HomeMy WebLinkAboutVILLAGES AT HARMONY WEST PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-10DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 31s day of Au u5- ,
A.D. 1983, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and BOB PETERSON,
owner, 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:
Villages at Harmony West P.U.D., First Filing, located
in the Southeast Quarter of Section 34, Township 7
North, Range 69 West of the Sixth P.M., City of Fort
Col Tins, County of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop said property and has
submitted 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
F. This Agreement shall be binding upon the parties hereto, their
successors, grantees, heirs, personal representatives, and
assigns and shall be deemed to run with the real property
above described.
G. 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.
ATTEST:
AittlCl&erk ��
APPROVED:
le i
it r o Public W s
L_.
Ci y Attorney —
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By 4 1 i9 f�- / ] i _"f
City, ,Mapdpr,. �; r
C Y hGElt
Owner
Bob Peterson
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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.
The construction of Harmony Road, including any Code required off -
site improvements will be constructed prior to July 1, 1985.
4. Storm drainage improvements to be installed out of sequence.
See paragraph 2.C.
rvilT.TT iin"
The Development Agreement for Villages at Harmony West P.U.D., First Filing
COST ESTIMATE 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
1.
Storm sewer, manholes, end sections,
etc.
(a)
18" R.C.P., Cl. III (D.P. No. 1)
205
L.f.
20.35 /L.f.
$
4,171.75
(b)
36" R.C.P., Cl. III (D.P. No. 5)
77.5
L.f.
41.45 /L.f.
$
3,212.38
(c)
4' dia. manhole (9.3' deep)
1
Ea.
1,035.00 Ea.
$
1,035.00
(d)
5' dia. manhole (6.5" deep)
1
Ea.
1,180.00 Ea.
$
1,180.00
(e)
End section for 36" dia. R.C.P.
1
Ea.
580.00 Ea.
$
580.00
(f)
End section for 18" dia. R.C.P.
1
Ea.
330.00 Ea.
$
330.00
(g)
Conc. inlet structure for 18" R.C.P.
w/ trash and safety guard
1
Ea.
770.00 Ea.
$
770.00
Sub -Total
$11,279.13
2.
Channel excavation, detention pond
excavation and riprap; Pleasant Valley and Lake
Canal
relocation
(includes 10% contingency)
(a)
Detention Pond No. 1 and Canal
Cut
43,344
C.Y.
$ 1.20 /C.Y.
$
52,012.80
relocation
Fill
33,234
C.Y.
$ 0.90 /C.Y.
$
29,910.60
(b)
Detention Pond No. 5 and open channel
Cut
6,555
C.Y.
$ 1.20 /C.Y.
$
7,866.00
Fill
4,417
C.Y.
$ 0.90 /C.Y.
$
3,975.30
(c)
riprap
155
C.Y.
$ 46.30 /C.Y.
$
7,176.50
(d)
riprap bedding
40
C.Y.
$ 12.90 /C.Y.
$
516.00
Sub -Total $101,457.20
EXHIBIT B - Page 2
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST
3. Right-of-way & easement acquisition
(a) Detention Pond No. 1 8.29 Ac. $20,000/Ac. $165,800.00
(b) Detention Pond No. 5 and open channel 2.13 Ac. $20,000/Ac. $ 42,600.00
Sub -Total $208,400.00
4. Professional Design
(a)
Lump Sum $ 16,500.00
5.
Other
(a)
5' wide conc. trickle pan
1,590
L.F.
14.85/L.F.
$
23,611.50
(b)
4' wide conc. trickle pan
1,375
L.F.
10.75/L.F.
$
14,781.25
(c)
bentonite sealing of relocated canal
1,375
L.F.
30.00/L.F.
$
41,250.00
(d)
seeding of detention ponds and open
channel
10.42
Ac.
500.00/Ac.
$
5,210.00
Subtotal
84,852.75
Total estimated cost of Storm Drainage
improvements eligible
for
credit or City repayment
$422,489.08
Prepared by: Michael C. Ketterling, P.E
Address: Parsons and Associates
432 Link Lane Plaza
Fort Collins, Colorado 80524
Title: Project Engineer
EXHIBIT "X"
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UPPER BASIN
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
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 premises and the terms and
conditions acknowledged by the parties hereto, it is agreed as follows:
1. General Conditions.
A. All water lines, sanitary sewer collection lines, storm
sewer lines and facilities, streets, curbs, gutters, side-
walks, and bikepaths shall be installed as shown on the
approved utility plans and in full compliance with the Council
approved standard 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 any
time limitations as provided by Ordinance.
B. 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 struc-
ture have been completed and accepted by the City. No build-
ing permits shall be issued for any structure located in
excess of six hundred sixty feet (660') from a single point of
access.
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C. 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 determines that any water
lines, sanitary sewer lines, storm sewer facilities and/or
streets shown on the utility plans are required to provide
service or access to other areas of the City, those utilities
shall be installed within the time determined by the City
Engineer as referred to under "Special Conditions" in this
document.
D. 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 municipal
facilities necessary to serve the lands within the develop-
ment.
E. 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 indivi-
dual lot service lines leading in and from the main to the
property line.
F. The installation of all utilities shown on the utility draw-
ings shall be inspected by the Engineering Division of the
City and shall be subject to such department's approval.
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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 supercede the
standard specifications.
G. All storm sewer facilities shall be so designed and con-
structed as to protect the downstream properties and to
adequately serve the property to be developed (and other lands
as may be required, if any). The developer hereby agrees to
indemnify and hold the City harmless from any and all claims
that might arise, directly or indirectly, as a result of the
discharge of storm drainage or seepage waters from the devel-
opment in a manner or quantity different from that which was
historically discharged.
H. The Developer shall pay storm drainage basin fees in accor-
dance with Chapter 93 of the City Code. Storm drainage
improvements will be installed in accordance with the provi-
sions of Section 2.B. of this agreement. Storm drainage
improvements eligible for credit or City repayment under
provisions of Chapter 93 are described together with the
preliminary estimated cost of the improvements on the attached
Exhibit "B", which improvements shall include land acquisi-
tion, design and construction costs. The basin fee payable by
the Developer shall be reduced by the estimated cost of said
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eligible improvements. Upon completion of such eligible
improvements, the amount of such reduction shall be adjusted
to reflect the actual cost.
I. The Developer shall provide the City Engineer with certified
Record Utility Drawing Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the construc-
tion.
2. Special Conditions.
A. Water lines (oversizing, payback, etc.).
The City agrees to repay the Developer for oversizing the
water lines (materials only) in Seneca Street and Regency
Drive to 12" from 8" in accordance with the Code of the City
of Fort Collins Article 11241.A.
B. Sanitary sewer (oversizing, payback, etc.).
The Developer agrees to pay the City the Warren Lake Trunk
Sewer Basin Fee at the rate of $178.00 per acre, due upon
request for first building permit.
C. Storm drainage lines and appurtenances (detention pond con-
struction, off -site mains, etc.).
(ii) Storm drainage facilities shall be constructed by
the Developer and approved by the City Engineer prior to
the release of twenty (20) building permits and ten (10)
Certificates of Occupancy.
Hi The utility plans call for the construction of Pond #1
and for the relocation of the Pleasant Valley and Lake
Canal, which construction and relocation is for the
purpose of providing storm drainage protection for Phases
I and II of Pineview PUD against storm drainage flows
from that development presently known as the Villages of
Harmony West and other developments which may later be
completed within the 195 acre upper basin as shown on the
map attached hereto as Exhibit "X". It is understood and
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agreed that the City will not be responsible for finan-
cial participation in the construction of Pond #1 or
the relocation of the Pleasant Valley and Lake Canal
until development within the upper basin as defined on
Exhibit "X" has been substantially completed. (For the
purposes of this paragraph, substantial completion of the
upper basin shall mean that the upper basin shall be at
least sixty percent (60%) fully developed and con-
structed.) The cost of construction shall include only
engineering design costs and actual construction costs.
In the event that the Developer elects to relocate the
Pleasant Valley and Lake Canal and/or construct Pond #1
prior to the substantial development of the upper basin,
such construction and relocation shall be accomplished
solely at the expense of the Developer and the City shall
have no obligation to participate in such construction
nor to pay any carrying charges on the costs of such
construction or relocation, provided, however, that the
City shall, upon the Developer's written request, credit
the City verified and approved cost of such relocation
and construction against the basin fees for the Villages
at Harmony West. Further, as other development occurs
within the upper basin as defined on Exhibit "X", the
City will remit any basin fees collected in connection
with such development to the Developer as partial payment
of the costs of said relocation and construction until
such time as said costs are fully repaid. Notwith-
standing the foregoing, when the upper basin is substan-
tially developed (60% fully developed and constructed)
the balance of the repayment will be made by the City as
provided by Code. It is further understood and agreed
that if the applicable basin account of the Storm Drain-
age Fund contains insufficient funds to make payment of
the total amount due from the City to the Developer, the
City shall pay such amount as is available and the City
staff shall recommend to the City Council that appropri-
ation be made in the following year's Budget to pay the
balance plus interest at the rate of eight percent M)
per annum. The aforesaid interest (if approved by the
City Council) shall commence, with regard to the cost of
engineering design and for the costs of construction, at
the time the improvements are completed and accepted by
the City. The only costs to be reimbursed by the City
are the costs of the easement acquisition, engineering
design and actual construction, and the City shall not be
responsible for the payment of any costs other than those
indicated above.
am
(iii) In the event that the Developer should construct any
temporary detention in order to provide storm drainage
protection, the City shall not be obliged to make repay-
ment for the costs of construction of any such temporary
detention, or other temporary storm drainage facilities,
except to the extent that such detention or other facili-
ties shall function to reduce the cost of construction of
the final improvements as defined in paragraph (ii) of
this section. In the event that such detention or other
facilities shall be determined by the City to reduce the
cost of said final improvements, repayment for such
temporary facilities shall be made upon the same basis as
is outlined in paragraph (ii) of this section.
(iv) With regard to the easement acquisition costs in connec-
tion with Pond #1 and the relocation of the Pleasant
Valley and Lake Canal, it is agreed that the City will
acquire from the Developer said easements for the stipu-
lated price of Thirteen Thousand Two Hundred Dollars per
Acre ($13,200.00/acre) with payment to be made to the
Developer when sufficient funds are available in the
basin account. In the event that sufficient funds
are not available during 1983, the City staff shall
recommend to the City Council that appropriation be made
for the land acquisition costs (including interest) in
the 1984 budget. In the event that the Council shall
make appropriation in the 1984 budget, prompt payment
shall be made when such funds are budgeted and appropri-
ated in which event interest (if approved by the City
Council) shall accrue at the rate of ten percent (10%)
per annum commencing at the time of filing of the final
plats and continuing thereafter until payment is made.
(v) Upon completion of the various storm drainage improve-
ments which are the subject of this section, and accep-
tance thereof by the City, the Developer shall convey, by
deed of dedication, such land as is necessary for the
location, maintenance and repair of the said ponds and
other related improvements. Notwithstanding the fore-
going, the Developer shall continue to be responsible
for the maintenance of all plantings located upon the
dedicated property and will irrigate, mow, trim or
otherwise maintain all green areas within the boundaries
of the said dedicated property.
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D. Streets (oversizing, traffic lights, signs, etc.).
The City agrees to repay the Developer for oversizing Seneca
Street to collector standards and Harmony Road to arterial
standards in lieu of local street standards in accordance with
the Code of the City of Fort Collins Article 99-6 F. The City
agrees to repay the Developer for oversizing Regency Drive to
collector standards in lieu of local street standards in
accordance with the Code of the City of Fort Collins Article
99-6 F, except for any costs pertaining to the median. The
Developer may be entitled to reimbursement for the construc-
tion of Harmony Road in accordance with the Code of the City
of Fort Collins Article 99-6 B(6). The Developer agrees to
submit final plans for Harmony Road and Shields Street no
later than September 15, 1983.
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-way
and/or other areas as deemed necessary by the City Engi-
neer 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.
B. The Developer shall, at all times, keep the public right-of-
way free from accumulation of waste material or rubbish caused
by his 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.
He further agrees to maintain the finished street surfaces
free from dirt caused by his operation. Any excessive ac-
cumulation of dirt and/or construction materials shall be
considered sufficient cause for the City to withhold building
permits and/or certificates of occupancy until corrected to
IM
the satisfaction of the City Engineer. 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 his expense and he 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 erodable
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
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 agreement,
complete all improvements and perform all other obligations
required herein, as such improvements or obligations may be
shown on the original plat, or on any replat subsequently
filed by the Developer, and the City may withhold such buil-
ding permits and certificates of occupancy as it deems neces-
sary to ensure performance hereof.
ME