and B which the
Developer plans to convey to the Poudre R-1 School District
upon completion of the of sidewalk and landscaping improve-
ments acceptable to the School District. The improvements of
Outlots A and B shall be completed prior to the issuance of
more than 20 Building Permits. If the aforesaid conveyance
does not occur, it shall be the r:-sponsibility of the Devel_-
open to maintain said outlot.s, either individually or, at the
Developer's option, by creation of an association of owners,
with power of assessment.
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 pub-
lic 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 constriction 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 equip-
ment, machinery, and surplus materials from the public right-
of -way. The Developer further agrees to maintain the fin-
ished street surfaces free from dirt caused by his operation.
Any excessive accumulation of dirt and/or construction mate-
rials 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
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such streets within two (2) days after _receipt of written
notice, the City may have the streets cleaned at the Pevel-
oper's expense and the Developer :-hall be responsible 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
erodeable earth material exposed at any one time shall not exceed
200,000 square feet for earthworks operations. Temporary or
permanent erosion control shall incorporated into the sub-
division at the earliest practicable time. By way of explana-
tion and without limitation, said control may consist of
seeding of approved grasses, temporary dikes, gabions, 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 r_eplat subsequently
filed by the Developer, and the City may withhold such build-
ing permits and certificates of occupancy as it deems neces-
sary 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
M:2
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 nr constni(-1 to be a waiver of any
subsequent breach hereof.
H. Financial obligations o` the City of Fort Collins payable
after the current fiscal year and;/or not appropriated or bud-
geted are contingent upon funds for that purpose being apnr_o-
priated, budgeted and otherwise made available.
I. This Agreement shall run with the roal property herein above
described and shall be bindinj 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 he limited to,
assignment of any portion of the Developer's proprietary
interest in the real property herein after described, as well
as any assignment of the Developer's rights to develop such
property under the terms and conditions of this Agreement.
J. In the event the Developer herein after 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 terns and conditions of
this Agreement occurring after the date of any such transfer
of interest.
K. Each and every term and condition of this Agreement shall be
deemed to be a material element thereof. In the event either
party shall fail or refuse to perform according to the terms
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