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HomeMy WebLinkAboutSILVERPLUME ESTATES THIRD - Filed DA-DEVELOPMENT AGREEMENT - 2004-02-13DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 21-64 day of �up4 199 0 . by and between THE CITY OF FORT COLLINS. COLORADO, a Municipal Corporation, hereinafter referred to as "the City O Sc B Partnership, a Colorado Limited Partnership. hereinafter referred to as "thc Developer'; and COLRAD DEVELOPMENT CORPORATION, a Colorado corporation, hereinafter of erred to as "the Owner'. "ITNESSETH WHEREAS, the Developer has entered into an agreement with the Owner to acquire ownership of certain property, situated in the County )C Larimer, State of Colorado, and legally described as f oilows, to wit: SILVERPLUME ESTAFES, THIRD FILING. Planned Unit Development, a Iract of Laud Located in the Aorth 1 2 of Section '_'. Township - \orth. Range 69 "est of the Ali P.M.. Larimer Couutc. Cnlorado being a Replat of a Portion of Tracts \. B ❑nd C of Silverplunte P.U.D. of the ('it} of Fort Collins. Colorado. VAHERFAS. the Weloper desires to develop said property and has uhntirtcd to the City a subdh ision plat and, or a site plan and landscape plan, t .opy of which is on file in the Office of the Director of Engineering and nr_tdc a part hereof h% reference: and v\HEREAS. the Developer P.as further subramcd to the CA% a utility Than 'or said lands, a cope oC which is on file in the office of [he Director of Engineering and made a Dart hereof L•v reference: and WHEREAS. the parties hereto have agreed that the dcvclopment of said ands will require morcased municipal sere ices from the Citc in order to serve uch area and will further require the installation oo :crtnin improvements ;m imarilv 4 penes it ro the lands m be dcccloped and not to the City of Fort :!ins as a � hole: and WHEREAS. the Cite has ::pprovcd the subdivision plat and er me plan la ;ands.:npc plan submitted 1--, the Devcloper subject to certain n:quirements utd _onduions which involve the installation of and construction nt utilities .nu thcr municipal improccmcr.ts in connection with said lands. yOva, I HEREFORE. in ,cnsidcration of the promises nC :he parties _. and otocr rood and valu .onsidcration the r"sipt „nd icquacv of iti,'n is heretic ncknovcicdgcd. It is agreed as follows: I_ General Ciondition,. \. the terms of this .Agreement shall govern ail amelopment actmikes .-C the Developer permininq tw tine ;up on Inopertp ._ _rii,-,j I,I , Ir _ ,u �. . —�"ni crit. ,Icvclopmcnt ani.:tics >.hall include. Put not 1': to. the following: II The actual construction of improvements, i_) Obtaining a building permit therefore. �,i —,) An}- -,hange in _ride. woramur or appearance of said property .aused '._ -" on 0 _ave',c--.ent Agreecent for Silverplume Estates, Third Filing P.O.D. Not Applicable r7 - 077WE - cni'. _..ese 731cr -_or^i drat.--_ _--i❑ ........ __ - an -2c __z -awer. 7anr :eS, -.._---_.-.. , (tl behalf of the Developer with the intent to construct improvements thereon. 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 I till compliance with the Council -approved standards and specifi- cations of the Croy 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 of execution of this agreement. In the event that the Devcloper commences or performs any con- struction pursuant hereto after three 13) years from the date of execution of this agreement. the Developer shall resubmit the project utility plans to the Director of Engineering for rcexami- nation. The Cite :nay require the Developer to comply with approved standards and specifications of the Citv on file in the Office of' the Director of Engineering at the time of submittal. \o funding permit I'�r the -:,instruction of anv structure within the dc%elopmcnt shad lc i_sued b\ the Cite until the %eater lines, Dire hsGrants. ;nnicnr,, ;;wer and streets ("oidr :it beast the case course compicted) :_,rcing sucii structure have been completed and accepted by the Cit.. No building permits shall be issued for anv structure located in excess of six hundred sixtc Feet t660') from u single point of a- ss. D. Anv water lines. sanitary sewer lines, storm drainage lines, and'or streets described to Exitibit "a," attached hereto. shall be installed within the nine and'or sequence required on Exhibit V' If the Director nh Engineering has determined that anv %kater lines. sanitary sewer lines. storm sewer facilities and.,or ,trccts arc required to pro%idc service or access to other areas of the City, those facilities shall be shown on the utility plans and shall be installed b,, the Devcloper within the time as established under "Special Conditions" in this document. Exccpt as othcr�vise herein specifically agreed. the Developer agrees to install and pac for all water, sanitary sewer _,nd storm sewer facilities and appurtenances, and all streets, curling, gutter. sidewalks, bikewn%s and other public improvements required by this development ,u shown oa toe plat. utility nnCi '._tndsapc plans, and other npproecd documents pertaining to this dc,clop- mcnt on f i I c with the Cin. P_ Street improNements (except curbing, ,utter and ��alksi shall not he installed until a:l utility lines to he placed therein hn%c iecn coniplctcl% installed. including all individual lot scr,ricc 1:ncs Icading in and from the main to the property line. hhc installation I nil itiI ti,s shown nn the utility drawings ;hall be subjcc[ 1 uch _iepartill c11 s apprncal. l-hc I ccci-,per agrees to correct fill% deficiencies in such installations in order to mccr the rcquiremcnts of the plans and%or spccifications tpplicablc to such installation. In case of .ontlist, t!tc utiiin dIn�%ings shall ;upersedc the standard specifications. li. All storm drainage facilities shall be so designed and constructed by ,he 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 Mastcr Plans and Design Criteria. The Developer does hereby indemnify and hold harmless the Citv from anv and all claims that might arise, direct)} 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 Cite in maintenance of such facilities as have been accepted by the City for maintenanceerrors. if any, in the general concept of the Cit}''s master plans but not to include any details )t -aeh plans. %chich details sh,:li I,c the responsibility of the Dc-.cloperL and (,i srcciFic ns mar be giacn to [hc Dc".wrcr t,% ti-.c t-it,. ,\prro%::l tnd a,eeutanec h% the Cite i _ _form drainagc Facility design ur construction shall in no manner he deemed to :onstirutc a %yaivcr or relinquishment by the City of the aforesaid indemnification. The Developer shall .:ngaz -e a licensed professional engineer to design the storm drainage facilities as aforesaid and it is expressly affirmed herebp that such engagement shall be intended for the benefit of the City, and subsequent purchasers of property in the devclopment. I he DcNcloper shall pay storm drainagc basin ices in accordance �yith Chapter 26, Article Vil of the Cite Code. Storm di ainagc impro,.ements eligible For credit :;r Cit, repayment under the provisions of Chapter _'6 arc .:cscriLied together yitIt the estimated cost of the intprovcments un the attached Exhibit "B." �cIi,:n improvements. it appiicaulc. -,hail include right-of-way. ,Icst>n and construction costs. Soe Section '.C, Special Cunditions. Storm Drainage Lincs and ppurtcitaitces. or pccific instructions. The Developer shall provide the Director of Engineering kith crtri icd Record Utility Drawing Transparencies on Black Image Diazo Reverse Al%lars upon completion of any phase of the o _,ruction. ti��cci:rl Conditions. vlater lines. dot Applicable. ii. S %%� r lines. \ot -Applicable. C. Storm drainage lines and appurtenances. (i) For lots 1-19 the Developer and the City agree that all on -site and off -site storm drainage improvements required for the development of said lots shall be completed by the Developer prior to the issuance of more than five building permits. Completion of improvements shall include the certification by a licensed professional engineer that the drainage facilities which serve this development, have been constructed in conformance with the approved plans. (ii) For lots 20-33 the Developer and the Cite agree that all on -site and off -site storm drainage improvements required for the development of said lots shall be completed by the Developer prior to the issuance of more than three building permits. Completion of improvements shall include the certification by a licensed professional engineer that the drainage laeilities which scr.c this dcvciopmcnt. have been constructed in conformance %pith the sppra%ed plans. liii Tlr_ Do%.cioper cerccs to provide anc inata[ain erosion control mproromcnts as shown on the appro,,cd utility pians to tat, iIize all over -lot grading in and adjacent to this ccvclopment. The erosion control improvements must be =omplcted prior to the issuance ut aay 'Pudding permits. livi The Developer and the Cite agree that the storm drainage s.,stcnt for this development conmins smc special features that make it important to construct the facilities according to the plans and to ensure that the facilities are maintained and ttcpt operational throughout file ttuiIdouI of this dc� clopment. For this reason, the cllowing additional rcqu ircments shall apply to the construction of any improvements on lots 13 and la. drainage improvement >.stcm tcquircd to 1-c constructed ,n lots i3 and 14 shall be completed in accordance %\-ith the approved utility plans and said cemnlalcn shall t c certified is being in accordance erith laid ;_inns b\ a licensed professional engineer. Said certification shall be received by ne Cite prior to the issuance of a building permit for any f the above lots. .a, recertification Ire such engineer that :he drainage s-astems' function and adequacy to serve its ;rurpnsc has not 1-ecn impnircd _ tl;c construction and Landscaping on said lot shall be rccciNed b} [fie City prior to the issuance of a certificate of occuoancy for each of the ❑bo%c lots. In addition. homes :cnstructcd on tite above is shall he constructed at, or aboNc, titc spccilicd minimum c.arions shown on the approved Mill!, plans. To ensure -ompliance kith said cicyation rcauircmcn[, a certification .ar�c�r,r must Lc submitted to the =it•r iioi to the isuancc ,f a certificate of occupancy for nnc such home. -4- D. Streets. (i) The Developer and the City agree that no street oversizing reimbursement is due the Developer for the development. (ii) Prior to beginning construction in Silverplume Drive the Developer shall deposit with the City a guarantee in the form of a certificate of deposit, cash, performance bond, letter of credit or other Citv approved security to guarantee the completion of all public improvements to he constructed in the street in accordance with the approved utility plans on file in the office of the Director of Engineering. The amount deposited shall be equal to 150116 of the estimated cost to reconstruct the pavement to current Cite standard thicknesses for the full width of Silverplume Drive along the full frontage of this development. The estimate shall be prepared b} tnc Developer and submitted to the Director of Engineering for review and approval The Developer shall not I-.c allowed to pace the final lacer of asphalt pavement on SiI%croluine Drive until all ;tnti2i,,atcd utility improccmcn;s ',•Ia%c Lccn completed in�luding unlit) improvements '.n the future planned Third Filing). (iii) Prior to beginning construction in Sikerplume Drivc the Developer shall submit a proposed traffi; detour and street closing plan to the City Traffic Engineer for review and approval. (iv) The Developer shall be required to take construction access to the dcrclopment site from Swallow Road. No construction ,:-liveries shall be made on SiIycrplume Drive from Dunbar Avcnue. E. Hazards and Emercenc\ Access. ii No combustible material will be allowed n the rite until a permanent rater s%stem is installed he the Dcteioper and approved by fire Citv. The Developer shall provide an acccsswav to any building under construction. adequate to handle any emergency cchicles or equipment. and to p r o p c r I % maintain such acccsswae nt all times. Such access«aN shall be at a minimum,.aide with 9" aggregate (•asc _�ursz material compacted according to Cite Standards and «ith un SO' radius turnaround at the building cnd of paid acccssway. (iii) The issuance etanv footing and foundation lxrmit by the Cm is made solely at the Developer's own risk and the Developer shall hold the City harmless fmm mi, and all .. 1c issuance of ,aid permit prior to the .omplction of the requirements as set forth in Section '9-( ,S ui the Code of the Cite. - s- 3. Misee Ilancous. 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 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. R. The Developer shall, at all times, keep the public right-of-wav free from accumulation of waste material or rubbish caused by the De%eloper's operation, shall remove such rubbish no less than wcckly mid, at the completion of the work, shall rcmo%c all such waste materials. rubbish, tools. Construction cquipmcn[, ;nachinerv, and surplus materials f rom the public righ[-of-way. The Devcloper lurther agrees to maintain the finished street surfaces free rom dirt caused be the Deaeloper's operation. Anv excessive .ecuntulation 1 irt ..nd or c,rnstrumon materials shall he considered suifieicnt cause Ior the (its. io ithhold building permits and;or :crtiCicntcs of rccupancy until the problem is corrected to the satisfaction of the Director of Engineering. II the Developer fails to adequately clean such streets within two (2) da}s after receipt of written notice, the Citv may have the streets cleaned at the Developer's expense and the Devcloper shall be responsible for prompt payment of all such costs. C. The Dcvcloper hcrcbv 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. Mien the inspector cictcrmincs that erosion izithcr by %ind or water) is likcly to be a problem, the surface area of erodible earth material exposed at ❑ny one time shall ;tot exceed 200.000 square fcct for earthworks operations. Temporary �)r permanent erosion control _hall be incorporated into the subdi%ision at the earliest practicable time. Re wav rf explanation and without limitation, said ,ontrol mac _onsist I _.eding of _11)111 c i iasscs. temporary dikes. gabions, and or other devices. L. The Dcvcloper shall, pursuant to the terms of this agree- ment .ompietc all inhpro%cments and perform all -tiler obligations required herein, as such improvements or obliga- tions may he shown on the original plat and rciated 'acu- Mcnt . r_ •P12t _. rat', __7 _ and the l iI, mac %ithh01d such building permits and 2cr11- ficates of occupancy as it deems nccessary to ensure perfor- mancc 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 Cite of Fort Collins payable after the current fiscal ,gear rind or not appropriated or budgeted are contingent upon funds for that purpose being appropriated. budgeted and otherwise made available. This Agreement shall run with the real property herein above described and shall be binding upon the parties hereto, their personal rcpresonta5 ves, heirs, successors, grantees ❑rid assigns. Assign merit oC interest within the meaning of this paragraph shall specifically include, but not c limited to. a cum c%since rr assignment of tiny portion of 'no W cloper's real n nourvinn micros[ in the real :property h,crein After -:escriccd. as Awl as ant. assignment A the DeNcloper's rights to .icvciop such propene under the terms and conditions of this ,Agreement. In the event the Developer transfers title to such real propertyand is thereby divested of all equitable and legal interest in said property. the City hereby agrees to release mid Dcycloper from lia'bdir under this ygrccmcnt ;air respect to ❑ny breach of the terms and conditions of this \grcemcnt occurring after the date or any such transrcr of interest. In such event. tat. succeeding property owner shall be bound by On terms of Nis -Agrccmcnt. K. Each and cycry term and wondition of this Agreement =hall he deemed to be a material clement thereof. In the mcnt rither parn shall fail or refu_. P—"crform according t,., M, terms of this agreement, _awn party may be declarcA in �Icfault. In the event a part, has been declared in default hereof, such defaulting part =mall be allowed ❑ period of five (5) days within which to cure said default. In the nent the default remains un.orrc tcd. the party declaring default Anav elect to: (a) terminate the agreement and = ck damages: In treat the -Agreement as continuing and rcgaim panific Inn-formancc w. _ _,.ail i,sclf f eMN _,cr rcmedv at Law or cquify, In the cyent the default of env A the provisions hereof by either party which shall require the party not in default to commence Icgal or equitable imion against said defaulting ;arty, the defaulting pariv <hall Pit liable to -hc I_l'.tllltln:' 171 t' o I I I I'll, 11i _ -I'_ Me non -defaulting pare ;,on -defaulting I... reasonable attornev's fees and wosm incurred L,_ reason 4 the default. ,Nothing herein ;hall Le construed to prnent )r interfere with the City's rents and remedies spr.:ified in Paragraph _ E of this -Agrccmcnt. \TT T: City Clerk \PPROVED -\S 1-0 FORM: Diic.tor of Em,incc-ic2 its \ttornc%' L i it1c:A5st C"t'reh'," THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation 1 By:iu/w Citv Manager �= LIIIIZ DEVELOPER: O & B Partnership a Color Limrship B v: LawrenecLiz, neral Partner l3v .% L z 4 l Cliarlcs \I. Bctr.:-. t;cncr;.l P::rtncr OWNER- COLRAD DEVELOPMENT CORPORATION. a Colorado Corporation B v: Title: ICorporarc Scala -8- EXHIBIT "A" I. Schedule of water lines to be installed out of sequence. Not Applicable. Schedule of sanitary sewer lines to be installed out of sequence. Not applicable. Schcdulc I C sheet ImproSenlents to be installed out of scqucncc. \ot ,A��pli,al`Ic. Storm drainaLc impro%cmcn[s to Cc installed out of sequence. y'ot applicable.