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HomeMy WebLinkAboutTIMBERLINE APARTMENTS PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-04DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this _Z ��day of �r> A.D. 1983, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and EVERITT ENTER- PRISES, INC., a Colorado Corporation, hereinafter referred to as "the Developer," WUMPI UTH 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: Timberline Apartments P.U.D., being a replat of Lot 4 of the New Hampshire Subdivision, being a plat of record on file at the Office of the Clerk and Recorder, Larimer County, Colorado. Said P.U.D. is situate in the Southeast Quarter of Section 30, Township 7 North, Range 68 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 Timberline Apartments P.U.D. COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS Include only those major storm drainage basin improvements required by an adopted basin master plan. ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 1. Storm sewer, manholes, end sections, etc. (a) 36" CL III RCP 450 L.f. 40/L.f. $18,000 (b) L.f. /L.f. $ (c) Flared end sections 8 Ea. 400 Ea. $ 3,200 (d) Ea. Ea. $ Sub -Total 2. Channel excavation, detention pond excavation and riprap (a) Channel excavation (b) 18" rip -rap on 8" base (c) Sub -Total $21,200 3360 C.Y. $ 2.00/C.Y. $ 6,720 42 C.Y. $ 100/C.Y. $ 4,200 C.Y. $ /C.Y. $ $10,920 EXHIBIT B - Page 2 ITEM DESCRIPTION 3. Right-of-way & easement acquisition (a) 1080 LF at 50 ft. wide 4 (a) 5 Sub -Total Professional Design Design and survey layout Other 54,000 S.F. UNIT COST Lump Sum Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared by: 6/ Un _ Title: Address: James H.. Stewart & Assoc. 214 N. Howes 482-9331 TOTAL COST $19,700 $19,700 $ 3,200 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- 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. -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- opment in a manner or quantity different from that which was historically discharged. H. 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. Storm drainage lines and appurtenances. (i) Drainage facilities, as shown on the utility plan, shall be constructed by the Developer and approved by the City Engineer prior to the release of eighteen (18) building permits and nine (9) Certificates of Occupancy. Upon completion (and acceptance by the City) of the storm drainage facilities, the City shall make payment or other adjustments in accordance with 593-11 and 593-12 of the Code of the City of the cost of easement acquisition, -4- engineering design and construction; provided, however, that at the time the City makes such repayment, any basin fees then outstanding for Timberline Apartments PUD and New Hampshire Subdivision shall be considered paid in full, and in like amount, deducted from any repayment which is then due by the City to the Developer. It is further understood and agreed that if the applicable basin account of the Storm Drainage Fund contains insuf- ficient funds to make payment of the total amount due from the City to the Developer, the City shall pay such amount as is available and the City staff shall recommend to the City Council that appropriation be made in the following year's budget to pay the balance plus interest at the rate of ten percent (10%) per annum. The afore- said interest (if approved by the City Council) shall commence, with regard to the cost of acquiring an easement, upon the filing of the approved plat; and with regard to the cost of engineering design and for the costs of construction, said interest shall commence at the time the improvements are completed and accepted by the City. The only costs to be reimbursed by the City are the costs of the easement acquisition, engineering design and actual construction, which costs are estimated on Exhibit B, attached, and the City shall not be respon- sible for the payment of any costs other than those indicated above. (ii) Upon completion of the various storm drainage improve- ments which are the subject of this section, and accep- tance thereof by the City, the Developer shall convey, by deed of dedication, such land as is necessary for the location, maintenance and repair of the said ponds and other related improvements. Notwithstanding the fore- going, the Developer shall continue to be responsible for the maintenance of all plantings located upon the dedicated property and will irrigate, mow, trim or otherwise maintain all green areas within the boundaries of the said dedicated property. Streets. The City agrees to repay the Developer for oversizing Timber- line Road to arterial standards in lieu of local street standards in accordance with the Code of the City of Fort Collins Article 99-6(F). Miscellaneous. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices -5- 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 Hand- book" 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. 10 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 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,�i. City -Manager t— y-Maanager -7- ATTEST: its y Clerk APPROVED: �� irector of Publ' Works ✓ �1'M� �2�1�z� City Attorney �- EVERITT ENTERPRISES in TIMb—TINE APARTMENTS P.U.D. GYWTRTT "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. N/A 3. Schedule of street improvements to be installed out of sequence. Timberline Road shall be constructed prior to or in conjunction with the first phase of construction of this development. 4. Storm drainage improvements to be installed out of sequence. See Paragraph 2(A).