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HomeMy WebLinkAboutQUAIL HOLLOW PUD SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-30DEVELOPMENT AGREEMENT ,r THIS AGREEMENT, made and entered into this -Z—/ day of March, 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, ("the City"), and d. JENSEN ENTERPRISES, INC., a Colorado Corporation, ("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. SECOND FILING, heing a Replat of a portion of Dixon Creek P.U.D., located in the Northwest Quar- ter of Section 28, Township 7 North, Range 69 West, of the 6th P M, City of Fcrt Collins, County of Larimer, State of Colorado. WHEREAS, the developer desires to develop said property and has suh- 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 D. When the inspector determines that erosion (either by wind or water) is likely to he 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 obligatinns 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. Nothino 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 -10- 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 herein descrihed, 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 Develoner 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. Fach 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 he declared in default. In the event a party has been declared in default hereof, such -11- defaulting party shall he 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 a,. 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 he 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. -12- ATTEST - APPROVED AS TO FORM: ty En n e��_ -- ATTEST: �u 6 g agn Secretary THE CITY OF FORT COLLIMS, COLORADO A Municipal Corporation/ R� W ,ity Manager -13- C y Attorney DEVELOPER: d. Jensen Enterprises, Inc. a Colo7ado Corporation By: L_. Dan R. denser, 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. See Paragraph 2.D 4. Storm drainage improvements to be installed out of sequence. Not applicable. _14_ EXHIBIT "6" The Development Agreement for Quail Hollow P.U.D., Second Filing. This exhibit does not apply to this development. COST ESTIt.IATE 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 I. Storm sewer, manholes, end sections, etc. (a) L.f. /L.f. $ (b) L.f. /L.f. $ (c) Ea. Ea. 5 -(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 $ EXHIBIT B - Paye 2 ITEM DESCRIPTION 3. Right-of-way & easement acquisition (a) (b) Sub -Total 4. Professional Design (a) UANTITY UNIT COST TOTAL COST S.F. S /S.F. $ Ac. S /Ac. $ $ Lump Sum $ 5. Other (a) $ (b) $ (c) $ Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared by: Ti tl e: Address: 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. MOW, THEPEFORF, in consideration of the promises of the parties hereto and other need 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 Fnoineer 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 -2- 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 Citv on file in the Office of the City Fngineer at the time of resubmittal. C. No building permit for the construction of ary 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 print, 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 he shrwn on the utility plans and shall be installed by the Developer within the time as established under "Special Corditinns" in this document. F. 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, -3- curbing, gutter, sidewalks, bikeways and ether municipal development required by this development as shown on the plat, utility and landscane 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 1ine. r. 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 - strutted 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 -4- drainage or seepage waters from the development in a manner cr 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 -5- construction costs. J. The Developer shall provide the City Fngineer with certified Record Utility Drawing Transparencies (as builts) on Black Image Diazo Peverse Mylars upon completion of any phase of the construction. ?. 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. (i)The City agrees to reimburse the Developer for the cost, of installing the 8" sanitary sewer line under Pasquinel Drive from the North property line of Quail Hollow P.U.D. to the Forth R-D-W line of Drake Road. Reimbursement shall be made after the City's acceptance of said sewer line. C. Storm drainage lines and appurtenances. All storm drainage improvements, including landscape improve- M 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 12 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. D. Streets. (i) The City agrees to repay the Developer for oversizinp 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. Prior to the issuance of more then 12 building permits in the in the Second Filing the Developer agrees to construct the South 1/2 of Drake Road improvements for both the First and the Second Filing of this development, as shown in the util- ity plans on file in the City Engineer's office. The City will not issue additional building permits before the said improvements have been completed and accepted by the City. 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 and 50 faithfully maintain all landscaping as is located in the pub- lic right-of-way immediately adjacent to and behind the rear or side lot lines, as applicable, of the subject lets. Fur- ther, said covenants shall require that the owners of lots 1 and 50 shall be responsible for maintenance of additional landscaped areas on said lots, as shown on the Phase II Landscape Plan for the development, dated Parch, 1087. The aforesaid covenants shall, in addition to requiring mainte- nance by the respective owners of said lots, include provi- sions 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 maintenance and assess such costs, it being understood that pursuant to Section 79-7(B) of the Code of the City, the City may prosecute such default as a misde- -7- meanor violation of the Code pursuant to Section 143 the- reof. (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 and 50. No installation of said irrigation system shall be commenced until the City has approved the design and construction plans thereof. The City shall assume responsibility for the maintenance and operation o passage of two years from tl lation thereof. Preparation ing, without limitation, restrictions, if any, shall oper, but the City reserves all of such documents. ' said irrigation system upon the ie City's approval of the instal - of all legal documents, includ- restrictive covenants and deed be the obligation of the Devel - the right to review and approve F. FIRE REQUIREMENTS (i) It is acknowledged by both parties that Lots 23 through 29 of this development exceed the 660' dead end cul-de-sac requi- rement as stated in Section l paragraph C of this agreement. Building permits for these Lots shall be issued by the City provided the residential dwelling units on said Lots have a Poudre Fire Authority approved residential sprinkler sys- tem shown on the plans, or the second point of access is pro- vided in future approved filings in such a way to as to com- ply with the maximum 660' cul-de-sac length requirement. Building permits will not be issued for said Lots prior to the Poudre Fire Authority's approval of the building plans, if the 660' dead end cul-de-sac requirement is not met. Miscellaneous. 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 M 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. Tf 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- 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. KIM