HomeMy WebLinkAboutBROWN FARM SIXTH REPLAT TRACT B BLOCK 4 - Filed DA-DEVELOPMENT AGREEMENT - 2003-05-28DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this ( �t day of JLo e-
199 rj , by and between THE CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as "the City", and Lawrence A.
Odau, an individual, hereinafter referred to as "the Developer"; and Brown
Farm Joint Venture, a Colorado General Partnership, hereinafter referred to as
"the Owner".
1VITNESSETH
WHEREAS, the Developer has entered into an agreement with the Owner
to acquire ownership of certain property situated in the County of Larimer.
State of Colorado, and legally described as follows, to -wit:
A REPLAT OF TRACT "B". BLOCK 4. BROWN FARM SIXTH
FILING, situate in section 21. township 7 North, Range 69 %Vest
of the Sixth P.M.. Fort Collins. Larimer County, Colorado.
WHERFAS. the De%cioncr _Jes1res to dcveiop said property and has
;ubmittcd to the City a subdivision plat and/or a site plan and landscape plan,
a copy of ,yhlch 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 cope 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 �:�f benefit to the lands to be developed and not to the City of Fort
Collins as a whole; and
WHEREAS, the Cite has :,proved the subdi%ision plat and.'or site plan
tnd landscape plan submitted L: the Developer subject to certain requirements
and .:onditions which involve the installation of . and construction of utilities
and other municipal improvements in connection %-ith said lands.
NOW. THEREFORE, in consideration of the promises of the parties
hereto and ether good and %aluaLlc consideration, the receipt and adequacy of
which is hercbv 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 suLiect propertv
described above. For the purposes of this agreement,
'dcyclopment activities" shall include, but not Le limited to. the
following: 1 i The actual construction Hof improvements, �)
Obtaining :i buildino, permit therefor, or ,; .-\n% chance in grade,
contour or appearance of said property caused by or on behalf of
the Developer v,-ith the intent to construct improvements thereon.
Q. .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 Citv
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,
i ire hydrants. sanitary sewer- and streets (with at least the base
_)Luse :ompictcd i _ , �. ing such structure h, been completed Ind
icccptcd I-, the Ci,',. No building permits shall be issued for any
tructure located in xccss of six hundred sixty feet 1660') from
a single point of acccss.
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." 11 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
rccs to install and pay for all water, sanitary sewer and storm
s wcr f aciiitics 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 develop-
ment r_n idle %, ith the Cite.
E. Street improvements (except curbing, gutter and walks) shall not
t,e installed until all utility lines to be placed therein have been
completely installed, including all individual lot service lines
leading in and 1'rom 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
hall be subject to such department's approval. The Developer
;arccs 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
Deveiopwk and 0) specific -directives as may be given to the
Developer , the Cite. Approval of and acceptance by the City
)I any Qtorm drainage facility design or construction shall in no
manner he deemed to constitute a waiver or relinquishment by
the Cite• 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 21 Article VI[ of the City Codc. 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,
Asign and construction costs. See Section -'.C. Special Conditions.
Storm Drainage Lines and appurtenances. for specific
instructions.
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
construction.
-. Special Conditions.
a. Water lines.
Not Applicable.
13. Sewer lines.
Not Applicable.
C. Storm drainage lines and appurtenances.
(i) The Developer and the City agree that the Developer intends
to build only one house at a time doing only enough
grading to accommodate the house being built. Therefore,
prior to the issuance of a certificate of occupancy for each
house built, the Developer shall provide certification by a
licensed professional engineer that the lot for which the
certificate of occupancy is requested has been graded 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.
D. Streets.
i i Prior t.) the i»uance ci a uilding permit for each of lots I
.hrouah 6. the Developer shall pay the City S-299.35 for the
Deveioper's proportionate share per lot for the cost of street
improvements to Drake Road along the frontage of the
Brown Farm Sixth Filing development. If the pending
litigation between the Owner and the City is resolved
prior to the issuance of all building permits and full
payment is received by the City for the full remaining
amount of Drake Road improvements, the S-99.35 payment
for each remaining lot shall not be required.
i ii) :\11 street improvements required for this development shall
be completed prior to the issuance of the first building
permit.
ii The Developer and the Cite i2rce that no street uversizing
reimbursement is due she Developer for this de�ciopment.
\liscellaneous.
A. The Developer agrees to provide
and
install, at
his expense,
adequate barricades, warning
signs
and similar safety
devices at all construction
sites
w I t h 1 n
the public
rieht-of-wav and/or other areas
as deemed necessary
by the
Director of Engineering in accordance
with the
Cit%-'s "Work
\rca Traffic Control Handbook"
and
shall not
rcmovc 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-%vay free from accumulation of ,t aste material or
rubbish caused by the Developer's operation. shall remove
such rubbish no less than weekly and. at the completion of
:hc % ork, shall remove all such >, rite materials, rubbish.
tools, =struction equipment, machinery, and surplus
El
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
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 Deyeloper fails to adequately ;Jean 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 xinds are of sufficient velocity to create
'lowing dust xhich. in the inspector's opinion, is hazardous
to the public health and welfare.
D. Mn irioc.tor K:crmines Oat crodon ickhcr hv wind
wnwr) K HUIv t_; Le a ;--roL;lem, :hc =urfacc area of
rodiLie inatchai :.xunscd it anx one ':me shall not
exceed :00,000 square feet Wr earthworks operations.
Temporary jr 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. .end 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
,bligations may be shown on the original plat and related
documents, or on any re -plat subsequently filed by the
Deyeloper, and the City may xithhold such building permits
.nd 22rtif icates qC -:zupan; Nems czcssary t-_
:nsum performance hereof.
F. 'nothing herein contained shall be construed as a waiver of
any requirements of the City Code, and the Developer
:grces to comply with all requirements of the ,amc.
Q In the cvcnt the City waives any breach of this agreement.
no such "okcr Had Pc held or nonstrUN to Vol a 0livcr (01'
any sui scqucnt breach hereof.
H. Financial obligations of the City ui Fort Collins payable
Mier Me current fiscal _. car or not appropriated ar
Pudgetcd an contingent upon funds for that purpose being
appropriated. budgeted and otherwise made avaiiable.
1. fhis 1grccmcnt _=hall run with We .:al propero 1 crein
iescHOd and shall be binding upon the parties hereto. their
personal representatives. :sirs. aucccssors. _rantces and
.signs. .-assignment of interest %; ithin me ..cannig of :his
paragraph shall specifically include. Out not be limited to. a
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convevance or assignment of anv portion of 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 bv the terms of this .-agreement.
ti. Each and Over, term and condition of this .-agreement shall
1-e deemed to be a material element thereof. In the event
either party shall fail or refuse to perform according to the
terms this aarccmcnt, such party may be declared in
.:I a��iit. L, cnt a party :as n _lc '.arcd �1 default
cr^o(. each :bail l-c allowed a period of
Ja,,s ithin hich t� cure said dctauit. In the
went the defauit remains uncorrected, the party declaring
default may elect to: (a) terminate the .agreement and seek
_iamaQes: i b) tr cat the .agreement as continuing and require
specific performance; or, (c) avail itself of any other
rcmedv 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 1 c o a I or equitable action against said
dcf aulting part}, the defaulting party shall be liable to the
non defaulting part,, for the ,.on-dcCauItII"g party s
rcasonaNc attornev.s t,ces and :osts incurred h.v reason of
the dci ault. \:othing i,cr in shall 1 c constructed to prevent
r intcrl:_. kith C.e Ci s ri�:hts _ind r-mcdics s:-cciCicd in
Par grapi-i _ k this :agreement.
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THE CITY OF FORT COLLINS, COLORADO
Municipal Corporation
B v:
City Manager
.-\TTEST-.
citv Clerk N
:\PPROV'ED \S TO FORM:
15-7
irc�tor I, i I n c c r i n a
DEVELOPER:
B %': ,
A
1(j%vrcncc A./Oddu
OWN, ER:
B R 0 \�r N F.-\RNI JOINT VENTURE.
A Colorado General Partnership
JohPR—.P. \�hecicrAc'3cncral Pirtncr
EXHIBIT "A"
1. Schedule of water lines to be installed out of sequence.
Not .applicable.
Schedule of �anitary sc%ver lines to be installed out of sequence.
Not applicable.
Schedule of' �trcet improvements to be installed out of sequence.
Not -appl:icablc.
4. Storm dr-iina�,:c improvements to be installed out of- sequence.
Not applicaLlc. -
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r A Replat of Tract "B", Block 4, Brown Farm Sixth Filling
Not Applicable
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exc .��•�, nc -r
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