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HomeMy WebLinkAboutWILD WOOD FARM PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-16DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 13th day of September, 1988, by and between THE CITY OF FORT COLLINS, COLORADO, a Munici- pal Corporation, hereinafter referred to as "The City", and CHARTER MEDI- CAL OF LARIMER COUNTY, INC., a Colorado Corporation, hereinaftcr referred to as "the Developer," and WILD WOOD FARM, INC., a Delaware Cor- poration hereinafter referred to as "the 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: WILD WOOD FARM, FIRST FILING P.U.D., a tract of land located in the Northeast Quarter of Section 5, Township 6 North, Range 68 West of the 6th Principal Meridian, City of Fort Collins, Latimer 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 which 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_ 1. General Conditions. A. The terms of this .Agreement shall govern all development activi- ties of the Developer pertaining to the subject property described above. For the purposes of this Agreement, "development activi- tics" 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 appear- ance of said property caused by or on behalf of the Developer with the intent to construct improvements thereon. DEVELOPER: CHARTER MEDICAL OF LARIMER COUNTY, INC. a Colorado Corporation By: NAME: liter✓ /,)4:4,41" ATTEST: By: NAME: I I ILL: CX�;r_rrC Yw=f.rc- rCinc ATTEST: Roberta S. Martin, Secretary TITLE: (Corporate Seal) j,,11 WILD WOOD FARM, INC. a Delaware Corporation Michael S. Br-yne, resident (Corporate Seal) EXHIBIT "A" I. Schedule of water lines to be installed out of sequence. Temporary fire protection may be provided with a fire hydrant installed on the existing Fort Collins -Loveland Water District line until the 10" City line is extended under Harmony Road. 2. Schedule of sanitary sewer lines to be installed out of sequence. On -site portion to be installed prior to issuance of any building permit. Off -site connection to Harmony trunk sewer line to be installed and approved prior to issuance of a certificate of occupancy. 3. Schedule of street improvements to be installed out of sequence. Street improvements related to access on Harmony Road shall be completed after a State Highway Access Permit is approved by the State. Construc- tion must be completed by the Developer and approved by the City prior to the issuance of any certificate of occupancy. 4. Storm drainage improvements to be installed out of sequence. Not applicable. EXHIBIT "B" The Development Agreement for Wild Wood Farm, First Filing P.D.D. Not Applicable COST ESTIMATE FOR MAJOR DRAINAGE INPROVEf,ENTS Include only those major storm drainagebasin improvements required by an adopted basin master plan. ITEM DESCRIPTIOM QUANTITY UNIT COST TOTAL COST 1. Storm -sewer, manholes, end sections, etc. (a) L.f. /L.f. S (b) L.f. /L.f. S (c) Ea. Ea. $ l(d) Ea. Ea. S Sub —Total 2. Channel excavation, detention pond excavation and riprap Sub -Total $ C.Y: S /C.Y. S C.Y. S /C.Y. $ C.Y. S /C.Y. S K, 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 spccifi- cations 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 con- struction 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 reexami- nation. 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. No building permit for the construction of any structure within the development shall be issued by the City until the on -site water lines, fire hydrants, or a temporary hydrant at the existing Fort Collins -Loveland Water District line, sanitary sewer and streets except as provided in Section 2-B (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 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 develop- mcnt on file with City. Reimbursement for ovcrsizing of- water and sewer lines shall be done in conformance with provisions of the City Code. 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 service lines leading in and from the main to the property line. G. The installation of all utilities except the water and sanitary sewer, but including water and sanitary sewer trenches, shown on the utility drawings shall be inspected by the Engineering Department of the City and shall be subjected to such depart- 2- mcnt'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 proper- ties 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 construc- tion 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 relinquishment 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 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 esti- mated cost of the improvements, if applicable, 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 instruc- tions. 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 con- struction. 2. Special Conditions. A. Water lines. A temporary hydrant on the Fort Collins -Loveland Water District Line may be used until the 10" City Water Line is extended -3- under Harmony Road to the site. B. Sewer lines. The off -site sewer extension to the Harmony Trunk sewer line is to be completed prior the issuance of a Certificate of Occupancy. 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 Developer and accepted by the City (which acceptance shall include certification by a licensed engineer of detention pond capacity as designed) prior to the issuance of any certificate of occupancy. (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 Developer prior to the issuance of any building permit. D. Streets (i) Subject to the conditions of this agreement, the City agrees to reimburse the Developer for oversizing public improve- ments along Harmony Road and Corbett Drive for those portions of said streets abutting the Property as shown on the approved utility plans. Reimbursement for Harmony Road shall be for oversizing the sidewalk for the difference between the width constructed up to 7 feet wide and 4 feet (being the residential street standard width). Reimbursement for Corbett shall be for the difference between residential street standards and collector street standards. Reimburse- mcnt shall be made to the Developer in accordance Section 29-680 of the City Code. (ii) When reimbursement is requested by the Developer, the City's obligation for payment shall be limited to those funds then budgeted and appropriated by the City for the improve- ments then completed. (iii) The street improvements to be constructed by the Developer under the terms of this agreement, for which the Developer may be reimbursed by the City, shall be submitted by the Developer to a competitive bidding process and the con- struction of the same shall be awarded to the lowest responsible bidder, as determined by the Developer. (iv) Prior to the issuance of a building permit for this develop- ment, a State Highway Access Permit shall be secured by the Developer for a temporary construction driveway to access the construction site from an existing access easement -4- on Harmony Road, unless construction access is taken off County Road #9 with emergency access only from the existing access easement on Harmony Road. (v) Prior to the issuance of a certificate of occupancy for any building, a permanent access, consisting of driveway(s) and/or street(s), shall be constructed in conformance with the approved utility plan. The Developer shall be allowed three options, as listed below, for providing such permanent access. The design is complete for the first option only. If either of the other two options is used instead of the first, a design shall be completed by the Developer and approved by the City prior to beginning construction. (1) Corbett Drive (as approved by the City). Corbett Drive and Harmony Road improvements shall be constructed in accordance with the approved utility plans. A State High- way Access Permit shall be secured by the Developer for Corbett Drive prior to beginning construction of the Har- mony Road/Corbett Drive intersection, and the Harmony Road improvements. (2) Corbett Drive (if moved by the State). Corbett Drive and Harmony Road improvements at another location must be designed by the Developer and be approved by the City. A State Highway Access Permit shall be secured by the Developer for Corbett Drive prior to beginning construction of the Harmony Road/Corbett Drive intersection, and the Harmony Road improvements. (3) County Road 9. The Developer shall have the option to construct a paved driveway from the development site to County Road 9 and pave County Road 9 from such drive- way to Harmony Road. To use this option, a design of the improvements must be completed by the Developer and approved by the City. if improvements at the intersection of Harmony Road and County Road #9 are required, the Developer must also secure a State Highway Access Permit for constructing improvements prior to beginning construc- tion of the County Road 9/ Harmony Road intersection. E. Other Prior to the issuance of the footing and foundation permit for any buildings within this Planned Unit Development the Developer agrees to the following: No combustible material will be allowed on the site until a temporary or permanent water system is installed by the Devcl- oper and approved by the City. 2. To 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" aggregate base course 5- material compacted according to City Standards and with a 40'radius turnaround at the building end of said acccssway. 3. The issuance of said footing and foundation permit is made solely at the Developer's own risk and the Developer shall hold the City harmless in the event of any damages resulting from the issuance of said permit prior to the completion of the requirements in accordance with Section 29-678 of the Code of the City. 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 "Work 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 Developer'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 accumu- lation of dirt and/or construction materials shall be considered sufficient cause for the City to withhold build- ing 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 incorpor- ated 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. 9.2 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 obliga- tions may be shown on the original plat and related docu- ments, 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 perfor- mance 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 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. This Agreement shall run with the real property herein above described and shall be binding upon the parties hereto, their personal representatives, 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 Developer's real or proprietary interest in the real property above described, as well as any assignment of the Developer's rights to develop such property under the terms and conditions of this Agreement. 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. 7- 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. M. The Parties agree to be reasonable with regard to all provisions of this agreement. 10 THE CITY OF FOR"I COLLINS, COLORADO A Municip I Corporation BV- � C�f[/ City Manager Al *1 :ST: Cite Clcrk APPROVED AS TO EORDI: 1_ Dircctor.,rif-Enginccring City Attorney