Loading...
HomeMy WebLinkAboutWOODLANDS FIFTH - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-18DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this Ep day of A Q,/:r 198$ by and between THE CITY OF FORT COLLINS, COLORADO, a Munic- ipal Corporation, hereinafter referred to as "the City," and GIULIANO AND FATHER CONSTRUCTION, INC., a Colorado Corporation, hereinafter referred to as "the Developer". WITNESSETH WHEREAS, the Developer is the Owner of certain property situated in the County of Latimer, State of Colorado, and legally described as follows, to -wit: THE WOODLANDS FILING 5, situate in the Southwest 1/4 of Section 35, Township 7 North, Range 69 West of the 6th P.M., Fort Collins, Latimer County, Colorado. WHEREAS, the Developer desires to develop said property and has sub- mittcd 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 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 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 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: 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 there- for.. 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. EXHIBIT "A" I. 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 off -site improvements on Harmony Road shall be completed concurrent with the construction of the on -site improvements to Harmony Road adja- cent to the development prior to issuance of more than 13 building per- mits. 4. Storm drainage improvements to be installed out of sequence. Not applicable. 10- EXHIBIT "D" The Development Agreement for The Noodlands Filing 5 Not Applicable CCST ESTI',,�TE FOR =02 MIME IPPROVEANTS Include only those major storm drainage basin improvements required by an adopted basin master plan. 1TO DE SC YT?DPI OUANTITY LnirT ME- T07AL Q J I I. Store sewer, manholes, end sections, etc_ 2 Sub —Total Channel excavation, detention pond excavation and riprap Sub -Total L.f. Ea. Ea. S Ea. Ea. 5 E C.Y. S /C.Y. S C.Y. 5 /C.Y. S C.Y. 5 /C.Y. S S EXHIBIT B - Page 2 IT DESCRIPTION 3. Right-of-way A easement acquisition (a) W Sub -Total Professional Design Other QUANTITY UNIT 77T T,-_ S.F. 5 /S.F. 5 Ac. S /Ac. S LL.Mo Sup $ Total estimated cost of Storm Drainage improvements eligible for credit or City repayment S Prepared by: Address: Title: 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 com- pliance with the Council -approved standards and specifications 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 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 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 facili- ties 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 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 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 require- ments of the plans and/or specifications applicable to such installa- tion. In case of conflict, the utility drawings shall supersede the standard specifications. -2- 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 harm- less 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 differ- ent 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 facil- ity design or construction shall in no manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid indemnifica- tion_ 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 improve- ments 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. The Developer shall reimburse the City the sum of $4,773.09 plus an inflation factor for the cost of installation of the 6" water line in Marigold Lane adjacent to the development. The inflation factor shall be calculated using the Construction Cost Index for Denver as pub- lished in the Engineering News Record of January 17, 1985. Said reimbursement shall be paid prior to the time the first building permit is issued for this development. is B. Sewer lines. (i) The Developer shall reimburse the City the sum of $178 per gross acre for the cost of installation of the Warren Lake Trunk Sewer to serve the development. Said reimbursement shall be paid prior to the time the first building permit is issued for this development. (ii) The Developer shall reimburse the City the sum of $5,726.61 plus an inflation factor for the cost of installation of the 8" sewer line in Marigold Lane adjacent to the development. The infla- tion factor shall be calculated using the Construction Cost Index for Denver as published in the Engineering News Record of January 17, 1985. Said reimbursement shall be paid prior to the time the first building permit is issued for this develop- ment. 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 Devel- oper prior to the issuance of more than 13 building permits. Completion of improvements shall include the certification by a licensed professional engineer that the drainage facilities which service this development, have been constructed in conformance with the approved plans. (i i) The Developer agrees to provide and maintain erosion control improvements as shown on the approved utility plans to stabi- lize 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) Prior to beginning construction of improvements to Harmony Road along the frontage of this development, 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 means to guarantee the completion of all public improvements to be constructed in the street rights - of -way in accordance with the approved utility plans on file in the office of the Director of Engineering. The amount depo- sited shall be equal to 100% of the estimated cost of the improvements. The estimate shall be prepared by the Developer and submitted to the Director of Engineering for review and approval. (i i) Subject to the conditions of this agreement, the City agrees to reimburse the Developer for oversizing public street improve- ments along Harmony Road for those portions of said street abutting the property on the approved utility plans. Reimburse- ment for Harmony Road shall be for oversizing the street to major 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 -4- Developer agrees and understands that the City shall have no obligation to make reimbursement payments for street oversiz- ing 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 Developers' 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 buy 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 calcu- lated in accordance with the formula as set forth in Section 24-121 (d). (iii) The Developer shall reimburse the City for the cost of construct- ing certain street improvements on Marigold Lane adjacent to the development. The reimbursement amount shall be $21,233.40 in actual costs plus a percentage added for inflation. The inflation factor shall be calculated using the Construction Cost Index for Denver as published in the Engineering News Record of May 16, 1985. The amount due may be divided into two separate payments in the amounts as specified below, which respective payments shall be made prior to the issuance of the first building permit along the frontages associated with such payments as outlined here below: (a) Viola Street @ Marigold Lane (337' of frontage) Lots I - 15 and Lots 43 - 51. $12,893.07 + inflation factor (b) Hibiscus Street @ Marigold Lane (218' of frontage) Lots 16 - 42. $8,340.33 + inflation factor (iv) The Developer and the City agree that the Developer shall design and construct certain off -site street improvements on Harmony Road in connection with this development as said improvements are described on the utility plan for this devel- opment. Accordingly, the City agrees to reimburse the Devel- oper for the cost of design and construction of such improve- ments. The design may be performed by the Developer's engi- neer provided that it is approved by the Director of Engineer- ing prior to construction. The Developer shall receive at least 3 competitive bids for construction of the improvements and award the contract to the lowest responsible bidder. To receive reimbursement, the Developer shall present to the City invoices -5- and other sufficient documentation to verify the actual cost of the design and construction. 0 (v) The Developer shall complete all off -site improvements on Harmony Road concurrent with the construction of the on -site improve- ments adjacent to the development prior to the issuance of more than 13 building permits. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices at all construc- tion 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 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 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 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. 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 and related documents, or on any replat 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. 7- 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 contin- gent 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 assign- ment of any portion of the Developer's real or proprietary interest in the real property herein after described, as well as any assign- ment 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 condi- tions of this Agreement occurring after the date of any such trans- fer 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 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. 8- ATT ST: 7L o City Clerk APPROVED .AS TO FORM: F. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: c Ljzo---�— City Manager DEVELOPER: GIULIANO AND FATHER CONSTRUCTION, INC. a Colorado Corporation In