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HomeMy WebLinkAboutSOUTH MESA - Filed DA-DEVELOPMENT AGREEMENT - 2003-09-15DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this e day of L,r O '- 199"-'-, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and ALFALFA'S FC, 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 WEST 189 FEET OF LOT 23, SOUTH MESA SUBDIVISION, located in the SE 1/4 of Section 26, T7N, R69W, 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 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 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, e. All of -aid lines shall be installed at he sole expense of the Developer / O-Ycept 7k lw14j ` A'la& 41 >14A a(/"D�Id CdJ�" -� n�dfa.QQdug a 20-iMck OOt�rahet .rxoram+ �Ia�t Aa*L & /2-, ooeA 4ia4-m a Pox ffn&ki� A Ro•ad- f. The installation of said line shall be inspected by the Engineering Services Departn nt of the City and shall be subject to such department's ap- proval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 3. Sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary sewer collection lines shown on the utility plans, whether the sa , be on or off the subject property- b. such sanit :y sewer lines shall be installed in full compliance with the standard specifications of the City on file in the office of the City Fngineer relating to the installation of such lines. c. Leveloper understands and agrees that no building permit shall be issued by the City for any structure in the subdivision until the sanitary sewer line serving such structure is installed and accepted by the City. d. Any sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer detennines that any lines shoran in the utility plans are required to provide service to other areas of. the City, those lines shall be installed within the tiim_ determined by the City Engineer. e. All of said lines shall he installed at the sole expense of the Lh vel.ojx_r. -3- f. The installation of said lines shall be inspected by the Engineering Services Department of the City and subject to such departmant's approval. Developer agrees to correct any deficiencies in such installation in order to meet- the requirements of the plans and the specifications applicable to such installation. 4. Electric Lines and Facilities. The City Light and Power Department shall install all electric distribution lines and facilities required for the subject property and the Developer shall pay for such work in accordance with the established charges of the Light and Power Department. Such installation shall include all street lights required for the development. 5. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities sho.an on the utility plans. b. Such storm sewer lines and facilities shall be installed in full compliance with the standard specifications of the City on file in the office of the City Faigineer relating to the installation of such lines. c. Developer agrees to.,L/Icomplete the installation of detention facili- ties prior to 'lk ;Aaa"a- 0 Q A e V//11z G� U ;cd. All of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, chatter, sidewalks, and all adjacent properties. e. All of said facilities shall be installed at the sole expense of Developer, f.. The installation of all of such lines and facilities shall be in- sp2ctevl by the Engineering Services Department of the City and shall it subject to such department's approval. Developer agrees to uorrect any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 6. Streets. a. The Developer agrees to install all streets shown on the utility plans, complete with paving, curb, gutter and sidewalks. b. Such streets shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such streets. c. No building permit for the construction of any structure in the subdivision shall be issued by the City until the street providing access to the structures is improved with at least the gravel base required. Furthermore, no building permit shall be issued by the City for any structure located in excess of 660 feet from a single point of access. d. Any streets described on Exhibit A, attached hereto, shall be completely installed with the time required on Exhibit A. If the City Engineer determines that any streets shoc:ni on the utility plans are required to provide access to other areas of the City, those streets shall be installed within the time required by the City Engineer. e. All of said streets shall he installed at the sole expense of the Developer j2ya� 1�� RD�dflWOT Costv,/ caxw�tAV dnc�� #CW1Pt# Pond as ax cu2�eual ita%iac 14alf a .UVdC44rAl dIA�W, is+c2uduc� 11k2 eximb'exo,P coat 7' Wewm:t WOO 14aa a. f. Developer.agrees to correct any deficiencies in such installation in Wor to meet the requi.re!rents of the plans and the specifications applicable to such installation. g. Street improvements shall not be installed until all utility lines to be placed in Uh strcMs havo been completely installed and all services to -5- individual lots have yen installed from rain unlit lines to the property line. h. The Developer agrees to provide and install at his expense adequate h rricades, warning signs, or other devices on the dead ends of streets to be continued, unfinished crossings, and other sites designated by the City Engineer as areas requiring such measures to insure the public safety. 7. Other Requirements. 8. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained shall be construed as a waiver of any requiremwenCs in the City Suhdivision Ordinance or any other provision of the City Code and the Developer agrees to comply o;ith all requirements of t same. THP/CS Y OF FQRT COLLINS, COLOR DO i NPPEST: It LZ City Clerk APPROJED: l -6- Developer ne MUBIT A 1. Schedule of water lines to be installed out of sequence. 2. Schedule of sanitary sewer lines to he installed out of sequence. 3. Schedule of street improvements to be installed out of sequence. 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 or contour 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. Any water lines, sanitary sewer lines, storm drainage lines, and/or street improvements shown on the approved utility plans shall be installed prior to the issuance of the certificate of occupancy and as described in Paragraph II. "Special Conditions" of 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 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 for compliance with applicable City standards and regulations. The Developer agrees to correct any deficiencies in such installations in order 2 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 prior to commencement of construction of any improvements shown on the approved utility plans. 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. II. Special Conditions A. Water Lines Not Applicable B. Sewer Lines Not Applicable C. Storm Drainage Lines and Appurtenances 3 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 the certificate of occupancy. 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. 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 shall also be required to post a security deposit in the form of cash, an irrevocable letter of credit, or performance bond in the amount of $1,000.00 prior to beginning construction of any improvements shown on the utility plans to guarantee the proper installation and maintenance of the erosion control measures shown on the approved Plan. Said security deposit shall be made and released in accordance with the criteria set forth in the Storm Drainage Design Criteria and Construction Standards. D. Streets. 1. The Developer and the City agree that no street oversizing reimbursement is due the Developer for this development. 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 4 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 agrees that it will require its subcontractors to 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. 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 construction of all improvements required pursuant to this Agreement as shown on the approved utility plans entitled "Alfalfa's Market" shall be completed prior to the issuance of the certificate of occupancy. Future maintenance of off -site improvements shall not be governed by this agreement. 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 5 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 or, if such default cannot be commenced and concluded within 5 days, if such cure is commenced and diligently pursued within such 5 day period. 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. 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. 11 ATTEST: CITY CLERK � APPROVED AS TO CONTENT: wzlz Director of Enginee APPROVPD,AS TO FORM: City Attorney THE CITY OF FORT COLLINS, COLORADO, a Muni pal Corporation By: G City Manager DEVELOPER: ALFALFA'S FC, INC., a Colorado ,Corporation By: .. �/ �Zz — S.M. Ha� President AT9 ST:� --' By• (corporate seal) Caryn E ison, Vice -President SUBDIVISION AGFE124 NT THIS AGRF.L'hII3NT is made and entered into this day of A.D. 1977, by and between TEIE; CITY OF FOi;ff COISSNS, --� ,ci 1 corporation, hereinafter sometimes designated as the COIORAbO, a mu: _ pa rpo , � "City", and z3r%zn A)1ry lieId hereinafter designated as the "Developer", WITi�SSETH: haEREAS, Developer is the owner of certain property situate in the County of Iarixrer and State of Colorado and legally described as follows: Lot 18 SouTH MESA 598b)vtst6,0 5oulluat t/� 5"Xew, z6, Tozd�ti�o 7 f?oi�l , K FITAS, Developer desires to develop said property as a elolm P kle- su'.riivision and has submitted to the City a subdivision plat (and a site plan of said property is to be developed as a Planned Unit Development), a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and hTIEREAS, 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 by this reference made a part hereof; and W[E,,m s, 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 bcmefit to the lands to be developed and not to the City of Fort Collins as a whole; and WI RTEAS, the City I as approved the sub3ivision plat (and site plan where. au;)licable) scilx-tittcd by the DavelolDer subject to certain requirements and conditions which. in .ve the installation of and co, _ruction of utilities and other municipal improvements in connection with said lands. NOw, 1111E='ORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets and other mur'wipal facilities necessary to serve the lands within the subdivision, 2. water Lines. a. Developer agrees to install all water lines as shown on the utility plans in accordance with the requirements and as shown on said plans, whether such lines are actually on the property, bordering the property or on other lands connecting the subject property to the existing City water distribution system. b. Such crater lines shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer and applicable provisions of the City Code relating to the installation of such lines. c. Developer understands and agrees that no building permit for any structure in the subdivision shall he issued by the City until the water line and the fire hydrant serving such structure is installed and accepted by the City. d. Any water lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer determines that any lines shovm on the utility plans are required to provide service to other areas of the City, those lines shall be installed within the time determined by the City Engineer. -2-