HomeMy WebLinkAboutPONDEROSA PARK PUD REPLAT - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-26DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this '" today of August, 1987,
by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
("the City"), and JOHN D. MARTIN and ELOISE R. MARTIN, ("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:
A Replat of a Part of Ponderosa Park P.U.D. (Phase III
and IV), in the Northeast 1/4 of Section 16, 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 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 util-
ity 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 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
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 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
attorneys' fees and costs incurred by reason of default.
Nothing herein shall be construed to prevent or interfere
with the City's rights and remedies specifier] in Paragraph 3
E of this Agreement.
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ATTF,ST:
pyd�+City Cler
APPROVED AS TO FORM:
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By
City Manager
Assistant City Attorney
DEVELOPER: /
-JqMn D. Martin
Eloise R. Martin
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FXHTRTT °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. Storm drainage improvements to be installed out of sequence.
Not applicable.
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EXHIBIT "Q"
The Development Agreement for Replat od Ponderosa Park P.U.D..
This exhibit does not apply to this development
COST ESTItAATE FOR MAJOR DRAINAGE IhPROYEI�__NTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
I TE t-1
5
DESCRI?TION
Storm sewer, manholes, end sections, etc.
Sub -Total
Channel excavation, detention pond
excavation and riprap
Sub -Total
QUANTITY U.:!T C-ST TnT:d (TCT
L.f. /L.f. S
L.f.
Ea. Ea. S
=a• Ea. S
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C.Y:
S /C.Y.
5
C.Y.
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C.Y.
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EXHIBIT Q - page 2
ITEM
3.
(a)
(b)
__ UESC� 101i
Right-of-way & easement acquisition
Sub-Tctal
Professional Design
Other
UA,JTITY _UNIT COST TOTAL COST
c.
S
/Ac.
S
S
Lump Sum S
Total estimated cast of Storm Drainage i, provements eligible for
credit or City repayment
S
Prepared by:
Ti tl e:
Address:
plan submitted by the Developer subject to certain requirements and
conditions which involve the installation of and construction of utili-
ties and other municipal improvements in connection with said lands.
NOW, THEREFORE, in consideration of the promises of the parties
hereto and other good and valuable consideration, the receipt and ade-
quacy of which is hereby acknowledged, it is agreed as follows:
1. General Conditions.
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the subject prop-
erty described above. For the purposes of this Agreement,
"development activities" shall include, but not be limited,
to the following: (1) The actual construction of improve-
ments, (2) Obtaining a building permit therefor, or (3) Any
change in the grade, contour or appearance of said property
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 City Engineer at the time of
approval of the utility plans relating to the specific util-
ity, subject to a two (2) year time limitation from the date
of execution of this agreement. In the event that the Devel-
oper commences or performs any construction pursuant hereto
after two (2) years from the date of execution of this agree-
ment, the Developer shall resubmit the project utility plans
to the City Engineer for reexamination. The City may require
the Developer to comply with approved standards and specifi-
cations of the City on file in the Office of the City Engi-
neer at the time of resubmittal.
C. No certificate of occupancy shall be issued for 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 structure
have been completed and accepted by the City. No building
permits shall he 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 City Engineer 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
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 sewer facilities and appurtenances, and all streets,
curbiM , gutter, sidewalks, bikeways and other public
improvements required by this development a- shown on the
plat, utility and landscape plans, and other approved docu-
ments pertaining to this development on file 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 from the main to the property
line.
G. The installation of all water and sanitary sewer trenches,
arx9 storm drainage lines and appurtenances shown on the util-
ity drawings shall be inspected by the Engineering Division
of the City and shall be subjected 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 aoplicable 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 con-
structed by the Developer as to protect downstream and adja-
cent properties against injury and to adequately serve the
property to be developed (ark] 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
No
drainage or seepage waters from the development in a manner
or quantity different from that which was historically dis-
charged 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 mainte-
nance 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 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 relin-
quishment 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 also be
intended for the benefit of the City and subsequent purchas-
ers of property in the development.
I. The Developer shall nay storm drainage basin fees in accor-
dance with Chapter 93 of the City Code. Storm drainage
improvements eligible for credit or City repayment under pro-
visions of Chapter 93 are described together_ with the esti-
mated cost of the improvements on the attached Exhibit "B",
which improvements shall include right of way, design and
construction costs.
J. The Developer shall. provide the City Fngineer with certified
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Record Utility Drawing Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the construc-
tion.
Z. SDecial Conditions.
A. Water lines.
(i) The City agrees to reimburse the Developer for the cost of
installing the 6" water line between Ponderosa Drive and Pon-
derosa Court.
(ii)The City agrees to reimburse the Developer for the cost of
abandoning 3 of the 4 water lines shown on the utility plans
as "to be abandoned".
B. Sewer lines.
Not Applicable
C. Storm drainage lines and appurtenances.
(1) Prior to the issuance of more than 4 building permits the
Developer shall complete (and obtain City's approval for) all
and storm drainage facilities (including the detention ponds
in Tracts "B" and "C") as shown on the utility plans.
(ii)The maintenance of Tracts "B" and "C" and all storm
drainage lines and appurtenances shall be the responsibility
of the Homeowners Association.
D. Streets
(i) The Developer and the City agree there will be no street
oversizing reimbursement associated with this project.
E. Other
(i) It is understood that the improvements on the Hoffman prop-
erty associated with this development shall be in compliance
with the agreement between the Hoffmans and the Developer.
(ii)The Developer and the City agree to amend the "AGREEMENT FOR
PHASED DEVELOPMENT OF PONDEROSA PARK P.U.D." dated June 5,
1987 to allow the construction of Phase III and Phase IV to
begin prior to the completion of Phase II. The amended phas-
ing of this development shall be in the following sequence:
Phase I (completed); Phase III and IV (subject of this Agree-
ment); with Phase II being the last.
S:'E
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 Engineer
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 City Engineer.
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 rub-
bish no less than weekly and, at the completion of the work,
shall remove all such waste materials, rubbish, tools, con-
struction equipment, machinery, and surplus materials 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 accumulation of
dirt and/or construction materials shall he considered suffi-
cient cause for the City to withhold building permits and/or
certificates of occupancy until the problem is 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 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
dC
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 ero=ion (either by wind or
water) is likely to be a problem, the surface area of ero-
dible earth material exposed at any one time shall not exceed
200,000 square feet for earthworks operations. Temporary or
permanent erosion control shall be incor n rated into the sub-
division at the earliest practicable time. By way of explana-
tion 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
file] by the Developer, and the City may withhold such build-
ing permits and certificates of occupancy as it deems neces-
sary 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.
C. 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 bud-
geted are contingent upon funds for that purpose being appro-
priated, budgeted and otherwise made available.
I. This Agreement shall. run with the real. property herein above
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,
assignment of any portion of the Developer's proprietary
interest in the real property hereinafter 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 herein after transfers title to
such real property and is thereby divested of all equitable
and legal interest in =aid 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.
K. Each and every term and condition of this Agreement shall he
deemed to he a material element thereof. 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 said default. In the event the default
remains uncorrected, the party declaring default may elect