Loading...
HomeMy WebLinkAboutFOUR SEASONS PUD SIXTH REPLAT - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-06DEVELOPMENT AGREEMENT A THIS AGREEMENT, made and entered into this CI day off J 199 (� , by and between THE CITY OF FORT COLLINS, COLORAD , a Municipal Corporation, hereinafter referred to as "the City" and BROWN FARM JOINT VENTURE-, a Colorado General Partnership, hereinafter referred to as "the Developer". WITNESSETH WHEREAS, the Developer is the Owner of certain property situated in the County of Larimer, State of Colorado, and legally described as follows, to wit: FOUR SEASONS SIXTH FILING P.U.D., FIRST REPEAT, Situate in the NW 1/4 of Section 35. Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, Larimer County, Colorado. WHEREAS. the Developer desires to develop said property and has submitted to the Cite a subdivision plat and/or a site plan and landscape plan, s copy of which is on I ilc in the Office of the Director of Engineering and made a part hereof be rclerence: and WHEREAS, the Developer has further submitted to the City a utility plan I'm r said lands. a cop)of which is on file in the office of the Director of Engineering ❑nd 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 Citv in order to serve such arc❑ 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 v�hich involve the installation of and construction of utilities and other municipal intprmements in connection with said lands. NOVV', "I HEREFORE. in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hercbv ncknowledecd, it is agreed as follows: L Gcncral Conditions A. The terms of this Agreement shall govern all development acti�itics of the Developer pertaining to the subject property described above. For the purposes of this Agreement. "dccclopntcnt activities" shall include, but not be limited to, the oIIo�kine: (I) The actual construction of improvements. (2_) Obtaining a 17uilding permit therefor, or (3) Anv change in Uradc, contour or appearance of said property caused by or on behalf of the Developer with the intent to construct improvements thereon. 13, all water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, sidewalks, and bikcpaths shall be installed as shown on the approved utility plans and in I till compliance with the Council -approved standards and _ r1Cri-CG-,;ay u ea5e:�.e �.l V..V ulSi ti ^in (]) c.r. S IS.r. ( ) Right -Of -[day ($20,000 x 0.80 $16,000/Ac) 0.16 16,000 "C 2,560 $2,560 -- c 2,600 C. r Landscapinc(Maximum value) (c) to „2l cstl—.atet CCS= 0� �`-�f"'� .rirdl�c_? 1-.rrOV'E7E' ,T]tS eli-i-1e for Crit Cr City 5y: Ptichael F. Jones -"_�S: Nlorthern Engineerinc Ser,,ices, Inc. 420 South Howes, Suite 106 ort Collins, Colorado 80=21 Title: Project Manager -4, 562 S26,174 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) ccar time limitation from the date of execution of this agreement. In the event that the Dcveloper 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 Dcvcloper to comply with approved standards and specifications of the City on file in the Officc of the Director of Engineering at the time of resubmittal. C. No building permit i'or the construction of any structure within the development shall be issued by the City until the �Natcr lines, fire hvdrants, sanitary sewer and streets (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. An% water lines, sanitary sewer lints, storm drainage lines, and/or ;meets described �,n Exhibit "A." ❑Itached hereto. -hill be installed within the time and/or sequence required n Exhibit ".A." II 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 ❑rcas 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 Dcvcloper ❑"Ices to install and pay for all water, sanitary sewer and storm sever facIIIIIC and appurtnances, and all streets. curbing, "utter, sidewalks, Mkcwa_�s and other public improvements rcquircd by this dcsclopment as shown on the plat, utility and landscape plans. and other approved documents 1)crtainine to this dcvelopntcnt n I ilc with the City. E. Street improvements (except curbing, gutter and walks) shall not be installed until all utility lines to be placed therein ha%c been completely installed. including all individual lot sci icc lines leading in and from the main to the property line. Ci. The installation of all utilities shown on the utilit% drawings shall be inspected by the Engineering Department of the City and shall be subicct to such department's approval. The Dcvcloper agrces to correct any deficiencies in such installations in order to meet the requirements of the plans and, spccifications ,ipplicablc to such installation. In case of conflict utiIitc dra wings shall supersede the standard specifications. IL All storm drainage facilities shall be so designed and constructed by the Developer as to protect downstream and adjacent properties against injury and to adequately serve the property to be developed (and other lands as may be required, if any). The Dcvcloper has met or exceeded minimum requirements for stone 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 (I) such claims and damages as are caused by the acts or omissions of the City in maintenance of such facilitics 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 propert3 in the development. The Developer shall pay storm drainage basin fees in accordance with Chapter 21 Article VII of the City Code. Storm drainage improvements eligible for credit or City repayment under the provisions of Chapter 26 are described together with the estimated cost of the improvements on the attached Exhibit "B," which improvements, if applicable, shall include right-of-way, design and construction costs. See Section 2.C, Special Conditions, Storm Drainage Lines and Appurtenances, for specific nstructions. The Developer shall provide the Director of Engineering with ccrtif icd Record Utility Drawing Transparencies on Black Image Diazo Reverse Aiylars upon completion of an} phase of the construction. _. Special Conditions. -A. "Ater lines. 'yot Applicable. B. Sewer lines. the Citv water and "Istewatcr Utility Department must review and approve the proposed building plans for Iots =9. 30 and 31 prior to the issuance of a building permit for each of said lots. The review is necessary to assure that the building construction will not cause damage to the existing sewer located in the casement adjoining said lots. or make maintenance of said sewer more expensive or difficult. 3- 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 prior to the issuance of more than eleven building permits. Completion of improvements shall include the certification by a licensed professional engineer that the drainage facilities which serve this development, have been constructed in conformance with the approved plans. (ii) The Developer agrees to provide and maintain erosion control improvements as shown on the approved utility plans to stabilize all over -lot grading in and adjacent to this development. The erosion control improvements must be completed prior to the issuance of any building permits. (iii) The Developer and the City agree that a 2 year warranty period shall be in effect commencing upon City acceptance of the drainage channel improvements as shown on the appro%cd utilm plans. During the 2 year warranty period. the Dcvcloper shall be responsible for all irrigation, mowing And weed control required to estahlish the vegetation. The City shall accept maintenance at the end of the 2 year warranty period if the %egetation is established in accordance with the Citv Storm Drainage Design Criteria and Construction Standards. (iv) The Developer and the Citv agree that the unit cost for right-of-wav shown on Exhibit "B" is only an estimate and that a final cost per acre shall be agreed upon prior to reimbursement. D. Streets. (i) The Developer and the City agree that no street oversizing rcimbursemcnt is due the Dcvcloper for the development. Vliscellancous 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 ❑ccoidance with the Citv's "Work Area Tralfic Control Handbook" and shall not remove said safet% devices until the COnStI"uCtiOn has been approved by the Director of Engineering. 13. The Dcvcloper shall, at all times. keep the public right-of-wa) rec from accumulation of waste material or rubbish CauSCLI b� 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 matcrials 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 a,:cu[aulation of dirt and/or construction materials shall be -4- 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 (3) days after receipt of written notice, the City may have the streets cleaned at the Developer's expense and the Developer shall be responsible for prompt payment of all such costs. C. The Developer hereby insures that his subcontractors shall Cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. when the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodible earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. By way of explanation anti without limitation, said control may consist of seeding of approved _rasscs. temporary dikes, gabions- and/or other devices. E. fhe Developer shall, pursuant to the terms of this agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat and related documents, or on any teplat 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. F. Aothing herein contained shall be construed as a waiver of any rcquircments of the City Code, and the Developer agrees to comply with all requirements of the same. Ci. In i,ic c%cnt the Cit_v waives any breach of this agreement_ no ;uch ��aiver shall be held or construed to be a �iaiver of anv sub;cqucni breach hereof. IL Financial obligations of the City of Fort Collins payable after the current Iiscal vcar and;or not appropriated or budgeted arc contingent upon funds for that purpose being appropriated, bud:,ctcd and otherwise made available. This Agreement shall run with the real property herein described and shall be binding upon the parties hereto, their personal rcpr esen tativ cs, heirs, successors, grantees and assigns. Assignment Of interest within the meaning of this paragraph shall spccil icnlly include- but not be limited to. a convcyancc or assign nent of ❑ny porrion of the Developer's real or proprietary interest in the real propert\- herein described, as well as any assignment of the Dc%cloper's rights to develop such proPCity under the terms and conditions of this Agreement. -5- J. In the event the Developer transfers title to such real propertn° 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 dccmcd to be a material clement hereof. 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 aid default. In the event the default remains uncorrected, the part% declaring default may elect to: (a) terminate the Agreement and seek damages ib) treat the Agreement as continuing and require spccif is perf ormancc; or, (c) avail itself of any other rcnted% at law or equity. I.. In the .%cnt of tr: default of any of the provisions hereof by either I - art% hich shall require the party not in default to commence legal or equitable action against said defaulting part%. the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorneys fees and costs ncurred 1)v reason of the default. Nothing herein shall be consnued to prevent or interfere with the City's rights and remedies spccif ied in Paragraph 3 E of this Agreement. -6- it, Clcrti VPPROVFD :AS TO FORM: Dircctur�f Fn�mccrmg t Att.,rncc THE CITY OF FORT COLLINS. COLORADO A Municipal Corporation DEVELOPER: BROWN FARM JOINT ENTURE, a CAoracto General A' rtncjship Bv:' J F lv {J �t in R.P. AVhccler„ General Partner 7- EXHIBIT "A" I. Schedule of water lines to be installed out of sequence. Not Applicable. _. Schcdulc of sanitary sewer lines to be installed out of sequence. Not applicable. S�halulc of street improvements to be installed out of sequence. Not -Applicable. 1. Storm drainage improvements to be installed out of sequence. \ot applicable. -S- Tne Oevelo,�ment Agreement for EXHi2:T Four Seasons Sixth Filing Fort Collins, Colorado ?nclude only t`.ose major orainace basin _ by an a c .et. n nzst_r plan. -- I. - -- _.. ---- _. (z) L.f. /L.f. (b) (c) Ea. (d) Ea. Sus —octal 2. Channel excz:zt�e, det^_.�;io❑ pond excavation and rirrap (a) ".ass Excavation (b) Channel Prep (Lump Sum) (c) Channel Gradino (Lump Sur-) (o) Channel Drop Structure (=) See::in-- S� -Tctal c 9,988 C.Y' S 1.05 V. c 5,237 C.Y. S /C.Y. S 1,140 C.Y. Ea. $6,732 Ea. $6,732 27,720 Sc. Ft. $0.10 /Sq.Ft.$2,772 S16,952