HomeMy WebLinkAboutSILVERPLUME ESTATES SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2004-02-13DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this ZZ, day of_; /�'
199 by and between THE CITY OF FORT COLLINS, COLORADO, a�
Municipal Corporation, hereinafter referred to as "the City"; O & B Partnership,
a Colorado Limited Partnership, hereinafter referred to as "the Developer'; and
COLRAD DEVELOPMENT CORPORATION, a Colorado corporation, hereinafter
referred to as "the Owner".
WITNESSETH
WHEREAS, the Developer has entered into an agreement with the Owner
to acquire ownership of certain property situated in the County of Latimer,
State of Colorado, and legally described as follows, to wit:
SILVERPLUNIE ESTATES, SECOND FILING. a Tract of Land
Located in the North 1/2 of Section 27. Township 7 North,
Range 69 West of the 6th P.M., Larimer County, Colorado being
a Replat of a Portion of Tracts B and C of Silverplume P.U.D.
of the fit, of Fort Collins, Colorado.
WHEREAS, the Developer desires to develop said property and has
submitted to the Cit_v 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 b7 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 Director of
Engineering 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 bend it 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 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:
I. General Conditions.
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the subject property
described above. 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 therefore, or (3) Any change in
eradc, contour or appearance of said property caused by or on
behalf of the Developer with the intent to construct
improvements thereon.
EXHIBIT "B"
ne Development Agreement for Silver plume Estates, Second Filing - Not Applicable
COST rSTI14ATE =0R 'IA103 CRAIC.._� C;".=.;TS
include only those major Storm drainage basin improve7ents rewired by an adopted basin
caster plan.
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`tor sewer, canhCies, end SeC-ions, etc.
(a)
(b)
(C)
`(d)
Sub -Total
Channel excavation, detention pond
excavation and riprap
Sub -Total
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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 specifi-
cations of the City on file in the Office of the Director of
Engineering 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 con-
struction 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 reexami-
nation. The City may require the Developer to comply with
approved standards and specifications of the City on file i❑ 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 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 Director of Engineering 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, curbing, gutter,
sidewalks, bikeways and other public improvements required by
this development as shown on the plat, utility and landscape
plans, and other approved documents pertaining to this develop-
ment 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 line.
G. The installation of all utilities shown on the utility drawings
shall be inspect 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
drawings shall supersede the standard specifications.
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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 to
be developed (and other lands as may be required, if any). The
Developer has met or exceeded 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 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 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.
1. 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 the
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 2.C, Special Conditions,
Storm Drainage Lines and Appurtenances, for specific
instructions.
J. The Developer shall provide the Director of Engineering with
certified Record Utility Drawing Transparencies on Black Image
Diazo Reverse Mylars upon completion of any phase of the
construction.
2. Special Conditions.
A. Water lines.
Not Applicable.
B. Sewer lines.
Not Applicable.
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C. Storm drainage lines and appurtenances.
(i) The Developer and the City agree that all on -site and
off -site storm drainage improvements shall be completed by
the Developer prior to the issuance of more than one
building permit. 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 the approved plans.
(ii) 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 erosion control improvements must be
completed prior to the issuance of any building permits.
D. Streets.
(i) The Developer and the City agree that no street oversizing
reimbursement is due the Developer for the development.
(ii) Prior to beginning construction in Silverplume Drive the
Developer shall deposit with the City a cash guarantee in
the form of a certificate of deposit, cash, performance
bond, letter of credit or other City approved security to
guarantee the completion of all public improvements to be
constructed in the street in accordance with the approved
utility plans on file in the office of the Director of
Engineering. The amount deposited shall be equal to 150%
of the estimated cost to reconstruct the pavement to current
City standard thicknesses for the full width of Silverplume
Drive along the full frontage of this development. The
estimate shall be prepared by the Developer and submitted
to the Director of Engineering for review and approval.
The Developer shall not be allowed to pave the final laver
of asphalt pavement on Silverplume Drive until all
anticipated utility improvements have been completed
(including utility improvements in the future planned Third
Filing).
(iii) Prior to beginning construction in Silverplume Drive the
Developer shall submit a proposed traffic detour and street
closing plan to the City Traffic Engineer for review and
approval.
(iv) The Developer shall be required to take construction access
to the development site from Swallow Road. No
construction deliveries shall be made on Silverplume Drive
from Dunbar Avenue.
E. Hazards and Emergency Access.
(i) No combustible material will be allowed on the site until a
permanent water system is installed by the Developer and
approved by the City.
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(ii) The Developer shall provide an accessway to any building
under construction, adequate to handle any emergency
vehicles or equipment, and to properly maintain such
accessway at all times. Such accessway shall be at a
minimum, 20' wide with 4" aggregate base course material
compacted according to City Standards and with an 80'
radius turnaround at the building end of said accessway.
(iii) The issuance of any footing and foundation permit by the
City is made solely at the Developer's own risk and the
Developer shall hold the City harmless from any and all
damages or injuries arising directly or indirectly out of the
issuance of said permit prior to the completion of the
requirements as set forth in Section 29-678 of the Code of
the Citv.
3. Miscellaneous.
A. The Developer agrees to provide and install, at his expense,
adequate barricades, warning signs and similar safety
devices at all construction sites within the public right-of-
wav 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 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 free from dirt
caused by the Developer's operation. Any excessive accumu-
lation of dirt and/or construction materials shall be
considered sufficient cause for the City to withhold build-
ing 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 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.
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Temporary or permanent erosion control shall be
incorporated into the subdivision at the earliest practicable
time. By way of explanation 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 agree-
ment, complete all improvements and perform all other
obligations required herein, as such improvements or obliga-
tions may be shown on the original plat and related docu-
ments, or on any replat subsequently filed by the Developer,
and the City may withhold such building permits and certi-
ficates of occupancy as it deems necessary to ensure perfor-
mance 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.
IA. 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.
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, 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. In the event the Developer 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 terms of this Agreement.
K. Each 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 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
CS
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 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, 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 3 E of this Agreement.
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ATTES 1
City Clerk
APPROVED AS TO FO M:
for ol'„Lngineering
ney
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: 1 ,/lL/,`�
City Manager! /lJ
DEVELOPER:
O & B Partnership
a Color /oo Limited Par nership
I Color
iLawietfce /A. -1Jda6Y,-k1cA fa —I Partner
r
Charles M. Betters, eneral Partner
OWNER:
COLRAD DEVELOPMENT CORPORATION,
a Colorado Corporation
By: ti� �r�
Nam .
Title: L/ap
ATTEST:
q/ L
Bv:
Name:5hareq t:, h111P•_
V
Title:l�S7, 5 �rrefia��/
(Corporate Seal)
71
EXHIBIT "A"
I. Schedule of water lines to be installed out of sequence.
Not Applicable.
— 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.
3. Storm drainage improvements to be installed out of sequence.
Not applicable.
M