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HomeMy WebLinkAboutHARBOR WALK ESTATES PUD PHASE II - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-19DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this o%o? I day of � 199 o , by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City"; SOLLENBERGER DEVELOPMENT CORPORATION, a Colorado Corporation, hereinafter referred to as "the Developer'; and SOLLE-NBERGER DEVELOPMENT CORPORATION, a Colorado Corporation and WARREN LAKE RESERVOIR COMPANY, a Colorado Mutual Irrigation Corporation, collectively hereinafter referred to as "the Owner." WITNESSETH WHEREAS, the Developer is the Owner of a portion of the property and has entered into an agreement with Warren Lake Reservoir Company, Inc. to acquire ownership of the remaining portion of certain property situated in the County of Latimer. State of Colorado, and legally dcscribcd as follows, to wit: HARBOR NN'ALK ESTATES, PHASE II, a Planned Unit Development. Being a Replat of Tract "B" of Harbor Walk Estates P.I1.D. and a Portion of the Rest Half of Section 31. Tovrnship 7 North, Range 68 NFest of the 6th P,NL, City of Port Collins, Larimer County, Colorado. WHEREAS, the Developer desires to develop said 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 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 NNHEREAS, the parties hereto have agreed that the development of said lands will require increased municipal services from the City in order to serve such ❑rca and kill 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. NOVA' THEREFORE, in consideration of the promises of the parties hereto ❑nd other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, it is agreed as follows: I. General Conditions. V The terms of this Agreement shall govern all development activities of the Developer pertaining to the subject property described above. For the purposes of tliis Agreement, "devclopment activities" shall include. but not be limited to, the following: ( I ) The actual construction of improvements, (') Obtaining a building permit therefor, or (3) Anv change in grade. EXHIBIT "A" I. Schedule of water lines to be installed out of sequence. Not Applicable. I 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. d. Storm dr.iinagc improvements to be installed out of sequence. Not ❑pplicable. -10- "EXHIBIT B" NOT APPLICABLE 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 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 lile in the Office of the Director of Engineering at the time of resubmittal. C. No buildin4 permit ]'or the construction of any structure within the development shall be issued by the City until the water lines, irc hydrants, 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, except on Lots 9 through 16 where each structure requires a residential fire sprinkler system. 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." 11 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 «ithin the time as established under 'Special Conditions" in this document. E. Except as otherwise herein specifically agreed, the Developer agrees to install and pay ['or 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- ment on I ilc with the City. 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 individual lot service Lines leading in and Irom the main to the property line. G. I he installation of all utilities shown on the utility drawings shall be inspected by the Engineering Department of the City and shall be subject to such department's approval. The Developer ❑grces 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 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 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 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 ❑ccepred by the City for maintenance; (') errors, if any, in the general concept of the City's master plans (but not to include anv details of such plans. %%hich details shall be the responsihility of the Developer); and (3) specific directives as may be giaen to the Developer b} 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 Citv 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 Cite, and subsequent purchasers of property in the development. The Developer shall pay storm drainage basin fees in accordance with Chapter ,6, Article VII of the City Code. Storm drainage improvemcnts eligible for credit or City repayment under the provisions nj Chaptcr '6 ❑re described together with the estimated cost of the improvemcnts on the attached Exhibit "B," which improvements, it applicable, shall include right-of-way, design and construction costs. See Section 2.C, Special Conditions, Storm Drainage Lines and Appurtenances, for specific instructions. J. The Developer shall provide the Director of Engineering with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mvlars upon completion of an}phase of the construction. Special Conditions. A. water lines. Not Applicable. B. Sewer lines. (i) The Developer shall reimburse the City the sum of S102.74 i- for each dwelling unit for the Warren Lake Trunk Sewer Basin Fee. The payment shall be paid prior to the issuance of each building permit- 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 one building permit. 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. D. Streets. (i) The Developer and the City agree that no street oversizing reimbursement is due the Developer for the development. E. Fill Material Hauling Operations. (i) Prior to beginning any construction or importation of fill material to the development site, the Developer shall submit a haul plan to the City for approval. Said haul plan shall include the following items: *Proposed route *Schedule for the haul *Number of trucks to be used *Load characteristics of all trucks The City shall not have the right to disapprove a hauling plan unless such plan violates applicable Cit} of Fort Collins ordinances, provided that the plan provides that every other loaded hauling truck emanating from South of Llarmonv Road shall use an alternate route other than from Harmonv Road North on South Lemav_ Avenue to the development site. The empty trucks shall be allowed to use South Lemay Avenue to return to Harmony Road and points south. :notwithstanding the foregoing, the Cit% shall have the right to require the Developer to use alternative hauling routes for the filled loads. In such event. the City shall promptly notify the Developer of the alternate route and the Cityshall promptly (within 30 days after receipt of the Dcacloper's dOcui➢CntatiOn of csrra Cost ineurrCd hN the alternate route) pay to the Developer all cstra costs incurred by the Developer attributable to the use of the alternate route. Developer shall submit reasonable and Verifiable written documentation to the Cron of the extra costs incurred by Developer for the use of the alternate 4- route. The fill hauling operation shall follow the approved haul plan. The Developer shall be responsible for any damage caused by the hauling operation to Harbor Walk Drive and Harbor Walk Lane. An inspection of the street conditions for Harbor Walk Drive and Harbor Walk Lane shall be made by the City prior to beginning and at completion of the hauling operation to determine the amount of damage, if any. The City must approve the Developer's proposed method for repairs needed to return the local streets to the conditions existing at the beginning of Developer's hauling. The Developer shall repair, to City standards, any damage caused by its operations to Harbor Walk Drive and Harbor Walk Lane so as to restore Harbor Walk Drive and Harbor Walk Lane to their condition as it existed prior to the Developer's commencement of hauling of fill material. F. Excavation of Fill Material from Warren lake The Developer shall take precautions to assure that any excavation of fill material for this development at the south end of Warren Lake is performed in a way that does not increase seepage from the lake, if such seepage would cictrimentatly affect the f unction of the undcrdrain system in Lemay Avenue adjacent to Warren Lake. The soils report of Empire Laboratories, Inc., dated June 15, 1988 and supplemented by Addendum dated February 5, 1990, for the development addresses the seepage issue and specifics what must be done to prevent an increase in seepage. All construction shall follow the procedures described in the Empire Laboratories, Inc. report. Prior to the issuance of any building permit the Developer shall provide certification from a licensed professional engineer, with expertise in soils, that the procedures spceif ied in the Empire Laboratories. Inc. soils report were followed and completed. Notwithstanding anything to the contrary provided herein, nothing sct forth in this Agreement shall imply or create a 'general or specific legal dury from the Devcloper to the City to be responsible for the results or consequences of an} increase i❑ seepage from Warren L a k c unless (a) the activities of the Developer are the proximate cause of such increased seepage and ( b ) the seepage occurs within two ecars from the date of substantial completion of excavation and fill of each phase of excavation and fill activity. This .Agreement is not intended to nor does it create any right or duties to any third parties on the part of the Developer or the City and all Icgat responsibility is expressly limited to this agreement between the City and the Developer ns sct forth herein. This paragraph shall only be effecticc it the Developer elects to utilize existing Warren Lake materials for the fill, furthermore, if the Developer utilizes "imported" fill. this entire paragraph (F') shall be null and void and of no cf f cct. -5- 3. MisceIIaneous 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 approved by the Director of Engineering. B. The Developer shall, at all times, keep the public right-of- wav free from accumulation of waste material or rubbish caused by the Developer's operation; shall remove such rubbish no Tess 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-ol'-way. The Developer further agrees to maintain the finished street surfaces free from dirt �suscd be the Developer's operation. Any excessive accumu- ation of dirt and/or construction materials shall be considered sufficient cause for the Cite to withhold build- ing permits and/or certificates of occupancy until the problem is corrected to the satisfaction of the Director of Engineering. 11 the Dcvcloper tails 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 pavmcnt 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. AWhen 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 and without limitation, said control inav consist of seeding of op1)rovcd grasses. temporary dikes, gabions, and/or otter devices. E. The Dcvcloper shall, pursuant to the terms of this sgrce- mcnt, complete all improvcmcnts ❑nd perlorm all other obligations required herein, as such improvcmcnts or obliga- tions may be shown on the original plat and related docu- ntcnts. or on any rcplat subscqucnti� I iled by the Developer, and the City may withhold such building permits and certi- ficates of occupancy as it deems nccessary to ensure perfor- mance hereof. F. nothing herein contained shall be construed as a waiver of -6- 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. 1. This Agreement shall run with the real property herein 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 herein 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 anv 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 clement hereof. In the event either partv shall fail or refuse to perform according to the terms of this Agrccment, such party may be declared in default. I❑ the event a party has been declared in default hereof, such defaulting party shall be allowed a period of five (5) da%s within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: (a) terminate the Agrccment and seek damages, (b) treat the Agreement as continuing and require specific performance; or, (c) avail itself of any otlicr remedy at law or equity. L. In the ,vent of the default of any of the provisions hereof by either party which shall require the party not in deCautt to commence legal or cquitahle action against said defaulting party, the defaulting party shall be liable to the non -defaulting party for the non - defaulting partv's reasonable attornev's fees and costs incurred by reason of the default. Nothing herein shall be construed to prevent or interfere with the Citv's rights and remedies specified in Paragraph ; E of this Agreement. -7- ATTE T: Citv Clerk APPROVED AS TO FORM: Cite Attoincv THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation B_v: C. City ,Ylanager DEVELOPER: SOLLENBERGER DEVELOPMENT CORP., a Colorado Corporation chacl F. Sollcnberger, (Corporate Scat) ATTEST: lk . 'Osbor Attorney' OWNER SOLLENBERGER DEVELOPMENT CORP., a Colorado Corporation 4.fichacl F. Sollci �ergcr. Presid i t Corporate Seal) \ 1 FFST: _ -- --- +3;ivid L. Osbor41tornev, 8- A B� WARREN LAKE RESERVOIR COMPANY, a Colorad Mutual Irrigation Corporation I� B,,: Ron id uCC, Pr dent -9- )orate scat)