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HomeMy WebLinkAboutHILL POND ON SPRING CREEK SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-26SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this /-S'_ day of / 9c_s; M2� A.D. 1980, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and GANDALF PARTNER- SHIP, A Colorado Limited Partnership, 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: Hillpond on Spring Creek, 2nd Filing, a Planned Unit Development, being a replat of Hill Pond on Spring Creek, Second Filing, a Subdivision and a tract of land situated in the Northwest Quarter of Section 23, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a residen- tial 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 Director of Engi- neering Services 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 Director of Engineering Services 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 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. General Conditions. A. 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 standard specifications of the City on file in the Office of the Director of Engineer- ing Services relating to the specific utility. B. No building permit for the construction of any structure within the subdivision 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. C. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, -2- shall be installed within the time and/or sequence required on Exhibit "A". If the Director of Engineering Services deter- mines 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 Director as referred to under "Special Conditions" in this document. D. All electric lines and facilities shall be installed in accordance with the Electric Service Rules and Regulations, the Electric Construction Policies, Practices and Procedures, and specifications of the City of Fort Collins' electric utility. E. 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 subdivi- sion. 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 indivi- dual lot service lines leading in and from the main to the property line. -3- 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 subject to such department's approval. proval. 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. H. The Developer shall provide the Director of Engineering Services with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. 2. Special Conditions. A. Water lines (oversizing, payback, etc.). Not applicable. B. Sanitary sewer (oversizing, payback, etc.). Not applicable. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). The Developer shall be responsible for all storm drainage facilites as shown on the utility drawings. No on site detention shall be required on or for the lands described herein. To insure the adequate construction of floodplain improvements on the lands contained within the Hill Pond on Spring Creek Master Plan, which plan includes the property described hereinabove on Page 1, Developer shall, prior to the issuance of any building permits, guaranty the floodplain improvements to Spring Creek through bond, escrow or other acceptable means, as hereinafter set forth. -4- The total estimated cost of the floodplain improvements along Spring Creek within the Hill Pond on Spring Creek Master Plan is $375,000.00, which amount is based upon July, 1980 cost indexes. The guaranty of Developer required with this phase shall be in the amount of 3% of that total estimated cost. This guaranty shall be revised yearly, on the 1st day of September, according to the latest Engineering News Record 20-Cities Construction Cost Index to account for the rate of inflation. The final fee shall be based on the improvement cost. The allocation of that cost to Developer shall be as outlined by an agreement entered into between the City of Fort Collins and Gandalf Partnership dated August 25, 1980 con- cerning floodplain improvements on Spring Creek. The Spring Creek floodway improvements design shall be completed and approved by the City by May 30, 1981. The City shall allow 6 building permits but no Certificates of Occupancy until the design has been approved. The construction of the floodway improvements shall be completed before the buliding permits for Lots 22 through 42. The City and the Developer plan to request to the Federal Insurance Administration for adjust- ments to the floodway and floodplain based on the Spring Creek floodway improvements. No building permits shall be issued for Lot 22 through 42 until these adjustments have been approved. Lots 1 through 21 shall be required to meet the standards for construction in the floodplain until these adjustments have been approved. D. Streets (oversizing, traffic lights, signs, etc.). Farm Tree Road shall be required to be built off site accord- ing to the utility plan at no expense to the City. Landscaping. The landscaping design for Spring Creek shall be completed and approved by May 30, 1981. The City shall allow 6 building permits but no Certificates of Occupany until the design has been approved. A landscaping improvement agreement for the Spring Creek floodway shall be required during the approval process for the Spring Creek landscaping design. 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 Director of Engineering Services 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. He shall remove such rubbish no less than weekly and, at the completion of his work, shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way caused by his operation. The Developer agrees to maintain the finished street surfaces free from dirt caused by his opera- tion. Any excessive accumulation 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 Director of Engi- neering Services. In the event that the Developer fails to adequately clean the streets within two (2) days after written notice, the City may have the street cleaned and charge the Developer for said costs of cleaning. 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 20 to the public health and welfare. 0. 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. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. F. Nothing herein contained shall be construed as a waiver of any requirements of the City Subdivision Ordinance or any other provision of the City Code, and the Developer agrees to comply with all requirements of the same. ATTEST: Ctty Clerk AP ED: ,— ic�(J (,� 6 re or of I ubli Works u �G/ ese, tty Attorne;-�`� TJFC OF FO� COLLINS, COLORADO Apal Co, oration 44 By. 7 ana---- ger ------- -7- GANDALF PARTNERSHIP A C rado Lim/iteedd artnership v_ ten van Tan Lear General Partner 1;r`ianl . Berggqui5t "�v-- General Partner', m 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. As stated in Paragraph 2.0 of this agreement. 5. Landscaping improvements to be installed out of sequence as stated in Paragraph 2.E of this agreement.