Loading...
HomeMy WebLinkAboutGREENBRIAR REPLAT - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-14DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this / day of i A.D. 1981, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and FIRST INTERSTATE BANK OF FORT COLLINS, N.A., 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: A Replat of Greenbriar, being a replat of a portion of Greenbriar, located in the North One -Half of the Northwest Quarter of Section 1, Township 7 North, Range 69 West of the Sixth P.M., City of Fort Collins, Larimer County, 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 utility plan for said lands, a copy of which is on file in the office of the City Engineer and nade 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 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 building permits and certificates of occupancy as it deems necessary 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 permits 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 pursuant 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 budgeted are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. I. This Agreement shall be binding upon the parties hereto, their successors, grantees, heirs, personal representatives, and assigns and shall be deemed to run with the real property above described. -10- 110..1�� �._s � �- APPROVED: FIRST INTERSTATE BANK OF FORT COLLINS, N.A., er uy -xecut1ve Vice President ATTEST _ (Corporate Seal) Sand Ste an, ecretary -11- 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. See paragraph 2.B. 4. Storm drainage improvements to be installed out of sequence. See paragraph 2.A. -12- EXHIBIT "B" The Development Agreement for a Replat of Greenbriar. 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 1. Storm sewer, manholes, end sections, etc. Sub -Total 2. Channel excavation, detention pond excavation and riprap ITY UNIT COST TOTAL COST $ $ Ea. Ea. $ Ea. Ea. $ C.Y. $ /C.Y. $ C.Y. $ /C.Y. $ C.Y. $ /C.Y. $ Sub -Total $ which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. WHEREAS, the subject property hereinabove described is a replat of said Greenbriar P.U.D. and contains a portion of that certain real property included within an earlier original plat of said Greenbriar P.U.D., dated March 30, 1979, which original P.U.D. was the subject of an earlier development agreement between the City and the last previous owners of said property, to wit, Hvolboll -Johnson Construction and Development of Nevada, Inc., Charles F. Muenzberg and Ted G. Rose; and, WHEREAS, the time period for the development of the subject property under said original P.U.D. has expired by the provisions of the Code of the City of Fort Collins; and, WHEREAS, the ownership of the subject property has been transferred to the Developer, First Interstate Bank of Fort Collins, N.A., by Sheriff's deed dated Or_tober 30, 1983, and recorded in Book 2244, Page 801 in the Office of the Clerk and Recorder for Larimer County, Colorado on November 3, 1983; and, WHEREAS, the parties hereto are desirous of entering into a new agreement pertaining to the development of said replatted property as hereinabove described, which agreement is to supersede any and all previous agreements pertaining to the development of said property, so that any such previous agreements are hereby declared to be null and void and of no effect whatsoever. 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: 1. General Conditions. -2- A. 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 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 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. B. 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 permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access . C. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, -3- 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. D. 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 facilities necessary to serve the lands within the development. E. 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 Dine. F. The installation of all utilities shown on the utility drawings 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. -4- G. 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 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 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 -5- 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. H. The Developer shall pay storm drainage basin fees in accordance with Chapter 93 of the City Code. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 93 are described together with the e<_•timated cost of the improvements on the attached Exhibit "B", which improvements shall include right of way, design and construction costs. The basin fee payable by the Developer shall be reduced by the estimated cost of said eligible improvements. 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 constructed 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 improvements and approval of the construction by the City. I. 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 construction. -6- 2. Special Conditions. A. Storm drainage lines and appurtenances. All storm drainage facilities shall be completed by the Developer and approved by the City prior to the issuance of more than thirty-eight (38) building permits. B. Streets. (i). The City agrees to repay the Developer for oversizing Willox Lane and Lemay Avenue to arterial standards in lieu of local street standards in accordance with Section 99-6.F. of the Code of the City of Fort Collins. When payment is requested by the Developer, the City's obligation for payment shall be limited to those funds then budgeted, appropriated, and available by the City for that development or work then completed. (ii). The Developer may be entitled to reimbursement for the construction of portions of Willox Lane, Lemay Avenue and Br•amblebush Street in accordance with Section 99-6.B.(6) of the Code of the City of Fort Collins. (iii). All offsite improvements to Willox Lane shall be completed prior to the issuance of any building permit. Le -may Avenue improvements must be completed prior to the issuance of more than forty-six (46) building permits. (iv). The parties acknowledge that, under Section 99-6.C.(4) of the Code of the City of Fort Collins, the Developer is liable for improvement of the adjacent one-half of Sand Creek Drive, and existing street right-of-way adjacent to the Development. Accordingly, prior to the issuance of the building permit for Lot 1, the Developer agrees to pay to the City an amount equal to 100% of the estimated costs for the improvement of said Sand Creek Drive, which cost estimate is subject to the approval of the City Engineer. Said improve- ments are to include, but not be limited to, water and sewer lines, pavement, curb, gutter and sidewalk. The actual, physical improvement of Sand Creek Drive will be undertaken at a future point in time to be determined by the City, with the cost of such future improvement to be borne by the City and any then existing third -party developer of property adjacent to Sand Creek Drive. No additional monetary contribution will be required of this Developer for such improvement, provided that no additional property is subse- quently developed by this Developer adjacent to said Drive. C. Other. (i). The Developer agrees to install landscaping in -7- accordance with the plan on file at the City Engineer's Office and agrees to maintain said landscaping for two years or until all public improvements have been installed by the Developer and approved by the City, whichever is longer. For purposes of this provision, the public improvements to Sand Creek Drive required in paragraph 2(B)(iv) above will be considered complete as of the date of payment to the City of the estimated cost of such improvement. (ii). Fencing along Willox Lane, Lemay Avenue and the proposed park site shall be subject to the following requirements: 1). No section of fence shall extend more than thirty (30) feet without a change in direction. 2). Fences shall be two-sided, open (i.e., lattice, alternating planks, split rail, etc.) and of varying heights. 3). Fences shall be of materials and design approved by the Planning Division as complimentary to surrounding development. 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 Handbook" and shall not remove said safety devices until the construction 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 equipment, machinery, and surplus materials from the public right-of-way. He further agrees to maintain the finished street surfaces free from dirt caused by his operation. Any excessive accumulation of dirt and/or construction materials am shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to the satisfaction of the City Engineer. 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 his expense and he 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 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 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