HomeMy WebLinkAboutEMERSON ACRES - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
n . 1988, by and between THE CITY OF FORT COLLINS, COLO-
RADO, a Municipal Corporation, hereinafter referred to as "The City", and
ROBERT A. DICK.INSON and KAREN DICKINSON, hereinafter referred to
as "the Owner," and FEDERAL LAND BANK OF WICHITA, in the State of
Kansas, and FARMERS HOME ADMINISTRATION hereinafter referred to col-
lectively as "the Lien Holder."
WITNESSETH
WHEREAS, the Owner is the Owner of certain property situated in the
Count`- of Larimer, State of Colorado, and legally described as follows, to -wit:
EMERSON ACRES SUBDIVISION, being that portion of "Emer-
son Acres Annexation" to the City of Fort Collins, Colorado,
situate in the SW 1/4 of Section 18, T6N R68W of the 6th P.M.,
Larimer County, Colorado.
WHEREAS, the Owner desires to develop said property and has submitted
to the City a subdivision plat and/or a site plan and landscape plan, a copy of
which :s on file in the Office of the Director of Engineering and made a part
hereof by reference; and
WHEREAS, the Owner has further submitted to the City a utility plan
for said lands, a copy of which is on file in the office of the Director of
Engineering and made a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of said
lands will require increased municipal services from the City in order to serve
such area and will further require the installation of certain improvements
primarily of benefit to the lands to be developed and not to the City of Fort
Co(nns as a whole; and
WHEREAS, the City has approved the subdivision plat and/or site plan
and landscape plan submitted by the Owner subject to certain requirements and
conditions which involve the installation of and construction of utilities and
other municipal improvements in connection with said lands.
NOW, THEREFORE, in consideration of the promises of the parties
ncrcto and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, it is agreed as follows:
1. General Conditions.
A. The terms of this
Agreement shall govern all
development activi-
ties of
the Owner
pertaining to the
subject
property described
above.
For the purposes of this Agreement,
"development
activi-
ties" 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 appear-
EXHIBIT "6"
The De% -el c ,�2r,t nnogree7,ent for Emerson Acres Subdivision.
This is not applicable.
COST EST =,TE FOR=i:TS
Include
na,��r
only those naj or stor-a drai naee. basin
pi an
ry
;,;,pove- ents re^ ;red b
an adcpted
basin
IT";
DES_ :?-:O'!
0Un',T:71' U';IT
CO:T
70i .L COS`
I
Stor-, se.;2r, nanholes, end sections,
etc.
(a)
L.f-
{b)
L.f.
/L.f.
S_
(c)
Ea.
Ea.
S
Ea.
Ea.
S
Sub -Total
S
2. Channel exc-mvation, detention pond
excavation and riprap
!a)
_C.Y: S /C.Y- S
C.Y. S /C.Y. S
C.Y. S /C.Y. S
Sub -Total
EXHI3IT a - Page 2
I IH DESCRIPTION U ^ `!T T
_ Q N,. I Y U11I T COS i TO I i-.L COST
Right-of-way & easement acquisition
S.F. S /S.F. S
Ac. S /Ac. S
Sub -Total
Professional Design
Other
S
Lump Sun, S
S
S
S
Total estimated cost of Store Drainage improvements eligible for
credit or C-i ty repayment
S
Prepared by: Title:
Address:
ance of said property caused by or on behalf of the Owner 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 specifi-
cations of the City on file in the Office of the Director of
Engineering to the specific utility, subject to a three (3) year
time limitation from the date of execution of this agreement. In
the event that the Owner commences or performs any construc-
tion 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 reexami-
nation. The City may require the Owner 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 hydracts, sanitary sewer and streets (with at least the base
course completed) serving such structure have been completed and
accepted by the City. No building permits shall be issued for any
structure located in excess of six hundred sixty feet (660') from
a single point of access.
D. Any water lines, sanitary sewer lines, storm drainage lines, and/or
streets described on Exhibit "A", attached hereto, shall be
installed within the time and/or sequence required on Exhibit
"A". If the Director of Engineering has determined that any
water lines, sanitary sev1-r 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 Owner within the time as established
under "Special Conditions" in this document.
E. Except as otherwise herein specifically agreed., the Owner agrees
to install and pay for all water, sanitary sewer and storm sewer
facilities and appurtenances, and all streets, curbing, gutter,
sidewalks, bikeways and other public improvements required by
this development as shown on the plat, utility and landscape
plans, and other approved documents pertaining to this develop-
ment on file with City.
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.
-2-
G. The installation of all utilities shown on the utility drawings
shall be inspected by the Engineering Department of the City and
shall be subjected to such department's approval. The Owner
agrees to correct any deficiencies in such installations in order to
meet the requirements of the plans and/or specifications applica-
ble 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 Owner as to protect downstream and adjacent properties
against injury and to adequately serve the property to be devel-
oped (and other lands as may be required, if any). The Owner
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 Owner does hereby indem-
nify 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 histori-
cally 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 mainte-
nance 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); (3)
specific directives as may be given to the Owner by the City,
and (4) damages, if any, caused by the installation of the culvert
system under Lemay Avenue which was constructed with the
South Lemay Special Improvement District. This exception (4)
shall not be construed to constitute an admission by the City that
said construction has in any manner changed the historic flow to
the Owner's injury.) 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 Owner 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 develop-
ment.
The Owner shall pay storm drainage basin fees in accordance with
Chapter 26, Article VII of the City Code. If applicable, 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 shall include right-of-way, design and
construction costs. See Section 2.C, Special Conditions, Storm
Drainage Lines and Appurtenances, for specific instructions.
-3-
J. The Owner shall provide the Director of Engineering with certi-
fied Record Utility Drawing Transparencies on Black Image
Diazo Reverse Mylars upon completion of any phase of the con-
struction.
2. Special Conditions.
A. Water lines.
Not .Applicable.
B. Sewer lines.
Not .Applicable.
C. Storm drainage lines and appurtenances.
(i) Ft is agreed that the City will provide an Engineering Study
of the volume of flows during a 100-year storm event that
will be conveyed through the culvert system under Lemay
Avenue which was constructed with the South Lemay Spe-
cial Improvement District (S.I.D. #86). Using the results of
this study, the City, at its own expense, will then construct
the improvements recommended in the study with the intent
of channelizing the 100-year flow to approximately the
outfall (east end) of the existing field drain in the
tributary to Stanton Creek. These improvements shall be
constructed within the dedicated easement on the Emerson
Acres Subdivision plat. The failure of the City to construct
these improvements shall not impair the Owner's ability to
develop the property.
(ii) It is agreed that in order to prevent any inhibition of the
storm flows in Stanton Creek and to preserve the integrity
of the 100-year floodplain, any fencing in this area must be
of a variety and type which allows flows to pass through
without any impoundment. These fences are known as
"floodgate" or "break -away" and are designed to convey
storm flows in such a manner as to not decrease the storm
flow velocity or cause the storm flows to expand beyond
the floodplain boundary.
(iii) It is agreed that presently vegetated banks of Stanton Creek
act as a natural deterrent to soil erosion. In order to
maintain this stabilization feature and to prevent soil
erosion, all natural grasses and vegetation shall be preserved
along Stanton Creek and its tributary to the west. If the
natural grasses or the stream bank is damaged so as to
cause increased soil erosion, the City shall reserve the right
to enter the easement of the 100-year floodplain to repair
and restore the stream bank stabilization features. The City
agrees to not enter this casement without the prior written
notification to the affected property owner. If it is
determined by the City that the damage was due to the
actions of the property owner(s), such as the activities of
-4-
livestock on the drainways, the City reserves the right to
charge the owner(s) for expenses incurred, and if unpaid 30
days after billing, to assess a first and prior lien upon the
lot or lots upon which the drainage occurred, in the same
manner as established in Section 20-45 of the City Code
pertaining to weeds, brush and rubbish.
D. Streets.
(i) Lots one through five of the Development will be allowed to
develop under the guidelines of the r-1-p zone district as
fully described under Sections 29-146 through 29-160 of the
City of Fort Collins Zoning Code without having to design,
construct, or pay for street improvements to Lemay Avenue.
However, it is agreed that should any individual or group
of lot owners re -subdivide to create additional lots, or
rezone to a more intensive use zoning district, or apply for
a Planned Unit Development that increases the intensity of
land use beyond that allowed by the r-1-p zoning, then that
owner, or owners, shall design, construct, and pay for the
"future street improvements" for the streets within or
adjoining their property as an obligation of such develop-
ment. It is further agreed that should the City of Fort
Collins or Larimer County (as a third party beneficiary of
this Agreement) form a Special Improvement District for the
purpose of designing, constructing and paying for street and
other public improvements along Lemay Avenue or County
Road #32, then the owner(s) of lots within the Development
having frontage on the affected street shall be obligated
and do hereby agree to participate in said improvements
through such Special Improvement District in accordance
with City Code and rules and regulations of the City of
Fort Collins or Larimer County, as applicable.
(ii) For the purpose of encouraging prudent review of future
development obligations and in order to reinforce consumer
awareness, a separate development agreement may be entered
into by each lot owner with the City of Fort Collins at the
time of building permit application. This development
agreement shall state the obligation or potential obligation
on the part of the lot owner for future street improvements
and include a "Consent to Inclusion" in a future Special
Improvement District.
(iii) It is hereby agreed that
improvements" shall be the
arterial street standard.
the extent of the "future street
"residential street portion" of the
-5-
3. Miscellaneous.
A. The Owner agrees to provide and install, at his expense,
adequate barricades, warning signs and similar safety
devices at all construction sites within the public right-of-
way and/or other areas as deemed necessary by the Director
of Engineering in accordance with the City's "Work Area
Traffic Control Handbook" and shall not remove said safety
devices until the construction has enen ap-oroved by the
Director of Engineering.
B. The Owner shall, at all times, ke V t�h�n"blic right-of-way
free from accumulation of waste"material or rubbish caused
by the Owner's operation, shall remove such rubbish no less
than weekly and, at the ompletion of the work, shall
remove all such waste m erials, rubbish, tools, construction
equipment, machinery, a d surplus materials from the public
right-of-way. The riper further agrees to maintain the
finished street surfaces free from dirt caused by the
Owner'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
Owner fails to adequately clean such streets within two (2)
days after receipt of written notice, the City may have the
streets cleaned at the Owner's expense and the Owner shall
be responsible for prompt payment of all such costs.
C. The Owner hereby insures that his subcontractors shall
cooperate with the City's construction inspectors by ceasing
operations when winds are of sufficient velocity to create
blowing dust which, in the inspector's opinion, is hazardous
to the public health and welfare.
D. When the inspector determines that erosion (either by wind
or water) is likely to be a problem, the surface area of
erodible earth material exposed at any one time shall not
exceed 200,000 square feet for earthworks operations.
'Temporary or permanent erosion control shall be incorpor-
ated 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 Owner 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 on any
replat subsequently filed by the Owner, and the City may
withhold such building permits and certificates of occupancy
as it deems necessary to ensure performance hereof.
F. 114othing herein contained shall be construed as a waiver of
any requirements of the City Code, and the Owner 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 real property herein
above described and shall be binding upon the parties
hereto, their personal representatives, heirs, successors,
grantees and assigns. Assignment of interest within the
meaning of this paragraph shall specifically include, but not
be limited to, a conveyance or assignment of any portion of
the Owner's real or proprietary interest in the real property
herein after described, as well as any assignment of the
Owner's rights to develop such property under the terms and
conditions of this Agreement.
J. In the event the Owner 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 Owner
from liability under this Agreement with respect to any
breach of the terms and conditions of this Agreement occur-
ring after the date of any such transfer of interest. In such
event, the succeeding property owner shall be bound by the
terms of this Agreement.
K. Each and every term and condition of this Agreement shall
be deemed to be a material element thereof. In the event
either party shall fail or refuse to perform according to the
terms of this Agreement, such party may be declared in
default. In the event a party has been declared in default
hereof, such defaulting party shall be allowed a period of
five (5) days within which to cure said default. In the
event the default remains uncorrected, the party declaring
default may elect to: (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require
specific performance; or, (c) avail itself of any other
remedy at law or equity.
L. In the event the default of any of the provisions hereof by
either party which shall require the party not in default to
commence legal or equitable action against said defaulting
party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable
attorney's fees and costs incurred by reason of the default.
Nothing herein shall be construed to prevent or interfere
with the City's rights and remedies specified in Paragraph 3
E of this Agreement.
-7-
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
City Manager
A TEST:At
��IYS +Vl�
L 11
City Clerk
APPROVED AS TO FORM:
-Direct /of Engineering
City Attorney
The Lien Holder, The Farm Credit Bank of
Wichita, Wichita, Kansas, hereby consents
and acknowledges Owners Development Plan.
However, the Lien Holder accepts no
liability or responsibility to plan or
owners obligations. The Lien Holder is
not a party to this agreement.
LIEN HOLDER:
The Farm Credit Bank of Wichita, Wichita,
Kansas
Ninth District Federal Land Bank Association
Fort Collins
BY:
Vice President - Administration
OWNER:
By:t� zf% �v9cs�
R B RT A. DICKTNSON
KAREN DICKINSOTA
LIEN HOLDER:
FEDERAL LAND BANK OF WICHITA, in the
State of Kansas
2
itle:
FARMERS HOME ADMINISTRATION
By
Title.
Farmers Home Administration (FmHA) hereby
consents and acknowledges this "Development
Agreement". However, FmHA accepts no
liability or responsibility to this
Agreement or Owner's obligations. FmHA
is not a party to this agree ent.
BY : n�_ . vv- �14 (�
Title:
-8-
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.
men