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HomeMy WebLinkAboutCIMARRON WEST PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 2- day of c_ , A.D. 198� by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and T. D. MURPHY, III, Owner, hereinafter referred to as "the Developer," WITNESSETH: 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: Cimarron West, a P.U.D. located in the Northeast Quarter of Section 27, Township 7 North, Range 69 West of the Sixth P.M., City of Fort Collins, Larimer Country, 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 Cimarron West PUD July 1984 CVUTDTT IiAll 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. See paragraph 2.C. rvlrrnrr onu The Development Agreement for Cimarron West . This exhibit does not apply to this development. COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS Include only those major storm drainage basin improvements required by an adopted basin master plan. ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 1. Storm sewer, manholes, end sections, etc. Z. Sub -Total Channel excavation, detention pond excavation and riprap Sub -Total L.f. /L.f. $ $ Ea. Ea. $ Ea. Ea. $ C.Y. $ /C.Y. $ C.Y. $ /C.Y. $ C.Y. $ /C.Y. $ EXHIBIT B - Page 2 ITEM DESCRIPTION 3. Right-of-way & easement acquisition (a) (b) Sub -Total 4. Professional Design (a) 5. Other ANTITY UNIT COST TOTAL COST S.F. $ /S.F. $ Ac. $ /Ac. S Lump Sum Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared by: Title: Address: M R S 82285 P 1 282 581 680 10AUG 17 AM11: 10 COUNTY OF LARIM#ER N 0 T I C E STATE OF COLORADO Please take notice that on July 23, 1984, the Planning and Zoning Board of the City of Fort Collins, Colorado, approved the Final Plan of the planned unit development known as Cimarron West P.U.D. which development was submitted and processed in accordance with Section 118-83 of the Code of the City of Fort Collins. The Final Plan of the subject property together with the development agreement dated July 17, 1984, between the City of Fort Collins and the developer, out of which documents accrue certain rights and obligations of the developer and/or subsequent owners of the subject property, are on file in the Office of the Clerk of the City of Fort Collins. The subject property is more particularly described as follows: A Plat of Cimarron West Resubdivision, a planned unit devlopment (being a resubdivision of a part of Cimarron West, a planned unit development, a part of an Amendment to a Rep] at of Block 1, Lots 1, 8, and Tract "B" of Block 2, and a portion of streets as shown on the Cimarron West PUD) a Tract of land located in the Northeast Quarter of Section 27, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, Larimer County, Colorado. 5ity r e ret ry, arming & Zoning Boar City o Fort Collins Dated:y /( ✓) 6 SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this.,, -,.,day of-?,���c�� < , A.D. 1981, by and between THE CITY OF FORT COLLINS, COLORADO, a MunicipL Corporation, hereinafter referred to as "the City," and T.D. MURPHY CON- STRUCTION COMPANY, a Colorado Corporation and THOMAS D. MURPHY, III, hereinafter referred to as "the Developer," WTTNFCCFTH- 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: Cimarron West, a Planned Unit Development, located in the Northeast quarter of Section 27, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a resi- dential subdivision and has submitted to the City a subdivision plat (and a site plan if said property is to be developed as a Planned Unit Develop- ment), a copy of which is on file in the Office of the Director of Engi- neering Services; 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 Services 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 site plan where applicable) submitted by the Developer subject to certain require- ments and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THf:REFORE, 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, sidewalks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the standard specifications of the City on file in the Office of the Director of Engineer- ing Services relating to the specific utility. B. No building permit for the construction of any structure within the subdivision 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. C. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, -2- shall be installed within the time and/or sequence required on Exhibit "A". If the Director of Engineering Services deter- mines 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 Director as referred to under "Special Conditions" in this document. D. All electric lines and facilities shall be installed in accordance with the Electric Service Rules and Regulations, the Electric Construction Policies, Practices and Procedures, and specifications of the City of Fort Collins' electric utility. 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 municipal facilities necessary to serve the lands within the subdivi- sion. 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 indivi- dual lot service lines leading in and from the main to the property line. G. The installation of all utilities shown on the utility draw- -3- ings shall be inspected by the Engineering Division 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 drawings shall supercede the standard specifications. H. The Developer shall provide the Director of Engineering Services with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. 2. Special Conditions. A. Water lines (oversizing, payback, etc.). The Developer shall repay the City for water lines in Shields Street and Drake Road. The cost of the Shields Street water line shall be $4.0445 per front foot or $2,089.15 and shall be paid upon request for the first building permit. The cost of the Drake Road water line shall be based on the 12" line construction cost divided according to the adjacent properties' front footage. The payment for the Drake Road water line shall be made upon request of the first building permit unless rate has not yet been determined, in which case payment will be due on request of City. If payment is not received within thirty (30) days of the request, no additional building permits will be issued. -4- B. Sanitary sewer (oversizing, payback, etc.). The Developer shall repay the City for the sewer line in Drake Road at a rate of $5.47 per front foot or $2,521.62 and the sewer line in Shields Street at a rate of $3.5479 per front foot or $1,832.63. Both are payable upon request for the first building permit. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). The Developer agrees to complete the storm water piping, swales, detention facilities, and appurtenant on and off -site structures prior to being issued more than 12 building permits or 6 certificates of occupancy. The maintenance of the on -site storm drainage facilities shall be the responsibility of the homeowners association in perpetuity. D. Streets (oversizing, traffic lights, signs, etc.). The City shall repay the Developer for construction of Shields Street and Drake Road to arterial standards in lieu of local street standards in accordance with Section 99-6(F) of the Code of the City of Fort Collins. 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 Services in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety -5- 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. He shall remove such rubbish no less than weekly and, at the completion of his work, shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way caused by his operation. The Developer agrees to maintain the finished street surfaces free from dirt caused by his opera- tion. 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 corrected to the satisfaction of the Director of Engi- neering Services. In the event that the Developer fails to adequately clean the streets within two (2) days after written notice, the City may have the street cleaned and charge the Developer for said costs of cleaning. 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 erodable 10 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 promises 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 construction 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. 1 -2- ��' 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. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. F. Nothing herein contained shall be construed as a waiver of any ATTEST: City Clerk requirements of the City Subdivision Ordinance or any other provision of the City Code, and the Developer agrees to comply with all requirements of the same. THE CITY OF FORT COLLINS, COLORADO A iMmunlpal Corporation By AS Manager 2 r -7- ATTEST: it e: T.D. MURPHY CONSTRUCTION CO., A Colorado Corporation By '�c i/t / �.c c: ' t Tll Thomas D. Murphy, III, P esid n v A/ Thomas D. Murphy, II, wne; 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. The Developer shall attempt to coordinate the construction of Shields Street and Drake Road with the City intersection improvement project if possible,. The road improvements shall be required to be completed before March 1, 1983. The Developer shall complete Light Foot Lane when development occurs to the north and east of the development by March 1, 1984, whichever occurs first. 4. Storm drainage improvements to be installed out of sequence. Not applicable. DATE: ebruary 20, 1981 citm mN WEST, P.U.D. ADDETIDL4 NO. 1 The Subdivision Agreement between the City of Fort Collins and T. D. Construction CePany, Inc. dated is hereby ammended to include the following: 1. Paragraph 2, D is hereby expanded, for purposes of clarification, to include the transition street widths which lie outside the subdivision limits on both Shields Street and Drake Road as part of the City's reimbursement responsibility. 2. Paragraph 2, C is hereby expanded to include the statement that the City, shall expend every effort to collect from and repay this developer for constructing the 235 feet of 18" RCP Class V pipe with end section north from this property along Shields and the 243.74 feet of simular RCP, Class V pipe with end section south of this property along Shields Street when the properties adjacent to these sections of pipe are developed. This Addendum in no way coommits the City to collect and repay, it only commits the City to attempt to collect and repay if development on the adjacent property occurs. ATTEST: City Clerk The C OF FORT COLLINS By $ S City Mana T.D. MURPHY CONSTRUCTION COMPANY A Colorado Corporation B-r��_ y Thcmas D. Murphy, III-,'resi ent AST: Secretary anuary /�, 1982 CI!•:�iARON WEST, P.U.D. (As amended) ADD�IDUM NO. 2 The Subdivision Agreement betteen the City of Fort Collins and T. D. �-irphy Construction ConTany, Inc. dated February 20, 1981 is hereby a=mi=nded to include the following: I. Paragraph 2, A is hereby replaced by the following: The Developer shall repay the City for water lines in Shields Street and Drake Road at a rate of $4.0445 and $8.96 plus inflation, per front foot respectfully. This payment shall be due upon request for first building permit. 2. Paragraph 2, B is hereby replaced by the following: The Developer agrees to repay the City for sewer lines in Shields Street and Drake Road at a rate of $3.5479 and $5.47 per front foot respectfully. This payrrent shall be due upon request for first tap. 3. Exhibit "A" Paragraph 3 is hereby replaced by the following: The Developer agrees to attempt to coordinate the construction of Shields Street and Drake Road with construction of such streets by Cim-naron Plaza P.U.D. The road improvements shall be required to be completed before March 1, 1983. The Developer shall complete Raintree Drive to full width adjacent to Cinmaron Plaza P.U.D. when this portion of Raintree Drive is completed. ATTEST: City Clerk THE CITY OF FORT COLLINS QCity Manag T. D. MURPHY CONSTRUCTION COMPANY A Colorado Corpora 72"" By ��� r Thomas D. Murphy III - Pz sideryt -�1 �- 77 7 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- W/ 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 drainage facilities shall be so designed and con- structed by the Developer as to protect downstream and ad- jacent 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 require- ments 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 main- tenance; (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, subsequent purchasers of property in the development and downstream and adjacent property owners all of whom shall be third party beneficiaries of said agreement between the Developer and Engineer. H. 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 provisions of Chapter 93 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. The basin fee payable by the Developer shall be reduced by the estimated cost of said eligible improvements. Upon completion of such eligible improvements, the amount of such reduction shall be adjusted to reflect the actual cost. If the cost of the eligible improvements con- structed by the Developer and described in the above mentioned exhibit exceeds the amount of the storm drainage fees payable for the development, the City shall reimburse the excess cost out of the Storm Drainage fund upon completion of the improve- ments and approval of the construction by the City. I. 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.. The Developer agrees to pay the City for his portion of the 12" water line in Drake Road at the cost of $8.96 per front foot plus an inflation factor. The inflation factor is based on the difference of the Denver Construction Cost Indices found in the Engineering News Record for the months of the request of the first building permit and the month of October, 1977. B. Sanitary sewer. The Developer agrees to pay the City for his portion of the 21" sewer line in Drake Road at the cost of $5.47 per front foot. >C` Apr/,) #QGWEsv- c^F °Fwv r/k'sr' C. Storm drainage lines and appurtenances. 1) All storm drainage facilities shall be completed by the Developer and approved by the City prior to release of more than 11 building permits and 5 certificates of occupancy. 2) The Developer agrees to reseed the right-of-way and deten- tion pond that is disturbed during the construction of the off -site storm drainage facilities. The Developer also agrees to transplant the existing trees under the direction of the City Arborist and replace these trees in accordance with the landscape plan and landscape covenants. D. Streets (oversizing, traffic lights, signs, etc.). 1) The City agrees to repay the Developer for oversizing Drake Road and Shields Street to arterial standards in lieu of local street standards in accordance with the Code of the City of Fort Collins, Article 99-6.F. -6- 2) The Developer may be entitled to reimbursement for con- struction of portions of Drake Road and Shields Street in accordance with the Code of the City of Fort Collins, Article 99-6.B. (6). 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 of 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 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 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 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. -8- 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: 4ireckt—�or4fPubli _Works �C4�tyvAttoney-- THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By City Manager OWNER A�61 Ad j 4�Thomas D. Murphy,