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HomeMy WebLinkAboutLOOMIS ADDITION BLOCK 267 616 WEST MULBERRY MARTIN BED AND BREAKFAST - Filed DA-DEVELOPMENT AGREEMENT - 2005-02-02DEVELOPMENT AGREEMENT 5IL- THIS AGREEMENT, made and entered into this day of /Jeja'5l 199 L' , by and between THE CITY OF FORT COLLINS, COLORAD , a Municipal Corporation, hereinafter referred to as "the City" and Rebecca A. Martin and Gcorge Michael Martin, collectively hereinafter referred to as "the Developer". WITNESSETH WHEREAS, the Developer is the Owner of certain property situated in the Countv of Lairimer, State of Colorado, and legally described as follows, to wit: MARTIN P.U.D. Bed and Breakfast, 616 West Mulberry Street, a parcel of land located in the SW 1/4 of Section 11, T7N, R69W of the 6th P.M., City of Fort Collins, State of Colorado. WHEREAS, the Developer desires to develop said property into a bed and breakfast facility and has submitted to the City 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 a utility plan for said lands, 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 developmcnt 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 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 said lands. NOW, 'THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adcquacq 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 subject property described ahove. For the purposes of this Agreement, "development activities" shall include, 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. contour or appearance of said property caused by or on behalf of the Developer with the intent to construct improvements thereon. 13. 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 "EXHIBIT C" Estimated Cost Level One Improvements $4,000 (Developer's Normal Obligation) Level Two Improvements-$1,500 (City Maintenance Project) Credit for the Developer Developer's Share (not to exceed this amount) $2,500 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 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 (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 Director of Engineering 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. 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, bikcways and other public improvements required by this development as shown on the plat, utility, site and landscape plans, and other approved documents pertaining to this dcvelop- mcnt 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 drawings shall be inspected by the Engineering Department of the City and shall be subject 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. 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 to be developed (and other lands as may be required, if any). The Developer has met or exceeded 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 as 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. Storm drainage improvements eligible for credit or City repayment under the provisions of Chapter 26 are described together with the estimated cost of the improvements on the attached Exhibit 'B," which improvements, if applicable, shall include right-of-way, design and construction costs. See Section 2.C, Special Conditions, Storm Drainage Lines and Appurtenances, for specific instructions. J. The Developer shall provide the Director of Engineering with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. _. Special Conditions. A. Water lines. Not Applicable. B. Sewer lines. Not Applicable. ('. Storm drainage lines and appurtenances. Not Applicable. 3- D. Streets. (i) It is understood that the developer would normally be obligated to construct "level one" asphalt paving improvements in the alley adjacent to this development as said level is defined in the approved utility plans. However, since the City had already scheduled the construction of "level two" (minor) paving improvements of said alley for the year 1990 with said improvements to be performed by City maintenance personnel, the Developer agrees that the City shall construct the level one improvements for the Developer, and the Developer agrees to pay the City the difference between costs for the level one improvements and the level two improvements for the Developer's share of the costs. The Developer's cost shall not exceed S2S00. Estimates for the level one and two improvements and the estimated amount the Developer shall be obligated to pay the City are shown on the attached exhibit "C". The Developer shall make payment promptly upon receiving an invoice from the City for the actual cost after the construction is complete. No permanent certificate of occupancy shall be issued until the Developer has made said payment to the City. Since the Developer plans to occupy the building(s) which arc the subject of this development prior to the City being able to construct the alley improvements, the Developer shall be granted a temporary certificate of occupancy when all obligations of the Developer, except the alley improvements, are completed_ (ii) All other improvements noted on the approved site plan and landscape plan, including the construction of the concrete alley intersection at Mulberry Street and the paving of the parking area, shall be completed by the Developer prior to the issuance of a certificate of occupancy. 3. 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 approved by the Director of Engineering. R. 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 free from dirt caused by the Developer's operation. Any excessive accumulation of dirt and/or construction materials shall be -4- 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 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 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 erodible earth material exposed at any one time shall not exceed 200,000 square feet for earth works 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 and related documents, or on any replat subsequently filed by the Developer, and the City may withhold such building permits and certificates of occupancv 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. This Agreement shall run with the real property herein described and shall be binding 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 be limited to, a conveyance or assignment of any portion of the Developer's real or proprietary interest in the real property herein -5- rights to develop such property under the terms and conditions of this Agreement. J. to the event the Developer 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 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 and condition of this Agreement shall be deemed to be a material element hereof. In the event either party shall fail or refuse to perform according to the terms 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 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 3 E of this Agreement. -6- THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation ` -�' -,City Manage ATTE T: r ` \ 2 City Clerk APPROVED AS TO FORM: Dircetor of Engineering Cite A[tornc� DEVELOPER: y Rebecca A. Martin George M chacl Martin County of Larimer State of Colorado Subscribed and sworn to before me this 30th day of August, 1990 r Notar,,Public My commission expires: 1-14-92 7- EXHIBIT "A" I. Schedule of water lines to be installed out of sequence. Not applicable. _. 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. M "EXHIBIT B" NOT APPLICABLE