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HomeMy WebLinkAboutWILLOW PARK - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-16DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of A.D. 198., by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and AMERICAN CONTI- NENTAL CORPORATION, an Ohio 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: Willow Park Subdivision, located in the southwest quarter of Section 35, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of 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 EXHIBIT B ADDENDUM TO DEVELOPMENT AGREEMENT FOR WILLOW PARK SUBDIVISION THIS ADDENDUM, made and entered into this of 1982, between THE CITY OF FORT COLLINS ("City") and AMERICAN CONTINENTAL CORPORATION ("Developer"), WITNESSETH: This Addendum shall be incorporated in and constitute a part of the - Development Agreement of even date herewith. The paragraph numbers and headings in this Addendum conform to those in the Development Agreement and each paragraph hereof constitutes an Addendum to the identical paragraph in the Development Agreement. PARAGRAPH "1. General Conditions." B. A phasing map may be submitted by the Developer subject to approvale C ty establish ng the sequence of development. Phases in Dude single point access where homes may be L built in excess of the 660 foot limitation. G. The design of the storm sewer facilities and the regional detention pond are based upon the City approved McClellands-Mail Creek drainage basin study, which was provided to the Developer 44� by t" City and relied upon by the D iloper in the design of said facilities and detention pond. The design of said facili- ties are in compliance with the standards, specifications, policies and procedures of the City in effect as of the date hereof. The City shall be responsible for the maintenance of such facilities and for assuring that other developments which utilize said facilities do not discharge drainage waters into said facilities in a quantity in excess of the standards set forth in said basin study. PARAGRAPH "2. Special Conditions." B. As of the date hereof, the pro-rata share of the Warren Lake Trunk Sewer has not been determined. It is anticipated that this pro-rata share shall be determined by dividing the total cost of the line by the anticipated f number of total dwelling �Th units served by the line. e Nev�Iopers pro-rata share ahaZ then be determined by multiplying the resulting cost per unit by the number of units within the development. C. Completion of the "detention and and park site" s�ha�l mean 1 ji-61 --- qj„ completion of overlot gradingias et forth in the rbnstruction plans approved by the City. All of the provisions as set forth in paragraph I.G. of this Addendum shall also apply to and constitute part of this paragraph. ROW E. Upon completion of the installation of the required landscaping, the City shall then inspect said landscaping and approve same _F it is found to be in conformance with the approved plans, dated .January 11, 1982 and on file with the City Arborist. The Developer willthen maintain said landscaping for a period o`_ two years from the date of approvalat which time the City shall assume the maintenance and liability of same. PARAGRAPH "3. MISCELLANEOUS." B. The City and Developer agree that due to weather conditions and other factors it may be impossible to maintain the streets free of accumulations of dirt on a constant basis. The City shall only impose restrictions on building permits and other remedies it it is apparent that the Developer is obviously neglecting, his responsibilities. D. Tt is the intent of the Developer to overlot the entire development at one time, taking measures to minimize a dust problem. The City shallonly impose erosion measures on the Developer if it is obvious that the Developer is neglect— ing his responsibilities. E. The City shall utilize its power to withhold building permits to enforce this agreement judiciously. Such restrictions shall be imposed if it is obvious that the Developer is neglec— ting his repsponsibflities. 0 All other provisions of the said Development Agreement shall he in full force and effect. ATTEST: City Clerk THF. CITY OF FORT COLLINS, COLORADO A MUNICIPAL CORPORATION City Manager APPROVED: y./ City Attorney AMERICAN CONTINENTAL CORPORATION An Ohio Corporation . t 1. EvePfaFTW Vice President ATTEST: Robert J Hubbard, Jr. Assista t Secretary 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 utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions acknowledged 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, side- walks, 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 approval 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 struc- ture have been completed and accepted by the City. No build- ing permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. -2- q0 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 determines that any water lines, sanitary sewer lines, storm sewer facilities and/or streets shown on the utility plans are required to provide service or access to other areas of the City, those utilities shall be installed within the time determined by the City Engineer as referred to 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 develop- ment. 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 indivi- dual lot service lines leading in and from the main to the property line. F. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. -3- (�S `L` Sanitary sewer (oversizing, payback, etc.). The Developer agrees to repay the City for their pro-rata share of the Warren Lake Trunk Sewer. This payment shall be due upon first building permit. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). No construction shall begin on this project until the deten- tion pond and park drawings, both on and off site, are ap- proved by the City. All storm drainage facilities shall be completed, including detention pond and park site, before issuance of more than 54 building permits or 27 certificates of occupancy. Credits against the storm drainage basin fee and excess cost reimbursements, if any, shall be made in accordance with Sections 93-11 and 93-12 of the Code of the City of Fort Collins. The Developer further does hereby agree to indemnify and hold the City harmless from any liability for damage or injury which may be suffered by downstream property owners as a result of the discharge of storm drainage waters from the Developer's property in a manner or quantity dif- ferent from that which was historically discharged,* Streets (oversizing, traffic lights, signs, etc.). The City shall repay the Developer for the construction of Shields Street to arterial standards in lieu of local street standards in accordance with the Code of the City of Fort Collins Article 99-6(F). The City shall repay the Developer for the construction of Troutman Parkway and Starflower Drive to collector standards in lieu of local street standards in accordance with the Code of the City of Fort Collins Article 99-6(F). Landscaping. The Developer agrees to install landscaping as shown on the landscaping plan on file within the City Planning Department. This landscaping shall be installed prior to the issuance of 300 certificates of occupancy. The Developer agrees to guarantee all landscaping for a period of 2 years from date of acceptance of the City. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices *except for such claims and damages as are caused by negligent maintenance, or a failure to maintain such detention pond, park site and storm drainage facilities, by the City. -5- 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 supercede the standard specifications. G. All storm sewer facilities shall be so designed and con - strutted as to protect the downstream properties and to adequately serve the property to be developed (and other lands as may be required, if any). The developer hereby agrees to indemnify and hold the City harmless from any and all claims that might arise, directly or indirectly, as a result of the discharge of storm drainage or seepage waters from the devel- opment in a manner or quantity different from that which was historically discharged,* H. 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 construc- tion. 2. SRecial Conditions. A. Water lines (oversizing, payback, etc.). The Developer shall repay the City for the pro-rata share of the 16" water main located in Shields Street at a rate of $9.94 per front foot plus inflation. This payment shall be due upon request to tap main or upon request for first buil- ding permit. The City shall repay the Developer for the oversizing of water main in Troutman Parkway according to Water and Sewer policy. *exceptfor such claims and damages as are caused by negligent maintenance, or a failure to maintain such detention pond and storm sewer facilities, by the City. -4- at all construction sites within the public right-of-way and/ or other areas as deemed necessary by the City Engi- neer 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 director. 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 ac- cumulation or 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. -6- 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 buil- ding permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. F. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. 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. See H Below. ATTEST: THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By•__ter ti.,_ City Manager — City *H. Exhibit B attached hereto and incorporated herein by this reference, is an addendum to this agreement which contains additional terms and conditions which constitute part of this Agreement. \ -7 \ �$. APPROVED. 14 fYirec r of PublArks City Attorney AMERICAN CONTINENTAL CORPORATION, An Ohio Corporation Ev4 et f, Vice -President ATTEST: Robe *Se ard, Jr. Assistetary WILLOW PARK SUBDIVISION DATE: FYWTRTT "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. No street construction shall begin until soil reports and design for the streets have been completed and approved by the City. Any redesign of streets due to the soil report shall be approved before that street is constructed (i.e. Shields Street). 4. Storm drainage improvements to be installed out of sequence. Not Applicable. L``