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HomeMy WebLinkAboutGATES AT WOODRIDGE PUD SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-12DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 34day of 61'o 1 199'2 ., by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; B & N INVESTMENTS„ INC., a Colorado corporation, DBA Woodcraft Homes, hereinafter referred to as the "Developer"; and ARAPAHOE FARMS, INC., a Delaware corporation, hereinafter referred to as the "Owner." WITNESSETH: WHEREAS, the Developer has entered into an agreement with the Owner to acquire ownership of certain property situated in the County of Larimer, State of Colorado, (hereafter referred to as the "Property") and legally described as follows, to wit: THE GATES AT WOODRIDGE, P.U.D.. SECOND FILING, and THE OVERLOOK AT WOODRIDGE, P.U.D., SECOND FILING, located in the Southwest: Quarter of Section 34, Township 7 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 the 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 utility plans for the Property, 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 that the development of the Property 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 the Property. 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: I. General Conditions H99-1 f DEVELOPER: B & N INVESSNj�Bf I/FC,� a Colorado corporati o aft Homes By:� Gary A OWNER: Pres (corporate seal) ARAPAHOE FARMS, INC., a Delaware corporation By.���, Mfchael S. Byr , President ATTEST: ' Rotierta S. Martin, Secretary (corporate seal) 10 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. 1. Harmony Road street improvements along the frontage of the Gates at Woodridge portion of this development shall not be completed with this development. Said improvements shall be completed with the next development project to the north of this development. 2. Vista Drive street improvements along the frontage of lot 7 of the Overlook portion of this development shall be constructed when the street is extended as part of the next development project to the north of this development. 4. Schedule of storm drainage improvements to be installed out of sequence. Not Applicable. 11 EXHIBIT "B" NOT APPLICABLE 12 A. The terms of this Agreement shall govern all development activities of the Developer pertaining to the Property. 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 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 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. In 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. F. Street improvements (except curbs, gutters and walks) 2 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. 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 (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 Lines and Appurtenances, for specific instructions. 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. 3 K. The Developer specifically represents that to the best of its knowledge all portions of the Property dedicated to the City associated with this development are in compliance with all environmental protection and anti -pollution laws, rules, regulations, orders or requirements, including solid waste requirements, as defined by the U. S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, and that such portions of the Property as are dedicated to the City pursuant to this development, are in compliance with all such requirements pertaining to the disposal or existence in or on such dedicated property of any hazardous substances, pollutants or contaminants, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated thereunder. The Developer does hereby indemnify and hold harmless the City from any liability whatsoever that may be imposed upon the City by any governmental authority, pertaining to the disposal of hazardous substances, pollutants or contaminants, and cleanup necessitated by leaking underground storage tanks, excavation and/or backfill of hazardous substances, pollutants or contaminants, or environmental cleanup responsibilities of any nature whatsoever on, of or related to any property dedicated to the City pursuant to this development. The Developer further agrees to indemnify and hold harmless the City from any claims or actions based directly, indirectly or in any manner on any of the aforementioned environmental risks brought against the City by third parties arising as a result of the dedication of portions of the Property to the City pursuant to this development. Said indemnification shall not extend to claims, actions or other liability arising as a result of any hazardous substance, pollutant or contaminant generated or deposited by the City, its agents or representatives, upon portions of the Property dedicated to the City pursuant to this development. II. Special Conditions A. Water Lines 1. The Developer is responsible for the construction of a portion of the 121, water line within the presently paved portion of the intersection of Harmony Road and Overlook Drive. A portion of the existing asphalt pavement must be removed in order to complete said construction. The City shall reimburse the Developer for the cost to reconstruct the asphalt pavement and base course which has to be removed to complete said construction. In addition the City shall reimburse the Developer for the cost of installation said 121, water line over and above the unit prices that the Developer incurred for the construction of the 12" water line in The Gates at Woodridge, P.U.D., First Filing and The Overlook at Woodridge, P.U.D., First Filing (Gates and Overlook First Filings). The Developer shall submit proof of payment along with the request for reimbursement in accordance with Section 26-371 of the City 12 Code. 2. The Developer and the City agree that the Developer shall be entitled to a water line oversizing reimbursement for the 12" waterline that was constructed in Overlook Drive of the Gates and Overlook First Filings. Reimbursement shall be for oversizing said line from 8" to 12". The City will reimburse the Developer for the oversizing of said line in accordance with and subject to the provisions; of Section 26-371 of the City Code. The Developer shall have 90 days from the date of this Agreement to submit its request. B. Sewer Lines 1. The Developer shall reimburse the City the sum of $178 per gross acre for the cost of installation of the Warren Lake Trunk Sanitary Sewer to serve the development. Said reimbursement shall be paid prior to the issuance of the first building permit for this development. C. Storm Drainage Lines and Appurtenances 1. The Developer and the City agree that all on -site and off -site storm drainage improvements necessary for the function of The Gates at Woodridge (Gates) portion of this development shall be completed by !the Developer in accordance with the approved plans prior to the issuance of more than 7 building permits in the Gates portion of this development. In addition the Developer and the City agree that all on -site and off -site storm drainage improvements necessary for the function of The Overlook at Woodridge (Overlook) portion of this development shall be completed by the Developer in accordance with the approved plans prior to the issuance of more than 10 building permits for the Overlook portion of this development. 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 said approved plans. 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 Developer is also required to post a security deposit prior to beginning construction to guarantee the proper installation and maintenance of the erosion control measures shown on the approved Plan. Said security deposit shall be made in accordance with the criteria set forth in the Storm Drainage Design Criteria and Construction Standards. 3. Lots 1, 2 and 3 of the Gates portion of this development abut certain storm drainage facilities and it is agreed that it is of the utmost importance that no storm water from said facilities enters houses built on such lots. In order to provide 5 the assurances that houses built on said lots are constructed at an elevation that: said storm water cannot enter, the approved utility plans contain specifications for the minimum elevation for any opening to each such house. Prior to the issuance of a certificate of occupancy for each of said lots the Developer shall provide certification from a licensed professional engineer that the lowest opening to any such house is at or above the minimum elevations required on said utility plans. D. Streets. 1. The Developer and the City agree that no street oversizing reimbursement is due the Developer for this development. 2. In lieu of constructing Harmony Road street improvements and other related improvements (storm drainage, water lines, sewer lines, landscaping, etc.) along the frontage of the Gates portion of this development, the Developer shall deposit with the City cash to be used by the City to pay for the future construction of said improvements. The amount of said cash shall be equal to the estimated cost to construct the Developer's local street portion of said improvements, which estimate shall be prepared by the Developer and approved by the City, plus 10% to cover the cost of construction engineering, surveying and project management. Said cash shall be deposited with the City in one- third increments at the time of building permit issuance for each of lots 14, 15 and 16 within said Gates. The amount deposited with the issuance of each of said building permits shall be one-third of an estimate (representing current costs for the time of each payment) for said improvements. Any interest earned by the City as a result of said deposit shall be the property of the City to cover administration and inflation in order to better assist the City in making reimbursement to the party that constructs said improvements. If the Developer is the party that constructs said improvements, upon completion of said improvements the City shall return to the Developer the amount deposited plus any interest earned by the City as a result of said deposit. 3. The Developer and the City agree that the Developer is obligated to construct certain public improvements on Vista Drive consisting of one-half of the street and other related improvements along the frontage of lot 7 of the Overlook portion of this development. In lieu of constructing said improvements, the Developer shall have the option to deposit with the City cash to be used by the City to pay for the future construction of said improvements. The amount of said cash shall be equal to the estimated cost to construct said improvements, which estimate shall be prepared by the Developer and approved by the City, plus 10% to cover the cost of construction engineering, surveying and project management. Said cash shall be deposited with the City prior to the issuance of a building permit for lot 7. Any interest earned by the City as a result of said deposit shall be the property of I the City to cover administration and inflation in order to better assist the City in making reimbursement to the party that constructs said improvements. If the Developer is the party that constructs said improvements, upon completion of said improvements the City shall return to the Developer the amount deposited plus any interest earned by the City as a result of said deposit. The Developer shall be responsible for construction of curb, gutter and sidewalk along Vista Drive adjacent to lot 7 in accordance with the approved utility plans prior to the issuance of any building permit for lot 7. 4. The Developer shall not be issued a building permit for any building on lot 3 of the Gates portion of this development until Silvergate Road (the street on which said lot fronts) has been constructed to the west of this development to provide a second point of access or a temporary turn -around has been constructed in accordance with City standards. III. Miscellaneous 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 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. 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 so that they are 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 rl 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 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 Property and shall be binding upon the parties hereto, their personal representatives, heirs, successors, grantees and assigns. It is agreed that all improvements required pursuant to this Agreement touch and concern the Property regardless of whether such improvements are located on the Property. 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 Property, as well as any assignment of the Developer's rights to develop the Property under the terms and conditions of this Agreement. J. In the event the Developer transfers title to the Property and is thereby divested of all equitable and legal interest in the 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. H 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 given written notice specifying such default and 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 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 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. THE CITY OF FORT COLLINS, COLORADO, a Munic'pal Corporation By: City Manager ATTEST: 1� CITY CLERK APPROVED AS TO CONTENT: �irecto 'of Engineering Engineering A=PROAS TO FORM: City Attorney V