HomeMy WebLinkAboutFOUR SEASONS PUD SIXTH REPLAT - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-06DEVELOPMENT AGREEMENT A
THIS AGREEMENT, made and entered into this CI day off J
199 (� , by and between THE CITY OF FORT COLLINS, COLORAD , a
Municipal Corporation, hereinafter referred to as "the City" and BROWN
FARM JOINT VENTURE-, a Colorado General 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:
FOUR SEASONS SIXTH FILING P.U.D., FIRST REPEAT,
Situate in the NW 1/4 of Section 35. Township 7 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
submitted to the Cite a subdivision plat and/or a site plan and landscape plan,
s copy of which is on I ilc in the Office of the Director of Engineering and
made a part hereof be rclerence: and
WHEREAS, the Developer has further submitted to the City a utility plan
I'm r said lands. a cop)of which is on file in the office of the Director of
Engineering ❑nd 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 Citv in order to serve
such arc❑ 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 v�hich involve the installation of and construction of utilities
and other municipal intprmements in connection with said lands.
NOVV', "I HEREFORE. in consideration of the promises of the parties
hereto and other good and valuable consideration, the receipt and adequacy of
which is hercbv ncknowledecd, it is agreed as follows:
L Gcncral Conditions
A. The terms of this Agreement shall govern all development
acti�itics of the Developer pertaining to the subject property
described above. For the purposes of this Agreement.
"dccclopntcnt activities" shall include, but not be limited to, the
oIIo�kine: (I) The actual construction of improvements. (2_)
Obtaining a 17uilding permit therefor, or (3) Anv change in Uradc,
contour or appearance of said property caused by or on behalf of
the Developer with the intent to construct improvements thereon.
13, all water lines, sanitary sewer collection lines, storm sewer lines
and facilities, streets, curbs, gutters, sidewalks, and bikcpaths
shall be installed as shown on the approved utility plans and in
I till compliance with the Council -approved standards and
_ r1Cri-CG-,;ay
u ea5e:�.e �.l V..V ulSi ti ^in
(]) c.r. S IS.r.
( ) Right -Of -[day ($20,000 x 0.80 $16,000/Ac)
0.16 16,000 "C 2,560
$2,560
-- c 2,600
C. r
Landscapinc(Maximum value)
(c)
to „2l cstl—.atet CCS= 0� �`-�f"'� .rirdl�c_? 1-.rrOV'E7E' ,T]tS eli-i-1e for
Crit Cr City
5y: Ptichael F. Jones
-"_�S: Nlorthern Engineerinc Ser,,ices, Inc.
420 South Howes, Suite 106
ort Collins, Colorado 80=21
Title: Project Manager
-4, 562
S26,174
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) ccar time
limitation from the date of execution of this agreement. In the
event that the Dcveloper 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 Dcvcloper to comply with approved standards
and specifications of the City on file in the Officc of the
Director of Engineering at the time of resubmittal.
C. No building permit i'or the construction of any structure within
the development shall be issued by the City until the �Natcr lines,
fire hvdrants, 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. An% water lines, sanitary sewer lints, storm drainage lines, and/or
;meets described �,n Exhibit "A." ❑Itached hereto. -hill be
installed within the time and/or sequence required n Exhibit
".A." II the Director of Engineering has determined that any
water lines, sanitary sewer lines, storm sewer facilities and/or
streets are required to provide service or access to other ❑rcas 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 Dcvcloper
❑"Ices to install and pay for all water, sanitary sewer and storm
sever facIIIIIC and appurtnances, and all streets. curbing, "utter,
sidewalks, Mkcwa_�s and other public improvements rcquircd by
this dcsclopment as shown on the plat, utility and landscape
plans. and other approved documents 1)crtainine to this
dcvelopntcnt n I ilc with the City.
E. Street improvements (except curbing, gutter and walks) shall not
be installed until all utility lines to be placed therein ha%c been
completely installed. including all individual lot sci icc lines
leading in and from the main to the property line.
Ci. The installation of all utilities shown on the utilit% drawings
shall be inspected by the Engineering Department of the City and
shall be subicct to such department's approval. The Dcvcloper
agrces to correct any deficiencies in such installations in order to
meet the requirements of the plans and, spccifications
,ipplicablc to such installation. In case of conflict utiIitc
dra wings shall supersede the standard specifications.
IL 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
Dcvcloper
has met
or exceeded minimum requirements
for stone
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 (I) such
claims and damages as are caused by the acts or omissions of the
City in maintenance of such facilitics 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 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, and subsequent purchasers of propert3 in the
development.
The Developer shall pay storm drainage basin fees in accordance
with Chapter 21 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 the
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 2.C, Special Conditions,
Storm Drainage Lines and Appurtenances, for specific
nstructions.
The Developer shall provide the Director of Engineering with
ccrtif icd Record Utility Drawing Transparencies on Black Image
Diazo Reverse Aiylars upon completion of an} phase of the
construction.
_. Special Conditions.
-A. "Ater lines.
'yot Applicable.
B. Sewer lines.
the Citv water and "Istewatcr Utility Department must
review and approve the proposed
building plans
for Iots
=9.
30 and 31 prior to the issuance
of a building
permit
for
each of said lots. The review
is necessary to
assure
that
the building construction will
not cause damage
to
the
existing sewer located in the casement
adjoining
said lots.
or
make maintenance of said sewer
more expensive
or difficult.
3-
C. Storm drainage lines and appurtenances.
(i) The Developer and the City agree that all on -site and
off -site storm drainage improvements shall be completed by
the Developer prior to the issuance of more than eleven
building permits. Completion of 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.
(ii) 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
completed prior to the issuance of any building permits.
(iii) The Developer and the City agree that a 2 year warranty
period shall be in effect commencing upon City acceptance
of the drainage channel improvements as shown on the
appro%cd utilm plans. During the 2 year warranty period.
the Dcvcloper shall be responsible for all irrigation, mowing
And weed control required to estahlish the vegetation. The
City shall accept maintenance at the end of the 2 year
warranty period if the %egetation is established in
accordance with the Citv Storm Drainage Design Criteria
and Construction Standards.
(iv) The Developer and the Citv agree that the unit cost for
right-of-wav shown on Exhibit "B" is only an estimate and
that a final cost per acre shall be agreed upon prior to
reimbursement.
D. Streets.
(i) The Developer and the City agree that no street oversizing
rcimbursemcnt is due the Dcvcloper for the development.
Vliscellancous
A. The Developer agrees to provide and install, at its 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 Director of Engineering in
❑ccoidance with the Citv's "Work Area Tralfic Control Handbook"
and shall not remove said safet% devices until the COnStI"uCtiOn
has been approved by the Director of Engineering.
13. The Dcvcloper shall, at all times. keep the public right-of-wa)
rec from accumulation of waste material or rubbish CauSCLI b�
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 matcrials 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
a,:cu[aulation of dirt and/or construction materials shall be
-4-
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
(3) 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.
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 subdivision at the
earliest practicable time. By way of explanation anti without
limitation, said control may consist of seeding of approved
_rasscs. temporary dikes, gabions- and/or other devices.
E. fhe 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 on any
teplat 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. Aothing herein contained shall be construed as a waiver of any
rcquircments of the City Code, and the Developer agrees to
comply with all requirements of the same.
Ci. In i,ic c%cnt the Cit_v waives any breach of this agreement_ no
;uch ��aiver shall be held or construed to be a �iaiver of anv
sub;cqucni breach hereof.
IL Financial obligations of
the
City of Fort Collins
payable after
the current Iiscal vcar
and;or
not appropriated or
budgeted arc
contingent upon funds
for
that purpose being
appropriated,
bud:,ctcd and otherwise
made
available.
This Agreement shall run with the real property herein described
and shall be binding upon the parties hereto, their personal
rcpr esen tativ cs, heirs, successors, grantees and assigns. Assignment
Of interest within the meaning of this paragraph shall spccil icnlly
include- but not be limited to. a convcyancc or assign nent of ❑ny
porrion of the Developer's real or proprietary interest in the real
propert\- herein described, as well as any assignment of the
Dc%cloper's rights to develop such proPCity under the terms and
conditions of this Agreement.
-5-
J. In the event the Developer transfers title to such real propertn°
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. In such event, the succeeding
property owner shall be bound by the terms of this Agreement.
K. Each and every term and condition of this Agreement shall be
dccmcd to be a material clement hereof. 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
aid default. In the event the default remains uncorrected, the
part% declaring default may elect to: (a) terminate the Agreement
and seek damages ib) treat the Agreement as continuing and
require spccif is perf ormancc; or, (c) avail itself of any other
rcnted% at law or equity.
I.. In the .%cnt of tr: default of any of the provisions hereof by
either I - art% hich shall require the party not in default to
commence legal or equitable action against said defaulting part%.
the defaulting party shall be liable to the non -defaulting party
for the non -defaulting party's reasonable attorneys fees and costs
ncurred 1)v reason of the default. Nothing herein shall be
consnued to prevent or interfere with the City's rights and
remedies spccif ied in Paragraph 3 E of this Agreement.
-6-
it, Clcrti
VPPROVFD :AS TO FORM:
Dircctur�f Fn�mccrmg
t Att.,rncc
THE CITY OF FORT COLLINS. COLORADO
A Municipal Corporation
DEVELOPER:
BROWN FARM JOINT ENTURE,
a CAoracto General A' rtncjship
Bv:' J F lv {J �t
in R.P. AVhccler„ General Partner
7-
EXHIBIT "A"
I. Schedule of water lines to be installed out of sequence.
Not Applicable.
_. Schcdulc of sanitary sewer lines to be installed out of sequence.
Not applicable.
S�halulc of street improvements to be installed out of sequence.
Not -Applicable.
1. Storm drainage improvements to be installed out of sequence.
\ot applicable.
-S-
Tne Oevelo,�ment Agreement for
EXHi2:T
Four Seasons Sixth Filing
Fort Collins, Colorado
?nclude only t`.ose major orainace basin _ by an a c .et. n
nzst_r plan.
-- I. - -- _.. ----
_.
(z)
L.f. /L.f.
(b)
(c) Ea.
(d) Ea.
Sus —octal
2. Channel excz:zt�e, det^_.�;io❑ pond
excavation and rirrap
(a) ".ass Excavation
(b) Channel Prep (Lump Sum)
(c) Channel Gradino (Lump Sur-)
(o) Channel Drop Structure
(=) See::in--
S� -Tctal
c
9,988 C.Y' S 1.05 V. c 5,237
C.Y. S /C.Y. S 1,140
C.Y.
Ea. $6,732 Ea. $6,732
27,720 Sc. Ft. $0.10 /Sq.Ft.$2,772
S16,952