HomeMy WebLinkAboutWEBERG PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-12DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this o4il day of 41I/n ly r
1989, by and between THE CITY OF FORT COLLINS, COLORADO, a Munici-
pal Corporation, hereinafter referred to as "The City", JOHN P. WEBERG, an
individual, hereinafter referred to as "The Developer" and FRED R. MCCLA-
NAHAN AND, DOROTHY L. MCCLANAHAN, individuals collectively hereinaf-
ter referred to as "Owner".
WITNESSETH
WHEREAS, the Developer has entered into an agreement with the Owner
to acquire ownership of certain property situated in the County of Larimer,
State of Colorado, and legally described as follows, to -wit:
WEBERG,
P.U.D., being a
Portion of the
Northeast Quarter
of Section
2, Township 6
North, Range 69
West, of the 6th
P.M., City
of Fort Collins,
Larimer County,
Colorado.
WHEREAS, the Developer desires to develop said property and has sub-
mitted to the City a subdivision plat and/or a site plan and landscape plan, a
copy of which is on file in the Office of the Director of Engineering 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 Director of
Engineering 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
and landscape plan submitted by the Developer subject to certain requirements
and conditions whach involve the installation of and construction of utilities
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 adequacy of which
is hereby acknowledged, it is agreed as follows:
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 construction of
improvements, (2) Obtaining a building permit therefor, or (3) Any
change in grade, contour or appearance of said property caused by or
on behalf of the Developer with the intent to construct improvements
thereon.
EXHIBIT "B"
The Development Agreement for WEBERG,, P.U.D.
Not Applicable
COST ESTIF`ATE FOR MAJOR DRAI'I,,CE It;?-OYEf;EJJTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
DESCR:?TI0t1 OUAIITI 1' U';IT C" ST TAT..
!• StcrM SEWer, Manholes, end sections, etc.
( a)
(b)
(c)
'(d)
Sub -Total
2. Channel excavation, detention pond
excavation and riprap
(a)
(b)
(c)
Sub -Total
L.f.
Ea.
Ea. S
Ea.
Ea. S
S
C.Y.
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S
C.Y.
S /C.Y.
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C.Y.
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EXHIBIT "B"
The Development Agreement for WEBERQ P.U.D.
Not Applicable
COST =STINATE FOR MWOR 000I1l=.SE PP=O"EMI'S
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
DESCRI?TIM
I. StDrn sewer, manholes, end sections, etc.
(a)
(b)
(c)
_(d)
Sub —Total
2. Channel excavation, detention pond
excavation and riprao
(a)
(b)
(c)
Sub -Total
OU ':TI T U':IT C^ST TnT'.i
L . f .
/L.f. S
L.f.
A. f. S
Ea.
Ea_ S
Ea.
Ea. S
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C.Y:
S MY.
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C.Y.
S /C.Y.
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C.Y.
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S
EXHIBIT D - One 2
T DESCRIPTION
3. Bicht-of-.,ay easement acauisition
(a)
W
Sub -Total
Professional Design
Other
NNTI TY UNIT . CST 071n 7ST
S.F.
S
/S.F. S
S
Lump Sum $
Total estimated cost of Storm Drainage improvements eligible for
credit or City rep=.yc:ent
• S
Prepared by:
Address:
Ti tl e:
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 com-
pliance with the Council -approved standards and specifications of the
City 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 Developer
commences or performs any construction pursuant hereto after three (3)
years from the date of execution of this agreement, the Developer
shall resubmit the project utility plans to the Director of Engineering
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 Director of Engineering at the time of resubmittal.
C. Except for the footing and foundation permit (Sec: 2E.3.), 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.
Notwithstanding the forgoing, the Developer may receive a building
permit for the construction of improvements within the development
upon the installation of permanent or adequate temporary water lines,
fire hydrants, and street access to provide fire protection and other
emergency services to the site. All such permanent or temporary water
lines, hydrants and street access shall be approved by the Poudre Fire
Authority prior to issuance of any building permit. No building
permits shall be issued for any structure 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
Director of Engineering 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, sanitary 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 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.
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G. The installation of all utilities shown on the utility drawings shall be
inspected by the Engineering Department of the City and shall be
subjected to such department's approval. 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 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 facilities as have been
established by the City in its Drainage 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 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 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
detai➢s 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
relinquishment by the City of the aforesaid indemnification. The
Developer shall engage a licensed professional engineer to design the
storms drainage facilities as aforesaid and it is expressly affirmed
hereby that such engagement shall be intended for the benefit of the
City, and subsequent purchasers of property in the development.
The Developer shall pay storm drainage basin fees in accordance with
Chapter 26, Article VII of the City Code. Storm drainage improvements
eligible for credit or City repayment under the provisions of Chapter
26 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. See Section 2.C, Special Conditions,
Storm Drainage Lines and Appurtenances, for specific instructions.
J. The Developer shall provide the Director of Engineering with certified
Record Utility Drawing Transparencies on Black Image Diazo Reverse
Mylars upon completion of any phase of the construction.
2. Soecial Conditions.
A. Water lines.
Not Applicable.
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B. Sewer lines.
Not Applicable.
C. Storm drainage lines and appurtenances.
(i) The Developer and the City agree that all on -site and off -site
storm drainage improvements shall be completed by the Devel-
oper prior to the issuance of the first certificate of occupancy.
Completion of improvements shall include the certification by a
licensed professional engineer that the drainage facilities,
including rooftop detention facilities, which service this
development have been constructed in conformance with the
approved plans.
(ii) The Developer agrees to provide and maintain erosion control
improvements as shown on the approved utility plans to stabilize
all over -lot grading in and adjacent to this development. The
erosion control improvements must be completed by the Devel-
oper prior to the issuance of any building permit.
(iii) It is agreed that maintenance of the water quality berm shown
on the approved utility plans shall be the responsibility of the
Developer. Maintenance shall be performed as outlined on sheet
3 of 9 of the approved utility plans.
D. Streets.
(i) The Developer shall complete all on -site and off -site street
improvements in accordance with the approved utility plans
prior to the issuance of the first certificate of occupancy.
(ii) Prior to beginning construction of improvements to College
Avenue, the Developer shall deposit with the City a cash guar-
antee in the form of a certificate of deposit, cash, performance
bond, letter of credit or other City approved means to guarantee
the completion of all public improvements to be constructed in
the street rights of way in accordance with the approved utility
plans on file in the office of the Director of Engineering. the
amount deposited shall be equal to 100% of the estimated cost
of the improvements. The estimate shall be prepared by the
Developer and submitted to the Director of Engineering for
review and approval.
(iii) A State Highway Access Permit must be secured by the Devel-
oper prior to beginning construction of the Fairway Lane street
access to College Avenue. The street access and related
improvements shall be completed prior to the issuance of the
first certificate of occupancy for this development.
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(iv) Subject to the conditions of this agreement, the City agrees to
reimburse the Developer for over sizing public street improve-
ments along College Avenue for those portions of the said
streets abutting the property as shown on the approved utility
plans. Reimbursement for College Avenue shall be for oversiz-
ing the sidewalk from the 4' wide residential standard to the 7'
wide major arterial standard. The City shall make reimburse-
ment to the Developer for the aforesaid oversized street
improvements in accordance with Section 24-121 of the Code of
the City. The Developer agrees and understands that the City
shall have no obligation to make reimbursement payments for
street oversizing unless funds for such payments shall first have
been budgeted and appropriated from the Street Oversizing Fund
by the City Council; and the Developer further understands that
to the extent that funds are not available for such reimburse-
ments, the City may not, in the absence of the Developer's
agreement, require the construction, at the Developer's expense,
of any oversized portion of streets not reasonably necessary to
offset the traffic impacts of the development. The Developer
does hereby agree to construct the aforesaid oversized street
improvements with the understanding that the Developer may
not be fully reimbursed by the City for the cost of such con-
struction. The Developer further agrees to accept payment in
accordance with Section 24-121 (d) of the Code of the City as
full and final settlement and complete accord and satisfaction of
all obligations of the City to make reimbursements to the
Developer for street oversizing expenses. It is anticipated by the
City that the City's reimbursement, in accordance with Section
24-121 (d), would not be less than fifty percent (50%) of the
Developer's actual expenses incurred and will be calculated in
accordance with the formula as set forth in Section 24-121 (d).
E. Hazards Emergency Access.
(i) No combustible material will be allowed on the site until a
permanent water system is installed by the Developer and
approved by the City.
(ii) The Developer shall provide an accessway to any building under
construction, adequate to handle any emergency vehicles or
equipment, and to properly maintain such accessway at all times.
Such accessway shall be at a minimum, 20' wide with 4" agre-
gate base course material compacted according to City Standards
and with an 80' radius turnaround at the building end of said
accessway.
(iii) The issuance of any footing foundation permit by the City is
made solely at the Developer's own risk and the Developer shall
hold the City harmless from any and all damages or injuries
arising directly or indirectly out of the issuance of said permit
prior to the completion of the requirements in accordance with
Section 29-678 of the Code of the City.
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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 Director of Engineering in accordance with the City's
"Wort: Area Traffic Control Handbook" and shall not remove said
safety devices until the construction has been approved by the Director
of Engineering.
B. The Developer shall, at all times, keep the public right-of-way free
from accumulation of waste material or rubbish caused by the Devel-
oper's 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. The Developer further agrees to maintain
the finished street surfaces 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 satisfaction of the Director of Engineering. 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 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 erodible 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
and related documents, or on any replat subsequently filed by the
Developer, and the City may withhold such building permits and certi-
ficates 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.
M
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 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 other-
wise made available.
This Agreement shall run with the real property herein above described
and shall be binding upon the parties hereto, their personal represent-
atives, heirs, successors, grantees and assigns. Assignment of interest
within the meaning of this paragraph shall specifically include, but
not be limited to, a conveyance or assignment of any portion of the
Dcvelloper's real or proprietary interest in the real property herein
after described, as well as any assignment of the Developer's rights to
develop such property under the terms and conditions of this Agree-
ment.
J. In the
event the Developer 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.
In such event, the succeeding
property owner
shall be bound
by the
terms of this Agreement.
K. 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.
L. In the event the 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 attorney's fees and costs incurred by reason of the
default. Nothing herein shall be construed to prevent or interfere with
the City's rights and remedies specified in Paragraph 3 E of this
Agreement.
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City Clerk
APPROVED AS TO FORM:
ircc o-f Engineering
City Attorney
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: )&-�— C
City Manager
DEV PER:
J - P. Weberg
OWNER:
G'
Fred R.
McClanahan
Dorothy L cClanah�n
-8-
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.
Not Applicable.
4. Storm drainage improvements to be installed out of sequence.
Not applicable.
WA