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HomeMy WebLinkAboutUNDERHILL AT FORT COLLINS PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-05DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this IO tk day of lr Qom, A.D. 1982-, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and UNDERHILL AT FORT COLLINS, INC., a Colorado corporation, hereinafter referred to as "the Developer," WTTNFCCFTW 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: Underhill at Fort Collins, a planned unit development, located in the northwest quarter of Section 22, Town- ship 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, 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 plans or material not included herein, and WHEREAS, the ditch company is willing to grant to applicant this right upon the terms and conditions hereinafter expressed; NOW, THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed as fol].ows: 1. The ditch company grants unto applicant the right to construct, install and maintain the above described auto bridge, sanitary sewer line and water line across and under the existing ditch of ditch company, and further grants unto the applicant the right for ingress and egress to a part of its ditch as shall. be reasonable and necessary for the exercise of the rights granted herein. 2. Applicant will, upon the completion of the project, furnish the ditch company an "as built" exhibit further supplementing in final form the work done. 3. Applicant has paid to ditch company an application fee in the amount of One Thousand Fifty and No/100 ($1050.00) Dollars for the grant of this right-of-way. This shall be determined a minimum initial payment to cover preliminary expenses, such as legal work, time and car use of superintendent and/or Directors; review of the application; and other preliminary matters, and does not include the costs of any Director meetings required to consider this matter. In addition thereto applicant agrees to pay such additional, reasonable and necessary expenses of the ditch company for legal services, Board meetings, i.nspectinn of the works by the ditch company's President, engineers and/or superintendent when billed. 4. The construction herein contemplated shall be in strict accordance with the final set of plans set forth in Exhibit "A" Any excavations or changes in the present ditch, shall be backfilled, compacted and stabilized to the entire satisfaction of the ditch company. All compaction for dikes shall be done to ninety-five (95%) percent standard Proctor density. The dikes shall he in conformance with the plans for construction of the several lines. Said work shall be done under the supervision of the superintendent or other designated agents of the ditch company. 5. All construction shall be commenced and completed prior to April 15, 1982, and applicant agrees that said construction shall in no way interefer or impede the flow of water.. 6. The applicant and the City agree to maintain the ditch so long as said ditch shall exist underneath the bridge. 7. Upon the completion of the project, the applicant shall promptly notify the ditch company and all parties shall jointly inspect the ditch at the place of the several constructions. If there are anv deficiencies in the work of the applicant or any variations from the plans set forth in Exhibit "A", the applicant shall forwith remedy the same and in so doing the applicant shall meet all reasonable requirements of the ditch company and the City for the protection of the ditch and surrounding property. 8. It is the intent of this Agreement that applicant shall exercise care in the construction of said bridge and crossings, and accordingly it is thereby recognized by and between the parties hereto that the ditch company is .in no way responsible for any damages caused by such construction or the structure now or thereafter, and this convenant shall be binding upon applicant and the City. 9. The project shall be without cost to the ditch company and the applicant shall hereby indemnify and forever hold the ditch company harmless from liability for damages caused by the project. The parties hereto agree that the ditch company right-of-way referred to above exists "by right of prescription" and is the dominant estate fcr the bed of the ditch and so much of the land upon each side as shall be necessary for the proper maintenance of the ditch, except as may be previously modified by usage or or recorded agreement; and since this right -of. -way by prescription is not clearly defined because the land has previously not been developed, the parties desire to define this right-of-way by instrument of record. Applicant, or the land owner whom applicant represents, agrees to furnish ditch company a survey of the existing right-of-way or as same shall have been mutually agreed to, and applicant, or landowner whom applicant represents, agrees to execute his or its quit claim deed to such right-of-way in favor of the ditch company but subject to all of the rights over and across said ditch right-of-way herein or heretofore granted to applicant or others. 10. Applicant shall make provisions for accessable right- of-way and access around south end by temporary turn around as shown on Sheet 3 11. The ditch company shall have full power to operate, maintain, alter, enlarge or relocate its ditch as if this agreement had not been made and any expenses caused thereby to the applicant shall not be chargeable to the ditch company. 12. In the event either the applicant or the ditch company shall be in default in any of their covenants, herein so as to require the party not in default to retain counsel to attempt to enforce the covenants by negotiations or otherwise, or to commence legal or equitable action against the defaulting party, the defaulting party agrees to pay all reasonable expenses of said litigation incurred by the enforcing party, including but not limited to, docket fees, depositions and reasonable attorney fees. 13. Applicant agrees to record this Agreement or an executed copy thereof with attachments at its own expense with The Clerk and Recorder of Larimer County, Colorado and furnish evidence of such recording to the ditch company. THIS AGREEMENT shall extend to and be binding upon the heirs, successors and assigns of the respective parties hereto. IN WITNESS whereof, the parties hereto have caused this agreement to he executed the day and year first hereinabove written. ROBERT T. SMI'I'H 11 Approved and accepted :-- MONROE INDUSTRIAL BANK CATHERINE S. SMITH r e�t i (SEAL) ATTEST: Title. (SEAL) ATTEST: Assistant Secretary STATE OF COLORADO ) ss. County of. Larimer ) THE CITY OF FORT COLLINS, COLORADO, a muni ipal corporation, i By;( cC Ti e C'fy Mara9er r� �5 L) THE Nr' MERCER DITCH COMPANY, a olora p mutual rri do corporation, B Pr ident. Acknowledged before me this 31-4-t day of. March, 1982, by ROBERT T. SMITH and CATHERINE S. SMITH, Witness my hand and official seal. My Commission Expires: f/'� -/ _92, (SEAL) N to y Public --_— Address //0 C,6�&A &Z. _ STATE OF COLORADO ) ss County of Larimer ) Acknowledged before me this a 0f8 day of mFVrehi, 1982, by SoAn L /�rno l d as Ci { �/iLir-7 cwr and attested to by %(.)0.no)A �✓�. 1cek as i 1_, of THE CITY OF FORT COLLINS, OLORADO, a riunicipa corporation. Witness my hand and official seal. My Commission Expires: My 14, 1984 (SEAL) No r- try Public Address a� c t c,� V•_ ti<-ate STATE OF CO:LORADO ) ss. County of Larimer ) Acknowledged before m this3l� day of March, 1982 by as and attested to by rngy�Qp, G as of THE. NEW MERCER DITCH COMPANY, a Colorado mutual it igation corporation. Witness my hand and official seal. My Commission expires: /7-SIL (SEAL)Nffoal No a_y Pu ic Address 1/0 STATE OF CO:LORADO ) ss. County of Larimer ) Acknowledged before me this S(6-- day of March, 1982, by as 5,,�_�, r— and attested to by as _ of THE MONROE INDUSTR AL BKNK. Witness my hand and official seal. My Commission Expires:�jT�t �� T (SEAL) )" 7I/ Notary Pu lic Address _E/ 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 premises and the terms and conditions acknowledged by the parties hereto, it is agreed as follows: 1. General Conditions. A. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, side- walks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the Council approved standard 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 any time limitations as provided by Ordinance. B. 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 struc- ture have been completed and accepted by the City. No build- ing permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. -2- C. 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 determines that any water lines, sanitary sewer lines, storm sewer facilities and/or streets shown on the utility plans are required to provide service or access to other areas of the City, those utilities shall be installed within the time determined by the City Engineer as referred to under "Special Conditions" in this document. D. 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 facilities necessary to serve the lands within the develop- ment. E. 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 indivi- dual lot service lines leading in and from the main to the property line. F. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. -3- 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. G. All storm sewer facilities shall be so designed and con- structed as to protect the downstream properties and to adequately serve the property to be developed (and other lands as may be required, if any). The developer hereby agrees to indemnify and hold the City harmless from any and all claims that might arise, directly or indirectly, as a result of the discharge of storm drainage or seepage waters from the devel- opment in a manner or quantity different from that which was historically discharged. H. 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 construc- tion. 2. Special Conditions. A. Water lines (oversizing, payback, etc.). The City shall repay the Developer for the material cost of oversizing of the water main in Underhill Drive from an B" main to a 12" main. B. Sanitary sewer (oversizing, payback, etc.). Not Applicable. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). The Developer shall complete all drainage facilities before issuance of building permits amounting to 27 units building -4- permits or certificates of occupancy for 14 units. The City shall not be responsible for maintenance of drainage facili- ties not within right-of-way. D. Streets (oversizing, traffic lights, signs, etc.). The Developer agrees to participate in an improvement district for Prospect Road. If no improvement district is formed, the Developer shall submit street plans for approval and construct Prospect Road no later than August 30, 1985. 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 Engi- neer 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 director. 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. He further agrees to maintain the finished street surfaces free from dirt caused by his operation. Any excessive ac- cumulation or dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to -5- 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 his expense and he 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 ceasinq 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 buil- ding permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. F. This Agreement shall be binding upon the parties hereto, their successors, grantees, heirs, personal representatives, and assigns and shall be deemed to run with the real property above described. G. 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. ATTEST: City Clerk APPROVED: y (� A/ ire or of rPubl'c Wor 117 City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation t By: City Manager UNDERHILL AT FORT COLLINS, INC., a Colorado corporation Catherine S. Smith, President -7- 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. A G ft E E M I: N T. THIS AGREEMENT is made and entered into this 315fday of March, 1982, by and between ROBERT T. SMITH and CATHERINE S. SMITH, hereinafter designated as "applicants", and THE CITY OF PORT COLLINS, COLORADO, a municipal corporation, hereinafter designated as "City", and THE NEW MERCER DITCH COMPANY, a Colorado mutual irrigation corporation, hereinafter designated as "ditch company" PROJECT The development of a Planned Unit Development comprised of Phases I, near or on Westbrook Drive, entitled "The Underhill P. U. D.". The details of the project will consist of a forty (40) foot auto bridge over and across the New Mercer Ditch; an eight (8) inch sanitary sewer line under the ditch, and a twelve (12) inch water line under the ditch. WITNESSETI3 : WHEREAS, the ditch company is the owner of an irrigation ditch and t'ne right-of-wsy therefor through land being developed as "The Underhill P.U.D." south of Prospect Street and west of. shields Street, in the City of Fort Collins, County of I,ar.imer, and State of Colorado; and WHEREAS, applicant desires to construct and install a forty (40) foot auto bridge, an eight (8) inch sanitary sewer line, and a twelve (12) inch water line over and under ditch company's ditch at the location above described and further detailed in the Exhibits attached hereto and made a part hereof by reference; and WHEREAS, attached hereto is Exhibit "A" dated 3-31-82 sheets 3,5,6, and 6a (consisting of/ xzkorocksc) prepared by Engineering Professionals Inc., dated 3-31-82 — detailing plans of such construction and WHEREAS, Exhibit "A" sets forth all. of the plans and specifications for the work, and the terms of this grant shall in no way be modified or chanced by any subsequent or. related