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HomeMy WebLinkAboutSTONE RIDGE PUD SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2004-02-26DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this —day of 199`, by and between the CITY OF FORT COLLINS, COL DO, a Municipal Corporation, hereinafter referred to as the "C THE KAPLAN COMPANY, INC., a Colorado Corporation, hereinafter referred to as the "Developer"; and Harold R. Webster, an individual, 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: STONE RIDGE, P.U.D., SECOND FILING, a Tract of land located in the South Half of Section 29, Township 7 North, Range 68 West of the Eth 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 plain, 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: 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. M11 EXHIBIT "B" NOT APPLICABLE 11 EXHIBIT "C" EROSION CONTROL AGREEMENT Stone Ridge P.U.D., Second Filing This AGREEMENT is entered in this 30th day of June, 1993 by and between The Kaplan Company, Inc., developer of property approved by the City of Fort Collins for development and known as the Stone Ridge P.U.D., Second Filing; First Interstate Bank of South Fort Collins, lender to The Kaplan Company, Inc. for the subdivision improvements for the Second Filing of the Stone Ridge P.U.D., (the "Project"); and the City of Fort Collins. WHEREAS, the City of Fort Collins has adopted "Construction Erosion Control Criteria" (Resolution 91-44), concerned with large areas disturbed by construction activities; and WHEREAS, such criteria require that in the event a development site is abandoned by the developer for whatever reason, that the City is provided the right and an adequate funding source to properly revegetate the entire disturbed area in dryland grasses; and WHEREAS, the platted area of the Project contains 17.0 acres and the area of off -site easements where drainage improvements and sanitary sewer improvements will occur is subject to a September 3, 1992 Erosion Control Agreement between the same parties, thereby resulting in a total area of 17.0 acres potentially requiring revegetation; and WHEREAS, the City has accepted as its contractor for erosion control revegetation the company of Environmental Concerns, Inc. of Loveland, Colorado, which has bid to the developer the sum of $14,450.00 to revegetate the entire 17.0 acres in the unlikely event the area of the Project is disturbed by the developer and then abandoned; and WHEREAS, the First Interstate Bank of South Fort Collins (the "Bank") is the development lender for the Project, and the sum of $95,000 has been budgeted for both landscaping and irrigation of the platted area consistent with the City -approved Final Landscape Plan, which sum is substantially greater than the quote for erosion control revegetation; and WHEREAS, by landscaping the platted area consistent with the City -approved Final Landscape Plan, the developer will satisfy the City of Fort Collins' "Erosion Control Criteria," NOW, THEREFORE, BE IT AGREED BY THE PARTIES that, if after disturbing the area of the Project, the developer, for whatever reason, abandons the Project or does not proceed with its timely completion, thereby, making the area susceptible to erosion by wind or water, then the following guarantee is made and events shall occur. 1. The Bank guarantees the City through this Agreement that the sum of $14,450.00 from the development loan shall be reserved and set aside for the benefit of the City for the completion of erosion control measures by the City, in the event such measures are so required. However, at such time as the Project, in the course of development improvements, becomes ready for the installation of final landscaping by the developer, the City agrees to release the Bank of said guarantee to allow the reserved funds to be applied to landscaping and revegetation (and for no other purpose) pursuant to the development loan. 2. If deemed necessary by the City, the City shall notify the developer in writing, with a copy to the Bank, that due to developer's failure to complete the Project, the disturbed area has become susceptible to erosion by wind and water. The developer shall have ten (10) days from receipt of notice either a) to commence development activity in a manner which reasonably satisfies the City that the identified erosion control issues have been addressed, or b) subject to whether the time of the year permits, to commence revegetation activity consistent with the Erosion Control Criteria or in an alternative manner acceptable to the City, which could include regrading the area and commencing farm crop activity. 3. In the event the developer does neither of the above, the City shall provide a letter of Notice and Demand to the Bank, which letter may include a demand on the Bank for an amount not to exceed $14,450.00 for the expressed purpose of revegetating the area susceptible to wind and water erosion. Upon receipt of said letter, the Bank or any successor in interest shall have an additional twenty (20) days to undertake either of the remedial courses of action described above. If neither is commenced within this thirty (30) day period, then the bank shall satisfy the monetary demand so set forth by the City. 4. All revegetation as required by this Agreement shall be completed within 14 days of the date of commencement. This Erosion Control Agreement shall have the same force and effect in ensuring the City of any required rehabilitation of the site as would a performance bond, irrevocable letter of credit, or cash escrow. IN WITNESS WHEREOF, the parties have executed this Agreement year first above written. The City of Fort Collins, A municipal Corporation By: By:�("�1 '. Steven C. Burkett City Manager Attest: the day and the y r _. 3.., , o Von ?E�ui :�!?� Attorney First Interstate Bank of Subject to the execution of loan documents for the South Fort Collins development loan referenced in 6th full paragraph of page 1 of this agreement. By: � i Attest:�� First, T-iiterstate Bank South The Kaplan Corporation, Inc. By: T �.i' �. Attest Lester M. Kaplan President f -' 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. 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 basin 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 (6601) 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. 2 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 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 3 Reverse Mylars upon completion of any phase of the construction. K. The Developer specifically represents that to the best of its knowledge all portions of the Property dedicated to the City associated with this development are in compliance with all environmental protection and anti -pollution laws, rules, regulations, orders or requirements, including solid waste requirements, as defined by the U. S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, and that such portions of the Property as are dedicated to the City pursuant to this development, are in compliance with all such requirements pertaining to the disposal or existence in or on such dedicated property of any hazardous substances, pollutants or contaminants, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated thereunder. The Developer does hereby indemnify and hold harmless the City from any liability whatsoever that may be imposed upon the City by any governmental authority, pertaining to the disposal of hazardous substances, pollutants or contaminants, and cleanup necessitated by leaking underground storage tanks, excavation and/or backfill of hazardous substances, pollutants or contaminants, or environmental cleanup responsibilities of any nature whatsoever on, of or related to any property dedicated to the City pursuant to this development. The Developer further agrees to indemnify and hold harmless the City from any claims or actions based directly, indirectly or in any manner on any of the aforementioned environmental risks brought against the City by third parties arising as a result of the dedication of portions of the Property to the City pursuant to this development. Said indemnification shall not extend to claims, actions or other liability arising as a result of any hazardous substance, pollutant or contaminant generated or deposited by the City, its agents or representatives, upon portions of the Property dedicated to the City pursuant to this development. II. Special Conditions A. Water Lines Not Applicable. B. Sewer Lines Not Applicable. C. 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 10 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. In order to guarantee the proper installation and maintenance of the erosion control measures shown on the approved Plan, the Developer shall provide the City with a security deposit prior to beginning construction. Said security deposit shall be made in accordance with the criteria set forth in the Storm Drainage Design Criteria and Construction Standards. With regard to this development it is agreed that the security and guarantee in the form attached hereto as Exhibit "C" is acceptable and shall be completed and executed prior to commencement of any construction in the area defined within said Exhibit "C." 3. The Developer and the City agree that the storm drainage system for this development contains some features that make it important to construct the facilities in accordance with the plans and to ensure that the facilities are maintained and kept operational throughout the buildout of this development. For this reason the following additional requirements shall be followed for building on Lots 9 through 17, 23 through 34 and 36 through 43: The drainage improvement system required to be constructed on the above Lots shall be completed in accordance with the approved utility plans and said completion shall be certified as being in accordance with said plans by a licensed professional engineer. Said certification by such engineer that the drainage systems' function and adequacy to serve its purpose has not been impaired by the construction and landscaping on said lot shall be submitted to the City prior to the issuance of a certificate of occupancy for each of the above lots. D. Streets. 1. The Developer and the City agree that no street oversizing reimbursement is due the Developer for this development. E. Ground Water 1. The Developer and the City recognize that soil borings in this development have indicated the presence of shallow ground water :Levels. Accordingly, it is agreed that the Developer shall be allowed to install a subdrain system designed to help prevent water from seeping into basements of homes constructed within the development in accordance with the approved plans for this development. The Developer and the City agree that the City 5 shall not be responsible for the maintenance of said subdrain system and that it shall be the responsibility of the Developer to maintain said subdrain system. The City shall not be responsible for, and the Developer hereby agrees to indemnify the City against, any damages or injuries sustained in the development as a result of groundwater seepage, whether resulting from groundwater flooding, structural damage or other damage unless such damages or injuries are sustained as a result of the City's failure to properly maintain its water, wastewater and /or storm drainage facilities in the development. 2. The Developer and the City agree that the subdrain system approved for construction with this development is designed specifically for this development. No other drainage systems nor subdrain systems from other developments shall be allowed to tie into said subdrain system. 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 agrees that it will require its subcontractors to 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. 0 D. 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. E. 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. F. 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. G. 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. H. 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. I. 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. J. 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 7 performance or; (c) avail itself of any other remedy at law or equity. K. 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.D of this Agreement. L. The Owner is made a party to this Agreement solely for the purpose of subjecting the Property to the covenants contained in this Agreement. The City and the Developer expressly acknowledge and agree that: the Owner shall not be liable for any obligations of the Developer under this Agreement, unless the Owner were to exercise any of the rights of the Developer in which event the obligations of the Developer shall become those of the Owner. ATTEST: �9"2 .i /CITY CLERK APPROVED AS TO CONTENT: Director of Eng THE CITY OF FORT COLLINS, COLORADO, a Muni ipal Corporation By: C, City Manager E DEVELOPER: THE KAPLAN COMPANY, INC a Colorado Corporation By �1 Lester M. Kaplan, Pr ident ATTEST: Robert L. Hiller, Sed1etary XSSI/ •-5_ec . Harold R. Webster, an individual