HomeMy WebLinkAboutWARREN FARMS SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-11DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this1�-A-� day of Sw:t • ,
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
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 -eal 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.
ATTEST:
APPROVED AS TO FORM:
`l 'sL
C ty Engineer
City Attorney
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By G
K iA�-_
City Manager
(77
Reid Rosenthal, an individua
1.
2
3.
4
EXHIBIT "A"
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.
Schedule of street improvements to be installed out of
sequence.
Not applicable.
Storm drainage improvements to be installed out of
sequence.
Not applicable.
EXHIBIT "B"
The Development Agreement for warren Farms, second Filing.
This exhibit does 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 QUANTITY
UNIT COST
TOTAL COST
1.
Storm sewer, manholes, end sections, etc.
(a)
L.f.
/L.f.
$
(b)
L.f.
/L.f.
$
(c)
Ea.
Ea.
$
(d)
Ea.
Ea.
$
Sub -Total $
2. Channel excavation, detention pond
excavation and riprap
(a) C.Y. $ /C.Y. $
(b) C.Y. $ /C.Y. $
(c) C.Y. $ /C.Y. $
Sub -Total
EXHIBIT B - Page 2
ITEM DESCRIPTION
3. Right-of-way & easement acquisition
(a)
(b)
Sub -Total
9
(a)
5
Professional Design
Other
UANTITY UNIT COST TOTAL COST
S.F.
_Ac. 5 /Ac. $
Lump Sum $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
Prepared by:
Address:
Ti tl e:
5
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of /l C`
199 %, 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, (hereafter
referred to as the "Property") and legally described as follows, to
wit:
WARREN FARMS SECOND FILING, located in the SE 1/4 of Section
26, T 7 N, R 69 W of the 6th P.M. , City of Fort Collins,
County of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop the 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
utility plans for the Property, 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 the Property 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 the Property.
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:
I. General Conditions
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the Property. 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 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 lines 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 (6601) 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 drainage 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 drainage facilities and appurtenances, and all streets,
curbs, gutters, sidewalks, bikeways and other public improvements
required by this development as shown on the plat, site, landscape
and utility plans, and other approved documents pertaining to this
development on file with the City.
F. Street improvements (except curbs, gutters 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
plans 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
plans 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 (and
other lands as may be required, if any). The Developer has met or
exceeded the 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 that
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 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 II.C, Special Conditions, Storm
Drainage Lines and Appurtenances, for specific instructions.
J. The Developer shall provide the Director of Engineering
with certified Record Plan Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the construction.
3
K. The Developer specifically represents that to the best of
its knowledge all portions of the Property dedicated to the City
associated with this development are in compliance with all
environmental protection and anti -pollution laws, rules,
regulations, orders or requirements, including solid waste
requirements, as defined by the U. S. Environmental Protection
Agency Regulations at 40 C.F.R., Part 261, and that such portions
of the Property as are dedicated to the City pursuant to this
development, are in compliance with all such requirements
pertaining to the disposal or existence in or on such dedicated
property of arty hazardous substances, pollutants or contaminants,
as defined by the Comprehensive Environmental Response Compensation
and Liability Act of 1980, as amended, and regulations promulgated
thereunder. The Developer does hereby indemnify and hold harmless
the City from any liability whatsoever that may be imposed upon the
City by any governmental authority, pertaining to the disposal of
hazardous substances, pollutants or contaminants, and cleanup
necessitated by leaking underground storage tanks, excavation
and/or backf'ill of hazardous substances, pollutants or
contaminants, or environmental cleanup responsibilities of any
nature whatsoever on, of or related to any property dedicated to
the City pursuant to this development. The Developer further
agrees to indemnify and hold harmless the City from any claims or
actions based directly, indirectly or in any manner on any of the
aforementioned environmental risks brought against the City by
third parties arising as a result of the dedication of portions of
the Property to the City pursuant to this development. Said
indemnification shall not extend to claims, actions or other
liability arising as a result of any hazardous substance, pollutant
or contaminant generated or deposited by the City, its agents or
representatives, upon portions of the Property dedicated to the
City pursuant to this development.
II. Special Conditions
A. Water Lines
Not Applicable
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and
off -site storm drainage improvements shall be completed by the
Developer in accordance with the approved plans prior to the
issuance of more than 5 building permits. Completion of
improvements shall include the certification by a licensed
professional engineer that the drainage facilities which serve this
development have been constructed in conformance with said approved
4
plans.
2. 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 Developer is also required to post a security deposit prior to
beginning construction to guarantee the proper installation and
maintenance of the erosion control measures shown on the approved
Plan. Said security deposit shall be made in accordance with the
criteria set forth in the Storm Drainage Design Criteria and
Construction Standards.
D. Streets.
1. Subject to the conditions of this Agreement, the City
agrees to reimburse the Developer for oversizing public street
improvements along Meadowlark Avenue for that portion of said
street abutting the Property as shown on the approved utility
plans. Reimbursement for Meadowlark Avenue shall be for oversizing
the street from residential standards to collector street
standards. The City shall make reimbursement to the Developer for
the aforesaid oversized street improvements in accordance with
Section 24-121 of the Code of the City. The Developer agrees and
understands that the City shall have no obligation to make
reimbursement payments for street oversizing unless funds for such
payments shall first have been budgeted and appropriated from the
Street Oversizing Fund by the City Council; and the Developer
further understands that to the extent that funds are not available
for such reimbursement, the City may not, in the absence of the
Developer's agreement, require the construction, at the Developer's
expense, of any oversized portion of streets not reasonably
necessary to offset the traffic impacts of the development. The
Developer does hereby agree to construct the aforesaid oversized
street improvements with the understanding that the Developer may
not be fully reimbursed by the City for the cost of such
construction. The Developer further agrees to accept payment in
accordance with Section 24-121 (d) of the Code of the City as full
and final settlement and complete accord and satisfaction of all
obligations of the City to make reimbursements to the Developer for
street oversizing expenses. It is anticipated by the City that the
City Is reimbursement, in accordance with Section 24-121 (d), would
not be less than fifty percent (50%) of the Developer's actual
expenses incurred and will be calculated in accordance with the
formula as set forth in Section 24-121 (d).
2. The Developer and the City agree that the
construction traffic impact on the existing neighborhood in the
Warren Farms First Filing (specifically on Riva Ridge Drive) is a
concern of the City. In order to reduce the amount of construction
traffic using Riva Ridge Drive, the Developer shall access the
southern portion of this development (lots 1 through 11 on Omaha
Court and Riva Ridge Drive) using Riva Ridge Road from Horsetooth
5
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
Road. The Developer shall not be restricted for construction
access to the northerly portion of this development (lots 1 through
8 on Apollo Court).
3. The Developer shall not be issued any building permit
for any building on lot 11 of this development until a temporary
turn -around is constructed and accepted by the City at the east end
of Riva Ridge Drive (the street on which said lot fronts). In
addition, driveway access for lot 10, located on the corner of Riva
Ridge Drive and Omaha Court, shall be taken from Omaha Court only
until said temporary turn -around is constructed and accepted by the
City.
III. 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 completed and 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
so that they are free from dirt caused by the Developer'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 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 its 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
11
square feet for earthworks operations. Temporary or permanent
erosion control shall be incorporated into the development at the
earliest practicable time. By way of explanation and without
limitation, said control may consist of seeding with 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 any
replat as subsequently filed by the Developer, and the City may
withhold such building permits and certificates of occupancy 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.
I. This Agreement shall run with the Property and shall be
binding upon the parties hereto, their personal representatives,
heirs, successors, grantees and assigns. It is agreed that all
improvements required pursuant to this Agreement touch and concern
the Property regardless of whether such improvements are located on
the Property. 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 Property, as well as any assignment of
the Developer's rights to develop the Property under the terms and
conditions of this Agreement.
J. In the event the Developer transfers title to the Property
and is thereby divested of all equitable and legal interest in the
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 of this Agreement shall be deemed to
be a material element hereof. In the event that either party shall
fail to perform according to the terms of this Agreement, such
party may be declared in default. In the event that a party has
been declared in default hereof, such defaulting party shall be
7
given written notice specifying such default and 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 III.E of this Agreement.
ATTEST:
CITY CLERK'
APPROVED AS TO CONTENT:
irector/of Engineering
APPROVEW AS TO FORM:
�CICC_�
City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: /{� , jd^_-
O ty Ma ag
E
DEVELOPER:
STORCK DEVELOPMENT CORPORATION,
a Colorado corp/oration
� 7v/
By:
Richard R. Storck, ne.ident
ATTEST:
By: of l w
Ale tha Lan m-Godwin, (corporate seal)
Secretary/ ensurer
0
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. Schedule of storm drainage improvements to be installed out
of sequence.
Not Applicable.
10
EXHIBIT "B"
NOT APPLICABLE
iml
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.
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
betweeg 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 =
261.1.92).
FF=Tot:al footage of this developement which is adjacent to said
wager line (497.0' four hundred ninty-seven feet).
Such payment shall be due upon request for the first building
permit.
B. Sewer Hines.
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.
(i) 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 i,ity 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
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