Loading...
HomeMy WebLinkAboutCLARENDON HILLS FOURTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-07DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City" and CLARENDON HILLS ASSOCIATES, a Colorado Limited Partnership, hereinafter referred to as "the Developer". WITNESSETH WHEREAS, the Developer is the Owner of certain property situated in the County of Larimer, State of Colorado, and legally described as follows, to wit: CLARENDON HILLS FOURTH FILING, Situate in the West Half of Section :Z, Township 6 North, Range 69 West of the 6th P.M., 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 and landscape plan, a copy of which is on file in the office of the Director of Engineering and made a part hereof by reference; and WHEREAS, the Developer has further submitted to the City a utility plans for said lands, a copy of which is on file in the office of the Director of Engineering and made a part hereof by reference; and WHEREAS, the parties hereto have agreed to 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 and landscape 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 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: IL 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. Shields Street shall be completed as described in this Agreement. 4. Schedule of storm drainage improvements to be installed out of sequence. Storm drainage improvements on or under Shields Street shall be completed along with the street improvements on Shields Street. 10 IL EXHIBIT "B" To be added to this Agreement by Amendment Agreement. 11 PHASING OF SHIELDS STREET IMPROVEMENTS FIRST AMENDMENT AGREEMENT 1 CIS AMENDMENT AGREEMENT, made and entered into thisday of,.;�_(� 1991, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("the City"), and CLARENDON HILLS ASSOCIATES, LTD., a Colorado limited partnership, ("the Developer"), .is an amendment to that certain Agreement, regarding the phasing of Shields Street improvements, dated the 14th day of September, 1987, by and between the City and the Developer hereafter referred to as the "Phasing Agreement". WHEREAS, the parties hereto previously executed the Phasing Agreement; and WHEREAS, the parties are presently desirous of modifying the Phasing Agreement. 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, the parties agree as follows: Paragraph (5) on page 3 of the Phasing Agreement is hereby deleted. Except as herein amended the Phasing Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. CITY OF FORT COLLINS, COLORADO A Municipal Cor oration City Mana er ATTEST: CITY CLERK APPROVED AS TO FORM: rector' of Engineering City Attorney 1 It ATTEST: yv��z rrie Burgess, Secretary DEVELOPER: CLARENDON HILLS ASSOCIATES, LTD., a Colorado Limited Partnership By: Nordic Cons ruction and v opment' c. y . dick, Presi (corporate seal) CLARENDON HILLS FOURTH FILING FIRST AMENDMENT AGREEMENT THIS AMENDMENT AGREEMENT, made and entered into this li day of 199 j , by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City"), and CLARENDON HILLS ASSOCIATES, a Colorado limited partnership, ("Developer"), is an amendment to that certain Development Agreement dated the 13th day of March, 1991, by and between the City and the Developer, ("Development Agreement"). WHEREAS, the parties hereto previously executed the Development Agreement; and WHEREAS, the parties are presently desirous of modifying the Development Agreement. 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, the parties agree as follows: Page 11, EXHIBIT "B", of the Development Agreement shall be modified entirely by adding. the attached EXHIBIT "B". Except as herein amended or modified, the Development Agreement shall continue in full force and effect. This Agreement and the Development Agreement constitute the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. CITY OF FORT COLLINS, COLORADO a municipal corporation By: Steven C. Burkett City Manager ATTEST: City Clerk APPROVEEL AS TO FORM: City Attorney APPROVED AS TO CONTENT: Iz- Director E Engineering ATTEST: By: Lor ie BurgessGI Secretary Developer: CLARENDON HILLS ASSOCIATES, a Colorado limited partnership By: Nordic Construction and -- - -Dave lobment "Inc . By: dick, Pre -ident (corporate seal) EXHIBIT "B" The Development Agreement for Clarendon Hills Fourth Filing COST ESTIMATE FOR UJOR DRAINAGE TnPROVEMENTS --------------------------------------------- ITEM DESCRIPTION -------------------- I. BURNS TRIBUTARY CROSSING OF SHIELDS STREET A. Remove Existing Culvert and Replace with New 66' RCP Culvert B. Place Rip -rap for Erosion Control at Downstream End of Culvert C. Place Rip -rip, Erosion Control Mat, and Revegetate Upstream Entrance D. Retaining Wills U11IT AMO!1111 UNIT PRICE TOTAL COST ------------- If 14,11 370 $74,880 cY 300 80 4,000 Is 1 31000 31001) cY cY cY SUBTOTAL — BURNS TRIBUTARY CROSSING II. FOSSIL CREEK DRAINAGE CROSSING A. Remove Existing 60" Metal Culvert and If Replace with New 6' by f0' Concrete Box Culvert B. Place Rip -rip for Erosion Control at cY Dowastreaa End of Culvert C. Place Rip —rip, Erosion Control Mat, Is and Revegetate Upstreaa Entrance D. Retaining Wills CY cY cY SUBTOTAL - FOSSIL CREEK CROSSING 33 12 60 7 I M) 48 260 25,480 6 260 1,560 138, 8UU 60 550 33,000 250 50 121 , 500 1 11100 11100 61 — 260 15,860 34 260 81840 7 260 11820 73,t20 III. Share of Utility Relocates and Traffic Is Control ly. Share of Professional Design and Is Construction Services V. Right —of —Way d Easevent Acquisition is SUB —TOTAL — TOTAL COSTS Contingency at 5 Percent Is Total Estisated Cost of Storg Drainage 11proveitents Eligible for Credit or City Repaysenl Prepared by: Dennis L. Donovan, P.E. Managing Partner Land Developlent Services 309 W. Harlony Road Fort Collins Colorado A f 50 000 50,GGG 1 t5,000 iS,GGO 276,420 f 14,846 14,846 1311,766 I. General Conditions A. The terms of this Agreement shall govern all development activities of the Developer pertaining to the subject property described above. For the purposes of this Agreement, "development activities" shall include, but not be limited to, the following: (1) The actual construction of improvements, (2) Obtaining a building permit therefor, or (3) Any change in grade, contour or appearance of: said property caused by, or on behalf of, the Developer with the intent to construct improvements thereon. B. All water line and sanitary sewer collection line trenches, 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 Director of Engineering at the time of approval of the utility plans relating to the specific utility, subject to a three (3) year time limitation from the date of execution of this agreement. I:n the event that the Developer commences or performs any construction pursuant hereto after three (3) years from the date of execution of this agreement, the Developer shall resubmit the project utility plans to the Director of Engineering 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 Director of Engineering at the time of resubmittal. C. No building permit for the construction of any structure within the development shall be issued by the City until the water lines, fire hydrants, sanitary sewer lines and streets (with at least the base course completed) serving such structure have been completed and accepted by the City. No building permits shall be issued for any structure located in excess of six hundred sixty feet (6601) from a single point of access. D. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A," attached hereto, shall be installed within the time and/or sequence required on Exhibit "A." If the Director of Engineering has determined that any water lines, sanitary sewer lines, storm drainage 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. E. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary sewer, and storm drainage facilities and appurtenances, and all streets, curbs, gutters, sidewalks, bikeways and other public improvements required by this development as shown on the plat, site, landscape and utility plans, and other approved documents pertaining to this development on file with the City. 2 F'. Street improvements (except curbs, gutters and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all individual lot service lines leading in and from the main to the property line. G. The installation of all utilities shown on the utility plans shall be inspected by the Engineering Department of the City and shall be subject 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 plans shall supersede the standard specifications if such conflict had been the :subject of a variance approved by the City. H. 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 the 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 that 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, and subsequent purchasers of property in the development. I. The Developer shall pay storm drainage basin fees in accordance with Chapter 26, Article VII of the City Code. Storm drainage improvements eligible for credit or City repayment under the provisions of Chapter 26 are described together with estimated cost of the improvements on the attached Exhibit "B," which improvements, if applicable, shall include right-of-way, design and construction costs. See Section II.C, Special Conditions, Storm Drainage Liners and Appurtenances, for specific instructions. 3 It J. The Developer shall provide the Director of Engineering with certified Record Plan Transparencies on Black Image Diazo Reverse Mylars, upon completion of any phase of the construction. I. Special Conditions A. Water Lines Not Applicable B. Sewer Lines Not Applicable C. Storm Drainage Lines and Appurtenances 1. The Developer and the City agree that all on -site and off -site storm drainage improvements, except for those improvements related to the improvement of Shields Street, shall be completed by the Developer prior to the issuance of more than 13 building permits. (Requirements for the completion of drainage improvements related to Shields Street are discussed in Sections II.C.3 and II.D.2 of this Agreement.) Completion of all improvements shall include the certification by a licensed professional engineer that the drainage facilities which serve this development have been constructed in conformance with the approved plans. In addition, prior to the issuance of certificates of occupancy for lots 40, 41, 46 and 47, the Developer shall provide a recertification by said engineer that the drainage improvements and grading of said lots has not been :impaired by the construction and landscaping on said lots. 2. The Developer agrees to provide and maintain erosion control improvements as shown on the approved utility plans to stabilize all over -lot grading in and adjacent to this development. The erosion control improvements must be must be completed prior to the issuance of any building permits. 3. The Developer and the City agree that certain master plan drainage improvements must be completed with the improvement of Shields Street. The Developer shall submit to the City and receive approval of (1) final design plans for the design of said improvements and (2) a cost estimate in the form of an Exhibit "B" for development agreements, prior to the issuance of any building permits. In addition, said Exhibit "B" shall be added to this Agreement by amendment to allow the Developer to be reimbursed for items covered in said Exhibit "B". 4. The Developer and the City agree that the City shall not maintain any drainage facilities outside of the public right of way. 4 D. Streets. 1. Subject to the conditions of this Agreement, the City agrees to reimburse the Developer for oversizing public street improvements along Shields Street for those portions of the said street abutting the property as shown on the approved utility plans. Reimbursement for Shields Street shall be for oversizing the street from residential standards to arterial street standards. The City shall make reimbursement to the Developer for the aforesaid oversized street improvements in accordance with Section 24-121 of the Code of the City. The Developer agrees and understands that the City shall have no obligation to make reimbursement payments for street oversizing unless funds for such payments shall. first have been budgeted and appropriated from the Street Oversizing Fund by the City Council; and the Developer further understands that to the extent that funds are not available for such reimbursement, the City may not, in the absence of the Developer's agreement, require the construction, at the Developer's expense, of any oversized portion of streets not reasonably necessary to offset the traffic impacts of the development. The Developer doer hereby agree to construct the aforesaid oversized street improvements with the understanding that the Developer may not be fully reimbursed by the City for the cost of such construction. The Developer further agrees to accept payment in accordance with Section 24-121 (d) of the Code of the City as full and final settlement and complete accord and satisfaction of all obligations of' the City to make reimbursements to the Developer for street oversizing expenses. It is anticipated by the City that the City Is reimbursement, in accordance with Section 24-121 (d), would not be less than fifty percent (50%) of the Developer's actual expenses incurred and will be calculated in accordance with the formula as set. forth in Section 24-121 (d). 2. The improvements to Shields Street, including related storm drainage improvements and regional drainage improvements to cross under Shields Street, shall be completed prior to the issuance of more than 13 building permits. Notwithstanding the forgoing, the Developer shall have the option to postpone the construction of the above described improvements required on Shields Street and obtain issuance of not more than 40 building permits for this development prior to the completion of said improvements, following the escrow of funds to be deposited with the City in the form of cash, bond, nonexpiring letter of credit or other form of City approved security sufficient to guarantee completion of said improvements. The escrow amount shall be 150% of the average of three, City approved, contractor bids for the improvements, excluding the street oversizing portion and the regional stormy drainage improvements for which the Developer may be eligible for reimbursement. 5 3. The Developer and the City agree that no building permits shall be issued for lots 1, 13, 14, 23, 24, 32, 33, 43 and 44, which all have frontage on Shields Street, until the street improvements on Shields Street have been completed with, at least, the construction of curb, gutter and sidewalk. 4. The Developer shall complete the design plans for the Shields Street. improvements and receive City approval of said plans prior to beginning construction of said improvements. The cost for completing said design plans shall be shared between the City and the Developer- in accordance with the City street oversizing policies and City Code requirements as are described in Section II.D.1 of this Agreement. II. Miscellaneous A. The Developer agrees to provide and install, at its expense, adequate barricades, warning signs and similar safety devises at all construction sites within the public right-of-way and/or other areas as deemed necessary by the Director of Engineering in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been completed and approved by the Director of Engineering to allow for the removal. B. The Developer shall, at all times, keep the public right- of-way free from accumulation of waste material or rubbish caused by the Developer's 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. The Developer further agrees to maintain the finished street surfaces free from dirt caused by the Developer's 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 the problem is corrected to the satisfaction of the Director of Engineering. 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 the Developer's expense and the Developer shall be responsible for prompt payment of all such costs. C. The Developer hereby insures that its 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. C: 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 development at the earliest practicable time. By way of explanation and without limitation, said control may consist of seeding with 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 and related documents, or any replat as 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. 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 run with the real property herein 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 be limited to, a conveyance or assignment of any portion of the Developer's real or proprietary interest in the real property herein 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 property and is thereby divested interest in said property, the City Developer from liability under this breach of the terms and conditions after the date of any such transfer the succeeding property owner shall Agreement. VA transfers title to such real of all equitable and legal hereby agrees to release said Agreement with respect to any of this Agreement occurring of interest. In such event, be bound by the terms of this K. Each and every term of this Agreement shall be deemed to be a material element hereof. In the event that either party shall fail to perform according to the terms of this Agreement, such party may be declared in default. In the event that 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 the Agreement as continuing and require specific performance or; (c) avail itself of any other remedy at law or equity. L. In the event of the default of any of the provision hereof by either party which shall require the party not in default to commence legal. or equitable action against said defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney's fees and costs incurred by reason of the default. Nothing herein shall be construed to prevent or interfere with the City's rights and remedies specified in Paragraph III.E of this Agreement. ATTEST: CITY CLERK APPROVED AS TO FORM: irector��' f� -Engineering City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: City Manager 8 ATTEST: LoIrrie Burgessa Secretary DEVELOPER: CLARENDON HILLS ASSOCIATES, a Colorado Limited Partnership By: No Vic Constr tion and -IZe Vlopment Ir c By: ry E voa�aicx, Yres (corporate seal) 9