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HomeMy WebLinkAboutVILLAGES AT HARMONY WEST PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-10DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 31s day of Au u5- , A.D. 1983, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and BOB PETERSON, owner, 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: Villages at Harmony West P.U.D., First Filing, located in the Southeast Quarter of Section 34, Township 7 North, Range 69 West of the Sixth P.M., City of Fort Col Tins, 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 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: AittlCl&erk �� APPROVED: le i it r o Public W s L_. Ci y Attorney — THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By 4 1 i9 f�- / ] i _"f City, ,Mapdpr,. �; r C Y hGElt Owner Bob Peterson -10- 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. The construction of Harmony Road, including any Code required off - site improvements will be constructed prior to July 1, 1985. 4. Storm drainage improvements to be installed out of sequence. See paragraph 2.C. rvilT.TT iin" The Development Agreement for Villages at Harmony West P.U.D., First Filing COST ESTIMATE 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 1. Storm sewer, manholes, end sections, etc. (a) 18" R.C.P., Cl. III (D.P. No. 1) 205 L.f. 20.35 /L.f. $ 4,171.75 (b) 36" R.C.P., Cl. III (D.P. No. 5) 77.5 L.f. 41.45 /L.f. $ 3,212.38 (c) 4' dia. manhole (9.3' deep) 1 Ea. 1,035.00 Ea. $ 1,035.00 (d) 5' dia. manhole (6.5" deep) 1 Ea. 1,180.00 Ea. $ 1,180.00 (e) End section for 36" dia. R.C.P. 1 Ea. 580.00 Ea. $ 580.00 (f) End section for 18" dia. R.C.P. 1 Ea. 330.00 Ea. $ 330.00 (g) Conc. inlet structure for 18" R.C.P. w/ trash and safety guard 1 Ea. 770.00 Ea. $ 770.00 Sub -Total $11,279.13 2. Channel excavation, detention pond excavation and riprap; Pleasant Valley and Lake Canal relocation (includes 10% contingency) (a) Detention Pond No. 1 and Canal Cut 43,344 C.Y. $ 1.20 /C.Y. $ 52,012.80 relocation Fill 33,234 C.Y. $ 0.90 /C.Y. $ 29,910.60 (b) Detention Pond No. 5 and open channel Cut 6,555 C.Y. $ 1.20 /C.Y. $ 7,866.00 Fill 4,417 C.Y. $ 0.90 /C.Y. $ 3,975.30 (c) riprap 155 C.Y. $ 46.30 /C.Y. $ 7,176.50 (d) riprap bedding 40 C.Y. $ 12.90 /C.Y. $ 516.00 Sub -Total $101,457.20 EXHIBIT B - Page 2 ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 3. Right-of-way & easement acquisition (a) Detention Pond No. 1 8.29 Ac. $20,000/Ac. $165,800.00 (b) Detention Pond No. 5 and open channel 2.13 Ac. $20,000/Ac. $ 42,600.00 Sub -Total $208,400.00 4. Professional Design (a) Lump Sum $ 16,500.00 5. Other (a) 5' wide conc. trickle pan 1,590 L.F. 14.85/L.F. $ 23,611.50 (b) 4' wide conc. trickle pan 1,375 L.F. 10.75/L.F. $ 14,781.25 (c) bentonite sealing of relocated canal 1,375 L.F. 30.00/L.F. $ 41,250.00 (d) seeding of detention ponds and open channel 10.42 Ac. 500.00/Ac. $ 5,210.00 Subtotal 84,852.75 Total estimated cost of Storm Drainage improvements eligible for credit or City repayment $422,489.08 Prepared by: Michael C. Ketterling, P.E Address: Parsons and Associates 432 Link Lane Plaza Fort Collins, Colorado 80524 Title: Project Engineer EXHIBIT "X" -- — — _ 5082 . y . - . • NorSe"t00 • RD ci % • • ° 63 • . • n, • ' • d3 2 . ° • DI M . p • I y I if• . • __ -_ / r z • r I -� - �� � 83 49 T I i 48 n 47 20.7 44 66 . li ■ i . \ 8 // ���� -Z Ni�fellan. g 52.5 I� /;t Y 79 I 52.EI v� 46 �45��� ,Basn�Alo_. - 17.9 f 80 85 29.2 n 70 p3 �X �TpF /V1 �LArF. I 32 8 d.. Deienilon y / Fa / w %'%V-� Pond f_Jot 1 Z 54 •75 i / YI FiIbur -Y A < 10 7 9.8 0— -- z 7 20/y 19 71 - � (87 -\ 38.5 V 30 UPPER BASIN 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 pay storm drainage basin fees in accor- dance with Chapter 93 of the City Code. Storm drainage improvements will be installed in accordance with the provi- sions of Section 2.B. of this agreement. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 93 are described together with the preliminary estimated cost of the improvements on the attached Exhibit "B", which improvements shall include land acquisi- tion, design and construction costs. The basin fee payable by the Developer shall be reduced by the estimated cost of said -4- eligible improvements. Upon completion of such eligible improvements, the amount of such reduction shall be adjusted to reflect the actual cost. I. 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 agrees to repay the Developer for oversizing the water lines (materials only) in Seneca Street and Regency Drive to 12" from 8" in accordance with the Code of the City of Fort Collins Article 11241.A. B. Sanitary sewer (oversizing, payback, etc.). The Developer agrees to pay the City the Warren Lake Trunk Sewer Basin Fee at the rate of $178.00 per acre, due upon request for first building permit. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). (ii) Storm drainage facilities shall be constructed by the Developer and approved by the City Engineer prior to the release of twenty (20) building permits and ten (10) Certificates of Occupancy. Hi The utility plans call for the construction of Pond #1 and for the relocation of the Pleasant Valley and Lake Canal, which construction and relocation is for the purpose of providing storm drainage protection for Phases I and II of Pineview PUD against storm drainage flows from that development presently known as the Villages of Harmony West and other developments which may later be completed within the 195 acre upper basin as shown on the map attached hereto as Exhibit "X". It is understood and -5- agreed that the City will not be responsible for finan- cial participation in the construction of Pond #1 or the relocation of the Pleasant Valley and Lake Canal until development within the upper basin as defined on Exhibit "X" has been substantially completed. (For the purposes of this paragraph, substantial completion of the upper basin shall mean that the upper basin shall be at least sixty percent (60%) fully developed and con- structed.) The cost of construction shall include only engineering design costs and actual construction costs. In the event that the Developer elects to relocate the Pleasant Valley and Lake Canal and/or construct Pond #1 prior to the substantial development of the upper basin, such construction and relocation shall be accomplished solely at the expense of the Developer and the City shall have no obligation to participate in such construction nor to pay any carrying charges on the costs of such construction or relocation, provided, however, that the City shall, upon the Developer's written request, credit the City verified and approved cost of such relocation and construction against the basin fees for the Villages at Harmony West. Further, as other development occurs within the upper basin as defined on Exhibit "X", the City will remit any basin fees collected in connection with such development to the Developer as partial payment of the costs of said relocation and construction until such time as said costs are fully repaid. Notwith- standing the foregoing, when the upper basin is substan- tially developed (60% fully developed and constructed) the balance of the repayment will be made by the City as provided by Code. It is further understood and agreed that if the applicable basin account of the Storm Drain- age Fund contains insufficient funds to make payment of the total amount due from the City to the Developer, the City shall pay such amount as is available and the City staff shall recommend to the City Council that appropri- ation be made in the following year's Budget to pay the balance plus interest at the rate of eight percent M) per annum. The aforesaid interest (if approved by the City Council) shall commence, with regard to the cost of engineering design and for the costs of construction, at the time the improvements are completed and accepted by the City. The only costs to be reimbursed by the City are the costs of the easement acquisition, engineering design and actual construction, and the City shall not be responsible for the payment of any costs other than those indicated above. am (iii) In the event that the Developer should construct any temporary detention in order to provide storm drainage protection, the City shall not be obliged to make repay- ment for the costs of construction of any such temporary detention, or other temporary storm drainage facilities, except to the extent that such detention or other facili- ties shall function to reduce the cost of construction of the final improvements as defined in paragraph (ii) of this section. In the event that such detention or other facilities shall be determined by the City to reduce the cost of said final improvements, repayment for such temporary facilities shall be made upon the same basis as is outlined in paragraph (ii) of this section. (iv) With regard to the easement acquisition costs in connec- tion with Pond #1 and the relocation of the Pleasant Valley and Lake Canal, it is agreed that the City will acquire from the Developer said easements for the stipu- lated price of Thirteen Thousand Two Hundred Dollars per Acre ($13,200.00/acre) with payment to be made to the Developer when sufficient funds are available in the basin account. In the event that sufficient funds are not available during 1983, the City staff shall recommend to the City Council that appropriation be made for the land acquisition costs (including interest) in the 1984 budget. In the event that the Council shall make appropriation in the 1984 budget, prompt payment shall be made when such funds are budgeted and appropri- ated in which event interest (if approved by the City Council) shall accrue at the rate of ten percent (10%) per annum commencing at the time of filing of the final plats and continuing thereafter until payment is made. (v) Upon completion of the various storm drainage improve- ments which are the subject of this section, and accep- tance thereof by the City, the Developer shall convey, by deed of dedication, such land as is necessary for the location, maintenance and repair of the said ponds and other related improvements. Notwithstanding the fore- going, the Developer shall continue to be responsible for the maintenance of all plantings located upon the dedicated property and will irrigate, mow, trim or otherwise maintain all green areas within the boundaries of the said dedicated property. -7- D. Streets (oversizing, traffic lights, signs, etc.). The City agrees to repay the Developer for oversizing Seneca Street to collector standards and Harmony Road to arterial standards in lieu of local street standards in accordance with the Code of the City of Fort Collins Article 99-6 F. The City agrees to repay the Developer for oversizing Regency Drive to collector standards in lieu of local street standards in accordance with the Code of the City of Fort Collins Article 99-6 F, except for any costs pertaining to the median. The Developer may be entitled to reimbursement for the construc- tion of Harmony Road in accordance with the Code of the City of Fort Collins Article 99-6 B(6). The Developer agrees to submit final plans for Harmony Road and Shields Street no later than September 15, 1983. 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 of 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 IM 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 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 buil- ding permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. ME