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HomeMy WebLinkAboutFEENEY - Filed DA-DEVELOPMENT AGREEMENT - 2003-10-24SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this iiLr4day of A.D. 1979, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal corporation, hereinafter referred to as "the City," and HORSETOOTH II INVESTMENT GROUP, hereinafter referred to as "the Developer," WITNESSETH: 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: Feeney Subdivision, being a replat of Lot 6 and part of Lot 7, Observatory Heights, a plat of record, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a com- mercial subdivision and has submitted to the City a subdivision plat (and a site plan if said property is to be developed as a Planned Unit Develop- ment), 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 be developed and not to the City of Fort Collins as a whole; and 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 utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions acknowledged by the parties hereto, it is agreed as follows: 1. General Conditions. A. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, side- walks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the Council approved standard 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 any time limitations as provided by Ordinance. 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 struc- ture have been completed and accepted by the City. No build- ing permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. -2- 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 determines that any water lines, sanitary sewer lines, storm sewer facilities and/or streets shown on the utility plans are required to provide service or access to other areas of the City, those utilities shall be installed within the time determined by the City Engineer as referred to 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 develop- ment. 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 indivi- dual lot service lines leading in and from the main to the property line. F. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. -3- 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 supercede the standard specifications. G. All storm sewer facilities shall be so designed and con - strutted as to protect the downstream properties and to adequately serve the property to be developed (and other lands as may be required, if any). The developer hereby agrees to indemnify and hold the City harmless from any and all claims that might arise, directly or indirectly, as a result of the discharge of storm drainage or seepage waters from the devel- opment in a manner or quantity different from that which was historically discharged. H. 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 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 be adjusted to reflect the actual cost. If the cost of the eligible improvements con- -4- strutted by the Developer and described in the above mentioned exhibit exceeds the amount of the storm drainage fees payable for the development, the City shall reimburse the excess cost out of the Storm Drainage fund upon completion of the improve- ments and approval of the 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 construc- tion. 2. Special Conditions. A. Water lines (oversizing, payback, etc.). The Developer will participate in the future construction of an eight (8) inch water main in Mitchell Drive. The amount to be contributed by the Developer will be determined by the City at the time construction is complete and all costs are known. B. Sanitary sewer (oversizing, payback, etc.). Not Applicable. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). No certificate of occupancy will be released until all storm drainage facilities are constructed and approved by the City Engineer. D. Streets (oversizing, traffic lights, signs, etc.). The Developer will participate in the future construction of the acceleration lane on College Avenue. The Developer also agrees at such time to dedicate the necessary right-of- way for this construction. The amount to be contributed by the Developer will be determined by the City at the time con- struction is complete and all costs are known. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices -5- at all construction sites within the public right-of-way and/or other areas as deemed necessary by the City Engi- neer 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 director. 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 ac- cumulation or dirt and/or construction materials 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 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 flowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. KIM D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodable 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 subdivision at the earliest practicable time. By way of explanation 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 replat subsequently filed by the Developer, and the City may withhold such buil- ding permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. F. This Agreement shall be binding upon the parties hereto, their successors, grantees, heirs, personal representatives, and assigns and shall be deemed to run with the real property above described. G. 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. -7- AATTTEEST,: C APPROVED: �rec of Public Works ' r THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By:�, i�ty,%Manager - — OWNER Spiro Palmer EXHIBIT "A" 1. Schedule of water lines to be installed out of sequence. The eight (8) inch water line in Mitchell Drive shall be installed prior to construction of the street. When the main is constructed and connected to the City water systeoi, the Developer shall disconnect from his present source and all mains within the Subdivision shall become the property of the City. 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. 'v.I T n I T I1n 11 The Development Agreement for PALMER HOUSE FLORIST P.U.D.. This exhibit is not applicable for this Development. COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS Include only those major storm drainage basin improvements required by an adopted basin master plan. ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 1. Storm sewer, manholes, end sections, etc. (a) L.f. /L.f. $ (b) L.f. /L.f. $ (c) Ea. Ea. $ (d) Ea. Ea. $ Sub -Total $ 2. Channel excavation, detention pond excavation and riprap (a) C.Y. (b) C.Y. (c) C.Y. $ /C.Y. $ Sub -Total $ EXHIBIT 13 - Page 2 ITEM DESCRIPTION 4. (a) Right-of-way & easement acquisition Sub -Total Professional Design Other UANTITY UNIT COST TOTAL COST S.F. $ /S.F. $ Ac. $ /Ac. $ Lump Sum $ Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared by: Address: Title: WHEREAS, the City has approved the subdivision plat (and site plan where applicable) submitted by the Developer subject to certain require- ments and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions 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 municipal facilities necessary to serve the lands within the subdivision. 2. Water Lines. a. The 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 water 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 instal- lation of such lines. c. The Developer understands and agrees that no building permit for anv structure in the subdivision shall be 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 shown on the utility plans are required -2- to provide service to other areas of the city, those lines shall be in- stalled within the time determined by the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer. f. The installation of said line shall be inspected by the Public Works Department of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such instal- lation in order to meet the requirements of the plans and the specifica- tions applicable to such installation. 3. Sanitary Sewer Collection Lines. a. The Developer aarees to install all sanitary sewer collection lines shown on the utility plans, whether the same be on or off the subject property. b. Such sanitary sewer lines shall be installed in full com- pliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such lines. c. The Developer 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 line described on Exhibit "A," attached hereto, shall he installed within the time required on Exhibit "A." If the City Engineer determines that any lines shown in 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. e. All of said lines shall be installed at the sole expense of the Developer. -3- f. The installation of said lines shall be inspected by the Public Works Department of the City and subject to such department's approval. The Developer agrees to correct any deficiencies in such instal- lation in order to meet the requirements of the plans and the specifica- tions applicable to such installation. 4. Electric Lines and Facilities. The City Light and Power Depart- ment 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 develop- ment. 5. Storm Sewer Lines and Facilities. a. The Developer agrees to install all storm sewer lines and facilities as shown 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 Engineer relating to the installation of such lines. c. The Developer agrees to complete the installation of detention facilities prior to the issuance of any certificates of occupancy. d. 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, gutter, sidewalks, and all adjacent properties. e. All of said facilities shall be installed at the sole expense of the Developer. f. The installation of all such lines and facilities shall be inspected by the Public works Department of the City and shall be subject M to such department's approval. The Developer agrees to correct any defi- ciencies 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 sidwalks. 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 re- quired. Furthermore, no building permit shall be issued by the City for any structure located in excess of six hundred sixty (660) feet from a single point of access. d. Any streets described on Exhibit "A," attached hereto, shall be installed within the time reouired on Exhibit "A." If the City Engineer determines that any streets shown in the utility plans are required to provide access to other areas of the city, those streets shall be installed within the time determined by the City Engineer. e. All of said streets shall be installed at the sole expense of the Developer. f. The Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the speci- fications applicable to such installation. a. Street improvements shall not be installed until all utility lines to be placed in the streets have been completely installed and all -5- services to individual lots have been installed from main utility lines to the property line. h. The Developer agrees to provide and install at his expense adequate barricades, 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. None. B. Miscellaneous. a. The Developer shall provide the City Engineer with certified record utility drawing transparencies upon satisfactory completion of utility construction for his use in making record prints for the City's files. b. This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, and assigns. c. Nothing herein contained shall be construed as a waiver of any requirements in the City Subdivision Ordinance or any other provision of the City Code, and the Developer agrees to comply with all requirements of the same. ar of IrubI CT h7sc•-f Ci , Attorney i� , THEITY OF FORT COLLINS, COLORADO A M cip- � Corporation City Manager M HORSET00TN II INVESTMENT GROUP, Developer J By Thomas L. Feeney, General Partner -7- EXHIBIT "A" 1. Schedule of water lines to be installed out of sequence. The water line shown in "Mitchell Drive " shall be installed prior to the construction of the street. When the main is constructed and connected to the City water system, this developer shall disconnect from his present source and all mains within the subdivision shall become the property of the City. 2. Schedule of sanitary sewer lines to be installed out of sequence. The sanitary sewer shown in Mitchell Drive from Manhole No. 1 either North or South shall be installed prior to the construction of the street. 3. Schedule of street improvements to be installed out of sequence. Mitchell Drive shall be constructed prior to any building permits being issued for either Lot 5 or G. DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this o1is'i day of S� , A.D. 198A by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and SPIRO PALMER, owner, hereinafter referred to as "the Developer," WITNESSETH: 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: Palmer House Florist P.U.D., situate in Lot 1 and the West 38 feet of Lot 2, Feeney Subdivision, in the Northwest Quarter of Section 36, Township 7 North, Range 69 West of the Sixth Principal Meridian, 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