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HomeMy WebLinkAboutPULSE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-02-09DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this _aQ� day of , A.D. 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and D & S Properties, Inc., a Colorado Corporation, Seafirst Real Estate Group, Inc., a Washington Corporation, and Federal Deposit Insurance Corporation of Oklahoma City, Oklahoma, hereinafter collectively 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: Pulse P.U.D. Filing One, being a Replat of "Wind Trail Condominiums" located in the Northwest Quarter of Section 23, Township 7 North, Range 69 West of the Sixth P.M. to the 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 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 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 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 he -in after 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 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. -10- 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 for (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. 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. -11- T1A�ln City Clerk APPROVED: Ci y'EKgineer AM City Attorney ATTEST: Seal ATTEST: 'r ,•': -•fir,;•: t4 ri, '•°^�.,�z P OF WAS:i%�� THE CITY OF FORT COLLINS, COLORADO A Mu nic al Corpora , By: City Manager D & S Properties, Inc., Colorado Corporation By 'do Wjp?,17 Ix id Huber, President Seaf'y st Rel.-%� t to -coup, Inc.,a Wash to-n c rp a on By:/ -12- Peter F. Parker, Special Credit Officer ATTEST: Seal Federal Deposit Insurance Corporation of Oklahoma City, Oklahoma By�/rD�Q Bank rLiquidation Specialist -13- 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. Storm drainage improvements to be installed out of sequence. The Importation Canal design shall be completed (and approved by the City) by July 31,1987, with construction completed prior to the issuance of more than 4 Building Permits. -14- The Development Agreement for EXHIBIT "U" Pulse P.U.D. COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS Include only those major storm drainage basin improvements required by an adopted basin master plan. Reference Importation Channel Improvements (Spring Creek to Shields Street) Project No. 65-14-1 October 1982 Prepared by Engineering Professionals, Inc. ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 1. Storm sewer, manholes, end sections, etc. (a) 21" Type III RCP (b) (c) (d) Sub -Total 2. Channel excavation, detention pond excavation and riprap (a) Excavation (Including Haul) (b) Fill ( in place) (c) Rip Rap( in place) (d) Liner & gravel filter (in place) Sub -Total 88 L.f. 30.00 /L.f. $ 2,640 L.f. /L.f. $ Ea. Ea. S Ea. Ea. 5 $ 2,640 5,000 C.Y. S 3.00/C_y, S 15,000 3,000 C.Y. $ 2.00/C.Y. $ 6,000 650 C.y_ $ 20.00/C.Y. $ 13,000 200 3.00 600 $34, 600 i_?:iid[[ 1I H 'd(je 2 11EH DESCRIPTION 3. Right-of-way & easement acquisition ( a) NONE: (b) Sub -Total 4. Professional Design (a) Construction Staking & Observation 5. Other (a) Relocation of 30" Water Main (b) Seeding ( Fine grading, Fertilizer, Seed & Drilling) (c) QUANTITY UNIT COST TOTAL CO' S.F. S /S.F. S Ac. /Ac. s S 6%± Lump Sum $ 4,000 Lump Sum 60,000 Sq. Ft Subtotal Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared by: Title: Project Manager Address: Parsons& Associates 432 Link Lane Plaza Fort Co ins, Colorado 895Z4 ?n inn 15 S 9,000 S $ 29,700 $ 70,940 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 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 property described above. 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. B. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, sidewalks, and bi kepaths 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 utility, subject to a two (2) year time limitation from the -2- date of execution of this agreement. In the event that the Developer commences or performs 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. -3- 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 public improvements required by this development as shown on the plat, utility and landscape plans, 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 utilities shown on the utility 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 applicable to such installation. In case of conflict, the utility drawings shall supercede 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 to be developed (and other lands as may be required, if any). The Developer has met or exceeded 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 -4- 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 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 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 93 of the City Code. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 93 are described together with the -5- estimated 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 constructed by the Developer and described in the above mentioned 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 on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. 2. Special Conditions. A. Water lines. Not Applicable B. Sewer lines. Not Applicable C. Storm drainage lines and appurtenances. (i) The City and the Developer agree that all on -site and off -site storm drainage improvements, except for the Importation Canal, shall be completed by the Developer and accepted by the City prior to the issuance of a Certificate of Occupancy for any Building. The Importation Canal shall be completed by the Developer and accepted MM by the City prior to the release of more than 4 building permits. (ii) The Importation Canal is eligible for repayment from the Storm Drainage Fund providing the provisions of Chapter 93 of the Code of the City are satisfied. Repayment shall be made in accordance with Exibit "B" attached. Final construction plans for the Importation Canal shall be submitted by the developer (and approved by the City) by July 31,1987. (iii)The Developer agrees to revegetate and provide all other reasonable errosion control material as required by the City to stabilize all over -lot grading in and adjacent to this development. the errosion control measures must be completed by the Developer prior to acceptance of storm drainage improvements by the City. D. Streets. (i) The City and the Developer agree that the street improvements shall be completed prior to the issuance of any Certificate of Occupancy. The street improvements required for this development are planned for completion in the Centre for Advanced Technology Special Improvement District No. 90 (the S.I.D.) project. If the streets are not completed with the S.I.D. and the Developer desires to construct less than all of the improvements shown on the approved utility plans, then the Developer shall be required to promptly revise the approved utility plans and receive City approval of the revisions prior to beginning construction. (ii) The Developer is eligible for reimbursement of the costs to construct the oversized portion of Shields Street in excess of local street standards, with the exception of the median between West Stuart Street and Hobbit Street and the north bound right turn lanes for Stuart Street and the Developer's driveway, which shall be constructed for the Developer's purposes at the Developer's sole expense. The Developer is also eligible for reimbursement of costs to construct the portion of West Stuart Street from Shields Street east to the first driveway for the pavement width in excess of the local street width. Such reimbursements shall be made in accordance with Section 99-6.F, of the Code of the City, provided however, if the improvements are constructed as a part of the -7- S.I.D., the terms and conditions for Street Oversizing reimbursement shall be specified in the S.I.D. Master Agreement. E. Building Permit (i) The General Conditions, Item "C", of this Development Agreement are hereby amended to allow for the issuance of up to 4 Building Permits prior to the completion of the public improvements. All public improvements shall be constructed and Accepted by the City prior to the issuance of a Certificate of Occupancy. 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 his 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 free from dirt caused by his 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 me 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 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 erodable 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 subdivision at the earliest practicable time. By way of explanation 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 building permits and certificates of occupancy as it deems 502