HomeMy WebLinkAboutINDIAN HILLS VILLAGE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-04DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this �( day of -T=
1991-, by and between the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as the "City" and
WONDERLAND HILL DEVELOPMENT COMPANY, a Colorado corporation,
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, (hereafter
referred to as the "Property") and legally described as follows, to
wit:
INDIAN HILLS VILLAGE P.U.D., Being a Replat of a portion of
Indian hills West P.U.D. situate in the Northwest 1\4 of
Section 24, Township 7 North, Range 69 West of the Sixth P.M.,
City of Fort Collins, County of Larimer, State.. of Colorado.
WHEREAS, the Developer desires 1�c 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
APPR9YUED AS TO FOI;y7:
_ram
City torn�y /
DEVELOPER:
Wonderland Hill De}2opment Company,
a Colorado coroo a on .
By:
ATTEST:
B\\! \
y Bruce L. F:ichardson, Assistant
Secretary (corporate seal)
M0
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.
Not Applicable.
4. Schedule of storm drainage improvements to be installed out
of sequence.
Not Applicable.
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EXHIBIT "C"
Tree Pms.c.i:iorn kegv; remerts
India1: nails Vi"i'iagE
To ensure the continuation of the existing tree line along the west boundary of
Indian Hills Village, the following protection guidelines should be followed.
Trees With Diameters Greater Than 8"
Provide a six foot wide undisturbed (no grading or filling) tree protection zone
along the west property line. The excavation slope for the drainage channel
should be no greater than 4:1 starting at the existing grade of the east edge of
the six foot tree protection zone. The maximum depth of excavation measured
vertically from the base (natural trunk soil interface) of adjacent trees should
not exceed I8 inches within a zone measured 10 feet from the outer bark of any
adjacent tree over 8 inches diameter. Excavations deeper than 18 inches may
occur beyond this 10 foot zone.
Tree Diameters 8" or Less
Alternative A: Provide a four foot undisturbed (no grading or filling) tree
protection zone along the west property line. The excavation
slope for the drainage channel should be no greater than 4:1
starting at the existing grade of the east edge of the four
foot tree protection zone. The maximum depth of excavation
measured vertically from the base (natural trunk soil
interface) of adjacent trees should not exceed 18 inches
within a zone measured 8 feet from the outer bark of any tree
8 inches in diameter or less. Excavations deeper than 18
inches may occur beyond the 8 foot zone.
Alternative B: Provide a six foot wide undisturbed (no grading or filling)
tree protection zone along the west property line. A vertical
cut of not more than 18" measured from the base (natural trunk
soil interface) of adjacent trees can be made at the east edge
of the six foot tree protection zone. No excavation greater
than 18 inches should be made within 8 feet from the outer
bark of any tree 8 inches diameter or less. Excavations
deeper than 1S inches may occur beyond this 8 foot zone.
,LLL, —7
City Forester Date
LAGUNITAS COMPANY
3; S. C.ilege Aye. Swte 200. Fcr,, Cou,.-s. 3 dCOZ_
303 225 5000 • FAX 225 4t25
� EXHIBIT "D"
TO: Bruce Cohen )�
FROM: Jon Prouty I�
DATE: June 3, 1994
RE: Draft / Mutual ros , itinnc from Rucnh (ni in _
1. Lagunitas Company shall consider Busch Court neighbors input and scec:fic
/ provisions regarding Indian Hills Village covenants and incorporate same Nhere
possible. Possibly provide for Busch Court neighbor to be involved in the Incian Hills
Village HOA in some fashion as appropriate, such as member, non -voting member,
Board of Directors meeting participant or otherwise.
2. Busch Court neighbors reserve the right to have an independent engineer review
the drainage plan after ground leveling and prior to City inspection to assure ;hat t
meets Cfty requirements (133% tides 100 yeal' flood carrying capacity). Lagurltas
Company will make related engineering information available to Busch Ccu,
neignbcrs and / or their engineer and furthermore will advise Busch Court neignccrs
at least one week prior to City inspection time so that neighborhood and their ergrneer
will have time to assess and review the efficacy of the design and provide 'input
City.
/3. Lagunitas and Hari lyer will draft letters regarding the desirability of including Stuart
Street on the new traffic study about to be commenced with copies of each letter ;c
each party.
A. Lagunitas Company agrees to include a provision in covenants prohibiting Indian
Hills Village residents from passing through the Indian Hills Village west boundary line
buffer and onto or across Busch Court neighbors yards without their express approval.
5. Lagunitas Company will meet individually with each Busch Court neighbor and
consider what their preferences are with regard to thinning and trimming existing
buffer and with regard to how it best can be supplemented with new trees, deciduous,
evergreen and / or ornamental. Furthermore Lagunitas Company will put together an
overall plan for the full west property boundary buffer and review same with the City
Forester. Every effort will be made to incorporate Busch Court neighbors suggestions
and desires into the overall buffer plan and furthermore every effort will be made to
encourage the Cipi, Forester to approve such a plan.
6. Buffer plan shall include evergreen headlight buffers opposite each street and drive
which runs perpendicular to west boundary line.
y -'— u - Nm -c Crartec to Include a Crovision providing for a month) ` = r, ce
charged :o the India^ Hills Village homeowners to go ;n y ,a_
project tree buffers �ning, thinning and replacement prugramerle for the annual
8. Lagunitas Company shall work with the City Forester to modify the west boundary
prune, thin, supplement program to include annual contact, to the extent reasonably
Possible, with each adjacent Busch Court owner in order to consider their input with
regard to annual changes.
9. Lagunitas Company shall work with Power and Light to shield street lights as
necessary to minimize street light glare from Indian Hills Village street lights toward
Busch Court neighbors.
dk
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 (including
curb, gutter and sidewalk and pavement 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 nine hundred feet (900' ) 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.
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F. Street improvements (except curbs, gutters 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
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 shall meet
or exceed 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
r
Reverse Mylars upon completion of any phase of the construction.
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
Not Applicable
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and
off -site storm drainage improvements shall be completed by the
Developer in accordance with the approved plans prior to the
issuance of more than 18 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 said approved
plans. Saidcertification shall be submitted to the City at least
two weeks prior to the date of issuance for any building permit
greater than said 18 building permits.
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 shall also be required to post a security deposit in
the amount of $4,607.00 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
(Criteria). If, at any time, the Developer fails to abide by the
provisions of the approved utility plans or the Criteria, the City
may enter upon the Property for the purpose of making such
improvements and undertaking such activities as may be necessary to
ensure that the provisions of said plans and the Criteria are
properly enforced. The City may apply such portion of the security
deposit as may be necessary to pay all costs incurred by the City
in undertaking the administration, construction and/or installation
of the erosion control measures required by said plans and the
Criteria.
3. Lots 33 through 37, 40, 41 and 44 through 47 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 said lots. In order to provide the
assurance 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.
4. The Developer and the City agree that the Developer
shall be responsible to obtain the City's approval of any changes
from the approved utility plans in grade elevations and/or storm
drainage facility configuration that occur as a result of the
construction of houses and/or development of lots, whether by the
Developer or other parties. The City reserves the right to
withhold the issuance of building permits and certificates of
occupancies until the City has approved such changes as being
acceptable for the safe and efficient delivery of storm drainage
water.
5
5. The Developer and the City agree that certain lots
within this development are located in the current Federal
Emergency Management Administration (FEMA) flood way or flood plain
for Spring Creek. No building permits shall be issued for Lots 46
and 47 (located in the current FEMA Spring Creek flood way) until
said lots have been removed from said flood way by revision to the
FEMA map. The Developer may be issued building permits for Lots 1,
2, 21 through 24, and 38 through 45 prior to the revision of the
FEMA map for the Spring Creek flood plain only if the lowest
finished flour of the houses are constructed at an elevation at
least 18 inches above the existing regulatory Spring Creek base
flood elevation, in accordance with FEMA requirements.
D. Streets.
1. The Developer and the City agree that no street
oversizing reimbursement is due the Developer for this development.
E. Trees
1. The Developer is required to make his best reasonable
efforts consistent with the approved plans to protect all trees
designated to be saved on the Property as shown on the approved
landscape plan, unless the City Forester determines that any such
trees should be removed either now or in the future. In order to
protect said trees, the Developer and the City agree that the
Developer shall remove all dead and diseased trees and prune and
thin all remaining trees for removal of dead wood, safety, tree
health, and basic aesthetics (medium prune). The City Forester
shall identify all such trees. All such tree removal and pruning
shall be completed on any tree or groups of trees prior to any site
grading or construction of any storm drains, utilities, streets or
alleys within 30 feet of any of said trees.
2. The Developer and the City agree that the Developer
is allowed to systematically remove and replace all of the Siberian
Elm Trees that exist on the Property along the east and west
property lines over a 10 year period from the date of this
Agreement. Each year, beginning one year from the date of this
Agreement, the Developer shall meet with the City Forester for the
purpose of obtaining the City's identification of all dead and
diseased trees that need to be removed and obtaining the City's
approval of each annual removal and replacement project. In
addition, the Developer agrees to contact the adjoining property
owners along Busch Court to collect and include their input for the
City Forester to consider in approving each annual project. (The
goal of this process is to allow new trees to grow and gain some
height and density before the old trees are entirely removed.)
Healthy and desirable existing trees and shrubs, such as the few
Blackberry, cotoneasters, Cottonwood and Box Elder, shall be saved.
3. The Developer shall comply with the "Tree Protection
2
Requirements" attached hereto and incorporated herein as Exhibit
"C", which requirements were made a part of the approved utility
plans for the development pursuant to Resolution 94-119 of the
Council of the City of Fort Collins.
F. Grading
1. The Developer has agreed that the property owners
adjoining the west property line of this development (Busch Court
neighbors) have the right to have an independent engineer review
the drainage plan after the ground leveling and prior to the City
inspection to assure that it meets City requirements (133% times
the 100 year flood carrying capacity), as per the Memo dated June
3, 1994 and attached hereto as Exhibit "D". The City shall review
the information presented, if any, by the Busch Court neighbors and
shall determine whether such information is sufficiently
significant to warrant revisions to the Developer's approved plans.
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 agrees that it will require its
subcontractors to 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
7
to the public health and welfare.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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;
F]
(b) Treat the Agreement as continuing and require specific
performance or; (c) avail itself of any other remedy at law or
equity.
K. 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.D of this Agreement.
L. The Developer agrees to comply with the promises and
covenants contained in that certain memorandum, dated June 3, 1994,
and attached hereto and incorporated herein as Exhibit "D". Since
Exhibit "D" constitutes an agreement reached between the Developer
and concerned neighbors, the City shall have the right, but not the
duty, to enforce the provisions of said exhibit. The neighboring
property owners on Busch Court are hereby made and do constitute
third party beneficiaries of this (and only this) paragraph for the
purpose of enabling said property owners to take such legal or
equitable action against the Developer only, as may be necessary to
ensure compliance with the provisions of this paragraph "L",
however, the losing party in such action shall be liable for the
prevailing party's reasonable attorney fees and costs pursuant to
this third party beneficiary provision and are pursuant to law,
subject to the provisions of Colorado Revised Statutes 13-17-101
which provides for recovery of attorney fees when an action, or any
part thereof, is determined to have been substantially frivolous,
groundless, or vexatious, or was interposed for delay or
harassment.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By* �
rty Manage /
'iTEST•
c
0
CITY CLERK
APPR ED S TO CONTENT:
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0Dir , ct r f Engineering
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