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HomeMy WebLinkAboutFAIRBROOKE THIRD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMFNT AGREEMENT THIS AGREEMENT, made and entered into this /V day of A.D. 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corpo- ration, hereinafter referred to as "the City," and Great Northern Invest- ment Ccrnpany, A Colorado Partnership, hereinafter referred to as "the Developer," TarrTlFcc 9ru . 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: Fairbrooke Subdivision Third Filing, A Subdivision of Tract F, Fairbrooke S.I.D. and located in the Northeast 1/4 of Section 21, T. 7 N., R. 69 W. of the 6th P. M., City of Fort Collins, Larimer County, Colorado. TWHEREAS, the developer desires to develop said property and has sub- mitted 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 lands will require increased municipal services from the City in order to serve such area and will further require the installation of certain 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 declarinq_ 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 enuity. 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 fcr the non -defaulting party's reasonable attorneys' fees and costs incurred by reason of 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. -10- ATTEST City Clerk APPROVED: C y En . n e e r GEC City Attorney THE CITY OF FORT COLLINS, COLORADO A Munici al Corporation By: C City Manager Great ^.orthern Investment Cunpany, a Colorado Partnership y John Robinson Piersal Wheeler, By: -11- FYurRrrr "All 1. Schedule of water lines to be installed out of sauuence. 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. -12- EXHIBIT "B" The Development Agreement for Fairbrooke Subdivision Third Filing. This Exhibit does not apply for this development. COST ESTIMATE FOR MAJOR DRAINAGE IMPROVE(-1ENTS Include only those major storm drainage basin improvements required by an adopted basin master plan. I TEM D':SCRIPTION 1. Storm sewer, manholes, end sections, etc. ( a) (b) (c) ­( d) Sub -Total QUANTITY UNIT COST TTTAL CAST Ea. Ea. S Ea. Ea. S 5 2. Channel excavation, detention pond excavation and riprap (a) C.Y. $ /C.Y. S (b) C.Y. S /C.Y. $ C.Y. 5 /C.Y. 5 Sub -Total - 5 EXHIBIT B - Page 2 ITEM DESCRIPTION Right-of-way & easement acquisition Sub -Total 4. Professional Design (a} Other QUA"1TITY__ _U,'IIT COST TOTAL COST S.F. S /S.F. S Ac. S /Ac. $ $ Lump Sum $ Total estimated cost of Storm Drainage improvements eligible for credit or City repayment S Prepared by: Title: Address: improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, the City has approved the subdivision plat and/or site plan submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utili- ties and other municipal improvements in connection with said lands. NOW, - THEREFORE, in consideration of the prcmises of the parties hereto 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 activities of the Developer pertaining to the subject prop- erty described above. for the pu Moses of this Agreement, "development activities" shaLl include, but not be limited, to the following: (1) The actual construction of improve- ments, (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 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) -2- year time limitation from the date of execution of this agreement. In the event that the Developer commences or per- forms any construction 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 been completed and accepted by the City. No building permits shall Py� 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. -3- E. Except as otherwise herein speci.`. ically 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, hikeways and other public improvements required by this development as shown on the plat, utility and landscape plans, on file with the 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. 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 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. A11 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 Piaster Plans and Desiqn Criteria. The Developer does hereby indemnify and hold harmless the -4- 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 Ercr� the devolopment in a manner or quantity different from that which was historically dis- charged and caused b_y the design or construction of the storm drainage.facilities, except for (1) such claims and damages as are caused by the acts or missions of the City in mainte- nance of such facilities as have been accepted by the City for maintenance; (2)-rror�-, 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 as may be given to the Developer by the City. Approval of and acceptance by the City of any storm drainage facility resign or construction shall in no manner be deemed to constitute a waiver or relin- quishment by the City of the aforesaid indemnification. The Developer shall engage a licensee 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 purchas- ers of property in the development. 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 -5- construction costs. J. "he Developer shall provide the C;-,,i Engineer_ with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construc- Lion. 2. Special Conditions. A. Water lines. Not Applicable B. Sewer lines. Not Applicable C. Stour: drainage lines and appurtenances. Not Applicable. D. Streets. The Developer and the City agree that there is no Street Oversizing reimbursement due to the Developer from the City for this development. E. Outlots A and B. The Developer and the City agree that the City shall not be responsible for the maintenance of Outlots A and B which the Developer plans to convey to the Poudre R-1 School District upon completion of the of sidewalk and landscaping improve- ments acceptable to the School District. The improvements of Outlots A and B shall be completed prior to the issuance of more than 20 Building Permits. If the aforesaid conveyance does not occur, it shall be the r:-sponsibility of the Devel_- open to maintain said outlot.s, either individually or, at the Developer's option, by creation of an association of owners, with power of assessment. 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 pub- lic right-of-way and/or other areas as deemed necessary by the City Engineer in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the constriction has been approved by the City Engineer. B. The Developer shall, at all times, keep the public right-of- way free from accumulation of waste material or rubbish caused by his operation, shall remove such rubbish no less . than weekly and, at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equip- ment, machinery, and surplus materials from the public right- of -way. The Developer further agrees to maintain the fin- ished street surfaces free from dirt caused by his operation. Any excessive accumulation of dirt and/or construction mate- rials 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 City Engineer. If the Developer fails to adequately clean -7- such streets within two (2) days after _receipt of written notice, the City may have the streets cleaned at the Pevel- oper's expense and the Developer :-hall 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 erodeable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall incorporated into the sub- division at the earliest practicable time. By way of explana- tion and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions, and/.or other devices. E. The Developer shall, Pursuant to the terms of this agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat, or on any r_eplat 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. F. Nothing herein contained shall be construed as a waiver of any requirements of the City Code, and the Developer agrees M:2 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 nr constni(-1 to be a waiver of any subsequent breach hereof. H. Financial obligations o` 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 apnr_o- priated, budgeted and otherwise made available. I. This Agreement shall run with the roal property herein above described and shall be bindinj 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 he limited to, assignment of any portion of the Developer's 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 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 terns 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 -9-