HomeMy WebLinkAboutGOLDEN MEADOWS FIFTH REPLAT TRACT A - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-14DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this Y day of le,-
198�, by and between THE CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as "the City", and STORCK
DEVELOPMENT CORPORATION, a Colorado Corporation, hereinafter referred
to as "the Developer".
WITNESSETH
WHEREAS, the Developer is the Owner of certain property situated in the
County of Larimer, State of Colorado, and legally described as follows, to -wit:
REPLAT OF TRACT "A", GOLDEN MEADOWS, FIFTH FILING, situate in
the southwest 1/4 of Section 31, Township 7 North, Range 68 West of the
Sixth P.M., Fort Collins, Colorado.
WHEREAS, the Developer 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 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 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 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 adequacy of
which is hereby acknowledged, it is agreed as follows:
EXHIBIT "B"
The Development Agreement for REPLAT OF TRACT "A", GOLDEN MEADOWS FIFTH FILING
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM
1.
2.
DESCRIPTION
Storm sewer, manholes, end sections, etc.
None
Sub -Total
TY UNIT COST TOTAL COST
L.f.
Ea.
Ea.
$
Ea.
Ea.
$
F
Channel Construction
(a)
Remove existing walks;
4
hours
@
150.00/hour
$ 600.00
(b)
Regrade channel
16
hours
@
200.00/hour
3200.00
(c)
Retaining wall from wood ties
40
ties
@
30.00/each
1200.00
(d)
Reconstruct walks from concrete
840
S.F.'@
2.00/S.F.
1680.00
(e)
Sodding
4800
S.F.
@
0.25/S.F.
1200.00
Sub -Total
$ �BRn.on
EXNIUII U - Page 2
ITEM DESCRIPTION
3. Right-of-way & easement acquisition
(a) NONE
(b)
Sub -Total
ANTITY UNIT COST TOTAL COST
S.F. $ /S.F, $
Ac. $ /Ac. $
$
1. Professional Design
(a) Lump Sum $ 1420.00
(b) Survey for construction Lump Sum $ 500.00
i. Other
(a) $
(b) $
(c) $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment. $ 9800.00
'repared by:( f�����za� Title:
,ddress: _'Ae e t l A-SSOc%G<�--e f
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1. General Conditions.
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the subject property
described above. 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.
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 standards 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 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. Except for the footing and foundation permit (Sec. 2E.3), 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, bikeways and other public improvements required by
this development as shown on the plat, utility and landscape
plans, and other approved documents pertaining to this
development on file with the City.
2-
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 inspect 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.
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.
-3-
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 con-
struction.
2. Special Conditions.
A. Water lines.
Not Applicable.
B. Sewer lines.
(i) Lots 2, 11, 20 and 36 are burdened by utility access
easements. Prior to the issuance of any Certificate of
Occupancy for any of said lots, the Developer shall
construct fencing along the perimeter of each said lot to the
extent that such perimeter also touches upon said easements
and provided further that a gate of not less than ten (10)
feet in width shall be installed for utility access to said
easements in each of the fences installed. All such gates
shall be installed on the side yard perimeter of the lot to
enable the City to have ready utility access to the
easements.
C. Storm drainage lines and appurtenances.
(i) The Developer and the City agree that all on -site and
off -site storm drainage improvements shall be completed by
the Developer prior to the issuance of the 13th building
permit. Completion of improvements shall include the
certification by a licensed professional engineer that the
drainage facilities which service this development, have been
constructed in conformance with the approved plans.
(ii) The Developer agrees to provide and maintain erosion control
improvements as shown on the approved utility plans to
stabilize all over -lot grading in and adjacent to this
development. The erosion control improvements must be
completed prior to the issuance of any building permits.
(iii)The Developer and the City agree that certain off -site
improvements (an overflow swale at McMurray/Ticonderoga)
are required to ensure that storm flows can be safely
transported to the Golden Meadows detention pond. Design
and construction of this overflow swale are being included
with this development and shall be eligible for
reimbursement as shown on the attached Exhibit B. Final
design and construction of this Swale must be completed and
accepted by the City prior to the release of more than 13
building permits.
S!
D. Streets.
(i) The Developer and the City agree that no street oversizing
reimbursement is due the Developer for this development.
(ii) The Developer and the City agree
that
the required
asphalt
overlay of Monte Carlo Drive shall
Jbe
completed, following
the installation and removal of all
water
and sewer
service
lines in Monte Carlo Drive shown
on
the approved
utility
plans, and shall be completed prior to
the issuance
of the
30th building permit.
E. Hazards and Emergency Access.
No combustible material will be allowed on the site until a
permanent water system is installed by the Developer and
approved by the City.
2. The Developer shall provide an accessway to any building
under construction, adequate to handle any emergency
vehicles or equipment, and to properly maintain such access -
way at all times. Such accessway shall be at a minimum, 20'
wide with 4" aggregate base course material compacted
according to City Standards and with an 80' radius turnar-
ound at the building end of said accessway.
3. The issuance of any footing and foundation permit by the
City is made solely at the Developer's own risk and the
Developer shall hold the City harmless from any and all
damages or injuries arising directly or indirectly out of the
issuance of said permit prior to the completion of the
requirements in accordance with Section 29-678 of the Code
of the City.
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 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 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
5-
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 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 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 agree-
ment, complete all improvements and perform all other
obligations required herein, as such improvements or obliga-
tions may be shown on the original plat and related docu-
ments, or on any replat subsequently filed by the Developer,
and the City may withhold such building permits and certi-
ficates of occupancy as it deems necessary to ensure perfor-
mance 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
above 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
10
the Developer's real or proprietary interest in the real
property herein after described, as well as any assignment
of the Developer's rights to develop such property under the
terms and conditions of this Agreement.
J. In 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 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, 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.
7-
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: // C /
City Manager
AT EST c
City Clerk
APPROVED AS TO FORM:
Di-rc'ctor Engineering
City Attorney
DEVELOPER:
STORCK DEVELOPMENT
a Colorado Corporation
RichardStorck, Prdsident
ATTEST:
-
Alctha Langharrt Goodwin, Secretary
(corporate seal)
EXHIBIT "A"
I. 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.
In