HomeMy WebLinkAboutSTONE RIDGE PUD SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2004-02-26DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this —day of
199`, by and between the CITY OF FORT COLLINS, COL DO, a
Municipal Corporation, hereinafter referred to as the "C THE
KAPLAN COMPANY, INC., a Colorado Corporation, hereinafter referred
to as the "Developer"; and Harold R. Webster, an individual,
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 Larimer, State of Colorado, (hereafter referred to as the
"Property") and legally described as follows, to wit:
STONE RIDGE, P.U.D., SECOND FILING, a Tract of land located in
the South Half of Section 29, Township 7 North, Range 68 West
of the Eth 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 plain, 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:
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.
M11
EXHIBIT "B"
NOT APPLICABLE
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EXHIBIT "C"
EROSION CONTROL AGREEMENT
Stone Ridge P.U.D., Second Filing
This AGREEMENT is entered in this 30th day of June, 1993 by and between The
Kaplan Company, Inc., developer of property approved by the City of Fort
Collins for development and known as the Stone Ridge P.U.D., Second Filing;
First Interstate Bank of South Fort Collins, lender to The Kaplan Company,
Inc. for the subdivision improvements for the Second Filing of the Stone Ridge
P.U.D., (the "Project"); and the City of Fort Collins.
WHEREAS, the City of Fort Collins has adopted "Construction Erosion Control
Criteria" (Resolution 91-44), concerned with large areas disturbed by
construction activities; and
WHEREAS, such criteria require that in the event a development site is
abandoned by the developer for whatever reason, that the City is provided the
right and an adequate funding source to properly revegetate the entire
disturbed area in dryland grasses; and
WHEREAS, the platted area of the Project contains 17.0 acres and the area of
off -site easements where drainage improvements and sanitary sewer improvements
will occur is subject to a September 3, 1992 Erosion Control Agreement between
the same parties, thereby resulting in a total area of 17.0 acres potentially
requiring revegetation; and
WHEREAS, the City has accepted as its contractor for erosion control
revegetation the company of Environmental Concerns, Inc. of Loveland,
Colorado, which has bid to the developer the sum of $14,450.00 to revegetate
the entire 17.0 acres in the unlikely event the area of the Project is
disturbed by the developer and then abandoned; and
WHEREAS, the First Interstate Bank of South Fort Collins (the "Bank") is the
development lender for the Project, and the sum of $95,000 has been budgeted
for both landscaping and irrigation of the platted area consistent with the
City -approved Final Landscape Plan, which sum is substantially greater than
the quote for erosion control revegetation; and
WHEREAS, by landscaping the platted area consistent with the City -approved
Final Landscape Plan, the developer will satisfy the City of Fort Collins'
"Erosion Control Criteria,"
NOW, THEREFORE, BE IT AGREED BY THE PARTIES that, if after disturbing the area
of the Project, the developer, for whatever reason, abandons the Project or
does not proceed with its timely completion, thereby, making the area
susceptible to erosion by wind or water, then the following guarantee is made
and events shall occur.
1. The Bank guarantees the City through this Agreement that the sum of
$14,450.00 from the development loan shall be reserved and set aside for the
benefit of the City for the completion of erosion control measures by the
City, in the event such measures are so required. However, at such time as
the Project, in the course of development improvements, becomes ready for the
installation of final landscaping by the developer, the City agrees to release
the Bank of said guarantee to allow the reserved funds to be applied to
landscaping and revegetation (and for no other purpose) pursuant to the
development loan.
2. If deemed necessary by the City, the City shall notify the developer in
writing, with a copy to the Bank, that due to developer's failure to complete
the Project, the disturbed area has become susceptible to erosion by wind and
water. The developer shall have ten (10) days from receipt of notice either
a) to commence development activity in a manner which reasonably satisfies
the City that the identified erosion control issues have been addressed, or
b) subject to whether the time of the year permits, to commence revegetation
activity consistent with the Erosion Control Criteria or in an alternative
manner acceptable to the City, which could include regrading the area and
commencing farm crop activity.
3. In the event the developer does neither of the above, the City shall
provide a letter of Notice and Demand to the Bank, which letter may include
a demand on the Bank for an amount not to exceed $14,450.00 for the expressed
purpose of revegetating the area susceptible to wind and water erosion. Upon
receipt of said letter, the Bank or any successor in interest shall have an
additional twenty (20) days to undertake either of the remedial courses of
action described above. If neither is commenced within this thirty (30) day
period, then the bank shall satisfy the monetary demand so set forth by the
City.
4. All revegetation as required by this Agreement shall be completed within
14 days of the date of commencement.
This Erosion Control Agreement shall have the same force and effect in
ensuring the City of any required rehabilitation of the site as would a
performance bond, irrevocable letter of credit, or cash escrow.
IN WITNESS WHEREOF, the parties have executed this Agreement
year first above written.
The City of Fort Collins,
A municipal Corporation
By: By:�("�1 '.
Steven C. Burkett
City Manager
Attest:
the day and the
y
r _. 3.., , o Von
?E�ui :�!?� Attorney
First Interstate Bank of Subject to the execution of loan documents for the
South Fort Collins development loan referenced in 6th full paragraph
of page 1 of this agreement.
By: � i Attest:��
First, T-iiterstate Bank South
The Kaplan Corporation, Inc.
By: T �.i' �. Attest
Lester M. Kaplan
President f -'
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 basin 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
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 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. 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
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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 10 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.
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.
In order to guarantee the proper installation and maintenance of
the erosion control measures shown on the approved Plan, the
Developer shall provide the City with a security deposit prior to
beginning construction. Said security deposit shall be made in
accordance with the criteria set forth in the Storm Drainage Design
Criteria and Construction Standards. With regard to this
development it is agreed that the security and guarantee in the
form attached hereto as Exhibit "C" is acceptable and shall be
completed and executed prior to commencement of any construction in
the area defined within said Exhibit "C."
3. The Developer and the City agree that the storm
drainage system for this development contains some features that
make it important to construct the facilities in accordance with
the plans and to ensure that the facilities are maintained and kept
operational throughout the buildout of this development. For this
reason the following additional requirements shall be followed for
building on Lots 9 through 17, 23 through 34 and 36 through 43:
The drainage improvement system required to be constructed on
the above Lots shall be completed in accordance with the
approved utility plans and said completion shall be certified
as being in accordance with said plans by a licensed
professional engineer. Said certification by such engineer
that the drainage systems' function and adequacy to serve its
purpose has not been impaired by the construction and
landscaping on said lot shall be submitted to the City prior
to the issuance of a certificate of occupancy for each of the
above lots.
D. Streets.
1. The Developer and the City agree that no street
oversizing reimbursement is due the Developer for this development.
E. Ground Water
1. The Developer and the City recognize that soil
borings in this development have indicated the presence of shallow
ground water :Levels. Accordingly, it is agreed that the Developer
shall be allowed to install a subdrain system designed to help
prevent water from seeping into basements of homes constructed
within the development in accordance with the approved plans for
this development. The Developer and the City agree that the City
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shall not be responsible for the maintenance of said subdrain
system and that it shall be the responsibility of the Developer to
maintain said subdrain system. The City shall not be responsible
for, and the Developer hereby agrees to indemnify the City against,
any damages or injuries sustained in the development as a result of
groundwater seepage, whether resulting from groundwater flooding,
structural damage or other damage unless such damages or injuries
are sustained as a result of the City's failure to properly
maintain its water, wastewater and /or storm drainage facilities in
the development.
2. The Developer and the City agree that the subdrain
system approved for construction with this development is designed
specifically for this development. No other drainage systems nor
subdrain systems from other developments shall be allowed to tie
into said subdrain system.
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.
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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;
(b) Treat the Agreement as continuing and require specific
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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 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.
ATTEST:
�9"2 .i /CITY CLERK
APPROVED AS TO CONTENT:
Director of Eng
THE CITY OF FORT COLLINS, COLORADO,
a Muni ipal Corporation
By: C,
City Manager
E
DEVELOPER:
THE KAPLAN COMPANY, INC
a Colorado Corporation
By
�1 Lester M. Kaplan, Pr ident
ATTEST:
Robert L. Hiller, Sed1etary
XSSI/ •-5_ec .
Harold R. Webster, an individual