HomeMy WebLinkAboutCIMARRON WEST PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 2-
day of c_ ,
A.D. 198� by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and T. D. MURPHY, III,
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:
Cimarron West, a P.U.D. located in the Northeast
Quarter of Section 27, Township 7 North, Range 69 West
of the Sixth P.M., City of Fort Collins, Larimer
Country, 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
Cimarron West PUD
July 1984
CVUTDTT IiAll
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. Storm drainage improvements to be installed out of sequence.
See paragraph 2.C.
rvlrrnrr onu
The Development Agreement for Cimarron West .
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.
Z.
Sub -Total
Channel excavation, detention pond
excavation and riprap
Sub -Total
L.f.
/L.f. $
$
Ea.
Ea. $
Ea.
Ea. $
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. $
EXHIBIT B - Page 2
ITEM DESCRIPTION
3. Right-of-way & easement acquisition
(a)
(b)
Sub -Total
4. Professional Design
(a)
5. Other
ANTITY UNIT COST TOTAL COST
S.F. $ /S.F. $
Ac. $ /Ac. S
Lump Sum
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
Prepared by: Title:
Address:
M
R
S
82285 P 1 282 581 680 10AUG 17 AM11: 10
COUNTY OF LARIM#ER
N 0 T I C E
STATE OF COLORADO
Please take notice that on July 23, 1984, the Planning and Zoning Board
of the City of Fort Collins, Colorado, approved the Final Plan of the planned
unit development known as Cimarron West P.U.D. 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 July 17, 1984, 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 the City of Fort Collins.
The subject property is more particularly described as follows:
A Plat of Cimarron West Resubdivision, a planned unit
devlopment (being a resubdivision of a part of Cimarron
West, a planned unit development, a part of an Amendment
to a Rep] at of Block 1, Lots 1, 8, and Tract "B" of Block
2, and a portion of streets as shown on the Cimarron West
PUD) a Tract of land located in the Northeast Quarter of
Section 27, Township 7 North, Range 69 West of the 6th
P.M., City of Fort Collins, Larimer County, Colorado.
5ity r e ret ry, arming & Zoning Boar
City o Fort Collins
Dated:y /( ✓) 6
SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this.,, -,.,day of-?,���c�� < ,
A.D. 1981, by and between THE CITY OF FORT COLLINS, COLORADO, a MunicipL
Corporation, hereinafter referred to as "the City," and T.D. MURPHY CON-
STRUCTION COMPANY, a Colorado Corporation and THOMAS D. MURPHY, III,
hereinafter referred to as "the Developer,"
WTTNFCCFTH-
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:
Cimarron West, a Planned Unit Development, located in
the Northeast quarter of Section 27, Township 7 North,
Range 69 West of the Sixth Principal Meridian, City of
Fort Collins, County of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop said property as a resi-
dential subdivision and has submitted to the City a subdivision plat (and
a site plan if said property is to be developed as a Planned Unit Develop-
ment), a copy of which is on file in the Office of the Director of Engi-
neering Services; 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 Services 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 site plan
where applicable) submitted by the Developer subject to certain require-
ments and conditions which involve the installation of and construction of
utilities and other municipal improvements in connection with said lands.
NOW, THf:REFORE, 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, sidewalks, and
bikepaths shall be installed as shown on the approved utility
plans and in full compliance with the standard specifications
of the City on file in the Office of the Director of Engineer-
ing Services relating to the specific utility.
B. No building permit for the construction of any structure
within the subdivision 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.
C. Any water lines, sanitary sewer lines, storm drainage lines,
and/or streets described on Exhibit "A", attached hereto,
-2-
shall be installed within the time and/or sequence required on
Exhibit "A". If the Director of Engineering Services deter-
mines 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 Director as referred to under "Special
Conditions" in this document.
D. All electric lines and facilities shall be installed in
accordance with the Electric Service Rules and Regulations,
the Electric Construction Policies, Practices and Procedures,
and specifications of the City of Fort Collins' electric
utility.
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 municipal
facilities necessary to serve the lands within the subdivi-
sion.
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 indivi-
dual lot service lines leading in and from the main to the
property line.
G. The installation of all utilities shown on the utility draw-
-3-
ings shall be inspected by the Engineering Division 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 supercede the
standard specifications.
H. The Developer shall provide the Director of Engineering
Services 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 (oversizing, payback, etc.). The Developer shall
repay the City for water lines in Shields Street and Drake
Road. The cost of the Shields Street water line shall be
$4.0445 per front foot or $2,089.15 and shall be paid upon
request for the first building permit. The cost of the Drake
Road water line shall be based on the 12" line construction
cost divided according to the adjacent properties' front
footage. The payment for the Drake Road water line shall be
made upon request of the first building permit unless rate has
not yet been determined, in which case payment will be due on
request of City. If payment is not received within thirty
(30) days of the request, no additional building permits will
be issued.
-4-
B. Sanitary sewer (oversizing, payback, etc.). The Developer
shall repay the City for the sewer line in Drake Road at a
rate of $5.47 per front foot or $2,521.62 and the sewer line
in Shields Street at a rate of $3.5479 per front foot or
$1,832.63. Both are payable upon request for the first
building permit.
C. Storm drainage lines and appurtenances (detention pond con-
struction, off -site mains, etc.). The Developer agrees to
complete the storm water piping, swales, detention facilities,
and appurtenant on and off -site structures prior to being
issued more than 12 building permits or 6 certificates of
occupancy. The maintenance of the on -site storm drainage
facilities shall be the responsibility of the homeowners
association in perpetuity.
D. Streets (oversizing, traffic lights, signs, etc.). The City
shall repay the Developer for construction of Shields Street
and Drake Road to arterial standards in lieu of local street
standards in accordance with Section 99-6(F) of the Code of
the City of Fort Collins.
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 Director of
Engineering Services in accordance with the City's "Work Area
Traffic Control Handbook" and shall not remove said safety
-5-
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. He shall remove such rubbish no less than
weekly and, at the completion of his work, shall remove all
waste materials, rubbish, tools, construction equipment,
machinery, and surplus materials from the public right-of-way
caused by his operation. The Developer agrees to maintain the
finished street surfaces free from dirt caused by his opera-
tion. 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 corrected to the satisfaction of the Director of Engi-
neering Services. In the event that the Developer fails to
adequately clean the streets within two (2) days after written
notice, the City may have the street cleaned and charge the
Developer for said costs of cleaning.
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
10
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 promises 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 construction 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.
1
-2- ��'
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. This Agreement shall be binding upon the parties hereto, their
successors, heirs, personal representatives, and assigns.
F. Nothing herein contained shall be construed as a waiver of any
ATTEST:
City Clerk
requirements of the City Subdivision Ordinance or any other
provision of the City Code, and the Developer agrees to comply
with all requirements of the same.
THE CITY OF FORT COLLINS, COLORADO
A iMmunlpal Corporation
By
AS Manager 2 r
-7-
ATTEST:
it e:
T.D. MURPHY CONSTRUCTION CO.,
A Colorado Corporation
By '�c i/t / �.c c: ' t Tll
Thomas D. Murphy, III, P esid n
v A/
Thomas D. Murphy, II, wne;
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 Developer shall attempt to coordinate the construction of Shields
Street and Drake Road with the City intersection improvement project if
possible,. The road improvements shall be required to be completed
before March 1, 1983. The Developer shall complete Light Foot Lane
when development occurs to the north and east of the development by
March 1, 1984, whichever occurs first.
4. Storm drainage improvements to be installed out of sequence.
Not applicable.
DATE: ebruary 20, 1981
citm mN WEST, P.U.D.
ADDETIDL4 NO. 1
The Subdivision Agreement between the City of Fort Collins and
T. D. Construction CePany, Inc. dated
is hereby ammended to include the following:
1. Paragraph 2, D is hereby expanded, for purposes of clarification,
to include the transition street widths which lie outside the
subdivision limits on both Shields Street and Drake Road as part
of the City's reimbursement responsibility.
2. Paragraph 2, C is hereby expanded to include the statement that
the City, shall expend every effort to collect from and repay this
developer for constructing the 235 feet of 18" RCP Class V pipe with
end section north from this property along Shields and the 243.74
feet of simular RCP, Class V pipe with end section south of this
property along Shields Street when the properties adjacent to these
sections of pipe are developed. This Addendum in no way coommits
the City to collect and repay, it only commits the City to attempt
to collect and repay if development on the adjacent property occurs.
ATTEST:
City Clerk
The C OF FORT COLLINS
By
$ S City Mana
T.D. MURPHY CONSTRUCTION COMPANY
A Colorado Corporation
B-r��_
y
Thcmas D. Murphy, III-,'resi ent
AST:
Secretary
anuary /�, 1982
CI!•:�iARON WEST, P.U.D. (As amended)
ADD�IDUM NO. 2
The Subdivision Agreement betteen the City of Fort Collins and
T. D. �-irphy Construction ConTany, Inc. dated February 20, 1981 is hereby
a=mi=nded to include the following:
I. Paragraph 2, A is hereby replaced by the following:
The Developer shall repay the City for water lines in Shields Street
and Drake Road at a rate of $4.0445 and $8.96 plus inflation, per front
foot respectfully. This payment shall be due upon request for first
building permit.
2. Paragraph 2, B is hereby replaced by the following:
The Developer agrees to repay the City for sewer lines in Shields Street
and Drake Road at a rate of $3.5479 and $5.47 per front foot respectfully.
This payrrent shall be due upon request for first tap.
3. Exhibit "A" Paragraph 3 is hereby replaced by the following:
The Developer agrees to attempt to coordinate the construction of Shields
Street and Drake Road with construction of such streets by Cim-naron Plaza P.U.D.
The road improvements shall be required to be completed before March 1, 1983.
The Developer shall complete Raintree Drive to full width adjacent to
Cinmaron Plaza P.U.D. when this portion of Raintree Drive is completed.
ATTEST:
City Clerk
THE CITY OF FORT COLLINS
QCity Manag
T. D. MURPHY CONSTRUCTION COMPANY
A Colorado Corpora 72""
By ��� r
Thomas D. Murphy III - Pz sideryt
-�1 �- 77 7
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-
W/
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 drainage facilities shall be so designed and con-
structed by the Developer as to protect downstream and ad-
jacent 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 require-
ments 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 main-
tenance; (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, subsequent purchasers of property
in the development and downstream and adjacent property
owners all of whom shall be third party beneficiaries of
said agreement between the Developer and Engineer.
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-
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. Special Conditions.
A. Water lines..
The Developer agrees to pay the City for his portion of the
12" water line in Drake Road at the cost of $8.96 per front
foot plus an inflation factor. The inflation factor is based
on the difference of the Denver Construction Cost Indices
found in the Engineering News Record for the months of the
request of the first building permit and the month of October,
1977.
B. Sanitary sewer.
The Developer agrees to pay the City for his portion of the
21" sewer line in Drake Road at the cost of $5.47 per front
foot. >C` Apr/,) #QGWEsv- c^F °Fwv r/k'sr'
C. Storm drainage lines and appurtenances.
1) All storm drainage facilities shall be completed by the
Developer and approved by the City prior to release of more
than 11 building permits and 5 certificates of occupancy.
2) The Developer agrees to reseed the right-of-way and deten-
tion pond that is disturbed during the construction of the
off -site storm drainage facilities. The Developer also agrees
to transplant the existing trees under the direction of the
City Arborist and replace these trees in accordance with the
landscape plan and landscape covenants.
D. Streets (oversizing, traffic lights, signs, etc.).
1) The City agrees to repay the Developer for oversizing
Drake Road and Shields Street to arterial standards in lieu of
local street standards in accordance with the Code of the City
of Fort Collins, Article 99-6.F.
-6-
2) The Developer may be entitled to reimbursement for con-
struction of portions of Drake Road and Shields Street in
accordance with the Code of the City of Fort Collins, Article
99-6.B. (6).
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
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.
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.
-8-
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:
City Clerk
APPROVED:
4ireckt—�or4fPubli _Works
�C4�tyvAttoney--
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By
City Manager
OWNER
A�61 Ad j
4�Thomas D. Murphy,