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HomeMy WebLinkAboutCHESTNUT VILLAGE AT CUNNINGHAM CORNER - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this --?z / day of �. , A.D. 1983, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and METCALF, Ltd., a Colorado limited partnership, by Sibbald/Lustig Company, a Colorado Corporation, General Partner, hereinafter referred to as "the Developer," IJTTAIGCCGTW - WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to-wi t: Chestnut Village at Cunningham Corners P.U.D. being a replat of a portion of Cunningham Corners P.U.D. located in Section 26, Township 7 North, Range 69 West of the Sixth P.M., City of Fort Collins, 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 Chestnut Village October, 1983 EXHIBIT "A" I. Schedule of water lines to be installed out of sequence. N/A 2. Schedule of sanitary sewer lines to be installed out of sequence. N/A 3. Schedule of street improvements to be installed out of sequence. N/A 4. Storm drainage improvements to be installed out of sequence. See Paragraph 2.C. r­ i r n t T 11 n 11 The Development Agreement for Chestnut Village at Cunningham Corners P.U.D. This exhibit does not apply to this development. 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) (b) (c) Ea. Ea. $ (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 - Page 2 ITEM DESCRIPTION 3. Right-of-way & easement acquisition ( a) (b) Sub -Total 4. Professional Design (a) 5. Other (a) (b) (c) QUANTITY UNIT COST TOTAL COST S.F. $ /S.F. $ Ac. $ /Ac. $ Lump Sum $ Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared by: Title: Address: EXHIBIT "B" The Development Agreement for Chestnut Village at Cunningham Corner/Metcalf Ltd. COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS Include only those major storm drainage basin improvements required by an adopted basin master plan. ITEM DESCRIPTION _ 1. Storm sewer, manholes, end sections, etc. Sub -Total 2. Channel excavation, detention pond excavation and riprap (a) Stripping (b) Cut (c) (d) Grading (e) Swale Construction UANTITY UNIT COST TOTAL COST L.f. /L.f. $ L.f. /L.f. $ Ea. Ea. $ Ea. Ea. $ $ N/A 2,200 C.Y. $ 1 /C.Y. $ 2,200 11,000 C.Y. $ 1 /C.Y. $ 11,000 C.Y. $ /C.Y. $ 10,000 S.Y. $ 0.25 /S.Y. $ 2,500 L,F. $ /L.F. $ 750 Sub -Total $ 16,450 EXHIBIT B - Page 2 ITEM — DESCRIPTION _ QUANTITY UNIT COST _ TOTAL COST 3. Right-of-way & easement acquisition (a) 30' x 350' (Tract H Only) 10,500 S.F. $ 1.30* /S.F. $ 13,650 (b) Ac. $ /Ac. $ *Based on most current appraisal of undeveloped property. Sub -Total $ 13,650 4. Professional Design (a) Drainage Design L•S• Lump Sum $ 1,250 5. Other ( a) $ (b) $ (c) $ N/A Total estimated cost of Storm Drainage improvements eligible for credit or City repayment $ 31,350 Prepared by: Robert H. Schemmerling Address: 6412 South College Avenue Fort Collins, CO 80525 Title: Project Engineer CHESTNUT VILLAGE AT CUNNINGHAM CORNERS PUD AMENDMENT AGREEMENT NO. I THIS AGREEMENT, made and entered into this i,', / , day of 1984, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corpora- tion (City), and METCALF, LTD., a Colorado limited partnership, by SIBBALD/ LUSTIG COMPANY, a Colorado corporation (Development), is an amendment to that certain Development Agreement dated the 22nd day of November, 1983, by and between the parties hereto. By this agreement, the aforesaid Development Agreement is hereby amended in the following particulars: Paragraph 2E is amended to read as follows: "E. Recreational Facility: No more than 11 certificates of occupancy will be issued in the developments shown on the Master Plan of Cunningham Corners PUD prior to the issuance of the Certificate of Occupancy for the Recreational Facility incorporated into the site plan for Willow Grove at Cunningham Corners PUD. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ATTEST: APPROVED: irector ot Public orks Vtpry 'Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation By City Manager METCALF, LTD. a Colorado Limited Partnership By: SIBBALD/LUSTIG COMPANY a Colorado corporation, general partner Thomas R. Sibbald President (C•ORNORAT E �,')E;;l.; B22446 P1113 537981 COUNTY OF LAW"ER 1983 NOV 18 AS 11: 35 STATE OF COLORADO Please take notice that on NOTICE , the Planning and Zoning Board of the City of Fort Collins, Colorado, approved the Final Plan of the planned unit development known as Corner Chestnut Village at Cunningham (subject property), which development was submitted -and processed in accordance with Section 118-83 of the Code of the City of Fort Collins. The Final Plan of the subject property together with the development agreement dated November 2, 19M between the City of Fort Collins and the developer, out of which documents accrue certain rights and obligations of the developer and/or subsequent owners of the subject property, are on file in the office of the Clerk of she City of Fort Collins.. October 24, 1983 The subject property is more particularly described as follows: Being part of a subdivision known as the plat of Chestnut Village at Cunningham Corner a Planned Unit Development being two -tracts of land located in the southwest quarter of section 26, Township 7 north, Range 69 West of the 6th P.M. being a replat of a portion of blocks no. 2, no. 5, no.6, and no. 7 of Cunningham Corner a planned unit development, City of Fort Collins, Larimer County, Colorado. Offsitd,;.easements required for utilities to serve this planned unit deve'T'fiiigt`'are recorded with the Larimer County Clerk and Recorder. ZKK- 'O,e f4+ <Lity C, X/_ StSre tary,P I ammnoni Board City of Fort Collins 2 a,' /V "I M � E.; � � 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. -2- 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. -3- 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. 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 eligible for credit or City repayment under provisions of Chapter 93 are described together with the estimated cost of the improvements on the attached Exhibit "B", which improvements shall include right of way, design and construction costs. The basin fee payable by the Developer shall be reduced by the estimated cost of said eligible improvements. Upon completion of such eligible improvements, the amount of such reduction shall be adjusted to reflect the actual cost. If the cost of the eligible improvements con- -4- structed by the Developer and described in the above mentioned exhibit exceeds the amount of the storm drainage fees payable for the development, the City shall reimburse the excess cost out of the Storm Drainage fund upon completion of the improve- ments and approval of the construction by the City. 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. Saecial Conditions. A. Water lines (oversizing, payback, etc.). The Developer agrees to repay the City for its share of the water main in Horsetooth Road at a rate of $8.70 plus infla- tion per front foot. This inflation factor is based on the percentage of the difference in the Construction Cost Indices for Denver (from Engineering News Record) from August 16, 1979 to the month of repayment, to the beginning month. The Developer also agrees to repay the City for its share of the water line in the first phase of construction of Windmill Drive in the amount of $5736.75 plus inflation. This infla- tion factor is based on the percentage of the difference in the Construction Cost Indices for Denver (from Engineering News Record) from August 11, 1983 to the month of repayment, to he be eginning month. The Developer may be liable for his share of costs in future construction or may be entitled to reimbursement for the future construction of a water main in Windmill Drive adjacent to this development, in accordance with the Code of the City of Fort Collins, Article 112-43. These payments will be due upon request for first tap. B. Sanitary sewer (oversizing, payback, etc.). The Developer shall repay the City for its share of the sewer line in the first phase of construction of Windmill Drive in the amount of $9582.50 plus inflation. The inflation factor is based on the percentage of the difference in the Construc- tion Cost Indices for Denver (from Engineering News Record) from August 11, 1983 to the month of repayment, to the begin- ning month. The Developer may be liable for its share of -5- costs in future construction or may be entitled to reimburse- ment for the future construction of a sewer main in Windmill Drive adjacent to this development in accordance with the Code of the City of Fort Collins, Article 112-72 E.6. This payment is due upon request for the first tap. C. Storm drainage lines and appurtenances. All storm drainage facilities must be completed prior to the release of more than 14 Building Permits and 7 Certificates of Occupancy. D. Streets. The Developer shall repay the City for its share of the construction costs of Windmill Drive in the amount of $7265.74 plus inflation. This inflation factor is based on the per- centage of the difference in the Construction Cost Indices for Denver (from Engineering News Record) from October, 1983 to the month of repayment,to the beginning month. The payment is due upon request for first building permit. The Developer may be liable for its share of costs of future construction or may be entitled to reimbursement for the future construction of Windmill Drive adjacent to this development in accordance with the Code of the City of Fort Collins, Article 99-6 B.6. The City agrees to repay the Developer for oversizing West Horsetooth 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 Developer agrees to form an Improvement District for Horsetooth Road by December 31, 1983. Should this deadline expire the Developer agrees to participate in an Improvement District. If such a district is not formed, the Developer agrees to complete the north half of the improvements for Horsetooth Road from Shields Street to the east property line of this development prior to October 24, 1985. E. Recreation Facility. No more than 11 Certificates of Occupancy will be issued prior to the construction and acceptance (by City Building Inspec- tion) of the recreation facilities as indicated on the pre- liminary plan for Phase I construction. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices 9.2 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 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. -7- 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. 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. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By City Manager ATTEST: / I"iffla �G APPROVED: Dire or o ublic WorkAS C Attorne—Y METCALF, LTD., a Colorado limited partnership SIBBALD/LUSTIG COMPANY, a Colorado Corporation, General Partner -Z J K b, L Thomas R. Sibbald, President Ronald L. Lustig, ecretar