HomeMy WebLinkAboutOVERLOOK AT WOODRIDGE PUD THIRD - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-13DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this_day of
19917 , 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 Dgia;ware corporation, hereinafter referred to as the
"Owner." C�°b
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 OVERLOOK AT WOODRIDGE, P.U.D., THIRD 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:
ATT
By:
Treasurer
(corporate seal)
OWNER:
ARAPAHOE FARMS, INC., a -Be-lew&re
corporation
X�
chael S. Byrne President
ATTEST:
B IZwvt�' �f ///Q/ ?'9 ��+j
Y=
Roberta S. Martin, Secretary �r
( orporate se 1)
out
EXHIBIT "A"
1. Schedule of water lines to be installed out of sequence.
The 16 inch water line in Harmony Road shall be installed by
the City.
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.
Arterial street improvements to Taft Hill Road adjoining the
Property shall be completed in accordance with Section II.D.2.
of this Agreement.
4. Schedule of storm drainage improvements to be installed out
of sequence.
Not Applicable.
11
I. General Conditions
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
2
development on file with the City.
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 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.
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.
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
3
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 and the City agree that the City shall
construct a 16 inch water line in Harmony Road adjacent to this
development, a portion of which water line is needed to serve this
development. The construction of said water line is scheduled by
the City to be completed by the end of July, 1993. The Developer
agrees to reimburse the City for the Developer's portion of said
water line (Developer's obligation is a 12 inch water line) along
the frontage of this development prior to the issuance of any
building permit in Phase 2 of this development after the date of
completion and acceptance of said water line by the City.
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.
4
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and
off -site storm drainage improvements needed for Phase 1 (defined on
the Utility Plans) shall be completed by the Developer in
accordance with the approved plans prior to the issuance of more
than 15 building permits within said Phase 1. The Developer and
the City agree that all on -site and off -site storm drainage
improvements needed for Phase 2 (defined on the Utility Plans)
shall be completed by the Developer in accordance with the approved
plans prior to the issuance of more than 4 building permits within
said Phase 2,. 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 shall also be required to post a security deposits
for each of two phases of this development (as shown on the
approved utility plans). Prior to beginning construction in Phase
1 of this development the Developer shall deposit with the City
$14,175 to guarantee the proper installation and maintenance of the
erosion control measures shown on the approved Plan within said
Phase 1. Prior to beginning construction in Phase 2 of this
development the Developer shall deposit with the City $3,307.50 to
guarantee the proper installation and maintenance of the erosion
control measures shown on the approved Plan within said Phase 2.
In addition prior to beginning any construction for Phase 2, the
Developer shall complete and receive approval by the City of a plan
for erosion control construction sequencing of Phase 2. Said
security deposits shall be made in accordance with the criteria set
forth in the Storm Drainage Design Criteria and Construction
Standards.
3. Lots 48 through 67 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 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. Subject to the conditions of this Agreement, the City
agrees to reimburse the Developer for oversizing public street
5
improvements along Harmony Road and Taft Hill Road for those
portions of said streets abutting the Property as shown on the
approved utility plans. Reimbursement for Harmony Road shall be
for oversizing the street from residential standards to major
arterial standards. Reimbursement for Taft Hill Road shall be for
oversizing the street from residential standards to arterial
standards. The City shall make reimbursement to the Developer for
the aforesaid oversized street improvements in accordance with
Section 24-121 of the Code of the City. The Developer agrees and
understands that the City shall have no obligation to make
reimbursement payments for street oversizing unless funds for such
payments shall. first have been budgeted and appropriated from the
Street Oversizing Fund by the City Council; and the Developer
further understands that to the extent that funds are not available
for such reimbursement, the City may not, in the absence of the
Developer's agreement, require the construction, at the Developer's
expense, of ,any oversized portion of streets not reasonably
necessary to offset the traffic impacts of the development. The
Developer does hereby agree to construct the aforesaid oversized
street improvements with the understanding that the Developer may
not be fully reimbursed by the City for the cost of such
construction. The Developer further agrees to accept payment in
accordance with Section 24-121 (d) of the Code of the City as full
and final settlement and complete accord and satisfaction of all
obligations of the City to make reimbursements to the Developer for
street oversizing expenses. It is anticipated by the City that the
City's reimbursement, in accordance with Section 24-121 (d), would
not be less than fifty percent (50%) of the Developer's actual
expenses incurred and will be calculated in accordance with the
formula as set forth in Section 24-121 (d).
2. Taft Hill Road street improvements along the frontage
of the Property shall be completed prior to the issuance of any
building permits for lots with any frontage along Taft Hill Road.
In lieu of constructing Taft Hill Road street improvements and
other related improvements (storm drainage, water lines, sewer
lines, landscaping, sidewalks, etc.) along the frontage of this
development, the Developer shall have the option to deposit with
the City cash to be used by the City to pay for the future design
and construction of said improvements. The amount of said cash
shall be equal to the estimated cost to design and construct the
Developer's 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 -
quarter increments at the time of building permit issuance for each
of lots 67, 68, 76 and 77. The amount deposited with the issuance
of each of said building permits shall be one -quarter 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
C:
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 less 3% of both the
deposit and the interest earned to cover City administrative costs
to handle the funds.
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
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 development at the
earliest practicable time. By way of explanation and without
limitation, said control may consist of seeding with approved
7
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.
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;
0
(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 Is 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.
M. The Owner is made a party to this Agreement solely for the
purpose of subjecting the Property to the covenants contained in
this Agreement. The City and the Developer expressly acknowledge
and agree that the Owner shall not be liable for any obligations of
the Developer under this Agreement, unless the Owner were to
exercise any of the rights of the Developer in which event the
obligations of the Developer shall become those of the Owner.
APPROVED ASl TO CONTENT:
dX
Di ector of EngineerlM
APPR:OV# AS TO FORM:
City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
L
By: --
City Manager
DEVELOPER:
B & N INVP
corporatic
By:Gay
9
, Pres
, a Colorado
aft Homes