HomeMy WebLinkAboutUNDERHILL AT FORT COLLINS PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-05DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this IO tk day of lr Qom,
A.D. 1982-, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and UNDERHILL AT FORT
COLLINS, INC., a Colorado corporation, hereinafter referred to as "the
Developer,"
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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:
Underhill at Fort Collins, a planned unit development,
located in the northwest quarter of Section 22, Town-
ship 7 North, Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County,
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
plans or material not included herein, and
WHEREAS, the ditch company is willing to grant to applicant
this right upon the terms and conditions hereinafter expressed;
NOW, THEREFORE, in consideration of the premises and the
terms of the within agreement, it is agreed as fol].ows:
1. The ditch company grants unto applicant the right to
construct, install and maintain the above described auto bridge,
sanitary sewer line and water line across and under the existing
ditch of ditch company, and further grants unto the applicant
the right for ingress and egress to a part of its ditch as shall.
be reasonable and necessary for the exercise of the rights
granted herein.
2. Applicant will, upon the completion of the project,
furnish the ditch company an "as built" exhibit further
supplementing in final form the work done.
3. Applicant has paid to ditch company an application
fee in the amount of One Thousand Fifty and No/100 ($1050.00)
Dollars for the grant of this right-of-way. This shall be
determined a minimum initial payment to cover preliminary expenses,
such as legal work, time and car use of superintendent and/or
Directors; review of the application; and other preliminary
matters, and does not include the costs of any Director meetings
required to consider this matter. In addition thereto applicant
agrees to pay such additional, reasonable and necessary
expenses of the ditch company for legal services, Board meetings,
i.nspectinn of the works by the ditch company's President,
engineers and/or superintendent when billed.
4. The construction herein contemplated shall be in strict
accordance with the final set of plans set forth in Exhibit "A"
Any excavations or changes in the present ditch, shall be
backfilled, compacted and stabilized to the entire satisfaction
of the ditch company. All compaction for dikes shall be done
to ninety-five (95%) percent standard Proctor density. The
dikes shall he in conformance with the plans for construction
of the several lines. Said work shall be done under the
supervision of the superintendent or other designated agents
of the ditch company.
5. All construction shall be commenced and completed prior
to April 15, 1982, and applicant agrees that said construction
shall in no way interefer or impede the flow of water..
6. The applicant and the City agree to maintain the ditch
so long as said ditch shall exist underneath the bridge.
7. Upon the completion of the project, the applicant
shall promptly notify the ditch company and all parties shall
jointly inspect the ditch at the place of the several constructions.
If there are anv deficiencies in the work of the applicant or
any variations from the plans set forth in Exhibit "A", the
applicant shall forwith remedy the same and in so doing the
applicant shall meet all reasonable requirements of the ditch
company and the City for the protection of the ditch and surrounding
property.
8. It is the intent of this Agreement that applicant shall
exercise care in the construction of said bridge and crossings,
and accordingly it is thereby recognized by and between the parties
hereto that the ditch company is .in no way responsible for any
damages caused by such construction or the structure now or
thereafter, and this convenant shall be binding upon applicant
and the City.
9. The project shall be without cost to the ditch company
and the applicant shall hereby indemnify and forever hold the
ditch company harmless from liability for damages caused by
the project.
The parties hereto agree that the ditch company right-of-way
referred to above exists "by right of prescription" and is the
dominant estate fcr the bed of the ditch and so much of the land
upon each side as shall be necessary for the proper maintenance
of the ditch, except as may be previously modified by usage or
or recorded agreement; and since this right -of. -way by
prescription is not clearly defined because the land has previously
not been developed, the parties desire to define this right-of-way
by instrument of record. Applicant, or the land owner whom applicant
represents, agrees to furnish ditch company a survey of the
existing right-of-way or as same shall have been mutually agreed to,
and applicant, or landowner whom applicant represents, agrees to
execute his or its quit claim deed to such right-of-way in favor
of the ditch company but subject to all of the rights over and
across said ditch right-of-way herein or heretofore granted to
applicant or others.
10. Applicant shall make provisions for accessable right-
of-way and access around south end by temporary turn around as
shown on Sheet 3
11. The ditch company shall have full power to operate,
maintain, alter, enlarge or relocate its ditch as if this
agreement had not been made and any expenses caused thereby
to the applicant shall not be chargeable to the ditch company.
12. In the event either the applicant or the ditch company
shall be in default in any of their covenants, herein so as to
require the party not in default to retain counsel to attempt
to enforce the covenants by negotiations or otherwise, or to
commence legal or equitable action against the defaulting party,
the defaulting party agrees to pay all reasonable expenses of
said litigation incurred by the enforcing party, including but
not limited to, docket fees, depositions and reasonable attorney
fees.
13. Applicant agrees to record this Agreement or an executed
copy thereof with attachments at its own expense with The Clerk
and Recorder of Larimer County, Colorado and furnish evidence of
such recording to the ditch company.
THIS AGREEMENT shall extend to and be binding upon the
heirs, successors and assigns of the respective parties hereto.
IN WITNESS whereof, the parties hereto have caused this
agreement to he executed the day and year first hereinabove
written.
ROBERT T. SMI'I'H
11
Approved and accepted :--
MONROE INDUSTRIAL BANK CATHERINE S. SMITH
r e�t
i
(SEAL)
ATTEST:
Title.
(SEAL)
ATTEST:
Assistant Secretary
STATE OF COLORADO )
ss.
County of. Larimer )
THE CITY OF FORT COLLINS, COLORADO,
a muni ipal corporation,
i
By;(
cC
Ti e C'fy Mara9er
r� �5 L)
THE Nr' MERCER DITCH COMPANY,
a olora p mutual rri do corporation,
B
Pr ident.
Acknowledged before me this 31-4-t day of. March, 1982,
by ROBERT T. SMITH and CATHERINE S. SMITH,
Witness my hand and official seal.
My Commission Expires: f/'� -/ _92,
(SEAL)
N to y Public --_—
Address //0 C,6�&A &Z. _
STATE OF COLORADO
) ss
County of Larimer )
Acknowledged before me this a 0f8 day of mFVrehi, 1982, by
SoAn L /�rno l d as Ci { �/iLir-7 cwr and attested to by
%(.)0.no)A �✓�. 1cek as i 1_, of THE CITY OF
FORT COLLINS, OLORADO, a riunicipa corporation.
Witness my hand and official seal.
My Commission Expires: My 14, 1984
(SEAL)
No r- try Public
Address a� c t c,� V•_ ti<-ate
STATE OF CO:LORADO )
ss.
County of Larimer )
Acknowledged before m this3l� day of March, 1982 by
as and attested to by
rngy�Qp, G as of THE. NEW
MERCER DITCH COMPANY, a Colorado mutual it igation corporation.
Witness my hand and official seal.
My Commission expires: /7-SIL
(SEAL)Nffoal No a_y Pu ic
Address 1/0
STATE OF CO:LORADO )
ss.
County of Larimer )
Acknowledged before me this S(6-- day of March, 1982, by
as 5,,�_�, r— and attested to by
as _ of THE MONROE
INDUSTR AL BKNK.
Witness my hand and official seal.
My Commission Expires:�jT�t �� T
(SEAL) )" 7I/
Notary Pu lic
Address _E/
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.
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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. Water lines (oversizing, payback, etc.).
The City shall repay the Developer for the material cost of
oversizing of the water main in Underhill Drive from an B"
main to a 12" main.
B. Sanitary sewer (oversizing, payback, etc.).
Not Applicable.
C. Storm drainage lines and appurtenances (detention pond con-
struction, off -site mains, etc.).
The Developer shall complete all drainage facilities before
issuance of building permits amounting to 27 units building
-4-
permits or certificates of occupancy for 14 units. The City
shall not be responsible for maintenance of drainage facili-
ties not within right-of-way.
D. Streets (oversizing, traffic lights, signs, etc.).
The Developer agrees to participate in an improvement district
for Prospect Road. If no improvement district is formed, the
Developer shall submit street plans for approval and construct
Prospect Road no later than August 30, 1985.
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
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 or 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
-5-
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 ceasinq
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
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.
ATTEST:
City Clerk
APPROVED: y
(� A/
ire or of rPubl'c Wor
117
City Attorney
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
t
By:
City Manager
UNDERHILL AT FORT COLLINS, INC.,
a Colorado corporation
Catherine S. Smith, President
-7-
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.
See Paragraph 2 D.
4. Storm drainage improvements to be installed out of sequence.
Not applicable.
A G ft E E M I: N T.
THIS AGREEMENT is made and entered into this 315fday of
March, 1982, by and between
ROBERT T. SMITH and CATHERINE S. SMITH,
hereinafter designated as "applicants", and
THE CITY OF PORT COLLINS, COLORADO,
a municipal corporation,
hereinafter designated as "City", and
THE NEW MERCER DITCH COMPANY,
a Colorado mutual irrigation corporation,
hereinafter designated as "ditch company"
PROJECT
The development of a Planned Unit Development comprised of
Phases I, near or on Westbrook Drive, entitled "The Underhill
P. U. D.". The details of the project will consist of a
forty (40) foot auto bridge over and across the New Mercer Ditch;
an eight (8) inch sanitary sewer line under the ditch, and a
twelve (12) inch water line under the ditch.
WITNESSETI3 :
WHEREAS, the ditch company is the owner of an irrigation
ditch and t'ne right-of-wsy therefor through land being developed
as "The Underhill P.U.D." south of Prospect Street and west of.
shields Street, in the City of Fort Collins, County of I,ar.imer,
and State of Colorado; and
WHEREAS, applicant desires to construct and install a forty
(40) foot auto bridge, an eight (8) inch sanitary sewer line,
and a twelve (12) inch water line over and under ditch company's
ditch at the location above described and further detailed in
the Exhibits attached hereto and made a part hereof by reference;
and
WHEREAS, attached hereto is Exhibit "A" dated 3-31-82
sheets 3,5,6, and 6a
(consisting of/ xzkorocksc) prepared by Engineering
Professionals Inc., dated 3-31-82 — detailing
plans of such construction and
WHEREAS, Exhibit "A" sets forth all. of the plans and
specifications for the work, and the terms of this grant shall
in no way be modified or chanced by any subsequent or. related