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HomeMy WebLinkAboutROSSBOROUGH THIRD - Filed OA-OTHER AGREEMENTS - 2004-02-06Rossborough Third Filing Amendment Agreement No. 2 THIS AGREEMENT, made and entered into this 25-R day of APIZ24- , 1988, by and ('between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City"), and TRI-TREND, INC., a Colorado corporation ("Dcvcl- o pc r"). WHEREAS, the City previously executed a Development Agreement with Tri-Trend, Inc., dated on or about the 24th day of January, 1985 and also an agreement dated June 20th, 1979, (whereby the Developer was granted permis- sion to maintain a temporary house fabrication facility upon a portion of the subject property governed by the Development Agreement), and WHEREAS, the City subsequently executed an Amendment Agreement, No. I, with Tri-Trend, Inc., dated the 14th day of August, 1986 whereby certain provisions were modified in the aforesaid agreements; and WHEREAS, the Developer has received approval of a replat of a portion of the Rossborough Third Filing, known as the Rossborough Fourth Filing; and WHEREAS, the parties hereto are desirous of modifying all three such agreements referred to above; NOW THEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: I. Paragraph 2.A. of said Development Agreement, a copy of which is attached hereto as Exhibit "A", shall be replaced in it's entirety by the following: 2.A. Water Lines The City has completed the installation of a 16" water line in Horsetooth Road and Taft Hill Road. The Developer shall repay the City for his portion of said line in accordance with the City Code, Section 26-121. The amount of repayment due shall be for the base amounts listed below plus an inflation factor to be determined at the time of payment. The following is a listing of the base amounts and the timing for when repayment is due: The base amount of $17,616.70, for 1559.00 feet of the Rossbo- rough First Filing frontage along Taft Hill Road, shall be paid prior to the issuance of the first building permit west of Dunbar Avenue in the Rossborough Fourth Filing. D. Other. The Developer agrees to establish an escrow account with the City for 1000 of the estimated costs for constructing Big Ben Drive, prior to the issuance of Building Permits for either lot 239 or 240. The Developer agrees to provide at a minimum, for the lots adjacent to the Pleasant Valley and Lake Canal, a 4 (four) foot high chain link fence on the property lines adjacent to the Pleasant Valley and Lake Canal. The Developer agrees to install the landscaping and fencing adjacent to Hors etooth Road and Taft Hill Road in accordance with plans on file with the City Engineer's Office. Said landscaping shall be installed during the first growing season following the approval by the City of the construction of Horestooth Road and Taft Hill Road. All landscaped areas adjacent to Taft Hill Road and Horsetooth Road shall be maintained by the Developer for a period of two (2) years or until construction within the subdivision is completed, whichever is longer. At that time, the City of Fort Collins shall inspect the landscaping and, if acceptable to the City, then take over maintenance. Said fence shall be installed prior to the abovementioned landscape inspection. The City shall not, at any time, be responsible for any maintenance of the fence. The Developer. agrees to maintain adequate sight distance per City standards for Dunbar Avenue and Enfield Drive by limiting landscaping and fencing on the four lots on the corners of Dunbar Avenue and Enfield Drive (lots 86, 93, 177 and 205). 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 -7- right-of-way free from accumulation of waste material or rubbish caused by his operation, shall remove such rubbish no less than aeekly and, at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equ4pment, machinery, and surplus materials from the public right-of-way. He further agrees to mainta',n the finished street surfaces free from dirt caused by his 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 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 WO of explanation and without limitation, said control may consist of seeding of approved grasses, tzmpora,^y dikes, gab'ons, and/or other devices. E. The Developer shall, pursuant to the terms of this agreement, complete all improvements and perform all other obligations r•equ'red herein, as such improvements or ohligations may be shown on the original plat, or on any replat subsequently filed by the Developer, and the City may withhold such building permits and certificates of occupancy as 't deems necessary to ensure performance hereof. F. This Agreement shall he 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. G. 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. THE CITY OF FORT COLLINS, COLORADO A Municipal orpora ion By �Ti .�. City Ma'mager ATTEST: ty Clerk APPROVED: C-ity ngineer 1— so 4 ty Attorney / TRI-TREND, INC., a Colorado Corporation Roger I. Strauss, President (Corporate seal) EXHI3IT "A" 1. Schedule of water lines to be installed out of sequence. See paragraph 2.A. 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.C. A. Storm drainage improvements to be installed out of sequence. See paragraph 2.B. -11- EX( 10IT The Cevelccment "greerent for Rossborough, Third Filing. This exhibit Ices not apply to this development. Cncr -'z7.,i.4TE 'OR ORAI1!AGE r'eo40Y-11n1IS Include only those major storm drainage basin improvements recuired by an adopted basin master olan. ITE'? 0EcrIT071Cy OUANTITY UNIT COST TOTAL C^_: 1. Storm sewer, manholes, end sections, etc. (a) L.f. /L.f. s (b) L.f. /L.f. S (c) Ea. Ea. S (d) Ea. Ea. $ Sub -Total $ 2. Channel excavation, detention pond excavation and riprap (b) C.Y. S /C.Y. S (c) C.Y. S /C.Y. S Sub -Total S EXHI3IT B - Page 2 I T E'4 4. (a) DESCRIPTION Right-of-way & easement acquisition Sub -Total Professional Design Other QUANTITY UNIT COST TnTti r1c S.F. S /S.F. S Ac. S /Ac. S 61 Lump Sum S Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared by- Address: Title: S AGREEMENT THIS AGREEMENT, made and entered into this ZO Today of � -U E , 1979, by and between the CITY OF FORT COLLINS, COLORA00, a Municipal Corporation, hereinafter referred to as "the City," and TRI-TREND, INCOR- PORATED, a Corporation qualified to do business in the State of Colorado, hereinafter referred to as "the Developer." WITNESSETH: WHEREAS, heretofore, the Developer has made application to the City for approval of the Rossborough Subdivision, which Subdivision is situated in the southwest quarter of Section 27, Township 7 North, Range 69 West of the 6th Prime Meridian, City of Fort Collins, which development is to be developed as a residential subdivision; and WHEREAS, a 2.6 acre out parcel located in Tract A of the Subdivision, as reflected on the plat of the subdivision as filed in the office or :he City Clerk, City of Fort Collins, is to be used as a temporary construction site for the fabrication of the homes to be located within the development; and WHEREAS, the aforementioned temporary fabrication site is not an authorized permanent use within the "R-L-P" zone. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. The City hereby grants permission to the Developer to locate a temporary fabrication facility on Tract A of the development, as identified on the plat as recorded in the office of the City Clerk, City of Fort Collins, for the sole and express purpose of fabricating,.homes to be built in the Rossborough Subdivision. 2. It is acknowledged and agreed by and between the parties hereto that the aforementioned use is a temporary use accessory to the construc- tion of the Subdivision. 3. The temporary use authorized by this Agreement shall be permitted for a maximum period not to exceed seven (7) years from the date of the execution of this Agreement or one (1) year following the termination of development within the Rossborough Subdivision, whichever comes first. I. 4. At the expiration of the period above specified, it shall be the affirmative duty of the Developer to remove the aforementioned fabrication facility from the site or to insure that its use is an authorized use in accordance with the zoning ordinance of the City then in effect. In order to insure compliance with this p-ovision and in recognition of the fact that the City and the residents of the City as a whole suffer general, unspecified damages through the continued violat.ion of the zoning ordi- nance, the Developer agrees to pay to the City of Fort Collins as liqui- dated damages the sum of ONE HUNDRED DOLLARS ($100) per day for each and every day beyond the expiration of the terms above specified that the structure is determined to be not in compliance with the then applicable zoning ordinance. 5. The terms and conditions of this Agreement may be extended by subsequent written agreement of the parties hereto. DATED the day and year first above written. j , rr, n:: CITY OF FORT COLLINS, COLORADO C;.J ;,,:_ ,,; y A f^ ipal Corporation ATTEST: C�\ ) By: _ Cityger City Clerk \ \, ATTEST: Secretary L "the City" TRI-TREND, INCORPORATED A Colorado Corporation rl Pl\l �15 "the Developer" Q� Ne -2- - t- Exhibit A DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of-,%y8 A.D. 198by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and TRI-TREND, INC., a Colorado Corporation, hereinafter referred to as "the Developer," W TTMCCCCTLI WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally descr'bed as follows, to -wit: Rossborough, Third Filing, situate in the Southwest Quarter of Section 7.7, 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 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 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 2. The base amount of $11,969.18, for 1059.22 feet of frontage along Taft Hill Road shall be paid prior to the issuance of the 58th building permit west of Dunbar Avenue in the Rossborough Fourth Filing. 3. The base amount of $13,842.50, for 1225.00 feet of frontage along Horsetooth Road shall be paid prior to the issuance of the 90th building permit west of Dunbar Avenue in the Rossborough Fourth Filing. 11. Amendment Agreement No. I is hereby terminated, voided and rendered null and of no effect. 11I.Paragraph 2.C. of said Development Agreement shall be replaced in it's entirety by the following: 2.C. Streets. (i) The Developer agrees to complete the installation of all required improvements to Taft Hill Road and Horsetooth Road adjacent to the Rossborough Subdivisions, Filings One through Four, no later than December 31, 1989, or prior to the issuance of building permits for Lots 11 through 93 and Lots 98 through 106, in the Third Filing, which ever should first occur. The City agrees to repay the Developer for oversizing Horsetooth Road and Taft Hill Road to arterial standards in lieu of local street standards in accordance with Section 29-680 of the City Code. 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 street improvements to be constructed by the Developer under the terms of this Agreement, for which the Developer may be reimbursed by the City, shall be submitted by the Developer to a competitive bidding process and the construction of the same shall be awarded to the lowest responsible bidder. pdditiertatty;—the-Bevel©per—sttatY Frovide"ttse City _wrtr-a... good arid---safFieieat—per4'e��tanee--fiend-- ar--ether-- cqu-iva knt_..-sae ur iry covering-t#te cstitttaieZft��+�:. IV. Paragraph 3. of said Agreement of June 20, 1979, a copy of which is attached hereto as Exhibit "B", is replaced in its entirety as follows: 3. The temporary use authorized by this Agreement shall be permitted to continue until the termination of the development within the Rossbo- rough Subdivisions. "Termination of the development" shall mean either: (1) failure to construct any new single family residences within the development for a period of twelve consecutive months, or (2) failure to utilize the above mentioned facility for the purpose of fabricating homes for the development for a period of twelve conse- cutive months. -2- U i- which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions acknowledge by the parties hereto, it is agreed as follows: 1. General Conditions. 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 standard specifications of the City on file in the Office of the City Engineer at the time of construction of the utility plans relating to the specific utility, subject to any time limitations as provided by Ordinance. 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, 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 -2- 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. E.xcept 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 line. 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. G. All storm drainage facilities shall be so designed and constructed by the Developer as to protect downstream and -3- adjacent properties aga'nst injury and to adequately serve the property to be developed (and other lands as may be required, 'f 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 relinqu'shment 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, subsequent purchasers of property in the development and downstream and adjacent property owners all of whom shall be third party heneficiaries of said agreement between the Developer and Engineer. H. The Developer shall pay storm drainage basin fees n 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 estimated 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. -5- 2. Special Conditions. A. Water lines. The Developer agrees to install a sixteen (16) inch water line in Horsetooth Road and Taft Hill Road ',n accordance :iith the plans on file with the City. The City agrees to repay the Developer for oversiz'ng said line in accordance with the Code of the City of Fort Collins, Article 112-41. If The City should install said line prior to the Developer commencing construction of said line, the developer shall repay the City for his portion of said line in accordance with the Code of the City of Fort Collins, Article 112-41. B. Storm drainage lines and appurtenances. All storm drainage facilities for Phase 1 (the area east of Dunbar Avenue) shall be completed by the developer and approved by the City prior to the release of more than 43 Ruild',ng Permits. The remainder of the storm drainage facilities shall be completed by the Developer and approved by the City prior to the release of more than 169 Building Permits. C. Streets. The Developer agrees to complete the installation of all improvements to Taft Hill Road and Horsetooth Road adjacent to the Rossborough Subdivisions, Filings One through Three, no later than December 31, 1986. In the event that it is not economically feasible to finance the improvements by said date, the parties agree to renegotiate in good faith the terms relative to timing of development improvements, but in no event shall any Building Permits for Phase 1 (the area east of Dunbar) be issued until the improvements to Horsetooth Road are completed by the Developer and approved by the City and in no event shall any Building Permits for Phase 2 (the area west of Dunbar Avenue) be issued until the improvements to Taft Hill Road have been completed by the developer and approved by the City. The City agrees to r-pav the Developer for overs'z',ng Horsetooth Road and Taft Hill Road to arterial standards in lieu of local street standards in accordance with the Code of the City of Fort Collins, Article 99-6.F. 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 develooment or work then completed. M D. Other. The Developer agrees to establish an escrow account with the City for 100% of the estimated costs for construct'.ng Big Ben Drive, prior to the issuance of Building Permits for either lot 239 or 240. The Developer agrees to provide at a minimum, for the lots adjacent to the Pleasant Valley and Lake Canal, a 4 (four) foot high chain link fence on the property lines adjacent to the Pleasant Valley and Lake Canal. The Developer agrees to install the landscaping and fencing adjacent to Horsetooth Road and Taft Hill Road in accordance with plans on file with the City Engineer's Office. Said landscaping shall be installed during the first growing season following the approval by the City of the construction of Horestooth Road and Taft Hill Road. All landscaped areas adjacent to Taft Hill Road and Horsetooth Road shall be maintained by the Developer for a period of two (2) years or until construct -,on within the subdivision is completed, whichever is longer. At that time, the City of Fort Collins shall inspect the landscaping and, if acceptable to the City, then take over maintenance. Said fence shall be installed prior to the abovementioned landscape inspection. The City shall not, at any time, be responsible for any maintenance of the fence. The Developer agrees to maintain adequate sight distance per City standards for Dunbar Avenue and Enfield Drive by limiting landscaping and fencing on the four lots on the corners of Dunbar Avenue and Enfield Drive (lots 86, 93, 177 and 205). 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 -;gay 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 -7- right-of-way free from accumulation of waste material or rubbish caused by his operation, shall remove such rubbish no less than :ieekly 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 mainta,n the finished street surfaces free from dirt caused by his 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 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 M i of explanation and without limitation, said control may consist of seeding of approved grasses, t=mporary dikes, gabions, and/or other devices. E. The Developer shall, pursuant to the terms of th's 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 building permits and certificates of occupancy as it deems necessary to ensure performance hereof. F. This Agreement shall he 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. G. 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. THE CITY OF FORT COLLINS, COLORADO A Municipal orpora�ion By tt '-I awe r ATTEST: a City Clerk l� APPROVED: ity Engineer M t �yZ City ttorney A TRI-TREND, INC., a Colorado CoLoration n Roger. Strauss, Pres'dent (Corporate seal) J -10- i F YN T R TT "A" 1. Schedule of water lines to be 4,,nstalled out of sequence. See paragraph 2.A. 2. Schedule of sanitary sewer lines to be installed out of sequence. Not Appl cable. 3. Schedule of street improvements to be installed out of sequence. See paragraph 2.C. 4. Storm drainage improvements to be installed out of sequence. See paragraph 2.B. -11- Except as herein amended or modified, the Development Agreement, and the Agreement dated June 20, 1979, shall continue in full force and effect. This Agreement and the two above mentioned agreements constitute the entire understanding of the parties, Amendment Agreement No. I, having been hereby terminated and replaced in its entirety by this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first written. ATTEST: ININ , 1� uS APPROV AS TO FORM: GUtiI� ✓�- City Attorney -6. City gineer ATTES i C/t%fi7b -Kick'Bettis, Secretary CITY OF FORT COLLINS a munic' as/�orati� By: City Manager TRI-TREND, INC., a Colorado corporation By: Roger rauss, president -3- (Corporate Seal) EXHIBIT "3" The Development Agreement for Rossborough, Third Filing. This exhibit does not apply to this development. COST ESTI'•+ATE FOR "AJOR DRAINAGE INoP,OVE.!'E`JTS Include only those major storm drainage basin improvements required by an adopted basin master plan. ITE'1 DESCRIPTION 1. Storm sewer, manholes, end sections, etc. (a) (b) (c) (d) Sub -Total 2. Channel excavation, detention pond excavation and riprap Sub -Total TITY UNIT COST TOTAL COS L.f. /L.f. S L.f. /L.f. S Ea. Ea. S Ea. Ea. S 6 C.Y. S /C.Y. S C.Y. 5 /C.Y. S C.Y. S /C.Y. S 3 EXHI3IT B - Page 2 ITEM DESCRIPTION 3. Right-of-way & easement acquisition (a) (b) 4. (a) Sub -Total Professional Design Other UANTITY UNIT COST TOTAL COS S.F. S /S.F. S Ac. $ /Ac. S S Lump Sum S Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared bys Address: Title: 5 Exhibit 6 AGREEMENT THIS AGREEMENT, made and entered into this 2-07-4S� day of � 0 E , 1979, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and TRI-TREND, INCOR- PORATED, a Corporation qualified to do business in the State of Colorado, hereinafter referred to as "the Developer." WITNESSETH: WHEREAS, heretofore, the Developer has made application to the City for approval of the Rossborough Subdivision, which Subdivision is situated in the southwest quarter of Section 27, Township 7 North, Range 69 West of the 6th Prime Meridian, City of Fort Collins, which development is to be developed as a residential subdivision; and WHEREAS, a 2.6 acre out parcel located in Tract A of the Subdivision, as reflected on the plat of the subdivision as filed in the office of the City Clerk, City of Fort Collins, is to be used as a temporary construction site for the fabrication of the homes to be located within the development; and WHEREAS, the aforementioned temporary fabrication site is not an authorized permanent use within the "R-L-P" zone. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. The City hereby grants permission to the Developer to locate a temporary fabrication facility on Tract A of the development, as identified on the plat as recorded in the office of the City Clerk, City of Fort Collins, for the sole and express purpose of fabricating homes to be built in the Rossborough Subdivision. 2. It is acknowledged and agreed by and between the parties hereto that the aforementioned use is a temporary use accessory to the construc- tion of the Subdivision. 3. The temporary use authorized by this Agreement shall be permitted for a maximum period not to exceed seven (7) years from the date of the execution of this Agreement or one (1) year following the termination of development within the Rossborough Subdivision, whichever comes first. 4. At the expiration of the period above specified, it shall be the affirmative duty of the Developer to remove the aforementioned fabrication facility from the site or to insure that its use is an authorized use in accordance with the zoning ordinance of the City then in effect. In order to insure compliance with this provision and in recognition of the fact that the City and the residents of the City as a whole suffer general, unspecified damages through the continued violation of the zoning ordi- nance, the Developer agrees to pay to the City of Fort Collins as liqui- dated damages the sum of ONE HUNDRED DOLLARS ($100) per day for each and every day beyond the expiration of the terms above specified that the structure is determined to be not in compliance with the then applicable zoning ordinance. 5. The terms and conditions of this Agreement may be extended by subsequent written agreement of the parties hereto. DATED the day and year first above written. _ CITY OF FORT COLLINS, COLORADO ;s J L,i7 ;, _ ,,; y A f4 pal Corporation ATTEST: C I i By: _ 7 c., \ Cit ber k ity Cler ATTEST: Secret-dry - "the City" TRI-TREND, INCORPORATED A Colorado Corporation �1 q �ti 5 "the Developer" �y v -2- nsshorough Third Filing Amendment. Agreement No.l THIS AGREEMENT, made and entered into this jgll day of Augt �k - IMO, by and between the CITY OF FORT COLLINS, COLORAOO, a muh ri.ipal corporation ("City"), and TRI-TREND, INC., a Colnradn cnrporation ("Developer"). WHEREAS, the City previously executed a Development Agreement with Tri-Trend, Inc., dated on or about the 24th day of January, 1985 and also an agreement dated Juno 20th, 1979, whereby the Developer was granted permission to maintain a temporary fabrication facility, inpart a portion of the subject property governed by the Development Agreement; and WHEREAS, the parties hereto are desirous of modifying both such agreements referred to above; NOW THEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: Paragraph 2.C. of said Development Agreement, a copy of which is attached hereto as Exhibit "A", shall he replaced in its entirety by the following; 2.C. Streets. The Developer agrees to complete the installation of all required improvements to Taft Hill Road and Horsetooth Road adjacent to the Rosshorough Subdivisions, Filings One through Three, no later than December 31, 1987, or prior to the issuance of building permits for Lots 11 through and including 93 and Lots 9R through and including Lot 106, whichever should first occur. The City agrees to repay the Developer for oversizing Horsetooth Road and Taft Hill Road to arterial standards in lieu of local street standards in accordance with Section 99-6.F. of the Code of the City of Fort Cnllins. When payment is requested by the Developer, the City's obligation for payment shall be limited to those funds then hudgetad, appropriated, and available by the City for that development or work then completed. The Developer agrees to estahlish an escrow account with the City for 100% of the estimated costs for constructing Rig Ben Drive, prior to the issuance of building permits for either lot ?39 or 240. Paragraph 3 of the June 20, 1979, Agreement, a copy of which is attached hereto as Exhibit "B" is replaced in its entirety as follows: 3. The temporary use authorized by this Agreement shall he permitted to continue until July 31, 19RR, or upon the termination of the development within the Rnssbornugh Subdivision, whichever should first occur. "Termination of the development" shall mean either: ( 1 ) failure to construct any new single family residences within the development for a period of one (1) year, or (2) failure to utilize the ahovempntionpd facility for the purpose of fabricating homes for the development for a period of one (1) year. Except as herein amended or modified, the Development Agreement and the Agreement dated June 20, 1979 of shall continue in full force and effect. This Agreement and the two ahovempntioned agreements constitute the entire urderstanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first written. CITY OF FORT COLLINS a municipal corporation Ry` Cify Manager ATTEST: APPROYPP AS�TO/FORM: QLG-Gam---- City Attorney City En eer TRT-TREND, INC., a Colorado corporation RogeStrauss, President ATTEST- , -- (Corporate Seal) Rick Bettis, Secretary DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of� i A.D. 198�, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and TRI-TREND, INC., a Colorado Corporation, 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,: Rossborough, Third Filing, situate in the Southwest Quarter of Section 7.7, 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 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 Font 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 utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions acknowledge by the parties hereto, it is agreed as follows: 1. General Conditions. 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 standard specifications of the City on file In the Office of the City Engineer at the time of construction of the utility plans relating to the specific utility, subject to any time limitations as provided by Ordinance. 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 heave 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, 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 -2- and/or streets are requ'red to provide serv',ce 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 Condit'ons" 'n 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 line. 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. G. All storm drainage facilities shall be so designed and constructed by the Developer as to protect downstream and -3- adjacent properties against injury and to adequately serve 'the property to be developed (and other lands as may be requ`:red, if any). The Developer has met or exceeded inin'.mum requ`,rements 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 d',scharge of injurious storm drainage or seepage waters from the development in a manner or quantity d4fferent 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 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 -4- ',n 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 estimated 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. -5- 2. Special Condi'_',ons. A. Water lanes. The Developer agrees to install a s'xteen (16) inch water 14ne in Horsetooth Road and Taft Hill Road 'n accordance :rich the plans on file with the City. The City agrees to repay the Developer for overs'zing said line 'n accordance with the Code of the C'ty of Fort Collins, Article 112-41. If The City should 'nstall said 14ne prior to the Developer commencing construct'on of said line, the developer shall repay the City for his portion of said line in accordance with the Code of the City of Fort Collins, Article 112-41. B. Storm drainage lines and appurtenances. All storm drainage facilities for Phase 1 (the area east of Dunbar Avenue) shall be completed by the developer and approved by the City prior to the release of more than 43 Ru'ld'ng Permits. The remainder of the storm drainage facil4t4es shall be completed by the Developer and approved by the City prior to the release of more than 169 Building Permits. C. Streets. The Developer agrees to complete the installation of all improvements to Taft Hill Road and Horsetooth Road adjacent to the Rossborough Subd'v'sions, Filings One through Three, no later than December 31, 1986. In the event that it is not economically feasible to finance the improvements by said date, the parties agree to renegotiate in good faith the terms relative to timing of development improvements, but in no event shall any Bu'lding Permits for Phase 1 (the area east of Dunbar) be issued until the improvements to Horsetooth Road are completed by the Developer and approved by the City and in no event shall any Building Permits for Phase 2 (the area west of Dunbar Avenue) be issued until the improvements to Taft Hill Road have been completed by the developer and approved by the City. The City agrees to repay the Developer for oversiz'ng Horsetooth Road and Taft Hill Road to arterial standards in lieu of local street standards in accordance with the Code of the City of Fort Collins, Article 99-6.F. When payment 's requested by the Developer, the City's obligation for payment shall be limited to those funds then budgeted, appropr'ated, and available by the City for that development or work then completed. we