HomeMy WebLinkAboutOVERLOOK AT WOODRIDGE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-13DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this-1004 day of 199' , by
and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City"; B & N INVESTMENTS, INC., a Colorado
corporation, DBA Woodcraft Homes, hereinafter referred to as the "Developer"; and
ARAPAHOE FARMS INC., a Delaware corporation, hereinafter referred to as the
"Owner".
WITNESSETH:
WHEREAS, the Developer has entered into an agreement with the Owner to
acquire ownership 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:
THE GATES AT WOODRIDGE, P.U.D., FIRST FILING, and THE OVERLOOK AT
WOODRIDGE, P.U.D., FIRST FILING, located in the Southwest Quarter of Section 34,
Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of
Larimer, State of 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) Any change in grade, contour or appearance of said property
caused by, or on behalf of, the Developer with the intent to construct
improvements thereon.
EXHIBIT B - Page 2
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST
3. Right-of-way & easement acquisition
(a) S.F. $ /S.F. $
(b) Ac. $ /Ac. $
Sub -Total S
4. Professional Design
(a) Offsite Drainage Analysis
Based on Letter to Stormwater Utility
(Susan Hayes) dated May 6, 1991
5. Other
( a)
(b)
(c)
Lump Sum
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
Prepared by: ' Stan Myers P.E. (RBD jmL.Title: Project Manager
Address: _2900 S. College Ave.
Ft. Collins, CO. 80526
$ 62400.00
$ 6.400.00
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
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. 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. 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.
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 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
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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.
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.
II. Special Conditions
A. Water Lines
Not Applicable
Sewer Lines
1. The Developer shall reimburse the City the sum of $178 per gross
acre for the cost of installation of the Warren Lake Trunk Sewer to serve the
development. Said reimbursement shall be paid prior to the time the first
building permit is issued for this development.
Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and off -site
storm drainage improvements shall be completed by the Developer in accordance
with the approved plans prior to the issuance of more than 13 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 plans. Said security deposit shall be made in accordance with the
criteria set forth in the Storm Drainage Design Criteria and Construction
Standards.
3. Due to the lack of information about the impact of the alignment
of existing culverts immediately downstream from lot 1 of The Gates at Woodridge,
P.U.D., (The Gates), and the potential for realignment of said culverts, the
Developer and the City agree that no building permit shall be issued for said lot
for a period of six months from the date of this Agreement. The Developer shall
perform the analysis/design for said culvert realignment and the City shall
reimburse the Developer for the cost of said analysis/design in accordance with
the City Code for actual documented costs (the estimated amount is shown on the
attached Exhibit "B"). If the design demonstrates that it is feasible to realign
said culverts and the City approves the realignment, then this agreement shall
be amended for purposes of revising Exhibit "B" to include the estimated cost for
said realignment as a reimbursable item pursuant to the City Code upon completion
of the improvements by the Developer. If the six month period expires and the
City has not made a decision or if the City determines that it is not feasible
to reconstruct the culverts, the culverts shall remain as they presently exist
and the Developer shall propose revisions to the utility plans that define the
high water elevation on said lot and the minimum opening elevations for the
building shall be set at least one foot higher than the high water elevation.
Upon the City approval of the revisions to said plans, this restriction on
issuance of a building permit shall be removed.
Streets.
1. Subject to the conditions of this Agreement, the City agrees to
reimburse the Developer for oversizing public street improvements along Harmony
Road and Seneca Drive for those portions of said streets abutting the Property
as shown on the approved utility plans. Reimbursement for Harmony Road shall be
for oversizing the street from residential standards to arterial standards.
Reimbursement for Seneca Drive shall be for oversizing the street from
residential standards to collector 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).
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 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.
A
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 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.
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THE CITY OF FORT COLLINS, COLORADO,
a Munic'pal Corporation
By: 4A—C
ity Manager
ATTEST:
CITY CL RK
APPROVED AS TO FORM
irecto bf Engineering
City Attorney
DEVELOPER:
B & N INVE
corporatiy
92
ATTEST:
By: . �
Li G. Berger, Secrets y e suy`e
ATTEST:
By;>; /i' ✓��ati�
Rob rta S. Martin, Secretary
(corporate seal)
, a Colorado
aft Homes
OWNER:
ARAPAHOE FARMS INC., a Delaware
corporation
Michael S. Byrne President
(corporate seal)
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.
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EXHIBIT "B"
The Development Agreement for The Gates at Woodridge First Filing
The Overlook at Woodridge First Filing
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.
(a)
L.f.
/L.f.
$
(b)
L.f.
/L.f.
$
(c)
Ea.
Ea.
$
(d)
Ea.
Ea.
$
Sub -Total $
2. Channel excavation, detention pond
excavation and riprap
(a) C.Y. $ /C.Y. $
(b) C.Y. $ /C.Y. $
(c) C.Y. $ /C.Y. $
Sub -Total $