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HomeMy WebLinkAboutMALLARDS AT THE LANDINGS PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-08-16DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of Decanber A.D. 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corpo- ration, hereinafter referred to as "the City," and B.K. MAXWELL, TNC., a Colorado corporation, hereinafter referred to as "the Developer." WITNFSSEI'H 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: The Mallards at the Landings P.O.D., located in the Southeast Quarter. of Section 36, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property and has sub- mitted to the City a subdivision plat and/or a site plan and landscape 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 satmitted to the City a utility plan for said lands, a copy of which is on file in the office of the City Engi- neer 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 WHEREAS, the City has approved the subdivision plat and/or site plan and landscape plan subnitted by the Developer subject to certain require- ments and conditions which involve the installation of and constriction 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 d�velooment acti- vities of the Developer pertaining to the subject property described above. For the purposes of this Agreement, "devel- opment activities" shall include, bat 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 improve- ments 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 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 date of execution of this agreement. Tn the event that the Developer commences or performs any con- struction pursuant hereto after two (2) years from the date of execution of this agreement, the Developer shall resutxnit the project utility plans to the City Engineer for reexamination. The City may require the Developer to conply 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 per- mits 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 Fxhibit "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 shown on th.e utility plans and shall be installed by the Developer within the time as established under "Special Conditions" in tl-As document. E. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary sewer and storn sewer facilities and appurtenances, and all streets, curbing, gutter, sidewalks, bikedays and other public improve- ments required by this development as shown on the plat, util- ity and landscape plans, and other approved documents pertain- ing to this development on file with the City. 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. individual lot service lines leading in and rrrym the main to the property line. G. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Department of the City and shall be subjected to such department's approval. The Developer agrees to correct any deficiencies in such installa- tions 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. -2- H. All storm drainage facilities shall be so designed and con- structed 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 indi- rectly, as a result of the discharge of injurious storm drain- age or seepage waters from the development in a manner or - quantity different from that which was historically discharged and caused by the design or constriction of the storm drainage facilities, except for 0 ) such claims and damages as are caused by the acts or omissions of the City in maintenance & such facilities as have been accepted by the City for mainte- nance; (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 Devel- oper); and (3) specific directives as may he given to the Developer by the City. Approval V and acceptance by the City of any storm drainage facility design or construction shall in nn manner he deemed to constitute a waiver or relincuishnent 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 enuagement shall he intended for the benefit of the City, and subsequent purchasers of property in the development. T. The Developer shall pay stone drainage basin Fees in accor- dance with Chapter 26, Article VII of the City Code. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 26 are described together with the estimated cost of the improvements on the attached Exhibit "B", which improvements shall include right of way, design and construction costs. See Section 2.C, Special Conditions, con- struction costs. See Section 2.C, Special Conditions, Storm Drainage Lines and Appurtenances, for specific instructions. J. The Developer shall provide the City Engineer with certified Record Utility Drawing Transparencies on Black Tmage Diazo Reverse Mylars upon completion of any phase of the construc- tion. 2. Special Conditions. A. Sewer lines. The developer agrees to pay the City $129.49 per unit (for a total of $5956.54) for the Warren Lake Trunk Sewer. Said pay- ment is due prior to the issuance of the first building per- mit. B. Water_ Tines. Not Applicable -3- C. Stonm drainage lines and appurtenances. (i) Prior to the issuance of more than 11 building permits, the Developer shall complete (and obtain the City's approval for ) all storm drainage facilities and appirtenances as shown on the utility plans. (ii) The Developer agrees to revegetate and provide all other resonable erosion control material as required by the City to stabilize all over -lot grading in and adjacent to this devel- opment. D. Streets. (i) The Developer and the City agree that no street oversiz- ing reimbursement is die the Developer for this develop- ment. (ii) Prior to the acceptance of the street improvements by the City, the Developer shall pay the City $3,300 for the Developer's proportionate share (4 feet of the sidewalk width) of the f.utire cost of constriction of a sidewalk 550 feet in length along harmony Road. 3. miscellaneous A. The Developer agrees to provide and install, at his expense, adexqiate barricades, warning signs and similar safety devices at all constriction sites wit'nin the piblic right-oF-way and/or other areas as deemed necessary by the City Engineer in accordance with the City's "Work Area Traffic Control Hand- book" and shall not remove said safety devices until the con- striction 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 ribbish caused by the Developer's operation, shall remove such ribbish no less than weekly and, at the completion of the work, shall remove all such waste materials, rubbish, tools, construction eciipment, machinery, and surplas materials from the piblic right-of-way. The Developer further agrees to ,maintain the finished street sirfaces free from dirt caused by the T`evel- oper'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 intil the problem is corrected to the satisfact- ion of the City Engineer. Tf the Developer Fails to ade- giately clean Bich 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 erodible 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 seed- ing of approved grasses, temporary dikes, gabions, and/or other devices. F. 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 on any replat subsequently filed by the Developer, and the City may withhold such building permits and certificates of occupancy as it deems necessary to ensure perfonnance 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 bud- geted are contingent pon funds for that pu muse 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, a conveyance or assignment of any portion of the Developer's real or proprietary interest in the real property herein after described, as well as any assignment of the Developer's rights to develop such property under the terns 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. In such event, the succeeding property owner shall be bound by the terms of this agreement. 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 terns of this Agreement, such party may be declared in default. In -5- 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 to: (a) teminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific perfonnance; 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 coitmence 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. Noth- ing herein shall be construed to prevent or interfere with the City's rights and remedies specified in Paragraph 3 E of this Agreement. -6- ATTEST: )City Clerk APPROVED AS TO FORM: City ty Attorney ATTEST: By; SF,CRF'FARY By: THE CTTY OF FORT COLLINS, COLORADO A h1an1C pal Corporra on BY � t City Manager B. K. MAXt4EL[., TNC Corporation / rice N1. FroAety, (Corporate Seal) a Colorado -7-