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HomeMy WebLinkAboutFIVE OAKS VILLAGE AT CUNNINGHAM CORNER PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-10-27DEVELOPMENT 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 METCALF, LTD., a Colorado limited partnership, 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: Five Oaks at Cunningham Corner, a planned unit development, located in the Southwest Quarter of the Southwest Quarter of Section 26, Township 7 North, Range 69 West of the 6th P.M., being a replat of portions of Blocks 1, 2 and 3 of Cunningham Corner, a planned unit development, and Tract "D" of Chestnut Village at Cunningham Corner, a planned unit development, 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 ATTEST: Ronal L— sti g, ecretiary METCALF, LTD., a Colorado limited partnership, By: SIBBALD/LUSTIG, a Colorado corporation, General Partner Thomas R. Sibba d, President -10- (Corporate Seal) €XHIBIT "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. See paragraph 2.C. 4. Storm drainage improvements to be installed out of sequence. See paragraph 2.R. -11- EXHIBIT "B" nit e The Development Agreement for Five Oaks Village at Cunningham Corner. 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. Channel excavation, detention pond excavation and riprap (a) Channel striping and 1,225 C.Y. $ 1.50/C.Y. $ 1,837.50 excavation (b) Topsoil Replace - 4" deep 325 C.Y. $ 2.00/C.Y. $ 650.00 Sub -Total $ 2,487.50 2. Professional Design (a) TS&T Engineers, Fort Collins Lump Sum $ 2,300.00 3. Other (a) Construction staking $ 950.00 (b) Construction Administration $ 1,500.00 Sub -Total $ 2,450.00 SUB -TOTAL Items 1 through 3 $ 7,237.50 10% CONTINGENCY T7= Total estimated cost of Storm Drainage improvements eligible for credit or City Repayment $ 7,961.25 EXHIBIT B - Page 2 EXHIBIT "B" Ff site The Development Agreement for Five Oaks Village at Cunningham Corner. 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. (a) 36" RCP 168 L.F. $ 80.00/L.F. $ 13,440.00 (b) 36" Flared end section 2 Ea. $650.00/L.F. $ 1,300.00 2. 3. 4. Sub -Total Channel excavation, detention pond excavation and riprap (a) Channel striping and excavation (b) Topsoil Replace - 4" deep (c) Riprap Sub -Total Professional Design (a) TS&T Engineers, Fort Collins Other (a) Construction staking Cunningham Corner (b) Construction Administration (c) Hydro -seed with native grass $ 14,740.00 2500 C.Y. $ 1.50/C.Y. $ 3,750.00 425 C.Y. $ 2.00/C.Y. $ 850.00 100 C.Y. $50.00/C.Y. $ 5,000.00 $ 9,600.00 Lump Sum $4,500.00 $ 950.00 $ 1,500.00 30,000 S.F. $ 0.25/S.F. $ 7,500.00 EXHIBIT B - Page 3 (d) Yard replacement @ Lot 1, Block 4, $ 3,000.00 Foothills Park P.U.D. (e) Curb, Gutter, Sidewalk & Asphalt Replacement $ 2,000.00 Sub -Total $ 14,950.00 SUB -TOTAL Items 1 through 4 $ 43,790.00 10% CONTINGENCY .00 Total estimated cost of Storm Drainage improvements eligible for City Repayment $ 48,169.00 Five Oaks Village at Cunningham Corner Amendment Agreement No.l THIS AGREEMENT, made and entered into this !! day of ,444V 198& by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City"), and METCALF, LTD., a Colorado limited partnership, ("Developer"). WHEREAS, the City previously executed a Development Agreement with Metcalf, Ltd., dated on or about the 23rd day of September, 1985; and WHEREAS, the parties hereto are desirous of modifying the original Development Agreement referred to above; and 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: The following language is added to the abovementioned Development Agreement as Paragraph 2.D. thereof; 2.D. The Developer agrees to maintain in perpetuity the landscaping adjacent to the pedestrian access sidewalk to be constructed within the pedestrian access easement which is to be retained after the City has vacated the right-of-way for Windmill Drive in Woodwest Seventh Filing. Except as herein amended or modified, the Development Agreement shall continue in full force and effect. This Agreement and the Development Agreement constitutes the entire understanding 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 By City Manager �AgTTEnST: City Clerk' APPROVW AS TO FORM: CCi y A orney City gineer METCALF, LTD, a Colorado limited partnership By: SIBBALD/LUSTIG, a Colorado corporation, General partner Thomas R. Sibba d, Pres-id ert ATTEST: (Corporate Seal) Ronald L. ustig, Se retary�` Five Oaks at Cunningham Corner, P.U.D. Amendment Agreement No.2 THIS AMENDMENT AGREEMENT, is made and entered into this (0t� day of fober , 19861, by and between the CITY OF FORT COLLINS, COLORADO,aa munic- ipal corporation ("City"), and METCALF, LTD., a Colorado general partner- ship ("Developer"), is an amendment to that certain Development Agreement dated the 23rd of September, A.D. 1985, by and between the City and MET - CALF, LTD., (the "Development Agreement"). WHEREAS, the parties hereto previously executed a Development Agree- ment on September 23, 1985, which agreement was modified in part by an Amendment Agreement No.1, dated February 26, 1986; and WHEREAS, the parties are presently desirous of modifying the original Development Agreement and Amendment No. 1 referred to above. NOW THEREFORE, in consideration of the initial 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 C of section 2, "Special Conditions" under the subheading of "Streets" in the original Development Agree- ment is amended in its entirety to provide as follows: C. Streets. ( i ) Prior to the issuance of more than 9 building permits in Tract A, and prior to the issuance of any building per- mits in Tracts B and C of the Five Oaks at Cunningham Cor- ner P.U.D., or June 1, 1987, whichever shall first occur, the Developer shall : (1) Remove all existing improvements and structures within said vacated right-of-way (this includes all asphalt, concrete, and base material). (2) Construct the curb, gutter and sidewalk along Gunnison Drive in conformance with plans on file in the City Engineer's Office. (3) Landscape the said property with approved fill to match the existing grade of adjacent property to the east and west, and plant an acceptable ground cover. (4) Construct the pedestrian access from Gunnison Drive south to the property line and install all landscaping required by the City, as shown on the landscape plan attached hereto as Exhibit "A". All costs involved shall be borne by the Developer. Con- struction must begin no later than April 1, 1987. ( i i ) Until such time that all improvements as described above are in place and approved by the City, the Developer shall indemnify and save the City, and the owners of lot 27, block 17, and lot 1, block 20 of Westwood Seventh Fil- ing, harmless from any claims, actions, damages or inju- ries, howsoever caused, direct or indirect, incidental or consequential, arising out of any acts or omissions of any parties, persons, organizations or corporations, howsoever constituted, except acts or omission of the City and said owners, occurring on or related to the said vacated prop- erty, as described in Ordinance No. 27,1986, of the Council of the City of Fort Collins. It is the intent of the parties hereto that the property owners of said lots are to be construed as third party beneficiaries of this indemni- fication. Except as herein amended or modified, the Development Agreement dated September 23rd, 1985, and Amendment No. 1 dated February 26, 1986 shall continue in full force and effect. This Agreement, Amendment No. 1, and the Development Agreement consti- tutes the entire understanding 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 ATTEST: City Clerk 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. 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, in 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 be issued by the City until the water lines, fire hydrants, sanitary sewer and streets (with -2- 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 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. 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 -3- 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 supercede the standard specifications. G. 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 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 -4- 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 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 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 -5- 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. 2. Special Conditions. A. Water lines. The Developer is repaying the City for his portion of a 24" (twenty-four inch) water line in Shields through the Cunningham Corners Special Improvement District. B. Storm drainage lines and appurtenances. (1). All storm drainage facilities shall be completed by the Developer and approved by the City prior to the release of more than four (4) building permits. (ii). The Developer agrees to design and construct down- stream drainage improvements as described on the attached "Exhibit B - Offsite". Upon completion of improvements, the amount shall be adjusted to reflect the actual cost. The City shall reimburse the cost out of the Storm Drainage fund upon completion of the improvements and approval of the construction by the City. C. Streets. Prior to the issuance of more than six (6) building permits or July 1, 1986, whichever shall first occur, the Developer shall provide the City with all necessary information for the vacation of Windmill Drive as a dedicated right-of-way within Woodwest Seventh Filing. The Developer shall also, within said period, remove all existing improvements and structures within said vacated right-of-way and shall: (1) construct the curb, gutter and sidewalk along Gunnison Drive in comformance with plans on file in the City Engineer's Office, (2) con- struct the pedestrian access from Gunnison Drive south to the property line and, (3) install all landscaping required by the City. All costs involved shall be borne by the Devel- oper. Construction must begin no later than May 1, 1986. A landscaping and grading plan for the area of said vacation shall be submitted to the City for approval prior to May 1, 1985. am 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 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 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 -7- 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 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. 10 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 be 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. �;.a�1�i�1� tad .. , . 1 APPROVED: City Lngineer APP7A/" S 0 FORM: City rney ME THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation BY /y 1 ity Manager