HomeMy WebLinkAboutWARREN FARMS - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-11DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this ZZvxN.� day of
A.D. 1981C, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
REID L. ROSENTHAL,
Corporation, hereinafter referred to as "the City," and f3SPRfi`-f)FVf_t91Ff4Eff
an individual,
G6RR912RFi$PI---a--{devada--£erperatitm; 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:
Warren Farm Subdivision, First Filing, located in the southwest
Quarter of Section 26, 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 suhdivision 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
budgeted are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available.
I. This Agreement shall run with the real property hereinabove
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 he limited to,
assignment of any portion of the Developer's proprietary
interest in the real property hereinabove 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 hereafter transfers title to such
real property and is thereby divested of all equitable and
legal interest in said property, the City hereby agrees to
release said Developer from liability under this Agreement
with respect to any breach of the terms and conditions of
this Agreement occurring after the date of any such transfer
of interest.
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
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the Agreement as continuing and require specific performance;
or, (c) avail itself of any other remedy at law or equity.
Jim the event of default of any of the provisions hereof by
either party which shall require the party not in default to
conmence 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
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.
ATTE� �\
City Clerk
APPROVED:
Filf ;'
"L'i Icr C.ht
THE CITY OF FORT COLLINS. COLORADO
A Mu Vfcipal Corpora ion
Byt1C: C
City Manager
� r
-
Reid Rosentha ,an individual
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ki
FYNTRTT "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.
See paragraph 2. B.
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EXHIBIT "B"
The Development Agreement for Warren Farm Subdivision, First Filing.
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 QUANTITY UNIT COST TOTAL COST
1. Storm sewer, manholes, end sections, etc.
2
Sub -Total
Channel excavation, detention pond
excavation and riprap
Sub -Total
$
$
Ea.
Ea. $
Ea.
Ea. $
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. $
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
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. 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. To 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 he issued by the City until the
water lines, fire hydrants, sanitary sewer and streets (with
at least the base course completed) serving such structure
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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
and/or streets are required to provide service or access to
other areas of the City, those facilities shall he 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
line.
F. The installation of all utilities shown on the utility
drawings shall he inspected by the Engineering Division of
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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. Ali 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)
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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 he 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
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 he 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
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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.
2. Special Conditions.
A. Water lines.
The Developer agres to compensate the City for a certain
portion of the cost of an existing 24" (twenty-four inch)
water line located in the right-of-way of Horsetooth Road
adjacent to the development, which cost shall be equal to
$8.70 per foot of frontage of the development which is
adjacent to said water line, plus an inflation factor to be
computed by application of the following formula, which
utilizes the Denver Construction cost index published in the
Engineering News -Record (ENR).
(X - Y) x 100 x $8.70 x FF = Inflation factor, where
Y
X = ENR Denver Construction Cost index published the month
before reimbursement is made.
Y = ENR Denver Construction Cost Index published the month in
which the line was completed (August 16, 1979 Index =
2611.92)
FF = Total footage of this development which is adjacent to
said water line (448' four hundred forty-eight feet).
Such payment shall be due upon request for the first building
permit.
B. Storm drainage lines and appurtenances.
Prior to the issuance of more than 12 (twelve) building
permits all storm drainage improvements must be installed by
the Developer and approved by the City. No additional
permits will be issued until the Developer obtains
written approval from the New Mercer Ditch Company for
release of stormwater into the New Mercer Ditch and approval
from the City for a revised drainage plan utilizing detention
ponds. At that time a maximum of 16 additional building
M
permits will be released prior to completion of the all
drainage facilities on the approved revised plan. The
Developer shall be responsible for maintenance of all storm
drainage facilities except those within the City's
right-of-way.
C. Streets.
The City agrees to repay the Developer for oversizing
Meadowlark Avenue to collector standards in lieu of local
street standards in accordance with Section 99-6(F) of the
Code of the City of Fort, Collins. Such payment shall be in
cash to the extent City funds are then budgeted, appropri-
ated, and available. If such funds are not available, the
City shall give the Developer credit at the time the street
oversizing fee is due, in an amount equal to the final street
oversizing costs for Meadowlark Avenue, which credit may be
applied against present and future street oversizing fees.
All future street oversizing fees due from the Developer
shall be paid according to the then current fee schedule as
established by ordinance.
D.
Other. /
A111 landscaping and fencing adjacent to Horsetooth Road shall(
*prior to the issuance of
be installed by the Developer*at-the-tHm�t�i-t-apraves
the tenth building permit,
tlTe--ct)1n stftlEt'Tflfl--Ba'Pk--Si BE-�iritPfi, All landscaped areas
or December 31st, 1987.-
adjacent to Horsetooth Road shall be maintained by the
which ever comes fir
Developer for a period of two (2) years or until construction
of all public and private improvements within the subdivision
is completed, whichever is longer. At that time the City
L
shall inspect the landscaping and if acceptible shall then
take over maintenance. If the landscaping is not acceptible
the Developer shall continue to maintain the landscaping. The
City will not, at any time, be responsible for maintenance of
said fence.
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.
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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
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 respon-
sible 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
me
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
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
ISO