HomeMy WebLinkAboutCOLLINDALE PUD EIGHTY SEVEN - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31nEVFLOPMFNT AGRFFMEMT
THIS A(IRFEMENT, mad? and entered into this Hay of ,Apri 1, 1987,
by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
("the City,") and Bartran Homes Inc., a Colorado Corporation ("the Devel-
oper") .
WITNESSFTY:
WHFREAS, the Developer is the owner of certain property situate in
the County of ILarimer, State of Colorado, and legally described as follows,
to -wit:
Co 1 li nda le P.U.n. ' 87, located in the South West Ouar-
ter, Section 30, Township 7 North, Range 68 West of
the 6th P.M., City of Fort Collins, Larimer County,
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 f i le 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 regljire increased municipal servicas 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
attorneys' fees and costs incurred by reason of default.
Nothing herein shall be construed to prevent or interfere
with the City's rights and remedies specified in paragraph 3
F of this Agreement.
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ATTEST:
(� e
City Clerk
APPROVED AS TO FORM:
C' En 'neer ---
ATTEST:
Dorothy L. Roil /
A,s ,�tant Corporation
THE CITY OF FORT COLLTNS, COLORAnO
A Muni al Corporation
By
City Manager
/-, / � 4
C
City Attorney
BARTR.AN HOMES INC., a Colorado Corporation
By ._
William D. Bartran, resident
Secretary
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(corporate seal)
FXHIRIT "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.
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EXHIBIT "B"
The Development Agreement for Collindal P.U.D. '87.
This exhibit does not apply to this development.
Include
master
ITEM
COST ESTIMATE FOR MAJOR DRAINAGE INPROVEf•iENTS
only those major storm drainage basin improvements required by
plan.
DESCRIPTION QUANTITY UNIT
an adopted basin
COST TOTAL COST
1.
Storm sewer,
manholes, end sections,
etc.
(a)
L.f.
(b)
L.f.
/L.f.
S
(c)
Ea.
Ea.
S
`( d)
Ea.
Ea.
S
Sub -Total
S
2.
Channel excavation, detention pond
excavation
and riprap
(a)
C.Y. $
/C.Y.
S
(b)
C.Y. $
/C.Y.
S
(c)
C.Y. $
/C.Y.
S
Sub -Total S
EXHIBIT B - Page 2
ITEM DE.SCRIPTIO?J
— ____QUANTITY UNIT COST TOTAL COST
3. Right-of-way & easement acquisition
(a)
S.F.
Ac. S /Ac. $
Sub -Total
4. Professional Design
(a)
Lump Sum S
Other
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
S
Prepared by:
Ti tl e:
Address:
RCPT_J # 87026208 0" "/87 13:19:31
ARODE_JBER3ER # OF Pt. - 1 FEE - $3.OG
RECORL,�n - LARI:IER COUATY, CO STATE DOC FEE $,00
NOTICE
Please take notice that on April 20, 1987, the Planning and Zoning Board of
City of Fort Collins, Colorado, approved the Final PUD Plan know as
Collindale 187, which development was submitted and processed in accordance
with Section 118-83 of the Code of the City of Fort Collins. The Final PUD
Plan of the subject property together with the development agreement dated
April 16, 1987 between the City of Fort Collins and the developer, out of
which documents accrue certain rights and obligations of the development
and/or subsequent owners of the subject property, is on file in the office
of the Clerk of the City of Fort Collins.
The subject property is more particularly described as follows:
Part of the Southwest Quarter, Section 30, Township 7 North,
Range 68 West, of the 6th P.M., City of Fort Collins, Coun,
Larimer, State of Colorado. , ��.
\City Clt-rk'ARM
--
Secretary, PJAnning and Zoning
Board, City/of Fort Collins
Dated: /1,/, / ��7
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 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:
I. Genera 1 Conditions.
A. The terms of thi s Agreement sha 1 1 govern a 1 1 deve lopment
act vi ti es of the Oeve loper pertai ni ng to the subj ect prop-
erty described above. For the purposes of this Agreement,
development activities" shall include, but not be limited,
1-n the following: (1) The actual construction of improve-
ments, (2) Obtaining a building permit therefor, or (3) Any
change in the grade, contour or appearance of said 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 faci lities, streets, curbs, gutters, sidewalks, and
bikepaths shall be installed as shown on the approved utility
p lans and i n fu 11 comp li ance with the Counci 1-approved stan-
dards and 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 a two (2)
year time limitation from the date of execution of this
agreement. In the event that the neveloper commences or per-
forms any construction pursuant hereto after two (2) years
from the date of execution of this agreement, the Developer
shall resubmit the project utility plans to the City Fngineer
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 City Fngineer at the time of
resubmittal.
C. No building permit for the construction of any structure
wi thi n the deve lopment sha 11 be i ssued by the Ci ty unti 1 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. No hui lding
permits shall he issued for any structure located in excess
of six hundred sixty feet (Fhp') from a single point of
access.
D. Any water lines, sanitary sewer lines, storm drainaciP lines,
and/or streets described on Exhibit "A", attached hereto,
sha 1 1 be installed within the time and/or sequence required
on Exhibit "A". If the City Engineer has determined that any
water lines, sanitary sewer lines, storm sewer facilities
and/or streets are required to provide service or access to
othPr areas of the City, thnse faci lities sha 11 hP shown on
the uti lity p lans and sha 11 be i nsta 1 led by the Deve toper
within the time as established under "SpPcia1 Conditions" in
this document.
E. Except as otherwise herein specifically agrees, *he Developer
agrees to install and pay for all water, sanitary sewer and
storm sewer facilities and appurtenances, and all streets,
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curbing, gutter, si dewa lks , bikeways and other pub li c
improvements required by this development as shown on the
plat, utility and landscape plan-,, and other approved dncu-
ments pertaining to this development on file with the City.
F. Street improvements (except curbing, gutter and walks) shall
not he installed until all utility lines to be placed therein
have heen completely installed, including all individual lot
service lines leading in and from the main to the property
li ne.
G. The installation of all uti lities shown on the uti lity draw-
ings shall be inspected by the Engineering Division of the
-ity and shall he 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/nr specifications applicable to such installation. In
case of conflict, the utility drawings shall supersede the
standard specifications.
H. All storm drainage faci lities shall be so designed and con-
structed by the Developer as to protect downstream and adja-
cent properties against injury and to adequately serve the
property to be developed (and other lands as may he required,
if any). The Developer has met or exceeded minimum require-
ments for storm drainage facilities as have been established
by the City in its Drainage Master Plans and ilesinn 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
_n_
drainage or seepage waters from the development in a manner
or quantity different from that which was historically dis-
charged and caused by the design or construction of the storm
drainage facilities, except for (I) such claims and damages
as are caused by the acts or omissions of the City in mainte-
nance of such facilities as have been accepted by the City
for maintenance; (2) errors, if any, in the general concept
of the Ci ty' s master plans ( but not to include any details of
such plans, which details shall be the responsihi city 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 re li n-
quishment by the City of the aforesaid indemnification. The
Ileve toper shall engage a licensed professional engi nPPr to
design the storm drainage facilities as aforesaid and it is
expressly affirmed hereby that such engagement shall also be
intended for the benefit of the City and subsequent purchas-
ers of property in the development.
I . The Developer shall pay storm drainage basin fees in accor-
dance with Chapter 93 of the City Code. Storm drainage
improvements eligible for credit or City repayment under pro-
visions of Chapter 93 are described together with the esti-
mated cost of the improvements on the attached Exhibit "B",
which improvements shall include right of way, desi gn and
construction costs.
J. The Developer shall provide the City Engineer with certified
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Record Utility Drawing Transparencies on Rlack Image Diazo
Reverse My lars upon comp let ion of any phase of the construc-
tion.
2. Special Conditions.
A. Water lines.
Not Applicable
R. Sewer lines.
The City agrees to reimburse the Developer for the cost of
installing the portion of the 8" sewer line south of the
Co l li nda le ' 87 property line in the right-of-way of Horse -
tooth Road, including the manhole south of the right-of-way.
Payment shall not be made until such time that all public
improvements required by the City for this development have
been completed and accepted by the City.
C. Storm drainage lines and appurtenances.
( i ) The Developer agrees to complete all storm drainage facili-
ties, appurtenances and erosion control measures as shown on
the utility plans on fi le in the City Engineer's Office,
prior to the issuance of any Certificate of occupancy for
t h i s deve lopment . The Erns i On cunt ro 1 treatment shall
i tic ludo seedi ng a l 1 undeve loped ground east of thi s deve lop-
ment between Lnchwood Drive and Carlton Avenue north of
Horsetooth Road.
D. Streets
The Developer and the City agree that there is no street
oversizing reimbursement due to the Developer from the City
for this deve lnpment .
3. Miscellaneous.
A. The Developer agrees to provide and install, at his Pxpense,
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 Engineer
in accordance with the City's "Work Area Traffic Control
Handbook" and shall not remove said safety devices until the
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construction has been approved by the City Fngineer.
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 rub-
bish no less than weekly and, at the completion of the work,
shall remove all such waste materials, rubbish, tools, con-
struction 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 suffi-
cient cause for the City to withhold building permits and/or
certificates of occupancy until the problem is corrected to
the satisfaction of the City Engineer. If the Developer
fails to adequately clean such streets within two (7) 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
flowing dust which, in the inspector's opinion, is hazardous
to the public health and welfare.
D. LJhen the inspector determines that erosion (either by wind or
water) is likely to be a problem, the surface area of Pro-
di b le earth material exposed at any one time shall not exceed
?on,nnrl square feet for Parthworks operations. Temporary or
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permanent ernsinn control shall be incorporated into the suh-
di vi si on at the earliest practicable time. By •ray of explana-
tion and without limitation, said control may consist of
seeding of approved grasses, temporary dikes, gabions, and/or
other (�evices.
F. 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 he
shown on the original plat, or on any rep lat subsequently
filed by the Developer, and the City may withhold such build-
ing permits and certificates of occupancy as it deems neces-
sary to ensure performance hereof.
F. Nothing herein contained shall he construed as a waiver of
any requirements of the City Code, and the nPvP Loper agrees
to comply with all requirements of the same.
G. Tn 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 obligatinns of the City of Fort Collins payable
after the current fiscal year and/or not appropriated or hud-
geted are contingent upon funds for that purpose being appro-
priated, budgeted and otherwise made avai lab le.
T. 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,
M
assignment of any portion of the Developer's proprietary
interest in the real property hereinafter described, as well
as any assi gnment of the Deve loper' s ri ghts to deve lop such
property under the terms and conditions of this agreement.
J. In the event the Developer herein after 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.
K. Each and every term and condition of this Agreement shall be
deemed to be a material element thereof. Tn the event either
party shall fail or refuse to perform according to the terms
of this Agreement, such party may be declared in default. Tn
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. Tn 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 of default of any of the provisions hereof by
either party which sha 11 requi re the party not in defau It to
commence legal or equitable action against said defaulting
party, the defau lti ng party sha 1 1 be li ab le to the non -
defaulting party for the non-defau lti ng party's reasonable
INS