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HomeMy WebLinkAboutGREENBRIAR - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-14SUBDIVISION AGREEhENT THIS ACRFFMFNT is made and entered into this �)d, day of A.D. 197 % by and between TfE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Hvolboll-Johnson Construction and Development of Nevada,Inc. Charles F. Mue:nzberg Ted G. Rose hereinafter designated as the "Developer", WITNESSEPH: WHEREAS, Developer is the owner of certain property situate in the County of Iarimer and State of Colorado and legally described as follows: GREENBRL%R P.U.D., located in the North 1/2 of the Northeast 1/4 of Section 1, Township 7 North, Range 69 west of the Sixth P.M., City of Fort Collins. w'.EREAS, Developer desires to develop said property as a residential subdivision 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 wFiEREAS, 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 wiEREAS, 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 W L.REAS, tbie City has approved the subdivision plat (and site plan where applicable) sutriitted by the Developer subject to certain requirements 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. _t 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 util W\ 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 pllans 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 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 shall repay the City for its share of the existing water mains in Redwood Street and Willox Street adjacent to Green Briar Condominiums, PUD based on a per front foot charge for each street. This payment shall be due 30 days after request of such payment based on invoices that will be supplied to the City but in no case shall payment be due before request for the first building permit in Green Briar Condominiums, PUD. B. Sanitary sewer (oversizing, payback, etc.). The Developer shall repay the City for its share of the -4- existing sewer mains in Redwood Street and Willox Street adjacent to Green Briar Condominiums, PUD based on a per front foot charge for each street. This payment shall be due 30 days after request of such payment based on invoices that will be supplied to the City but in no case shall payment be due before request for the first building permit in Green Briar Condominiums, PUD. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). No building permits shall be granted by the City until all storm drainage facilities (including the Green Briar outfall to Dry Creek) are completed. During the period of twelve months from the date of execution of this agreement the City shall attempt to fund and construct the Green Briar outfall to Dry Creek; and, after completion of construction, the City shall obtain from the Developer its appropriate proportionate contribution therefor. All other storm drainage facilities shall be the obligation of the Developer subject to the provisions of Chapter 93 of the Code of the City. In the event that the City should fail to fund and complete the construction -of the Green Briar outfall in the time as provided above, the Developer shall have the right to proceed with the construction of said outfall and shall be entitled to any reimbursement that may be allowed in accordance with Chapter 93 of the Code of the City. If the Developer so constructs said outfall, the City will assist the Developer in obtaining any rights -of -way for off -site storm drainage facilities. Streets (oversizing, traffic lights, signs, etc.). The City shall repay the Developer for the construction of Willox Street and Redwood Street to arterial and collector standards, respective, in lieu of local street standards in accordance with the Code of the City of Fort Collins, Article 99-6(F). Redwood Street and Willox Street shall be completed in full from the intersection of the two streets to the far property lines. 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 -5- 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 blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. 10 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 origivral plat; or orr 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, heirs, personal representatives, and assigns. 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. THE CITY OF FORT COLLINS, COLORADO ATTEST: A Municipal Corporation By. City pager City Clerk 22 APPROVED: Ti fector Puy is Wores APPROVED AS TO FORM: ity Attorney HVOLBOLL-JOHNSON CONSTRUCTION AND DEVE),O�EN"F NEVADA, INC. son, Alan Hvoibo 1, Secretary me Green Briar Condominiums PUD 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. Storm drainage improvements to be installed out of sequence. Not applicable. conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. Now, THEREM- RE, 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 municipal 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 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 installation of such lines. c. Developer understands and agrees that no building permit for any 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 to provide service to other areas of the City, those lines shall be installed within the time determined by the City Engineer. -2- e. All of said lines shall be installed at the sole expense of the Developer, except the City shall pay that additional cost of installing a 12-inch rather than an 8-inch water main in Willox. f. The installation of said line shall be inspected by the Public Forks Department: 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 same be on or off the subject property. b. Such sanitary sewer lines 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. 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 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 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 Engineering Services Department of the City and subject to such de- partment'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 De- partment 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 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. Developer agrees to complete the installation of detention ponds shown on the utility plans prior to the issuance by the City of any building permits for structures within the subdivision. d. All of said lines and facilities shall be installed at the sole expense of the Developer. e. Developer understands and agrees that the City shall not issue more than 22 building permits and certificates of occupancy for structures whose drainage is to enter the eastern detention pond, or more than 2 building permits and certificates of occupancy for structures whose drainage is to enter the western detention pond prior to the construction of adequate outlet facilities for those ponds, such outlet facilities to be approved in writing by the City Engineer prior to their construction. f. The City has determined that there is a need for major storm drainage improvements within this drainage basin due to the development of this property, among others. Therefore, the City shall retain a consultant to delineate the boundaries of this basin, to evaluate the drainage alternatives, and to prepare engineering drawings and contracts for the construction of an outfall system for the Evergreen- Greenbriar developments. Upon receiving the consultant's recommendations, the City Council shall establish by ordinance a storm drainage fee to be paid by the owners of properties within this basin in accordance with Ordinance No. 61, 1976. The Developer agrees to participate in the costs of designing and constructing these improvements to the extent established by the storm drainage fees. Our initial estimate of the total cost of this project, based on 1978 prices, is approximately $200,000.00. g. All storm drainage 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. h. The installation of all of such lines and facilities shall be inspected by the Public Works Department of the City and shall be subject to such department's approval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and 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. -5- b. Such F'-eets shall be installed 'l 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 permits 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 reouired. 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 shown 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 be installed at the sole expense of the Developer, except the City will pay that additional cost of installing Lemay as an arterial rather than as a 40 foot wide residential street,_-and,those costs of installing Willox and Redwood as collector rather than as 40 foot wide residential streets. f. 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. g. Street improvements shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to individual lots have been installer from main utility lines to the property line. a" 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. 8. Miscellaneous. a. This agreement shall he binding upon the parties hereto, their heirs, personal representatives and assigns. b. 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. APP 7 Direc oY rof Public Wor� NSaT City rorney M 741E CITY OF FOFP COLLINS, COLORADO ity Manager .1 EXHIBIT A 1. Schedule of water lines to be installed out of sequence. The 12-inch water main in North Lemay Avenue shall be installed to the north boundary of this subidivision prior to January 1, 1980. 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. Developer agrees to install the improvements for North Lemay Avenue at such time that the City determines is necessary and appropriate, within a reasonable amount of time following notification of such a determination. In any case, the improvements on North Lemay Avenue shall be installed prior to January 1, 1982. f, DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this Xf day of ZAg&,, A.D. 1981, !by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation;, hereinafter referred to as "the City," and HVOLBOLL-JOHNSON CONSTRUCTION AND DEVELOPMENT OF NEVADA, INC., a joint venture, hereinafter referred to as "the Developer," LITTNGCCFTn WHEREAS, the Developer is the owner of certain property situate in the County of L.arimer, State of Colorado, and legally described as follows, to -wit: Green Briar Condominiums, PUD, being a replat of a portion of Tract "P" of Green Briar PUD located in the Northeast Quarter of Section 1, 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