HomeMy WebLinkAboutGREENS AT COLLINDALE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-06-24DEVELOPMENT AGREEMENT
1 THIS AGREEMENT, made and entered into this 9 day of Y,I 199%,
by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City"; and LANDSOURCE L.L.C, a Colorado limited liability
company, hereinafter referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated in the
County of Larimer, State of Colorado, (hereafter referred to as the "Property") and legally
described as follows, to wit:
THE GREENS AT COLLINDALE P.U.D., located in the Northwest 1/4 of Section 31,
Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of
Larimer, State of Colorado.
WHEREAS,, the Developer desires to develop the Property and has submitted 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 City's Director of Engineering and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City utility plans for the
Property, 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 the Property
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 the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it is agreed as follows:
Fort Collins, Co 80522
If to the Developer: LandSource L.L.C.
Attn.: Gene Little
145 W. Swallow Road #9
Fort Collins, CO. 80525
With a copy to: Art March, Atty.
110 East Oak
Fort Collins, CO. 80525
Notwithstanding the foregoing, if any party to this Agreement, or their successors,
grantees or assigns, wishes to change the person, entity or address to which notices under
this Agreement are to be sent as provided above, such party shall do so by giving the
other parties to this Agreement written notice of such change.
0. When used in this Agreement, words of the masculine gender shall include the
feminine and neuter gender, and when the sentence so indicates, words of the neuter
gender shall refer to any gender; and words in the singular shall include the plural and vice
versa. This Agreement shall be construed according to its fair meaning, and as if prepared
by all parties hereto, and shall be deemed to be and contain the entire understanding and
agreement between the parties hereto pertaining to the matters addressed in this
Agreement. There shall be deemed to be no other terms, conditions, promises,
understandings, statements, representations, expressed or implied, concerning this
Agreement, unless set forth in writing signed by all of the parties hereto. Further,
paragraph headings used herein are fore convenience of reference and shall in no way
define, limit, or prescribe the scope or intent of any provision under this Agreement.
THE CITY OF FORT COLLINS, COLORADO,
a Muni al Corporation
By: I. II&I _
City anager
ATTEST:
City Clerk
APPROVED AS TO CONTENT:
Director of Engineering
APPRO AS O FORM:
Deputy City Attorney
DEVELOPER:
LANDSOURCE L.L.C., a Colorado limited liability
company.
Gene R. Little, Managing
11
EXHIBIT "A"
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. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
12
EXHIBIT "B"
Not Applicable
13
I. General Conditions
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. 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 the Property caused by, or on behalf of, the Developer with the intent to
construct improvements thereon.
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 Director of Engineering at the time of
approval of the utility plans relating 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. No building permit for the construction of any structure within the development
shall be issued by the City until the public water lines, fire hydrants, sanitary sewer lines,
and public streets (including curb, gutter, sidewalk and pavement 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 and
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 drainage 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 drainage facilities and appurtenances, and
all streets, curbs, gutters, sidewalks, bikeways and other public improvements required by
this development as shown on the approved plat, site, landscape and utility plans, and
other approved documents pertaining to this development on file with the City.
2
F. Street improvements (except curbs, gutters 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 plans shall be inspected by the
Engineering Department of the City and shall be subject 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 plans 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 (and other lands as may be required, if any). The
Developer shall meet or exceed the 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 Property 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 details shall be the responsibility of the
Developer); and (3) specific directives that 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 Colorado 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.
I. 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 estimated cost
of the improvements on the attached Exhibit "B," which improvements, if applicable, shall
include right-of-way, design and construction costs. See Section II.C, Special Conditions,
Storm Drainage Lines and Appurtenances, for specific instructions.
J. The Developer shall provide the Director of Engineering with certified Record
Plan Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase
of the construction.
3
K. The Developer specifically represents that to the best of its knowledge all
portions of the Property dedicated to the City associated with this development are in
compliance with all environmental protection and anti -pollution laws, rules, regulations,
orders or requirements, including solid waste requirements, as defined by the U. S.
Environmental Protection Agency Regulations at 40 C.F.R., Part 261, and that such
portions of the Property as are dedicated to the City pursuant to this development, are in
compliance with all such requirements pertaining to the disposal or existence in or on such
dedicated property of any hazardous substances, pollutants or contaminants, as defined
by the Comprehensive Environmental Response Compensation and Liability Act of 1980,
as amended, and regulations promulgated thereunder. The Developer does hereby
indemnify and hold harmless the City from any liability whatsoever that may be imposed
upon the City by any governmental authority, pertaining to the disposal of hazardous
substances, pollutants or contaminants, and cleanup necessitated by leaking underground
storage tanks, excavation and/or backfill of hazardous substances, pollutants or
contaminants, or environmental cleanup responsibilities of any nature whatsoever on, of,
or related to any property dedicated to the City in connection with this development. The
Developer further agrees to indemnify and hold harmless the City from any claims or
actions based directly, indirectly or in any manner on any of the aforementioned
environmental risks brought against the City by third parties arising as a result of the
dedication of portions of the Property to the City in connection with this development. Said
indemnification shall not extend to claims, actions or other liability arising as a result of any
hazardous substance, pollutant or contaminant generated or deposited by the City, its
agents or representatives, upon portions of the Property dedicated to the City in
connection with this development.
II. Special Conditions
A. Water Lines
Not Applicable
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and off -site storm
drainage improvements, as shown on the approved utility plans for the development, shall
be completed by the Developer in accordance with said approved plans prior to the
issuance of more: than eight (8) building permits for the development. Completion of
improvements shall include the certification by a professional engineer licensed in
Colorado that the drainage facilities which serve this development have been constructed
12
in conformance with said approved plans. Said certification shall be submitted to the City
at least two weeks prior to the date of issuance for any certificate of occupancy for the
development.
2. 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 Developer shall also be required to post a security
deposit in the amount of $11,887.50 prior to beginning construction to guarantee the
proper installation and maintenance of the erosion control measures shown on the
approved utility plans for this development. Said security deposit(s) shall be made in
accordance with the criteria set forth in the City's Storm Drainage Design Criteria and
Construction Standards (Criteria). If, at any time, the Developer fails to abide by the
provisions of the approved utility plans or the Criteria, the City may enter upon the
Property for the purpose of making such improvements and undertaking such activities as
may be necessary to ensure that the provisions of said plans and the Criteria are properly
enforced. The City may apply such portion of the security deposit(s) as may be necessary
to pay all costs incurred by the City in undertaking the administration, construction, and/or
installation of the erosion control measures required by said plans and the Criteria. In
addition, the City shall have the option to withhold building permits and certificates of
occupancy, as stated in Paragraph III.D of this Agreement, as it deems necessary in order
to ensure that the Developer installs and maintains the erosion control measures
throughout the buildout of this development.
3. The Developer and the City agree that the storm drainage system for this
development contains some features that make it important to construct the facilities in
accordance with the plans and to ensure that the facilities are maintained and kept
operational throughout the buildout of this development. For this reason the following
additional requirernents shall be followed for building on Lots 1 through 33:
The portions of the drainage improvement system required to be constructed on any
of the above lots, and other portions not on said lots but that are necessary for the
system serving said lots to properly function, shall be completed in accordance with
the approved utility plans and said completion shall be certified as being completed
in accordance with said plans by a licensed professional engineer. Said certification
shall be received by the City prior to the issuance of a building permit for any of the
above lots. A certification by such engineer that the drainage systems' function and
adequacy to serve its purpose has not been impaired by the construction and
landscaping on said lot shall be submitted to the City prior to the issuance of a
certificate of occupancy for each of the above lots.
4. The Developer and the City agree that it is important that certain lots be
graded to drain in the configuration shown on the approved plans for this development.
For this reason the following additional requirements shall be followed for building on Lots
5
I through 33:
Prior to the issuance of a certificate of occupancy for each of said lots the
Developer shall provide the City with certification that the lot has been graded
correctly (including the grading of any minor swales, if applicable); the lot corner
elevations :specified on the approved plans are correct and in accordance with the
approved plans; and the minimum floor elevation for all buildings constructed on
said lot has been completed in accordance with the approved plans. Said
certification shall be completed by a Colorado licensed professional engineer and
shall be submitted to the City at least two weeks prior to the date of issuance of the
desired certificate of occupancy.
5. The Developer shall be required to file a notice with the Larimer County
Clerk and Recorder describing the landscaping and fencing restrictions that exist for the
drainage easements on Lots 1 through 8 and Lots 17 through 24. Said notice shall
reference the location of the specific restrictions shown on plans and notes in the
approved utility plans for this development. Said notice shall be filed in a City approved
form prior to the sale of any lots affected by such restrictions.
6. The Developer shall obtain the City's prior approval of any changes from
the approved utility plans in grade elevations and/or storm drainage facility configuration
that occur as a result of the construction of houses and/or development of lots, whether
by the Developer or other parties. The City reserves the right to withhold the issuance of
building permits and certificates of occupancies for this development until the City has
approved such changes as being acceptable for the safe and efficient delivery of storm
drainage water.
7. The Developer and the City agree that the Developer is obligated to
maintain all on -site storm drainage facilities not accepted for maintenance by the City and
all off -site storm drainage facilities not accepted for maintenance by the City serving this
development and outside of the public rights -of -way.
D. Streets.
1. The Developer and the City agree that no street oversizing reimbursement
from the City is due the Developer for this development.
2. The Developer and the City agree that the Developer is responsible for
all costs for the initial installation of traffic signing and striping for this development related
to the development's local street operations. In addition the Developer is responsible for
all costs for traffic; signing and striping related to directing traffic access to and from the
development (e.g., all signing and striping for a right turn lane into the development site).
M
3. The Developer and the City agree that the driveways and accessways
serving this development are private and as such the City assumes no obligation to
maintain them.
E. Ground Water
1. The City shall not be responsible for, and the Developer hereby agrees
to indemnify the City against, any damages or injuries sustained in the development as a
result of ground water seepage or flooding, structural damage, or other damage unless
such damages or injuries are sustained as a result of the City's failure to properly maintain
its storm drainage facilities in the development.
F. Hazards and Emergency Access
1. Prior to beginning any building construction, and throughout the buildout
of this development, the Developer shall provide and maintain at all times an accessway
to said building or buildings. Such accessway shall be adequate to handle any emergency
vehicles or equipment, and the accessway shall be kept open during all phases of
construction. Prior to the City allowing combustible material on the site (other than forming
material for concrete footings, foundations and/or concrete walls) such accessway shall
be improved to a width of at least 20 feet with 4 inches of aggregate base course material
compacted according to City Standards and with an 80 foot diameter turnaround at the
building end of said accessway. The turnaround is not required if an exit point is provided
at the end of the accessway.
G. Utility Conflicts
1. The Developer and the City agree that if installation of any of the utilities
necessitates any changes to the site and /or landscape plan, or to any of the plans of the
utility plan set, the Developer must obtain City approval for such changes either as a Minor
Modification or by amendment to the final P.U.D., as deemed necessary by City staff.
III. Miscellaneous
A. The Developer agrees to provide and install, at its 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 completed and 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
7
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 so that they are 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 agrees that it will require its subcontractors to 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. 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 any replat as
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.
E. 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.
F. 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.
G. 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 by the Fort Collins City Council.
H. This Agreement shall run with the Property and shall be binding upon and inure
to the benefit of the parties hereto, their respective personal representatives, heirs,
successors, grantees and assigns. It is agreed that all improvements required pursuant
to this Agreement touch and concern the Property regardless of whether such
improvements are located on the Property. 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 Developers legal or equitable interest in the Property, as well as any
assignment of the Developer's rights to develop the Property under the terms and
conditions of this Agreement.
I. In the event the Developer transfers title to the Property and is thereby divested
A
of all equitable and legal interest in the 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.
J. Each and every term of this Agreement shall be deemed to be a material element
hereof. In the event that either party shall fail to perform according to the terms of this
Agreement, such party may be declared in default. In the event that a party has been
declared in default hereof, such defaulting party shall be given written notice specifying
such default and shall be allowed a period of ten (10) 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.
K. In the event of 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 III.D of this Agreement.
L. This Agreement shall not be construed as or deemed to be an agreement for
the benefit of any third party or parties, and no third party or parties shall have any right
of action hereunder for any cause whatsoever.
M. It is expressly understood and agreed by and between the parties hereto that
this Agreement shall be governed by and its terms construed under the laws of the State
of Colorado and the City of Fort Collins, Colorado.
N. Any notice or other communication given by any party hereto to any other party
relating to this Agreement shall be hand -delivered or sent by certified mail, return receipt
requested, addressed to such other party at their respective addresses as set forth below;
and such notice or other communication shall be deemed given when so hand -delivered
or three (3) days after so mailed:
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, Co 80522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
M