HomeMy WebLinkAboutCREEKSIDE ESTATES PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT
THIS AGREEMENT made and entered into this _tday o
1989, by and between THE CITY OF FORT COLLINS, COLORADO, a Mu 'ci-
pal Corporation, hereinafter referred to as "The City"and FAIRFIELD COMPA-
NIES, 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 Larimer, State of Colorado, and legally described as follows, to -wit:
CREEKSIDE ESTATES, P.U.D., being a replat of Shoreline
P.I.J.D. situate in the Southeast 1/4 of Section 36, 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 and has sub-
mitted 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:
1. 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 therefor, 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.
RCPTN # 89036976 08/18/89 11:23:34 # OF PAGES — 1 PEE — $5.09
M. RODENBERGER, RECOP — LARIMER COUNTY CO STA DC FEE— $.00
NOTICE
Please take notice that on July 21, 1989, the Planning and Zoning Board of the
City of Fort Collins, Colorado, approved the Minor Subdivision Plat known as
The First R.-plat of Shoreline P.U.D., which development was submitted and
processed in accordance with Section 29-526 of the Code of the City of Fort
Collins. The Minor Subdivision Plat of the subject property together with the
development agreement dated August 14, 1989 between the City of Fort Collins
and the developer, out of which certain documents accrue certain rights and
obligations of the developer and/or subsequent owners of the subject property,
is on file in the office of the Clerk of the City of Fort Collins.
The subject property is more particularly described as follows:
A parcel of land being the first replat of the Shoreline
P.U.D. located in the Southeast Quarter of Section 36,
Township 7 North, Range 69 West of the Sixth P.M., City of
Fort Collins, County of Larimer, State of Colorado.
1 rp`
�111 Y l
City Clerk Secretary, Planning and Zoning Board,
City of Fort Collins
Dated:
CITY OF FORT COLLINS
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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 Df 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 re-examination. 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 facilities
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 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
inspected by the Engineering Department 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 supersede the
standard specifications.
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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 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
Develloper 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.
The Developer shall pay storm drainage basin fees in accordance with
Chapter 26, Article VII of the City Code. Storm drainage improvements
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 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
Record Utility Drawing Transparencies on
Mylars upon completion of any phase of th
2. Special Conditions.
A. Water lines.
Not .Applicable.
B. Sewer lines.
Not Applicable.
-3-
e
Engineering with certified
Black Image Diazo Reverse
construction.
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 two 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.
(ii) The Developer agrees to provide and maintain erosion control
improvements as shown on the approved utility plans to stabilize
all over -lot grading in and adjacent to this development. The
erosion control improvements must be completed by the Devel-
oper prior to the issuance of any building permit.
D. Streets.
(i) The Developer shall complete all on -site and off -site public
street improvements in accordance with the approved utility
plans prior to the issuance of the first certificate of occupancy.
(i i) It is agreed that no street oversizing reimbursement is due the
Developer for this development.
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 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 Devel-
oper's operation, shall remove such rubbish no less than weekly and, at
the completion of the work, shall remove all such waste materials,
rubbiish, 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.
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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 certi-
ficates of occupancy as it deems necessary to ensure performance
hereof.
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 contingent
upon funds for that purpose being appropriated, budgeted and other-
wise made available.
I. 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 assignment of any portion of
the Developer's real or proprietary interest in the real property herein
after- described, as well as any assignment of the Developer's rights to
develop such property under the terms and conditions of this Agree-
ment:.
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 conditions
of this Agreement occurring after the date of any such transfer of
interest. In such event, the succeeding property owner shall be bound
by the terms of this Agreement.
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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 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.
rel
A ST:
City Clerk
APPROVED AS TO FORM:
Dir ctor of Engineering
ity 4Attorney
ATTEST:
Fred AhlertI Secretary
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
B y:
City Manager
DEVELOPER:
FAIRFIVD COMPANIES, INC.
a Colqr do Corporation/
X6nneth M. Sy zink, Pres
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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.
Not Applicable.
4. Storm drainage improvements to be installed out of sequence.
Not applicable.
-8-
�r Creekside Estates, P.U.D.
Not Applicable
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