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HomeMy WebLinkAboutLANDINGS FIFTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-10DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 23 day of Sef_ A.D. 19E3 by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and LANDINGS, LTD., and OSPREY, INC., a Colorado Corporation, 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: The Landings Fifth Filing, a P.U.D. situate in Section 36, 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 EXHIBIT "B" The Development Agreement for The Landings Fifth Filing 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 1. Storm sewer, manholes, end sections, etc. Sub -Total 2. Channel excavation, detention pond excavation and riprap Sub -Total ITY UNIT COST TOTAL COST $ $ Ea. Ea. $ Ea. Ea. $ C.Y. $ /C.Y. $ C.Y. $ /C.Y. $ C.Y. $ /C.Y. $ EXHIBIT B - Page 2 ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 3. Right-of-way & easement acquisition (a) S.F. $ /S.F. $ (b) Ac. $ /Ac. $ Sub -Total $ 4. Professional Design (a) Lump Sum $ 5. Other ( a) $. (b) $ (c) $ Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared by: Title: Address: DEVELOPMENT AGREEMENT rj THIS AGREEMENT, made and entered into this z3 day of 54F47eiviler A.D. 1989 by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and LANDINGS, LTD., and OSPREY, INC., a Colorado Corporation, hereinafter referred to as "the Developer," IdTTAI1:CCCT4. WHEREAS, the Developer is the owner of certain property situate in the County of Lariimer, State of Colorado, and legally described as follows, to -wit: The 'Landings Fifth Filing, a P.U.D. situate in Section 36, 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 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 - merit. 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 supercede 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- opmient 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- structed by ,,e 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. Sanitary sewer (oversizing, payback, etc.). The Developer agrees to pay the City the Warren Lake Trunk Sewer Basin Fee at the rate of $129.49 per unit due upon request for first building permit. B. Storm drainage lines and appurtenances. All storm drainage facilities will be completed by the Devel- oper and approved by the City prior to the release of more than seven (7) building permit and three (3) Certificates of Occupancy. C. Streets. All of Spring Canyon Court will be constructed for this development. Breakwater Drive will be completely constructed from Westshore Way to Spring Canyon Court. Breakwater Drive shall be constructed to and including the base course from Spring Canyon Court to Boardwalk Drive and shall be maintained by the Developer as an all-weather access until such time as said road is completed by the Developer and accepted by the City. 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 -5- C/ 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 i -6- �; 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 -7- ATTEST: City Clerk APPROVED: Direc of Public Works ity Attorney OSPREY, INC., a Cojerl-- o Cor on By Reid L. Rosenthal, President TH DINGS Co or ed Partnership C By Reid L. Rosenthal, General Partner 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. r l -2- LAN GS FIFTH FILING EXHIBIT "A" 1. Schedule of water lines to be installed out of sequence. N/A 2. Schedule of sanitary sewer lines to be installed out of sequence. See Paragraph 2(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(B) B?_7.50 P 1 581 51'r I983 D Al II: 30 11�vf"L,•- NOTICE STATE Or Please take notice that on October 24, 1983, the Planning and Zoning Board of the City of Fort. Collins, Colorado, approved the Final Plan of the planned unit development known as The Landings PUD, 5th Filing, 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 September 23, 1983 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 on the attached exhibit. Offsite easements required for utilities to serve this planned unit develop- ment are 'rftprded with the Larimer County Clerk and Recorder. i' ... AQ9 ity Se r ary,cPlanninVWZoning Board Ci ry of Fort Collins G;Gti; Dated:Cl'e4/.J I'V3 .-' i7(I ".5'Rp H H Q W y 7 44 N r � O CIA Q to -� ' 'u 3 41 m A CD a ' 41 tp r, Tj7 a to u 9� w 4 w 8 O `D w O ca w ro - W • M VVV ° U 44 o C, `-br w y O N 5 @ I co v yQQg?? � G ro ffpp -- .i ar O a, a 844 _ ro w CC -O •Q rn C7% La to �Q1 %D .7 tN) $4 Q 1. O O is7 „t� O _ Cp m - Jy p �to � �o404 row' w "_- pC-r _ CD- w 6 �.. 44 Dn 41 4J C. rS ,s o44 : Q O _ 8 w '' 41 to O M N N Y N bZZL U "I:)0'14 & 4j SD & 4 4 Q f�[�Qy1j.1 w o +18 cn co cm S m CIA to 0 Y C C _ � w e . o to, a49 in m m� v ow o CDj - c en b U � m e1-4 44 4 C w p y Y w m y ao y 1t�0 " q iD Q N q� W w �y 7 &n U gH44 0t C p 2 m ¢t 40 44 49C>14 e Q f s �a +, ca Lqn 4 p L, N i awi R ,0 0 U; .� 0 o p m m rn .+ a 4A w to _A ��S CD w 6 a a py) o 7 c .w m m m R' O "' m U'l N Pl rn •a5 a . b 44 a P1 Otj CD, p oo v y O O of c to u CD �e ���to 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. i -3- The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plains and/or specifications applicable to such installation. In case of conflict, the utility drawings shall supercede 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- j structeu 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. Sanitary sewer (oversizing, payback, etc.). The Developer agrees to pay the City the Warren Lake Trunk Sewer Basin Fee at the rate of $129.49 per unit due upon request for first building permit. B. Storm drainage lines and appurtenances. All storm drainage facilities will be completed by the Devel- oper and approved by the City prior to the release of more than seven (7) building permit and three (3) Certificates of Occupancy. C. Streets. All of Spring Canyon Court will be constructed for this development. Breakwater Drive will be completely constructed from Westshore Way to Spring Canyon Court. Breakwater Drive shall be constructed to and including the base course from Spring Canyon Court to Boardwalk Drive and shall be maintained by the Developer as an all-weather access until such time as said road is completed by the Developer and accepted by the City. 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 J -5- 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 wager) is likely to be a problem, the surface area of erodable -6- 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 Ci anager -7- ATTEST: City Clerk APPROVED: Director of Public Works City Attorney OSPREY, m nthal, Pres THE LANDIN LTD., a C ad 'Limi-ted artnership By L U Reid L. Rosenthal, General Partner .ANDINGS FIFTH FILING EXHIBIT "A" 1. Schedule of water lines to be installed out of sequence. N/A 2. Schedule of sanitary sewer lines to be installed out of sequence. See Paragraph 2(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(B)