HomeMy WebLinkAboutQUAIL HOLLOW PUD SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-30DEVELOPMENT AGREEMENT
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THIS AGREEMENT, made and entered into this -Z—/ day of March, 1987,
by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
("the City"), and d. JENSEN ENTERPRISES, INC., a Colorado Corporation,
("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:
QUAIL HOLLOW P. U. D. SECOND FILING, heing a Replat of a
portion of Dixon Creek P.U.D., located in the Northwest Quar-
ter of Section 28, Township 7 North, Range 69 West, of the
6th P M, City of Fcrt Collins, County of Larimer, State of
Colorado.
WHEREAS, the developer desires to develop said property and has suh-
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
D. When the inspector determines that erosion (either by wind or
water) is likely to he 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 obligatinns 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 to ensure performance hereof. in addition, it is agreed
and understood between the developer and the City that the
City shall have the right to refuse issuance of building per-
mits and certificates of occupancy in the subject development
as the City, in its sole discretion, shall deem necessary in
order to insure performance by the Developer of any other
obligation the Developer may have to the City, whether pursu-
ant to other development agreements, or otherwise.
F. Nothino 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
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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 herein descrihed, as well as
any assignment of the Developer's rights to develop such
property under the terms and conditions of this agreement.
J. In the event the Developer hereinafter 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 Develoner 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. Fach and every term 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 terms
of this Agreement, such party may he declared in default. In
the event a party has been declared in default hereof, such
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defaulting party shall he 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 a,. 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 he 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 City's rights and remedies specified in Paragraph 3
E of this Agreement.
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ATTEST -
APPROVED AS TO FORM:
ty En n e��_ --
ATTEST:
�u
6 g agn Secretary
THE CITY OF FORT COLLIMS, COLORADO
A Municipal Corporation/
R� W
,ity Manager
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C y Attorney
DEVELOPER:
d. Jensen Enterprises, Inc.
a Colo7ado Corporation
By: L_.
Dan R. denser, President
(corporate seal)
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.
See Paragraph 2.D
4. Storm drainage improvements to be installed out of sequence.
Not applicable.
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EXHIBIT "6"
The Development Agreement for Quail Hollow P.U.D., Second Filing.
This exhibit does not apply to this development.
COST ESTIt.IATE FOR MAJOR DRAINAGE IMPROVEMENTS
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.
5
-(d)
Ea.
Ea.
$
Sub -Total $
2. Channel excavation, detention pond
excavation and riprap
(a) C.Y. $ /C.Y. $
(b) C.Y. $ /C.Y. $
(c) C.Y. $ /C.Y. $
Sub -Total $
EXHIBIT B - Paye 2
ITEM DESCRIPTION
3. Right-of-way & easement acquisition
(a)
(b)
Sub -Total
4. Professional Design
(a)
UANTITY UNIT COST TOTAL COST
S.F.
S
/S.F. $
Ac.
S
/Ac. $
$
Lump Sum $
5. Other
(a) $
(b) $
(c) $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
Prepared by: Ti tl e:
Address:
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.
MOW, THEPEFORF, in consideration of the promises of the parties
hereto and other need 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 therefore, or (3) Any
change in the grade, contour or appearance of said property
caused by or on behold 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 stan-
dards and specifications of the City on file in the Office of
the City Fnoineer 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
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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 Citv
on file in the Office of the City Fngineer at the time of
resubmittal.
C. No building permit for the construction of ary 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 print, 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 he shrwn on
the utility plans and shall be installed by the Developer
within the time as established under "Special Corditinns" in
this document.
F. 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 ether municipal
development required by this development as shown on the
plat, utility and landscane plans, and other approved docu-
ments pertaining 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 placed therein
have been completely installed, including all individual lot
service lines leading in and from the main to the property
1ine.
r. 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. All storm drainage facilities shall be so designed and con -
strutted 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 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
cr 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 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 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 adJa-
cent property owners all of whom shall be third party benefi-
ciaries of said agreement between the Developer and Engineer.
I. 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.
J. The Developer shall provide the City Fngineer with certified
Record Utility Drawing Transparencies (as builts) on Black
Image Diazo Peverse Mylars upon completion of any phase of
the construction.
?. Special Conditions.
A. Water lines.
The Developer agrees to repay the City for his portion of the
16" water main in Drake Road in the amount of $11.67 per lin-
ear foot of development along said water line plus an infla-
tion factor to be computed by application of the following
formula, Which utilizes the Denver Construction cost index
published in the June 11, 1981 issue of the Engineering News
Record (ENR).
(X - Y) x 100 x $11.67 x FF = Inflation Factor, where
Y
X = ENR Denver Construction Cost Index published the month
before reimbursement is made.
Y = ENR Denver Construction Cost Index published the month in
which the line was completed (June 11, 1981).
FF =Total footage of this development which is adjacent, to
said water line.
Such payment shall be due upon request for the first building
permit.
B. Sewer lines.
(i)The City agrees to reimburse the Developer for the cost, of
installing the 8" sanitary sewer line under Pasquinel Drive
from the North property line of Quail Hollow P.U.D. to the
Forth R-D-W line of Drake Road. Reimbursement shall be made
after the City's acceptance of said sewer line.
C. Storm drainage lines and appurtenances.
All storm drainage improvements, including landscape improve-
M
ments within the drainage tracts shown on the utility plans
(on file in the City Engineer's Office) shall be completed
and accepted by the City prior to the issuance of more than
12 building permits. In addition, the developer agrees to
maintain all landscaping on the drainage tracts for two years
from satisfactory completion of installation, or until the
landscaping is established and healthy as determined by the
City, whichever is longer.
D. Streets.
(i) The City agrees to repay the Developer for oversizinp Drake
Road (for the south one half width) for the entire frontage of
this development from local to arterial street standards in
accordance with Section 99-6F of the Code of the City of Fort
Collins.
When payment is requested by the Developer, the City's obli-
gation for payment shall be limited to those funds then bud-
geted, appropriated, and available by the City for that
development or work then completed.
Prior to the issuance of more then 12 building permits in the
in the Second Filing the Developer agrees to construct the
South 1/2 of Drake Road improvements for both the First and
the Second Filing of this development, as shown in the util-
ity plans on file in the City Engineer's office. The City
will not issue additional building permits before the said
improvements have been completed and accepted by the City.
E. Landscaping.
(i) The Developer shall be responsible for maintaining the lands-
caped areas along Drake Road. The Developer shall execute
sufficient documents of restrictive covenant (in form accept-
able to the City), requiring the owners of the lots 1 and 50
faithfully maintain all landscaping as is located in the pub-
lic right-of-way immediately adjacent to and behind the rear
or side lot lines, as applicable, of the subject lets. Fur-
ther, said covenants shall require that the owners of lots 1
and 50 shall be responsible for maintenance of additional
landscaped areas on said lots, as shown on the Phase II
Landscape Plan for the development, dated Parch, 1087. The
aforesaid covenants shall, in addition to requiring mainte-
nance by the respective owners of said lots, include provi-
sions for the City to perform such maintenance on the default
of the owners, and assess the cost thereof against the lot of
the defaulting property owner. Nothing contained herein, or
contained in said covenants, shall be deemed to require the
City to perform such maintenance and assess such costs, it
being understood that pursuant to Section 79-7(B) of the Code
of the City, the City may prosecute such default as a misde-
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meanor violation of the Code pursuant to Section 143 the-
reof.
(ii) In order to facilitate the aforesaid maintenance obligation,
the Developer shall install three foot wide gates in the
fence of each lot abutting said landscaped right-of-way to
provide access for the lot owners to said right-of-way.
(iii) The Developer shall install a drip irrigation system for the
purpose of providing irrigation of all trees and shrubs
located in said Drake Road right-of-way and in the additional
landscaped areas adjacent to Drake Road on lots 1 and 50. No
installation of said irrigation system shall be commenced
until the City has approved the design and construction plans
thereof. The City shall assume responsibility for the
maintenance and operation o
passage of two years from tl
lation thereof. Preparation
ing, without limitation,
restrictions, if any, shall
oper, but the City reserves
all of such documents.
' said irrigation system upon the
ie City's approval of the instal -
of all legal documents, includ-
restrictive covenants and deed
be the obligation of the Devel -
the right to review and approve
F. FIRE REQUIREMENTS
(i) It is acknowledged by both parties that Lots 23 through 29 of
this development exceed the 660' dead end cul-de-sac requi-
rement as stated in Section l paragraph C of this agreement.
Building permits for these Lots shall be issued by the City
provided the residential dwelling units on said Lots have a
Poudre Fire Authority approved residential sprinkler sys-
tem shown on the plans, or the second point of access is pro-
vided in future approved filings in such a way to as to com-
ply with the maximum 660' cul-de-sac length requirement.
Building permits will not be issued for said Lots prior to
the Poudre Fire Authority's approval of the building plans, if
the 660' dead end cul-de-sac requirement is not met.
Miscellaneous.
The Developer agrees to provide and install, at the Devel-
oper's expense, adequate barricades, warning signs and simi-
lar safety devices at all construction sites within the pub-
lic right-of-way and/or other
M
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.
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 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 streets and keep the surfaces 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 City Engineer. Tf 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 Devel-
oper 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
blowing dust which, in the inspector's opinion, is hazardous
to the public health and welfare.
KIM