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HomeMy WebLinkAboutCOURTNEY PARK PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this � day of p ✓ , A.D. 198�1 by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and COLLINDALE SOUTH II, a Colorado general partnership, hereinafter referred to as "the Developer," 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: Courtney Park, a Planned Unit Development, located in a portion of the Southwest Quarter of Section 31, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, 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 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 -1- FXNTRTT "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. See paragraph 2.C. 4. Storm drainage improvements to be installed out of sequence. See paragraph 2.B. -10- EXHIBIT "B" The Development Agreement for Courtney Park, a P.U.D. This exhibit does not apply to this development. COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEi1ENTS Include only those major storm drainage basin improvements required by an adopted basin master plan. ITEM 2. DESCRIPTION Storm sewer, manholes, end sections, etc. Sub -Total Channel excavation, detention pond excavation and riprap Sub -Total QUANTITY UNIT COST TOTAL COST $ $ Ea. Ea. $ Ea. Ea. $ C.Y. $ /C.Y. $ C.Y. $ /C.Y. $ C.Y. S /C.Y. $ $ EXHIBIT B - Page 2 ITE14 4. (a) DESCRIPTION QUANTITY UNIT COST TOTAL COST Right-of-way & easement acquisition S.F. $ /S.F. $ Ac. $ /Ac. $ Sub -Total Professional Design Lump Sum $ Other Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared by: Address: Title: 14,85 fEB -I M q: 21 1 V' ,J i NOTICE i-: it Ui .., I 1 ,ADS Please take notice that on November 19, 1984, the Planning and Zoning Board of the City of Fort Collins, Colorado, approved the Final Plan of the planned unit development known as Courtney Park PUD, 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 16, 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: (See attached legal description) Offsite easements required for utilities to serve this planned unit development are recorded with the Larimer County Clerk and Recorder. NA "CIty C 1 a Secretary, Planning and Zoning Board City of Fort Collins Dated: 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 acknowledge 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 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 structure have seen 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. 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 -2- on Exhibit "A". If the City Engineer 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. 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 development. 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 individual lot service lines leading in and from the main to the property line. F. The installation of all utilities shown on the utility drawings shall be inspected by the Engineering Division of the City and shall be subjected 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. -3- G. 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 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 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 -4 - 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 accordance 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 constructed 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 improvements and approval of the construction by the City. I. The Developer shall provide the City Engineer with certified Record Utility Drawing Trasparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the -5- construction. 2. Special Conditions. A. Sanitary sewer. The Developer shall pay the City in accordance with the 'Marren Lake Trunk Sewer Repay Agreement dated September 8, 1977, the amount of $102.74 per dwelling unit. Payment shall be made prior to the issuance of building permits. B. Storm drainage lines and appurtenances. All storm drainage facilities shall be completed by the Developer and approved by the City prior to the release of five building permits. C. Other. 1. All construction traffic shall be limited to McMurray Avenue, Monte Carlo Drive and Wheaton Drive. Under no circumstances will construction traffic use Lemay Avenue or Whalers Way to access this project. 2. Under no circumstances will Certificates of Occupancy be issued for any building until such time that Lemay Avenue is fully closed for the construction of Lemay Avenue north from Ticonderoga Drive to Horsetooth Road. 3. Under no circumstances will Certificates of Occupancy be issued for the buildings shown in red on Exhibit "C", attached hereto and incorporated herein, until such time that the construction of Lemay Avenue north from Ticonderoga Drive to Horsetooth Road is completed and open for public use. 4. The curb cut for this development on Wheaton Drive shall not be constructed until the construction of Lemay Avenue north from Ticonderoga Drive to Horsetooth Drive is completed and open for public use. A temporary curb cut for construction traffic may be constructed on Wheaton Drive for construction traffic only. 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 Engineer in accordance with the City's "Work Area Traffic Control 10 Handbook" and shall not remove said safety devices until the construction has been approved by the City Engineer. 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 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 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 -7- 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 building permits and certificates of occupancy as it deems necessary to ensure performance hereof. In addition, it is agreed and understood between the developer and the City that the City shall have the right to refuse issuance of building permits and certificates of occupancy in the subject development as the City, in its sole discretion, shall deem necessary in order to insure performance by the developer of any other obligation the developer may have to the City, whether pursuant to other development agreements, or otherwise. 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 10 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 contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. I. 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. ATTEST: e City Clerk APPDROVED: �D v.�l 2, y ngineer City ttorne THE CITY OF FORT COLLINS, COLORADO A Munici 1 C p i gy City Manager COLLINDALE SOUTH II, a Colorado general partperr hip Bill Tfley, Managing Partor