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HomeMy WebLinkAboutEMERSON ACRES SUBDIVISION - MINOR SUB - 22-88 - SUBMITTAL DOCUMENTS - ROUND 1 - SUPPLEMENTAL INFORMATIONDEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1988, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "The City", and ROBERT A. DICKINSON and KAREN DICKINSON, hereinafter referred to as "the Owner," and FEDERAL LAND BANK OF WICHITA, in the State of Kansas, and FARMERS HOME ADMINISTRATION hereinafter referred to collectively as "the Lien Holder." WITNESSETH WHEREAS, the Dwner is the Owner of certain property situated in the County of Larimer, State of Colorado, and legally described as follows, to -wit: EMERSON ACRES SUBDIVISION, being that portion of "Emerson Acres Annexation" to the City of Fort Collins, Colorado, situate in the SW 1/4 of Section 18, T6N R68W of the 6th P.M., Larimer County, Colorado. WHEREAS, the Owner desires to develop said 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 Owner 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 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/or site plan and landscape plan submitted by the Owner subject to certain requirements and conditions which involve the installation of and construction of utili- ties 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 adequacy of which is hereby acknowledged, it is agreed as follows: 1. General Conditions. A. The terms of this Agreement shall govern all development acti- vities of the Owner pertaining to the subject property described above. For the purposes of this Agreement, "develop- ment 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 Owner 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 stan- dards and specifications of the City on file in the Office of the Director of Engineering 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 Owner commences or performs any construction pursuant hereto after three (3) years from the date of execution of this agreement, the Devel- oper shall resubmit the project utility plans to the Director of Engineering for reexamination. The City may require the Owner 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 per- mits 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 facil- ities 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 Owner within the time as established under "Special Conditions" in this document. E. Except as otherwise herein specifically agreed, the Owner 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 public improve- ments required by this development as shown on the plat, util- ity and landscape plans, and other approved documents pertain- ing to this development on file with 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. -2- 0 0 G. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Department of the City and shall be subjected to such department's approval. The Owner agrees to correct any deficiencies in such installa- tions 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 con- structed by the Owner 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 Owner 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 Owner 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 facili- ties 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); moof (3) specific directives as may be given to the Owner by the City, and (4) damages, if any, caused by the installation of the culvert system under Lemay Avenue which was constructed with the South Lemay Special Improvement District Cris exception (4) shall not be construed to constitute an admission by the City that said construction has in any manner changed the his- toric flow to the Owner's injury). Approval of and acceptance by the City of any storm drainage facility design or construc- tion shall in no manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid indemnification. The Owner 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 purchas- ers of property in the development. I. The Owner shall pay storm drainage basin fees i accordance with Chapter 26, Article VII of the City Code, f applicable storm drainage improvements eligible for credit or City repay- ment under the provisions of Chapter 26 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. See Section 2.C, Special Con- ditions, Storm Drainage Lines and Appurtenances, for specific instructions. -3- J. The Owner 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 con- struction. 2. Special Conditions. A. Water lines. Not Applicable. B. Sewer lines. Not Applicable. C. Storm drainage lines and appurtenances. (i) It is agreed that the City will provide an Engineering Study of the volume of flows during a 100-year storm event that will be conveyed through the culvert system under Lemay Avenue which was constructed with the South Lemay Special Improvement District (S.I.D. #86). Using the results of this study, the City, at its own expense, will then construct the improvements recommended in the study with the intent of channelizing the 100-year flow to approximately the outfall (east end) of the existing field drain in the tributary to Stanton Creek. These improvements shall be constructed within the dedicated easement on the Emerson Acres Subdivision plat. The fail- ure of the City to construct these improvements shall not impair the Owner's ability to develop the property. It is agreed that in order to prevent any inhibition of the storm flows in Stanton Creek and to preserve the integrity of the 100-year floodplain, any fencing in this area must be of a variety and type which allows flows to pass through without any impoundment. These fences are known as "floodgate" or "break -away" and are designed to convey storm flows in such a manner as to not decrease the storm flow velocity or cause the storm flows to expand beyond the floodplain boundary. (iii) It is agreed that presently vegetated banks of Stanton Creek act as a natural deterrent to soil erosion. In order to maintain this stabilization feature and to pre- vent soil erosion, all natural grasses and vegetation shall be preserved along Stanton Creek and its tributary to the west. If the natural grasses or the stream bank is damaged so as to cause increased soil erosion, the City shall reserve the right to enter the easement of the 100-year floodplain to repair and restore the stream bank stabilization features. The City agrees to not enter this easement without the prior written notification to the affected property owner. If it is determined by the City that the damage was due to the actions of the property -4- owner(s), such as the activities of livestock on the drainways, the City reserves the right to charge the owner(s) for expenses incurred, and if unpaid 30 days after billing, to assess a first and prior lien upon the lot or lots upon which the drainage occurred, in the same manner as established in Section 20-45 of the City Code pertaining to weeds, brush and rubbish. D. Streets. (i) Lots one through five of the Development will be allowed to develop under the guidelines of the r-1-p zone dis- trict as fully described under Sections 29-146 through 29-160 of the City of Fort Collins Zoning Code without having to design, construct, or pay for street improve- ments to Lemay Avenue. However, it is agreed that should any individual or group of lot owners re -subdivide to create additional lots, or rezone to a more intensive use zoning district, or apply for a Planned Unit Development that increases the intensity of land use beyond that allowed by the r-1-p zoning, then that owner, or owners, shall design, construct, and pay for the "future street improvements" for the streets within or adjoining their property as an obligation of such development. It is fur- ther agreed that should the City of Fort Collins or Lar- imer County (as a third party beneficiary of this Agree- ment) form a Special Improvement District for the purpose of designing, constructing and paying for street and other public improvements along Lemay Avenue or County Road #32, then the owner(s) of lots within the Develop- ment having frontage on the affected street shall be obligated and do hereby agree to participate in said improvements through such Special Improvement District in accordance with City Code and rules and regulations of the City of Fort Collins or Larimer County, as applica- ble. (ii) For the purpose of encouraging prudent review of future development obligations and in order to reinforce con- sumer awareness, a separate development agreement may be entered into by each lot owner with the City of Fort Col- lins at the time of building permit application. This development agreement shall state the obligation or potential obligation on the part of the lot owner for future street improvements and include a "Consent to Inclusion" in a future Special Improvement District. (iii) It is hereby agreed that the extent of the "future street improvements" shall be the "residential street portion" of the arterial street standard. -5- 3. Miscellaneous. A. The Owner agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices at all construction sites within the pub- lic 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. B. The Owner shall, at all times, keep the public right- of-way free from accumulation of waste material or rub- bish caused by the Owner's operation, shall remove such rubbish no less than weekly and, at the completion of the work, shall remove all such waste materials, rub- bish, tools, construction equipment, machinery, and sur- plus materials from the public right-of-way. The Devel- oper further agrees to maintain the finished street sur- faces free from dirt caused by the Owner'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 satisfac- tion of the Director of Engineering. If the Owner fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the streets cleaned at the Owner's expense and the Owner shall be responsible for prompt payment of all such costs. C. The Owner hereby insures that his subcontractors shall cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velo- city 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 oper- ations. Temporary or permanent erosion control shall be incorporated into the subdivision at the earliest practi- cable 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 Owner shall, pursuant to the terms of this agree- ment, 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 Owner, and the City may withhold such building per- mits and certificates of occupancy as it deems necessary to ensure performance hereof. IN 0 • F. Nothing herein contained shall be construed as a waiver of any requirements of the City Code, and the Owner agrees to comply with all requirements of the same. G. In the event the City waives any breach of this agree- ment, 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 real property herein above described and shall be binding upon the parties hereto, their personal representatives, heirs, succes- sors, 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 Owner's real or proprietary interest in the real property herein after described, as well as any assignment of the Owner's rights to develop such property under the terms and conditions of this Agree- ment. J. In the event the Owner 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 Owner 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 suc- ceeding 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 thereof. 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 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 -7- • reason of the default. Nothing herein shall be construed to prevent or interfere with the City's rights and reme- dies specified in Paragraph 3 E of this Agreement. • ATTEST: City Clerk APPROVED AS TO FORM: Director of Engineering City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By City Manager OWNER: By: ROBERT A. DICKINSON By: K REN DICKINSON LIEN HOLDER: FEDERAL LAND BANK OF WICHITA, in the State of Kansas By: Title: FARMERS HOME ADMINISTRATION tle. ISO P V I I T A T r O A N 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. -10-