HomeMy WebLinkAboutMALLARDS AT THE LANDINGS - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-12DFVF.LOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 4& day of Decenber A. I).
1987, by and between THE. CITY OF FORT COLLINS, COLORADO, a Municipal Corpo-
ration, hereinafter referred to as "the City," and B.K. MAXWELL, INC., a
Colorado corporation, 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:
The Mallards at the Landings P.U.D., located in the Southeast Quarter
of Section 36, 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 said property and has sub-
mitted 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 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 Engi-
neer 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 he 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 landscapo plan submitted by the Developer subject to certain require-
ments and conditions which involve the installation of and construction of
utilities and other municipal improvements in connection with said lands.
NOW, THFREFORE, 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 acti-
vities of the Developer pertaining to the subject property
described above. For the purposes of this Agreement, "devel-
opment 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 improve-
EXHIBIT B - Page 2
ITEF1 DESCRIPTION
3• Right-of-way & easement acquisition
(a)
(b)
Sub -Total
Professional Design
Other
UANTITY UNIT COST TOTAL COST
S.F.
S
/S.F. S
c.
S
/Ac. $
S
Lump Sun $
Total estimated cast of Storm Drainage improvements eligible for
credit or City repayment
5
Prepared by:
Ti tl e:
Address:
ments thereon.
B. All water lines, sanitary sewer collection lines, stonn 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 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.
Tn the event that the Developer commences or performs any con-
struction 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 Me City Engineer_ at the time of resubmittal.
C. No building permit for the construction of any structure
within the development shall he 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 per-
mits shall be issued for any structure locate 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 he 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
stone sewer facilities and appurtenances, and all streets,
curbing, gutter, sidewalks, bikeways and other public improve-
ments required by this development as shown on the plat, util-
ity and landscape plans, and other approved documents pertain-
ing to this development on file with the City,
F. Street improvements (except curbing, gutter and walks) shall
not be installed until all utility lines to be place 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 Department of the
City and shall be subjected to such department's approval. The
Developer agrees to correct any deficiencies in such instal.la-
ticns in order to meet the requirements of the plans and/or
specifications applicable to such installation. Tn case of
conflict, the utility drawings shall supersede the standard
specifications.
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H. All 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-
ments 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
Fran any and all claims that might arise, directly or indi-
rectly, as a result of the discharge of injurious storm drain-
age 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
fac`.l.ities, except for (1) such claims and damages as are
caused by the acts or omissions of the City in maintenance o`
such facilities as have been accepted by the City for mainte-
nance; (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 shah be the responsibility of the Devel-
oper); and (3) specific directives as may be given to the
Developer by the City. Approval o` and acceptance by the City
of any storm drainage facility design or construction shall in
no manner be deemed to constitute a waiver or relirx*uishment
by the City of the aforesaid indemnification. The Developer
shall engage a licensed professional engineer to design the
storn 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 accor-
dance with Chapter 26, Article VTI of the City Code. Storm
drainage improvements eligible for credit or City repayment
urhlt�r provisions of Chapter 26 are described together_ with the
ee tirnated cost of the irnprovonents on the attached Fxhibit
"B", which improvements shall include right of way, design and
construction costs. See Section 2.C, Special Conditions, con-
struction costs. See Section 2.C, Special Conditions, Storm
Drainage Lines and Appurtenances, for specific instructions.
J. The Developer shall provide the City Engineer with certified
Record Utility Drawing Transparencies on Black linage Diazo
Reverse Mylars upon completion of any phase of the construc-
tion.
2. Special Conditions.
A. Sewer lines.
The developer agrees to pay the City $129.49 per unit (for a
total of $5956.54) for. the Warren Lake Trunk Sewer_. Said pay-
ment is due prior to the issuance of the first building per-
mit.
B. Water Lines.
Not Applicable
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C. Storm drainage lines and appurtenances.
(i) Prior to the issuance of more than 11 building permits,
the Developer shall complete (and obtain the City's approval
for ) all storm drainage facilities and appurtenances as shown
on the utility plans.
(ii) The Developer agrees to revegetate and provide all other
resonable erosion control material as required by the City to
stabilize all over_ -lot grading in and adjacent to this devel-
opment.
D. .'streets.
(i) The Developer and the City agree that no street. oversiz-
ing reimbursement is due the Developer for this develop-
ment.
(ii) Prior to the acceptance of the street improvements by the
City, the Developer_ shall pay the City $3,300 for the
Developer's proportionate share (4 feet of the sidewalk
width) of the future cost of construction of a sidewalk
550 feet in length along Harmony Road.
3. Miscellaneous
A. The Developer agrees to provide and install., at his expense,
ade3uate 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 Hand-
book" and shall not remove said safety devices until the con-
striction 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 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 Fran the public
right-of-way. The Developer further agrees to maintain the
Finished street surfaces free from dirt caused by the Devel.-
oper'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 satisfact-
ion of the City Engineer. if the Developer fails to ade-
gaately 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.
no
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 sub-
division at the earliest practicable time. By way of explana-
tion and without limitation, said control may consist of seed-
ing 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 and related documents, or on any
replat subsequently filed by the Developer, and the City may
withhold such building permits and certificates of occupancy
as it deans 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. Tn 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-
getc.K are contingent upon funds for that purpose being apprcr
printed, budgeted and otherwise made available.
I. This Agreement shall run with the real property herein above
described and shall be binding upon the parries hereto, their
personal representatives, heirs, successors, grantees and
ass"gns. 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 real property herein after
described, as well as any assignment of the Developer's rights
to develop such property under the terms and conditions of
this Agreement.
J. Tn 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. In such event, the succeeding property owner shall.
be bound by the terns of this agreement.
K. Each and every tern and condition of this Agreement shall be
deemed to be a material element thereof. In the event either
party shall fail or refuse to perform according to the terns
of this Agreement, such party may he declared in default. In
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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 rewire the party not in default to
crimience legal or equitable action against said defaulting
party, the defaulting party shall he liable to the non -
defaulting party for the non -defaulting party's reasonable
attorneys' fees and costs incurred by reason of default. noth-
ing herein shall be construed to prevent or interfere with the
City's rights and remedies specified in paragraph 3 F of this
Agreement.
THE CTTY OF FORT COLLTNS, COLORADO
A Muni 'pal Corpor'
By. -- C atn
City Manager
ATTEST:
r City Clerk'
APPROVED AS TO FORM:
-'City
Z
City F.gi.neer_
City Attorney
B.K. MAXWELL, TNC. ;'"7a Colorado
Corporation %
By: VL c i
Bruce M. F_6 eth, Pre. ident
ATTEST:
(Corporate Seal)
By. .
SECRETARY
-7-
WY TRTT "An
1. Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to he installed out of sequence.
Not Applicable.
3. Schedule of street improvements to be installed out of sequence.
Not Applicable.
4. Stonn drainage improvements to he installed out of sequence.
Not applicable.
EXHIBIT "6"
The Development Agreement for Mallards at the Landings P.U.D.
Not applicable for this development.
COST ESTIMATE FOR MAJOR DRAINAGE INPROVEi:DJTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM DESCRIPTION! QUANTITY U\IT COST TOTAL COST
1. Storm sewer, manholes, end sections, etc.
2
Sub -Total
Channel excavation, detention pond
excavation and riprap
Sub -Total
Ea.
Ea. $
Ea.
Ea. S
C.Y:
S /C.Y.
$
C.Y.
S /C.Y.
S
C.Y.
S /C.Y.
$
S