HomeMy WebLinkAboutQUAIL HOLLOW PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-30DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this '^`'� day of August, A.D.
1986, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corpo-
ration, hereinafter referred to as "the City," and d. JENSEN ENTERPRISES,
INC., a Colorado Corporation, hereinafter referred to as "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:
QUAIL HOLLOW P. U. D. FIRST FILING, being a Replat of a por-
tion of Dixon Creek P.U.D., located in the Northwest Quarter
of Section 28, Township 7 North, Range 69 West, of the 6th PM
City of Fort Collins, County of Larimer, State of Colorado.
WHEREAS, the developer desires to develop said property and has sub-
mitted 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 utility
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
oper 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 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 incorporated 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
filed 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. In addition, it is agreed
and understood between the developer and the City that the
City shall have the right to refuse issuance of building per-
mits and certificates of occupancy in the subject development
as the City, in its sole discretion, shall deem necessary in
order to insure performance by the Developer of any other
obligation the Developer may have to the City, whether pursu-
ant to other development agreements, or otherwise.
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 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 hereinafter 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 any such transfer
of interest.
K. Each and every term and condition of this Agreement shall be
deemed to be 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
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 specified in Paragraph 3
E of this Agreement.
ATTEST:
City
APPROVED AS TO FORM:
n7rfeer
;�w
ty Attorney
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By C
LJO---
City Manager
d. J n Enterprises, Inc.
a G or do Corjmvation
nsen
ATTEST:
(corporate sea])
Wo y F. Way er, ecre ary
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.
See Paragraph 2.D
4. Storm drainage improvements to be installed out of sequence.
Not applicable.
EXHIBIT "B"
The Development Agreement for Quail Hollow P. U. D. First Fi1ina_.
This exhibit does not apnly to this develonment.
COST ESTIMATE FOR MAJOR DRAINAGE INPROVEhIENTS
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.
S
/C.Y. $
(c)
C.Y.
$
/C.Y. $
Sub -Total 5
EXHIBIT B - Page 2
ITEM
3.
(a)
(b)
4.
(a)
DESCRIPTION
Right-of-way & easement acquisition
Sub -Total
Professional Design
Other
UANTITY UNIT COST
TOTAL COST
S.F.
S
/S.F. $
Ac.
$
/Ac. $
$
Lump Sum $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
Prepared by:
Address:
Ti tl e:
$
WHEREAS, the City has approved the subdivision plat and/or site 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.
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:
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 therefore, or (3) Any
change in the grade, contour or appearance of said property
caused by or on behold 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 stan-
dards 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 utility, subject to a two (2)
year time limitation from the date of execution of this
agreement. In the event that the Developer commences or per-
forms any construction pursuant hereto after two (2) years
from the date of execution of this agreement, 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 specifications of the City
on file in the Office of the City Engineer 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 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 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,
curbing, gutter, sidewalks, bikeways and other municipal
development.
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 utilities shown on the utility draw-
ings 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 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 con-
structed by the Developer as to protect downstream and adja-
cent 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 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
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 be
intended for the benefit of the City, subsequent purchasers
of property in the development and downstream and adja-
cent property owners all of whom shall be third party benefi-
ciaries of said agreement between the Developer and Engineer.
I. The Developer shall pay 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. The basin fee payable by the Developer
shall be reduced by the estimated cost of said eligible
improvements. Upon completion of such eligible improvements,
the amount of such reduction shall be adjusted to reflect the
actual cost. If the cost of the eligible improvements con-
structed by the Developer and described in the above men-
tioned exhibit exceeds the amount of the storm drainage fees
payable for the development, the City shall reimburse the
excess cost out of the Storm Drainage fund upon completion of
the improvements and approval of the construction by the
City.
J. The Developer shall provide the City Engineer with certified
Record Utility Drawing Transparencies (as builts) on Black
Image Diazo Reverse Mylars upon completion of any phase of
the construction.
2.
Special Conditions.
A. Water lines.
The Developer agrees to repay the City for his portion of the
16" water main in Drake Road in the amount of $11.67 per lin-
ear foot of development along said water line plus an infla-
tion factor to be computed by application of the following
formula, which utilizes the Denver Construction cost index
published in the June 11, 1981 issue of the Engineering News
Record (ENR).
(X - Y) x 100 x $11.67 x FF = Inflation Factor, where
Y
X = ENR Denver Construction Cost Index published the month
before reimbursement is made.
Y = ENR Denver Construction Cost Index published the month in
which the line was completed (June 11, 1981).
FF =Total footage of this development which is adjacent to
said water line.
Such payment shall be due upon request for the first building
permit.
B. Sewer lines.
Not Applicable.
C. Storm drainage lines and appurtenances.
All storm drainage improvements, including landscape improve-
ments within the drainage tracts shown on the utility plans
(on file in the City Engineer's Office) shall be completed
and accepted by the City prior to the issuance of more than
14 building permits. In addition, the developer agrees to
maintain all landscaping on the drainage tracts for two years
from satisfactory completion of installation, or until the
landscaping is established and healthy as determined by the
City, whichever is longer. In the event more than 14 build-
ing permits are requested before the above conditions are
met, the Developer shall secure three written bids from con-
tractors licensed to work in Fort Collins for the work yet
uncompleted and/or in the case of the landscaping, mainte-
nance yet to be performed, and establish an escrow account,
for the benefit of the City, in the amount of 150% of the
average of the three bids. Said escrow account shall be
funded by either cash deposit, assignment of certificates of
deposit or other like account, or delivery of unconditional
letter of credit.
D. Streets.
(i) The City agrees to repay the Developer for oversizing Drake
Road (for the south one half width) for the entire frontage of
this development from local to arterial street standards in
accordance with Section 99-6F of the Code of the City of Fort
Collins.
When payment is requested by the Developer, the City's obli-
gation for payment shall be limited to those funds then bud-
geted, appropriated, and available by the City for that
development or work then completed.
(ii) The developer agrees to construct the South 1/2 of Drake
Road improvements in conjunction with the construction of the
North 1/2 of Drake Road improvements required by the Brown
North 1/2 of Drake Road improvements required by the Brown
Farm, 7th Filing. The improvements to Drake Road shall be
completed (or a Special Improvement District formed) to com-
plete the improvements prior to December 31, 1987, or the
issuance of more than 29 (twenty nine) building permits,
whichever shall first occur.
E. Landscaping.
(i) The Developer shall be responsible for maintaining the lands-
caped areas along Drake Road. The Developer shall execute
sufficient documents of restrictive covenant (in form accept-
able to the City), requiring the owners of the lots 1, 27
through 33, 37 and 38 to faithfully maintain all landscaping
as is located in the public right-of-way immediately adjacent
to and behind the rear or side lot lines, as applicable, of
the subject lots. Further, said covenants shall require
that the owners of lots 1, 27, 37 and 38 shall be responsible
for maintenance of additional landscaped areas on said lots,
as shown on the Phase I Landscape Plan for the development,
dated August 21, 1986. The aforesaid covenants shall, in
addition to requiring maintenance by the respective owners of
said lots, include provisions for the City to perform such
maintenance on the default of the owners, and assess the cost
thereof against the lot of the defaulting property owner.
Nothing contained herein, or contained in said covenants,
shall be deemed to require the City to perform such mainte-
nance and assess such costs, it being understood that pursu-
ant to Section 79-7(B) of the Code of the City, the City may
prosecute such default as a misdemeanor violation of the Code
pursuant to Section 1-23 thereof.
(ii) In order to facilitate the aforesaid maintenance obligation,
the Developer shall install three foot wide gates in the
fence of each lot abutting said landscaped right-of-way to
provide access for the lot owners to said right-of-way.
(iii) The Developer shall install a drip irrigation system for the
purpose of providing irrigation of all trees and shrubs
located in said Drake Road right-of-way and in the additional
landscaped areas adjacent to Drake Road on lots 1, 27, 37 and
38. No installation of said irrigation system shall be com-
menced until the City has approved the design and construc-
tion plans thereof. The City shall assume responsibility for
the maintenance and operation of said irrigation system upon
the passage of two years from the City's approval of the
installation thereof. Preparation of all legal documents,
including, without limitation, restrictive covenants and deed
restrictions, if any, shall be the obligation of the Devel-
oper, but the City reserves the right to review and approve
all of such documents.
3. Miscellaneous.
A. The Developer agrees to provide and install, at the Devel-
oper's expense, adequate barricades, warning signs and simi-
lar safety devices at all construction sites within the pub-
lic 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 streets and keep the surfaces 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 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 Devel-