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HomeMy WebLinkAboutLAURIE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-11DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into thisday of w by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and CLASSIC CUSTOM BUILDERS, INC., a Colorado Corporation, 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, (hereafter referred to as the "Property") and legally described as follows, to wit: LAURIE SUBDIVISION, P.U.D. situate in the East 1/2 of Section 3, Township 6 North, Range 69 West of the 6th P.M., Fort Collins, Larimer County, 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 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 is hereby acknowledged, it is agreed as follows: 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) the Developer's rights to develop the Property under the terms and conditions of this Agreement. J. In the event the Developer transfers title to the Property and is thereby divested 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. K. 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 five (5) 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. L. 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.E of this Agreement. 10 THE CITY OF FORT COLLINS, COLORADO, a Mu Corporat' n By:�("7/"����/ City Manager ATTEST: L ytitJ CITY CLERK" J APPROVED AS TO CONTENT: �//c'^c� Director of Engineers APPROV D AS TO FORM: G�� Llzd City Attorney DEVELOPER: r1 ATTEST: By: %w u,�tirce Lisa E. Spencer, Secretary/Treasurer 00m LDERS, INC. tion / dent (corp rates 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. Not Applicable. 4. Schedule of storm drainage improvements to be installed out of sequence. Not Applicable. 12 EXHIBIT "B" NOT APPLICABLE 13 Any change in grade, contour or appearance of said property and/or any stripping or removal of vegetation or topsoil caused by, or on behalf of, the Developer with the intent to construct improvements thereon. B. All water line trenches, sanitary sewer collection line trenches, 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 water lines, fire hydrants, sanitary sewer lines and streets (with at least the base course completed) serving such structure have been completed and accepted by the City. Residential structures on lots 5, 6, 7, and 8 shall be constructed with a residential fire sprinkler system. The design for said sprinkler systems must be approved by the Poudre Fire Authority prior to the issuance of a building permit for each of said lots. 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 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 except the water and sanitary sewer, but including the water and sanitary sewer trenches, 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 has met or exceeded 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 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 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 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. 3 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. 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 pursuant to 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 pursuant to 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 pursuant to 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, except for those improvements related to the arterial street improvements along Shields Street as described in and subject to the conditions of Paragraph II.D of this agreement, shall be completed by the Developer in accordance with the approved plans prior to the issuance of more than 2 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 said approved plans. 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 is also required to post a security deposit prior to beginning construction to guarantee the proper installation and maintenance of the erosion control measures shown on the approved Plan. Said security deposit shall be made in accordance with the criteria set forth in the Storm Drainage Design Criteria and Construction Standards. 3. The Developer shall submit individual erosion control, vegetation disturbance, and revegetation plans for review and approval by the City Stormwater Utility, Natural Resources Department, and Planning Department, as described in and subject to the conditions of Paragraph II. E. of this agreement, prior to issuance of any building permit for lots 2,3,4,5, and 8. City staff will conduct on -site inspection throughout the construction of utilities, streets, driveways, and residences to insure compliance with all approved documents and plans. 4. The Developer shall be responsible for the maintenance of all storm drainage facilities located outside the dedicated public street rights -of -way, including the entire Open Space, Drainage, and Conservation easement. The Developer shall provide the City with a two year warranty of the drainage and landscape improvements, including the revegetation and erosion control measures associated with wildlife habitat mitigation activities required for the project, which warranty shall be in effect commencing upon City acceptance of the drainage and landscape improvements as shown on the approved utility, site, and landscape plans. During the two year warranty period, the Developer shall be responsible for all irrigation, mowing, and weed control to establish the vegetation. The Developer shall take all actions that are necessary to insure that the Homeowner's Association accepts the duty of the maintenance of said drainage improvements, landscaping, and erosion control measures (except as described in subparagraph (a) below), at the end of the two year warranty period if the vegetation is established in accordance with the approved utility, site, and landscape plans and the City Storm Drainage Criteria and Construction Standards. If, at the end of the two year warranty period, the vegetation is not established according to said City Standards and approved plans, the Developer shall remain responsible for maintenance of said landscaping until 61 such time as it is established according said Standards and approved plans. The City shall be responsible for maintaining storm drainage facilities within the dedicated public street rights -of -way. (a) The Developer shall take all actions that are necessary to insure that the owners of lots 5 and 6 accept the duty of maintenance of the drainage improvements on said lots and that the owner of each of lots 1 through 10 accepts the duty of maintenance of all landscaping on said lots 1 through 10 subject to the conditions of the two year warranty period described above. 5. The Developer and the City recognize that an irrigation ditch serving the Applewood Estates subdivision has been routed through the Property in a pipe and that seepage from said pipe may impact the groundwater levels in the Development (Laurie Subdivision, P.U.D.) Accordingly, it is agreed that the City shall not be responsible for any damages or injuries sustained in the Development as a result of groundwater seepage, whether resulting from groundwater flooding, structural damage, or other damage, unless such damages are sustained as a result of the City's failure to properly maintain its storm drainage facilities in the Development. D. Streets. 1. The Developer and the City agree that the Developer is obligated to construct certain public improvements on South Shields Street consisting of one-half of the local street access portion of improvements in accordance with the Street Oversizing Policies of the City along the full frontage of this development. There presently exists no improved arterial street frontage along the properties adjacent to this development on either the north or the south side. Therefore, the Developer shall have the option to either construct the arterial street improvements in accordance with the provisions of subparagraphs (a) and (b) below, or to deposit with the City cash to be used by the City to pay for the future construction of said improvements. The amount of said cash shall be equal to the estimated cost to construct said improvements, which estimate shall be prepared by the Developer and approved by the City, plus 15% to cover the cost of construction engineering, surveying, and project management. Said cash shall be deposited with the City prior to the issuance of a building permit for either of lots 9 or 10. Any interest earned by the City as a result of said deposit shall be the property of the City to cover administration and inflation in order to assist the City in making reimbursement to the party that constructs said improvements. The Developer and the City agree that if the Developer opts to deposit cash with the City in lieu of constructing the arterial street improvements, no street oversizing reimbursement is due the Developer for this development. 3 (a) In lieu of depositing cash with the City, the Developer shall have the option to construct the arterial street improvements for Shields Street along the full frontage of this development. Prior to the issuance of building permits for either of lots 9 or 10 and prior to commencing any construction of the arterial street improvements, the Developer shall submit utility plans for said improvements to the City for review and approval. No certificate of occupancy for either of lots 9 or 10 shall be issued until said arterial street improvements are completed in accordance with the approved utility plans and accepted by the City. (b) Subject to the conditions of this Agreement, the City will reimburse the Developer for oversizing public street improvements along Shields Street for those portions of said street abutting the Property as shown on the approved utility plans. Reimbursement for Shields Street shall be for oversizing-the street from residential standards to arterial street standards. The City shall make reimbursement to the Developer for the aforesaid oversized street improvements in accordance with Section 24-121 of the Code of the City. The Developer agrees and understands that the City shall have no obligation to make reimbursement payments for street oversizing unless funds for such payments shall first have been budgeted and appropriated from the Street oversizing Fund by the City Council; and the Developer further understands that to the extent that funds are not available for such reimbursement, the City may not, in the absence of the Developer's agreement, require the construction, at the Developer's expense of any oversized portion of streets not reasonably necessary to offset the traffic impacts of the development. The Developer does hereby agree to construct the aforesaid oversized street improvements with the understanding that the Developer may not be fully reimbursed by the City for the cost of such construction. The Developer further agrees to accept payment in accordance with Section 24-121 (d) of the Code of the City as full and final settlement and complete accord and satisfaction of all obligations of the City to make reimbursements to the Developer for street oversizing expenses. It is anticipated by the City that the City's reimbursement, in accordance with Section 24-121(d), would not be less than fifty percent (50%) of the Developer's actual expenses incurred and will be calculated in accordance with the formula as set forth in Section 24-121 (d). 7 E. Natural Resources 1. Prior to commencing any "development activities", as described in Paragraph I.A. of this agreement, the Developer shall meet with the City Planning and Natural Resources Departments to review the conditions of the approved site, landscape, and utility plans as they relate to said "development activities" and construction of improvements. 2. Prior to issuance of building permits for any of lots 2,3,4,5, and 8, and prior to commencing "development activities" (as described in Paragraph I.A. of this agreement) on said lots, individual erosion control, vegetation disturbance, and revegetation plans must be approved by the City Planning, Storm Drainage, and Natural Resources Departments as noted on the approved site and landscape plans and as provided in Paragraph II.C.2.(a). (a) Prior to commencing said "development activities", the Developer shall stake on the property the limits of disturbance as delineated on the approved site and utility plans. Any modifications (1) to the boundaries of said limits of disturbance or (2) to the erosion control plan, or revegetation plans approved by the City, and/or any "development activities" proposed outside of said limits of disturbance, within the conservation easement, and/or on lots 2,3,4,5, or 8 except as approved by the City, shall require review and approval by the City Natural Resources Department prior to commencement. 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 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 0 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 insures that its 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 development at the earliest practicable time. By way of explanation and without limitation, said control. may consist of seeding with 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 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. F. 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. 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. I. This Agreement shall,run with the Property and shall be binding upon the parties hereto, their 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 Developer's real or proprietary interest in the Property, as well as any assignment of 9