HomeMy WebLinkAboutHAMPSHIRE SQUARE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-18DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this L1— day of December, A.D.
1986, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corpo-
ration, herein after referred to as "the City," and Wheeler Realty Com-
pany, a Colorado Corporation, herein after 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:
Hampshire Square P.U.D., Located in the Southeast
Quarter of Section 21, 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 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
the City of Fort Collins as a whole; and
ATTEST:
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 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.
Nothing herein shall be construed to prevent or interfere
with the Ci_ty's rights and remedies specified in Paragraph 3
E of this Agreement.
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THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
City Manager �J
APPROVED AS TO FORM:
City Engine_
ATTEST:
4- -Z L
City Attorney
Wheel. r Realty Company, a Colorado
Co r oration
Z I
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(corporate seal)
RX14TRTT "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.
Not applicable.
4. Storm drainage improvements to be installed out of sequence.
Not applicable.
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EXHIBIT "B"
The Development Agreement for Hampshire square P.U.D.
This exhibit does not apply to this development.
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEhENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM
DESCRIPTION QUANTITY
UNIT COST
TOTAL COST
I.
Storm sewer, manholes, end sections, etc.
(a)
L.f.
/L.f.
$
(b)
L.f.
/L.f.
$
(c)
Ea.
Ea.
$
(d)
Ea.
Ea.
$
Sub -Total
2. Channel excavation, detention pond
excavation and riprap
(a)
(b)
(c)
C.Y.
$
/C.Y.
$
C.Y.
$
/C.Y.
$
C.Y.
$
/C.Y.
$
Sub -Total g
EXHIBIT B - Page 2
ITEM DESCRIPTION
3. Right-of-way & easement acquisition
( a)
(b)
Sub -Total
ANTITY UNIT COST TOTAL COST
S.F. S /S.F. $
Ac. $ /Ac. $
$
4. Professional Design
(a) Lump Sum $
5. Other
(b) $
(c) $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
G
Prepared by: Title:
Address:
RCPTN # 87002338 01/ "/87 13:44:52 # OF PA3F" - 1 FEE - $3.00
4 RODENBER3ER, RECORDE - LARIMER COUNTY, CO STA'. DOC FEE $.00
NOTICE
Please take notice that on Dec. 15, 1986 _, the Planning and Zoning Board of
the City of Fort Collins, Colorado, approved the Final P.U.D. Plan known
as Hampshire Square P.U.D. which development was submitted
and processed in accordance with Section 118-83 of the Code of the City of
Fort Collins. The Final P.U.D. Plan of the subject property together with
the development agreement dated 12/8/86 between the City of Fort
Collins and the developer, out of which documents accrue certain rights and
obligations of the developer and/or subsequent owners of the subject
property, are on file in the office of the Clerk of the City of Fort
Collins.
The subject property is more particularly described as follows:
A tract in the southeast ; at Section 21, �7N, R69Y-at
the 6th P.M., City of Fort Collins, Larimer County, Colo-
rado.
City of Vort Collins
Dated: � /�4p
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
activities of the Developer pertaining to the subject prop-
erty described above. For the purposes of this Agreement,
"development activities" shall include, but not be limited,
to the following: (1) The actual construction of improve-
ments, (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, sanitary sewer collection lines, storm sewer
lines and facilities, streets, curbs, putters, sidewalks, and
hi.kepaths shall be installed as shown on the approved utility
plans and in full. compliance with the Council -approved stan-
dards 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 per-
forms any construction pursuant hereto after two (2) years
cr'a
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.
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,
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curbing, gutter, sidewalks, bikeways and other public
improvements required by this development as shown on the
plat, utility and landscape plans, and other approved docu-
merits pertaining to this development on file with the City.
F. Street improvements (except curbing, putter 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 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
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 supersede the
standard specifications.
H. A11 storm drainage facilities shall be so designed and con-
structed by the Developer as to protect downstream and adja-
cent 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 require -
merits 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
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drainage or seepage waters from the development in a manner
or quantity different from that which was historically dis-
charged 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 mainte-
nance of such facilities as have been accepted by the City
for maintenance; (2) errors, if any, in the generalconcept
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 relin-
quishment 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 benefi-
ciaries of said agreement between the Developer and Engineer.
[. The Developer shall pay storm drainage basin fees in accor-
dance 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 cost of the improvements on the attached Exhibit "B",
which improvements shall include right of way, design and
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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 con-
structed by the Developer and described in the above men-
tioned 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 improvements 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. Special Conditions.
A. Water lines.
Not Applicable
B. Sewer lines.
Not Applicable
C. Storm drainage lines and appurtenances.
(i) All storm drainage facilities and landscaping show on the
utility plans (on file in the City Engineer's Office) for
Lots I through 47 must be completed by the Developer and
approved by the City prior to the issuance of more than 10
building permits for those Lots.
Q-2
D. Streets
The Developer and the City agree that there is no street
oversizing repayment due the Developer involving this devel-
oper.
3. Miscellaneous.
A. The Developer agrees to provide and install, at his expense,
adequate arricades, 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.
A. 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 rub-
bish no less than weekly and, at the completion of the work,
shall remove all such waste materials, rubbish, tools, con-
struction 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 suffi-
c-lent cause for the City to withhold building permits and/or
certificates of occupancy until the problem is corrected to
WC
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 his subcontractors shall
cooperate with the City's construction inspectors by ceasing
operations when winds are of sufficient velocity to create
Mowing 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 ero-
dible 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
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 build-
ing permits and certificates of occupancy as it deems neces-
sary. Nothing herein contained shall be construed as a
waiver of any requirements of the City Code, and the Devel-
oper 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 bud-
geted are contingent upon funds for that purpose being appro-
priated, budgeted and otherwise made available.
I. This Agreement shall run with the real 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.
.I. 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. Each and every term and condition of this Agreement shall be