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HomeMy WebLinkAboutNEW HAMPSHIRE - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-26SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this Lth day of A.D. 1980, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and EVERITT ENTER- PRISES, INC., 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: New Hampshire Subdivision, situate in the southeast 1/4 of 'Section 30, Township 7 North, Range 68 west of the Sixth P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a resi- dential 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 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 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 DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this z day of _fin A.D. 1983, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and CHARLES G. SMITH and/or assigns, Owner, 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: Rocky Mountain Health Club, P.U.D., being Lot 2 and a portion of Lot 4 of the New Hampshire Subdivision, a plat of record in the Office of the Clerk and Recorder, Larimer County, 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 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. 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 Hines, 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 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 plans and/or specifications applicable to such installation. In case of conflict, the utility drawings shall supersede the standard specifications. G. All storm sewer facilities shall be so designed and con- structed 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 pay storm drainage basin fees in accor- dance with Chapter 93 of the City Code. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 93 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. The basin fee payable by the Developer shall be reduced by the estimated cost of said eligible improvements. Upon completion of such eligible improvements, the amount of such reduction shall be adjusted to reflect the actual cost. If the cost of the eligible improvements con- -4- st:ructed by the Developer and described in the above mentioned exhibit exceeds the amount of the storm drainage fees payable for the development, the City shall reimburse the excess cost out of the Storm Drainage fund upon completion of the improve- ments and approval of the construction by the City. I. 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. Storm drainage lines and appurtenances. All storm drainage lines and appurtenances must be completed and accepted by the City Engineer prior to the issuance of a Certificate of Occupancy. 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 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 - wary 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 -5- 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. D. When the inspector determines that erosion (either by wind or waiter) 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 original plat, or on 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, grantees, heirs, personal representatives, and assigns and shall be deemed to run with the real property above described. 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. ATTEST: APPROVED: Director of Public Worl,s THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By city Manager tr.tts a. r;r,:t. -7- �i�i�orney OWNER Char-%s G. Smith 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. Not Applicable. EXHIBIT "B" The Development Agreement for Rocky Mountain Health Club, P.U.D. Exhibit "B" does not apply to this development. COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS Include only those major storn drainage basin improvements required by an adopted basin master plan. ITEM _ DESCRIPTION 1. Storm sewer, manholes, end sections, etc. Sub -Total 2. Channel excavation, detention pond excavation and riprap (a) (b) (c) TY UNIT COST TOTAL COST $ $ Ea. _ Ea. $ Ea. Ea. $ C.Y. $/C.Y. $ C.Y. $ _/C.Y. $ C.Y. $ /C.Y. $ Sub -Total $ 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 line, fire hydrant, sanitary sewer, street (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. 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 Director of Engineering Services deter- mines that any water lines, sanitary sewer lines, storm sewer -2- EXHIBIT B - Page 2 ITEM DESCRIPTION 3. Right-of-way & easement acquisition Sub -Total 4. Professional Design (a) 5. Other UANTITY UNIT COST TOTAL COST S.F. $ /S.F. $ Ac. $ /Ac. $ Lump Sum $ Total estimated cost of Storm Drainage improvements eligible for credit or City repayment R Prepared by: Address: Title: 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. F_xcept as otherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary sewer, storm sewer and appurtenances, and all streets, curb, gutter, sidewalks, and bikeways and other municipal facilities neces- sary to serve the lands within the subdivision. F. Street improvements (excepting curb, 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 draw- ings shall be inspected by the Engineering Services Division of the City and shall be subject to such department's ap- proval. The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the -3- 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 of Black Image Diazo Reverse Mylars upon completion of any phase of the construction. 2. Special Conditions. A. Water lines (oversizing, payback, etc.). Each lot of the subdivision shall submit a water system plan for approval of Water & Sewer Department and Fire Department of the City of Fort Collins. The Developer shall repay the City for past oversizing of the water line in Timberline Road at a rate of $2.76 per front foot or $,4054.24. Payment is due upon first building permit. B. Sanitary sewer (oversizing, payback, etc.). All sewer taps size and location for each lot shall be approved by Water & Sewer Department of the City before construction of such taps. The Developer shall repay the City for past oversizing of the Horsetooth sewer line which runs through the property, at a rate of $4.482724 per front foot or $4,464.79. Payment is due upon first building permt. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). Storm runoff from site and -4- 'From land to the west shall be retained on Lot 4 of this subdivision and no construction shall be allowed on Lots 2 & 4 without the approval of the Assistant City Engineer - Storm Drainage. The Developer shall construct the box culvert under Timberline with this subdivision. The City shall repay the Developer for the part of the box culvert which would not be required under an eighteen (18) foot 112 local street. This payment shall be made within 45 days of receipt of all in- voices. The Developer may apply for storm water plant invest- ment credit according to City Code 93, if applicable. D. Streets (oversizing, traffic lights, signs, etc.). The City shall repay the Developer for construction of Timberline Road to arterial standards in lieu of local street standards according with City Code 99-6(F). The Developer shall be responsible to construction 12' east of the centerline of Timberline Road plus transitions to grade as approved by Director of Engineer Services. The City shall make payment for this oversizing within 45 days of receipt of all in- voices. Location and size of curb cuts of each lot shall be approved by City Traffic Engineer before construction of such cuts. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs, etc. at all construction within the public right-of-way and/or other areas deemed -5- necessary by the Director of Engineering Services in accord- ance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until advised to do so 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 accumulation or dirt and/or construction materials which will add to the accumulation of dirt shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to the satis- faction of the Director of Engineering Services. In the event that the Developer fails to adequately clean up the streets within two (2) days after written notice, the City may have the street cleaned and bill the Developer for said costs of cleaning. C. The Developer shall cause his subcontractors to 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. Where erosion (either by wind or water) is likely to be a problem, in the Inspector's opinion, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Tempor- ary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. The control may consist of, but may not be limited to, seeding of approved grasses, temporary dikes, gabions, or other devices. E. This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, and assigns. F. 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. ATTEST: THE CITY OF FORT COLLINS, COLORADO A Munic' Corporation By: - C c -C-` ----- City Manager -7- ATTEST: � EVERITT ENTERPRISES, INC. Developer r Titre 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. Timberline Road shall be completed after installation of box culvert, and no later than June 1, 1983. 4. Storm drainage improvements to be installed out of sequence. The Developer shall submit the Permanent Storm Water Detention Plan and design of box culvert under Timberline Road by January 1, 1983. The temporary retention pond shall remain in operation until the permanent detention pond is in place and operable. The permanent pond and box culvert shall be in place by June 1, 1983.