HomeMy WebLinkAboutSUNSTONE VILLAGE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-01DEVELOPMENT AGREEMENT
THIS AGREEMFAIT, made and entered into this day of February,
1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, ("the City,") and Sunstone Village Associates, a Colorado
General Partnership, ("the Developer,"), and T.K.G. INVESTMENTS, a
Colorado Limited Partnership ("Owner").
WITNESSETH:
WHEREAS, the Developer has entered into an agreement with the
Owner to acquire ownership of certain property situate in the County of
Larimer, State of Colorado, and legally described as follows, to -wit:
Sunstone Village P.U.D. First Subdivision, located in the
South 1/2 of the North West Quarter of Section 32, Township
7 North, Range 68 West of the 6th P.M., City of Fort Col-
lins, Larimer County, 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 util-
ity 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
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 agree-
ment, 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.
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 Agree-
ment, 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 otherwise made available.
I. It is understood and agreed that the owner has executed a
contract to convey the property which is the subject of
this agreement to the Developer. Accordingly, the pre-
sent intentions of the owner is to convey the property to
the Developer for subsequent development and not to
develop the property themselves. Accordingly, it is
agreed that the development approval as given by the City
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ship of the property and executes all necessary documents
to close on the property and lawfully commence develop-
ment, and no excavation, construction or other develop-
ment activity shall be commenced by the Developer until
such condition is fully met. It is further agreed that
the Owner shall not commence any development activities
whatsoever upon the property and the Owner derive NO
rights to develop the property out of this agreement or
the City's approval of SUNSTONE VILLAGE P.U.D.; and
incurs no corresponding obligations.
J. This Agreement shall run with the real property herein
above described and shall be binding upon the parties
hereto, their personal representatives, heirs, succes-
sors, grantees and assigns. Assignment of interest
within the meaning of this paragraph shall specifically
include, but not be limited to, assignment of any portion
of the Developer's proprietary interest in the real prop-
erty herein described, as well as any assignment of the
Developer's rights to develop such property under the
terms and conditions of this agreement.
K. In the event the Developer herein after 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.
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L. 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.
M. In the event of 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 attorneys' fees and costs incurred by
reason of default. Nothing herein shall be construed to
prevent or interfere with the City's rights and remedies
specified in Paragraph 3 F of this Agreement.
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ATTEST:
14UL h A� - ".
City Clerk
APPROVED AS TO FORM:
DEVELOPER:
SUNSTONE VILLAGE ASSOCIATES, a
Colorado General Partnership
By D.E. Burns Construction CO., a
Color do CorWwation
By:
b._. urns, rest'dent
For Burns Construction
By ,&uper Group, Inc, a Colorado
Co , 0' Imi ,__ General Partner
By: I h )
GlennStephens i
For Super Group, Inc.
ATTEST
ecretary
THE CITY OF FORT COLLINS, COLORADO
a MAlty
'ipal Cor orati
By_� anager
/tj 4/, 2,,C4y �,
C' y ttorney
OWNER:
T.K.G. INVESTMENTS, a Colorado
Limit Partners .�
By.
mes Tu , General Partner
(corporate seal)
(corporate seal)
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FXHTRTT "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 he installed out of sequence.
Not Applicable.
4. Storm drainage improvements to he installed out of sequence.
Not Applicable.
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February 20, 1987
C vL,i hi+ "Oil
The Development Agreement for Sunstone Village - P.U.D. 1st Subdivision, City of
Fort Collins, Larimer County, Colorado.
ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major drainage basin improvements required by the adopted Fox
Meadows Basin Master Plan.
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST
1. Storm sewer, manholes, end section, etc.
a)
24"
RCP Type III
1740
L.F.
$ 36.00/L.F.
$
62,640.00
b)
36"
RCP Type III
204
L.F.
$ 62.00/L.F.
$
12,648.00
c)
30"
RCP Type II1
75
L.F.
$ 42.50/L.F.
$
3,187.50
d)
36"
Dia. Flared Concrete
End
Section
4
Ea.
$525.00/Ea.
$
2,100.00
e)
30"
Dia. Flared Concrete
End
Section
1
Ea.
$525.00/Ea.
$
525.00
f)
24"
Dia. Flared Concrete
End
Section
I
Ea.
$525.00/Ea.
$
525.00
g)
Connection
to Existing Manhole
Lump Sum
$
500.00
Subtotal
2, 2 • 0
2. Channel excavation, detention pond
excavation and rip rap
a) Channel Excavation and grading 10,720 C.Y. $ 4.00/C.Y. $ 42,880.00
b) Preparation and Seeding 81,850 S.F. $ 0.08/S.F. $ 6,548.00
Subtotal $49,428.00
3. Right -of -Way and Easement Acquisition
40 Root Wide Drainage Channel Along
North Boundary of Sunstone Village -
P.U.D. 2.071 Ac. $13,777.00/Ac. $ 28,532.17
Subtotal $ 28,532.17
4. Professional Design
a)
Basic Design Services
Lump
Sum
$ 8,000.00
b)
Construction Survey
Lump
Sum
$ 2,500.00
c)
Materials Testing
Lump
Sum
$ 750.00
d)
Construction Management
Lump
Sum
$ 2,500.00
Subtotal
$ 13,7-5-0—.-M
PAGE ONE SUBTOTAL: $173,835.67
Other
10% Contingency
Exhibit "B" (Continued)
$ 17,383.57
Total estimated cost of Storm Drainage
Improvements eligible for credit or City repayment $191,219.24
Prepared by: Title:
Address:
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 utili-
ties 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 ade-
quacy 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 con-
struction of improvements, (2) Obtaining a building per-
mit or (3) Any change in the grade, contour or appear-
ance of said property caused by or on behalf of the
Developer with the intent to construct improvements the-
reon.
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 compliance with
the Council -approved standards and 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 a two (2) year time limita-
tion from the date of execution of this agreement. In
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the event that the Developer commences or performs any
construction pursuant hereto after two (2) years from the
date of execution of this agreement, the Developer shall
resubmit the project utility plans to the City Engineer
for reexamination. The City may require the Developer to
comply with approved standards and specifications of the
City on file in the Office of the City Engineer 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 struc-
ture 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 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.
E. Except as otherwise herein specifically agreed, the
Developer agrees to install and pay for all water, sani-
tary 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 the 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 Division
of the City and shall be subjected to such department's
approval. The Developer agrees to correct any deficien-
cies in such installations in order to meet the require-
ments of the plans and/or specifications applicable to
such installation. In case of conflict, the utility
drawings shall supersede the standard specifications.
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 facili-
ties as have been established by the City in its Drainage
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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 quan-
tity different from that which was historically dis-
charged 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 relinquish-
ment 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 also be intended for the benefit of the City and
subsequent purchasers of property in the development.
I. 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 repay-
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ment 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.
J. The Developer shall provide the City Engineer with certi-
fied Record Utility Drawing Transparencies on Black Image
Diazo Reverse Mylars upon completion of any phase of the
construction.
2. Special Conditions.
A. Water lines.
(i) The Developer agrees to reimburse the City, prior to the
issuance of the first building permit, $3659.45 for a
water line along the south property line based a unit cost
of $2.7664 per linear foot. No inflation factor is associ-
ated with this reimbursement.
(ii) The Developer agrees to reimburse the City, prior to issu-
ance of the first building permit, $3,668.25 for a water
line along Timberline Road, based on $2.7664 per linear
foot. No inflation factor is associated with this reim-
bursement.
B. Sewer lines.
(i) The Developer agrees to reimburse the City $5933.17 prior
to the issuance of the first building permit. This reim-
bursement is for a 24" sewer line along the east property
line, and is based on a unit price of $4.2777 per linear
font. No inflation factor is associated with this reim-
bursement.
(ii) The Developer agrees to reimburse the City, prior to the
issuance of the first building permit, $21,406.10 for its
portion of the Warren Lake Sanitary Trunk Sewer. There is
no inflation factor associated with this reimbursement.
C. Storm drainage lines and appurtenances.
(i) The City agrees to accept maintenance of publicly owned
drainage areas after all improvements therein, including
landscaping, have been completed (as shown on the utility
and landscaping plans on file in the City Engineer's
Office) and approved by the City. The Developer shall be
am
responsible for the installation, establishment, and
maintenance of all landscaping in these areas for a mini-
mum of two years from date of final installation, or until
all plant material and ground cover is well established,
whichever is longer.
(ii) Not more then 12 building permits shall be issued until
all onsite storm drainage facilities and landscaping the-
rein has been completed by the Develoner and approved by
the City.
(iii)In the event the Developer requests more than 12 building
permits prior to the completion and (City approval) of all
onsite drainage facilities and landscaping, the Developer
must establish an escrow account with the City to insure
the completion of all such drainage improvements and
landscaping. The escrow amount shall be 125% of the aver-
age of three (City approved) contractor's bids. These
bids shall include not only the cost of completing the
drainage improvements and landscaping, but also thA cost
of landscape maintenance until the City's obligation to
assume maintenance commences as described above.
(iv) The Developer shall provide revegetation and all other
reasonable measures to control erosion as soon as possible
(weather permittino) after disturbing the existing ground
cover. Failure to promptly control soil erosion shall
step the issuance of building permits and certificates of
occupancy until adequate measures are taken.
(v) Notwithstanding the drainage fee credit estimated in the
attached Exhibit B, to the extent permitted by law, and to
the extent that funds are budgeted and appropriated for
this purpose, the City recognizes a potential obligation
to the Developer for providing additional drainage fee
credit for the oversizina of the detention pond located in
the northeast corner of this subdivision. This additional
potential credit shall be equivalent to the reduction in
cost, to the City, if any, realized by eliminating or
reducing in size certain master planned drainage facili-
ties to be funded by the City. "Reduction in cost" means
savings realized in construction, engineering and land
acquisition expenses revenues lost from drainage fees not
collected by the City because of the potential alteration
of the detention reduction factor for future upstream
development caused by the pond oversizing. No land costs
associated with the oversized detention pond, except the
40 foot wide strip that would have otherwise been pur-
chased as a drainage channel, shall be eligible for
credit. In no event shall the credit exceed the cost
directly attributed to oversizing the pond, or the actual
cost savinas to the City, whichever is less. In addition,
no credit for this oversizing shall be due before the
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City's actual expenditure for the reduced or eliminated
drainage improvement would have been necessary as deter-
mined by the City.
D. Streets.
(i) The City agrees to reimburse the Developer for oversizing
Caribou Drive from Local Street Standards to Collector
Street Standards for the full width from Timberline Road
to Fox Meadows Subdivision, in accordance with Section
99-6.F. of the Code of the City.
(ii) When payment is requested by the Developer, the City's
obligation for payment shall be limited to those funds
then budgeted, appropriated, and available by the City for
that development or work then completed.
(iii)It is acknowledged by both parties that Lots 1 through 8
in Block 2 and 1_ots 1 through 9 in Block 1 exceed the 660'
dead end cul-de-sac requirement as stated in Section 1
paragraph C of this agreement. Building permits shall be
issued by the City, provided all residential dwellings on
the said Lots shall have a Poudre Fire Authority approved
residential sprinkler system. Building permits will not be
issued for the said Lots prior to the Poudre Fire Author-
ity approval of the building plans.
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 pub-
lic right-of-way and/or other areas as deemed necessary
by the City Engineer 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 City Engineer.
B. The Developer shall, at all times, keep the public right-
of-way free from accumulation of waste material or rub-
bish caused by the Developer's operation, shall remove
such rubbish no less than weekly and, at the completion
6eD
of the work, shall remove all such waste materials, rub-
bish, tools, construction equipment, machinery, and sur-
plus materials from the public right-of-way. The Devel-
oper further agrees to maintain the finished street sur-
faces 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 satisfac-
tion 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 the Developer's expense and the Developer
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 velo-
city 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 oper-
ations. Temporary or permanent erosion control shall be
incorporated into the subdivision at the earliest practi-
cable time. By way of explanation and without limitation,
M