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HomeMy WebLinkAboutWARREN FARMS SECOND - Filed OA-OTHER AGREEMENTS - 2004-03-11WARREN FARMS, SECOND FILING FIRST AMENDMENT AGREEMENT THIS AMENDMENT AGREEMENT, made and entered into this -�Y- day of l�>.�1��rI'-��', I98�, by and between the CITY OF FORT COLLINS. ( OLORADO. -i M.._..ci cl Ccrp..uion (C ') -n 1 NCP, Inc., a Cn!�.'Ido CAI-- poration, ("Developer"), is an amendment to that certain Development Agreement dated the loth day of September, 1988, by and between the City and Reid L. Rosenthal ("Development Agreement"). WHEREAS, the parties hereto (or their predecessor's in interest) previously executed a Development Agreement for Warren Farms, Second Filing, City of Fort Collins on September 16, 1988, a copy of which is attached hereto as Exhibit "a"; and WHEREAS, NCP, Inc., is now the owner of Warren Farms, Second Filing in the City of Fort Collins, Colorado and further, is the owner of the entire parcel of land vct to be developed under that plan known as the '%Vnrrcn Farms Master Plan" on file in the Office of the Director of Engineering; and WHEREAS, the parties are presently desirous of making modification of the Development Agrccmcnt. 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, the parties agree as follows: Subheading 2 (Special Condit; -ins), subparagraph C (Storm Drainage Lincs and appuncnanccs), of the Development Agreement steal: be modified by the addition of the following paragraph: C. Storm Drainage Lines and Appurtenances. ii.Developer agrees to perform and complete a study, as more particu- larly described in Exhibit "I" attached hereto and incorporated herein by this reference, that updates the Foothills Basin Master Plan (Basin G). The estimated costs of said study are detailed in the attached Exhibit "L" The study shall be completed and approved by the City prior to the Planning and Zoning Board approval of any future filings in the Warren Farms Master Plan area. The City shall reimburse the Developer for actual costs to complete the study within thirty (30) days of receiving the completed study and an itemization of said actual costs, and upon the further condition that the study and costs are determined by the City to be acceptable and reasonable, respectively, and that funds are appropriated and available for the reimbursement. Except as herein amended or modified, the Development Agreement shall continue in full force and effect. This Agreement and the Development Agree- mcnt constitute the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. 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 draw- ings shall be inspected by the Engineering Division of the City and shall be subjected to such department's approval. The Developer 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 Developer as to protect downstream and adja- cent 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 require- ments 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 indi- rectly, as a result of the discharge of injurious storm drain- age 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 mainte- nance; (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 Devel- oper); 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 indenification. 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, subsequent purchasers of property in the development and downstream and adjacent property owners all of whom shall be third party beneficiaries of said agreement between the Developer and Engineer. I. 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 pro- visions of Chapter 93 are described together with the esti- mated cost of the improvements on the attached Exhibit "B", which improvements shall include right of way, design and con- struction costs. The basin fee payable by the Developer shall be reduced by the estimated cost of said eligible improve- ments. 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- structed 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. J. 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. Water lines. (i) The Developer agrees to repay the City for his portion of the 24" water line located in the right -of way of Horsetooth Road adjacent to the development, in the amount of $8.70 per foot of frontage plus an inflation factor to be computed by application of the following formula, which utilizes the Denver Construction cost index published in the August 16, 1979 issue of the Engineering News Record (ENR). X - Y) x 100 x $8.70 x FF = Inflation Factor, where Y X = ENR Denver Construction Cost Index published the month before reimbursement is made. Y = ENR Denver Construction Cost Index published the month in which the line was completed (August 16, 1979 Index = 2611.92). FF =Total footage of this developement which is adjacent to said water line (497.0' four hundred ninty-seven feet). Such payment shall be due upon request for the first building permit. B. Sewer lines. Not Applicable. C. Storm drainage lines and appurtenances. (i) Four building permits will be issued prior to the Developer obtaining written approval from New Mercer Ditch Company for release of stormwater into the New Mercer Ditch and approval from the City for a revised drainage plan utilizing deten- tion ponds. At that time a maximum of one aditional building permit will be issued prior to the completion of all the drainage facilities on the approved revised plan and accep- tance by the City. The Developer shall be responsible for maintenance of all storm drainage facilities except those within the City's right-of-way. D. Streets. (1) The City agrees to repay the Developer for the oversized portion of Meadowlark Avenue (full width) for the entire frontage of this development, from local to collector street standards in accordance with Section 99-6F of the Code of the City of Fort Collins. The Developer shall pay for the local street portions of both sides of Meadowlark Avenue. When payment is requested by the Developer, the City's obliga- tion for payment shall be limited to those funds then bud- geted, appropriated, and available by the City for that development or work then completed. 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 Engineer in accordance with the City's "Work Area Traffic Control Hand- book" and shall not remove said safety devices until the con- struction has been approved by the City Engineer. B. The Developer shall, at all times, keep the public right-of- way of -way free from accumulation of waste material or rubbish I 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 Devel- oper'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 satisfact- ion of the City Engineer. If the Developer fails to ade- quately 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 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 sub- division at the earliest practicable time. By way of explana- tion and without limitation, said control may consist of seed- ing 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 build- ing permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. In addition, it is agreed and understood between the developer and the City that the City shall have the right to refuse issuance of building per- mits and certificates of occupancy in the subject development as the City, in its sole discretion, shall deem necessary in order to insure performance by the Developer of any other obligation the Developer may have to the City, whether pursu- ant to other development agreements, or otherwise. 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 bud- geted are contingent upon funds for that purpose being appro- priated, budgeted and otherwise made available. I. This Agreement shall run with the real property herin 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, assignment of any portion of the Developer's proprietary interest in the real property hereinafter 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 herein after 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. 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 of 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 attorneys' fees and costs incurred by reason of default. Noth- ing herein shall be construed to prevent or interfere with the City's rights and remedies specified in Paragraph 3 E of this Agreement. APPROVED AS TO FORM: ty Engineer City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corpor tion By c City manager i eid osent a an indivi ua 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 warren Farms, second Piling. This exhibit doer not apply to this development. COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS Include only those major storm 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) ANTITY UNIT COST TOTAL COST L.f. /L.f. $ Ea. Ea. S Ea. Ea. S C.Y. $ /C.Y. $ C.Y. $ /C.Y. b C.Y. $ /C.Y. E Sub -Total b ATTEST: APPROVED AS TO FORM: �Av� Assistant City Attorney Director/of Engineering ATTEST: Tracy Rozie„ Assistant Secretary CITY OF FORT COLLINS A MUNICIPAL CORPORATION Byi7L— c St %cn C. Burkett, City Manager NCP, INC., a Colorado Corpora By Gerald R. Ilaxton. President (corporate seal) EXHIBIT B - Page 2 ITEM 3. M (a) F7 DESCRIPTION QUANTITY UNIT COST TOTAL COST Right-of-way & easement acquisition S.F. $/S.F. S_ Ac. S /Ac. $ Sub -Total Professional Design Other S Lump Sum $ Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared by: Address: Ti tl e: R Exhibit "1" SCOPE OF SERVICES FOR THE UPDATED DRAINAGE MASTER PLAN FOR FOOTHILLS BASIN (BASIN G) GENERAL Currently several drainage facilities within this basin do not conform to the Foothills Basin (Basin G) Drainage Master Plan, by Resource Consultants, Inc., 1981. The purpose of this proposal is to identify the engineer analysis and design work necessary to revise the original master plan to conform to existing structures and make necessary recommendations to modify existing structures or propose new drainage facilities. The scope of services will include field survey, research of drainage information, meetings to establish a feasible and economical design approach, the development of hydrology and hydraulic models, the analysis of these models, the master planning of drainage structures and the development of Final Master Plan Report. SURVEY The existing New Mercer Ditch Canal running through the northern half of Warren Farm Area and the proposed pond area in the north- east corner of Warren Farm will be surveyed to develop an ac- curate topographic map of the area. Also included in this survey will be the existing detention area for South Meadowlark Heights which lies directly south of the Foothills Assembly of God Church. This topographic information is needed to evaluate the impact of drainage improvements and analyze the function of the existing facilities. Additional existing pond and channel con- figurations will also be verified along the principal drainage path as required. The data will be collected by RBD's "Total Station" system which will transfer information directly into our CAD system. RESEARCH OF DRAINAGE INFORMATION Research into past and current developments, in this basin, is necessary to update the existing report. This research will in- clude verification of the location of the major basin boundary, size and shape of design structures within developments and flows established in developed area. MEETINGS TO ESTABLISH THE MOST FEASIBLE AND ECONOMICAL DESIGN APPROACH Meetings will be required to gather and discuss all available and newly generated information from various sources to establish the most feasible design approach. DEVELOPMENT OF HYDROLOGIC AND HYDRAULIC MODELS The Storm Water Management Model (SWMM) will be used to create hydrographs and size drainage structures for this basin. SWMM — 1/4 — was used in the original Master Plan Report and will be matched as best as possible for any new alternatives. The Denver Urban Drainage SWMM Models; UDSWM2 or UDSWTI3 may be used as alterna- tives to the original SWMM Model. The HEC 2 (Water Surface Profiles Program from US Army Corps of Engineers, Hydrologic En- gineering Center) Model will be used to check any backwater af- fects on the existing or proposed facilities. ANALYSIS AND EVALUATION OF HYDROLOGIC AND HYDRAULIC MODELS The results of the forementioned modeling will be reviewed and evaluated with the City Storm Drainage Staff. Several intera- tions and alternatives may be required to develop the most reasonable design alternative. This part of design, will be the most time consuming because of the many variables involved, however, it is also essential to the overall usefulness and feasibility of the design recommendations. DESIGN OF MASTER PLAN DRAINAGE FACILITIES Final design plans will incorporate the approved design approach. Design plans will include canal control structures storm drain conveyance systems, detention pond grading and outlet and inlet control structures and technical specifications. FINAL MASTER PLAN REPORT The final design report will incorporate a summary of the design approach, and recommendations along with pertinent exhibits and calculations. PROBABLE BUDGET: 1. Field Survey 6 crew days @ $80/hr. x 8 hrs. CAD Data Conversion - 12 mh x $52/hr. $ 4,464.00 2. Research Existing Drainage Information 56 mh @ $55/hr. $ 3,080.00 3. Coordination Meetings 40 mh @ $55/hr. $ 2,460.00 4 mh @ $65/hr 4._ Hydrologic & Hydraulic Modeling 80 mh @ $55/hr. $ 4,400.00 5. Evaluation of Models $ 2,720.00 40 mh @ $55/hr. 8 mh @ 65/hr. — 2/4 — 6. Design of Drainage Facilities Design - 40 mh @ $55.=/hr. Q.C. - 8 mh @ $65/hr. Drafting - 60 mh @ $35/hr. CAD - 12 mh @ $52/hr. Specifications - 12 mh @ $45/hr. 7. Master Plan Drainage Report Design - 60 mh @ $55/hr. Q.C. - 8 mh @ $65/hr. Draft 24 mh @ $35/hr. 8. Clerical, Administration, and Reproduction Costs $ 5,984.00 $ 4,660.00 $ 1,955.00 $29,712.00 — 3/4 — PROJECT: F 9! 11111 LL Pw,'E' PI 0 fZl'!'l r 1 1: 1;1 f- 1- r (7- F-1. 10P I I0. : D�' TF ' I I " , ll:d PfRO�WrI741-F, PE 1 f ;I I r M E. E T I NO S A 1 1: F 10M -L I Ht, DFdHkd. 1=Psi-; 11, 1 f-- -1 1 1 t'l TOTAL H 0 TO Ffl- -P rO-FAI__ FRI f -1 1 N G I T L A f, F- F I D 1, Ct(- PROJECT COST 71- — 4/4 — Exhibit "X" DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this1�-,)1 day of_, A.D. 1986, by and between THE CITY OF FORT COLLINS, COLORADO, a Munici- pal Corporation, hereinafter referred to as "the City," and Reid L. Rosenthal, an individual, 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,: Warren Farms, Second Filing, located in the Southwest Quarter of Section 26, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, Larimar County, State of 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 util- ity 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 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 devel- oped 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 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 ade- quacy 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 Developer pertaining to the subject property described above. For the purposes of this Agreement, "devel- opment 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 the 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 stan- dards and 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 a two (2) year time limitation from the date of execution of this agreement. In the event that the Developer commences or performs any con- struction pursuant hereto after two (2) years from the date of execution of this agreement, the Developer shall resubmit the project utility plans to the City Engineer 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 City Engineer 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 seen 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 City Engineer 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 municipal development.