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HomeMy WebLinkAboutCLARENDON HILLS - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this (6 day of January A.D. 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corpo- ration, ("the City,") and Clarendon Hills Associates LTD., a Limited Part- nership, ("the Developer"). W TTAICCCCTLJ . WHEREAS, the Developer is the owner of certain property situate in the County of L.arimer, State of Colorado, and Legally described as follows, to -wit: Clarendon Hills First Filing, located in Section 2, Township 6 North, Range 69 West, of the 6th P.M., City of Fort Collins, Larimer County, Colorado. WHEREAS, the developer desires to develop said property and has sub- mitted 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 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 bud- geted are contingent upon funds for that purpose being appro- priated, budgeted and otherwise made available. I. This Agreement shall run with the rgal property herein above 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, assignment of any portion of the Developer's proprietary interest in the real property hereinafter 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 herein after 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. f_ach 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 -10- 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 default of any of the provisions 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 attorneys' fees and costs incurred by reason of default. Noth- ing herein shall be construed to prevent or interfere with the City's rights and remedies specified in Paragraph 3 E of this Agreement. ATTEST - � 4y.. City Clerk APPROVED AS TO FORM: n g i e r THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By C City Manager 4ityd4AtZtoney -11- ATTEST: r Ba-bara Herron ATTEST: By: 4 1 -� " -� �' 111 Lorrie Burgess Clarendon Hills Associates, LTD., a Colorado Limited Partnership. By: E. E. Mitchell & Co. General Partner By ark Lin -der,' -First Vice- rest ent By: Nordic Construction & Development Inc. General Partner -12- FXNTRTT "A" 1. Schedule of eater 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. Not applicable. -13- EXHIBIT "B" The Development Agreement for Clarendon Hills First Filing. This exhibit does not apply to this development. COST ESTIVATE FOR i•'AJOR DRAINAGE It-1PROVE(IE`ITS Include only those major storm drainage basin improvements required by an adopted basin master plan. ITEiM DESCRIPTIOM 1. Storm sever, manholes, end sections, etc. (a) (b) (c) (d) Sub -Total QUANITITY UNIT COST TOT.,L COST L.f. L.f. Ea. Ea. Ea. S Ea. S 5 2. Channel excavation, detention pond excavation and riprap (a) C.Y. S /C.Y. S (b) C.Y. S /C.Y. 5 (c) C.Y. S /C.Y. S Sub -Total 5 EXHIBIT B - Page 2 ITE�1 DESCRIPTION 4. (a) Right -of -•ray & easement acquisition r Sub -Total Professional Design Other QUANTITY _ _UNIT COST TOTAL COST 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 by: Address: Ti tl e: S 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 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. The terms of this Agreement shall govern all development acti- vities of the Developer pertaining to the subject property described above. For the purposes of this Agreement, "devel- opment 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 the 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 lines trenches, sanitary sewer collection lines 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 City Engineer at the time of approval of the utility plans relating to the specific util- ity, subject to a two (2) year time limitation from the date of execution of this agreement. In the event that the Devel- -2- oper commences or performs any construction pursuant hereto after two (2) years from the date of execution of this agree- ment, the Developer shall resubmit the project utility plans r to the City Engineer for reexamination. The City may require the Developer to comply with approved standards and specifica- tions of the City on file in the Office of the City Engineer 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 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 (660') 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 City Engineer has determined that any water lines, sanitary sewer lines, storm sewer facilities and/or streets are required to provide service or access to other areas of the City, those facilities shall be shown on the utility plans and shall be installed by the Developer within the time as established under "Special Conditions" in this document. E. 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, -3- curbing, gutter, sidewalks, bikeways and other municipal development. F. Street improvements (except curbing, gutter and wallas) shall riot 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 draw- ings 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 installa- tions 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. H. All storm drainage facilities shall be so designed and con- structed by the Developer as to protect downstream and adja- cent properties against inury 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 require- ments 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 indi- rectly, as a result of the discharge of injurious storm drain- age or seepage waters from the development in a manner or quantity different from that which was historically discharged -4- 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 mainte- nance; (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 Devel- oper); 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 also be intended for the benefit of the City and subsequent purchasers of prop- erty in the development. I. The Developer shall pay storm drainage basin fees in accor- (lance with Chapter 93 of the City Code. Storm drainage improvements eligible for credit or City repayment under pro- visions of Chapter 93 are described together with the esti- mated c�)st 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 -5- actual cost. If the cost of the eligible improvements con- structed 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 improve- ments and approval of the construction by the City. J. 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. Saecial Conditions. A. Water lines. Not Applicable B. Sewer lines. Not Applicable C. Storm drainage lines and appurtenances. All Storm Drainage Facilities and landscaping shown on the utility plans (on file in the City Engineer's Office) for Lots 1 through 39 shall be constructed by the Devel- oper and approved by the City prior to the issuance of more then 24 building permits for those Lots. All Storm Drainage Facilities and landscaping shown on the utility plans (on file in the City Engineer's Office) for Lots 40 through 61 shall be constructed by the Developer and approved by the City prior to the issuance of more then 1.5 building permits for those Lots. 0. Streets. (i) Prior to the issuance of ANY building permits for the First Filing, the Developer shall complete, to the satis- faction of the City, the improvements on Shields Street for both intersections entering the First Filing (Claren- (ion Hills Drive and Hilldale Drive). The design and con- struction of these improvements must provide safe accel- eration lanes, and left turn lanes on Shields Street, based on the speed currently posted on Shields Street, M and all required striping. (ii) All remaining improvements to Shields Street, including offsite improvements as shown on the utility plans on file in the City Engineer's Office (and not men- tioned above) shall be completed and accepted by the City before more then 39 building permits will be issued by -the City. (iii) The City agrees to repay the Developer for oversiz- ing the East side of Shields Street from local to arte- rial standards, and Clarendon Hills Drive (full width) from local to collector standards, as shown on the util- ity plans on file in the City Engineer's Office, in accordance with Section 99-6.F. of the Code of the City of Fort Collins. When payment is requested by the Developer, the City's obligation for payment shall be limited to those funds then budgeted, appropriated, and available by the City for that Development or work then completed. (iv) The Developer shall provide adequate signage and barricades to prevent public access into Applewood Estates, until such time that all traffic signs and/or devices made necessary by this development are installed. 'The determination of which signs and/or devices are nec- essary shall be made by the City Traffic Engineer in con- sultation with the Engineer for Larimer County. Any por- tion of the expense related to the construction and installation of said traffic control devices which are not borne by Larimer County shall be the sole responsi- bility of the Developer. The City shall not pay any por- tion of this expense. (v) The Developer agrees to participate, by monetary contribution, in the physical improvements of Fossil Creek Drive adjacent to Lots 58, 59, 60, 61 to meet cur- rent City Standards at such time as the need, in the pub- lic interest, is determined by the City. The monetary contribution will be the residential portion of the col- lector street. The cost for the individual lots will equal the total cost of the frontage along Fossil Creek Drive, divided equally among all four lots. This obliga- tion shall run with the land (Lots 58, 59, 60, 61) and shall be binding on the future owners of the said land. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices -7- at all construction sites within the public right -of -ray and/or other areas as deemed necessary by the City Engineer in accordance with the City's "Work Area Traffic Control hand- book" and shall not remove said safety devices until the con- struction has been approved by the City Engineer. B. The Developer shall, at all times, keep the public right-of- way free from accumulation of waste material or rubbish caused by 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 Devel- oper'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 satisfact- ion of the City Engineer. If the Developer fails to ade- quately 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 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. in D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodible 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 sub- division at the earliest practicable time. By way of explana- tion and without limitation, said control may consist of seed- ing 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 build- ing permits and certificates of occupancy as it deems neces- sary 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 per- mits 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 pursu- ant 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