HomeMy WebLinkAboutWOODLANDS CONDOMINIUMS PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-11-08111 :4Re tul010Yr:[H 4of2100DO0I
THIS AGREEMENT, made and entered into this I r" day of 4PeJL
199L, by and between the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as the "City"; and
AFFORDABLE HOUSING PARTNERS OF FORT COLLINS, L.P., a California
limited partnership, hereinafter referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the Owner of certain real property
situated in the County of Larimer, State of Colorado, (hereafter
referred to as the "Property") and legally described as follows, to
wit:
WOODLANDS FAMILY APARTMENTS P.U.D., (formerly known as the
Woodlands Condominiums P.U.D.) situate in the South 1/2 of the
Southwest 1/4 of Section 35, 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 the Property and has
submitted 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's 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.
promises, understandings, statements, representations, expressed or
implied, concerning this Agreement, unless set forth in writing
signed by all of the parties hereto. Further, paragraph headings
used herein are for convenience of reference and shall in no way
define, limit, or prescribe the scope or intent of any provision
under this Agreement.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: U t• •
Cit} anager
ATTEST:
CITY CLERK
APPROVED AS TO CONTENT:
Director of E:ngineeri
PPROVED �$` TO FORM:
I
As istant City Attor ey
DEVELOPER:
AFFORDABLE HOUSING PARTNERS OF
FORT COLLINS, L.P., a California
limited partnership
By: AFFORDABLE MULTI -FAMILY, INC.
aAaelA.
cor o ion,
Gn
By
sta. President
AT
,
(corporate seal)
K m er ng, Corporate
Secretary
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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.
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EXHIBIT "B"
NOT APPLICABLE
12
SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this ►8th day of Auqu5i,
A.D. 1980, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and WOOD BROTHERS
HOMES, INC., 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:
The Woodlands Condominiums, a Planned Unit Development
situated in the south half of the southwest quarter of
Section 35, Township 7 North, Range 69 West of the
Sixth Principal Meridian, City of Fort Collins, County
of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop said property as a resi-
dential subdivision and has submitted to the City a subdivision plat (and
a site plan if said property is to be developed as a Planned Unit Develop-
ment), 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
Director of Engineering Services 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 site plan
where applicable) submitted by the Developer subject to certain require-
ments 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, sidewalks, and
bikepaths shall be installed as shown on the approved utility
plans and in full compliance with the standard specifications
of the City on file in the Office of the Director of Engineer-
ing Services relating to the specific utility.
B. No building permit for the construction of any structure
within the subdivision shall be issued by the City until the
water line, fire hydrant, sanitary sewer, street (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 (6601) from a single point of access.
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 Director of Engineering Services deter-
mines that any water lines, sanitary sewer lines, storm sewer
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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 Director as referred to under Special
Conditions in this document.
D. All electric lines and facilities shall be installed in
accordance with the Electric Service Rules and Regulations,
the Electric Construction Policies, Practices and Procedures,
and specifications of the City of Fort Collins' electric
utility.
E. Except as otherwise herein specifically agreed, the Developer
agrees to install and pay for all water, sanitary sewer, storm
sewer and appurtenances, and all streets, curb, gutter,
sidewalks, and bikeways and other municipal facilities neces-
sary to serve the lands within the subdivision.
F. Street improvements (excepting curb, 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 draw-
ings shall be inspected by the Engineering Services Division
of the City and shall be subject to such department's ap-
proval. The Developer agrees to correct any deficiencies in
such installations in order to meet the requirements of the
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plans and/or specifications applicable to such installation.
In case of conflict, the utility drawings shall supercede the
standard specifications.
H. The Developer shall provide the Director of Engineering
Services with certified Record Utility Drawing Transparencies
of Black Image Diazo Reverse Mylars upon completion of any
phase of the construction.
2. Special Conditions.
A. Water lines (oversizing, payback, etc.). The City shall repay
the Developer for the cost of material for the 16" water line
in Shields Street versus the cost for a 12" water line based
on the material cost at time of purchase.
B. Sanitary sewer (oversizing, payback, etc.). The Developer
shall repay the City for the cost of downstream oversizing at
a rate of $178 per acre or $1,463.16. Payment shall be made
at the time of first building permit.
C. Storm drainage lines and appurtenances (detention pond con-
struction, off -site mains, etc.). The Developer agrees to
complete the stormwater swales, detention facilities and
appurtenant structures, prior to being issued building permits
which contain more than 42 single family units or certificates
of occupancy which contain 21 single family units. In addi-
tion, the drainage facilities shall be complete before dis-
turbing existing detention pond. The maintenance of the storm
water system, swales, detention facilities, mail creek on site
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except under dedicated right-of-way, and all appurtenant
structures become the responsibility of the homeowner's
association in perpetuity.
D. Streets (oversizing, traffic lights, signs, etc.). The City
shall repay the Developer for construction of Shields Street
and Harmony Road to arterial street standards in lieu of local
street standards according with City Code 99-6(F).
3. Miscellaneous.
A. The Developer agrees to provide and install, at his expense,
adequate barricades, warning signs, etc. at all construction
within the public right-of-way and/or other areas deemed
necessary by the Director of Engineering Services in accord-
ance with the City's "Work Area Traffic Control Handbook" and
shall not remove said safety devices until advised to do so 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. He shall remove such rubbish no less than
weekly and, at the completion of his work, shall remove all
waste materials, rubbish, tools, construction equipment,
machinery, and surplus materials from the public right-of-way
caused by his operation. The Developer agrees to maintain the
finished street surfaces free from dirt caused by his opera-
tion. Any accumulation or dirt and/or construction materials
which will add to the accumulation of dirt shall be considered
sufficient cause for the City to withhold building permits
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and/or certificates of occupancy until corrected to the satis-
faction of the Director of Engineering Services. In the event
that the Developer fails to adequately clean up the streets
within two (2) days after written notice, the City may have
the street cleaned and bill the Developer for said costs of
cleaning.
C. The Developer shall cause his 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.
D. Where erosion (either by wind or water) is likely to be a
problem, in the Inspector's opinion, the surface area of
erodable earth material exposed at any one time shall not
exceed 200,000 square feet for earthworks operations. Tempor-
ary or permanent erosion control shall be incorporated into
the subdivision at the earliest practicable time. The control
may consist of, but may not be limited to, seeding of approved
grasses, temporary dikes, gabions, or other devices.
E. This Agreement shall be binding upon the parties hereto, their
heirs, personal representatives, and assigns.
F. Nothing herein contained shall be construed as a waiver of any
requirements in the City Subdivision Ordinance or any other
provision of the City Code, and the Developer agrees to comply
with all requirements of the same.
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ATTEST:
%
City +Cer**D'rk
APPROVED:
AIST:
11L�.
Ass' 1
litle
CITY OF FORT COLLINS, COLORADO
gicjpal Corporation
WOOD BROTHERS HOMES, INC.,
Developer
22
tle
NOW, THEREFORE, in consideration of the promises of the
parties hereto and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, it is agreed
as follows:
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 public streets
(including curb, gutter and sidewalk and pavement 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 and 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
2
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 Shields Street and Harmony adjacent to said prop-
erty shall be completed August 1, 1983.
4. Storm drainage improvements to be installed out of sequence.
Not applicable.
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 approved plat, site,
landscape and utility plans, and other approved documents
pertaining to this development on file with the City.
F. Public 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 shall meet
or exceed 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 Property 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
3
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 or changes
thereto (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
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
rd
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 in connection with 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 in connection with 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 in connection with this development.
II. Special ^onditions
A. Water Lines
Not Applicable
B. Sewer Lines
1. Before the City shall be obligated to issue any
building permit for this development, the Developer shall pay to
the City a lump sum payment for the Warren Lake Trunk Sewer Basin
Fee equal to $178.00 for each acre of the Property.
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and
off -site storm drainage improvements, as shown on the approved
utility plans, shall be completed by the Developer in accordance
with said approved plans prior to the issuance of any certificate
of occupancy. 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. In addition, said
certification shall state that the lowest opening elevation to the
building is at or above the minimum opening elevation required on
5
the approved utility plans. Said certification shall be submitted
to the City at least two weeks prior to the date of issuance for
any certificate of occupancy.
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.
The Developer shall also be required to post a security deposit in
the amount of $10,582.00 prior to beginning construction to
guarantee the proper installation and maintenance of the erosion
control measures shown on the approved Plan. Said security deposit
shall be made in accordance with the criteria set forth in the
Storm Drainage Design Criteria and Construction Standards
(Criteria). If, at any time, the Developer fails to abide by the
provisions of the approved utility plans or the Criteria, the City
may enter upon the Property for the purpose of making such
improvements and undertaking such activities as may be necessary to
ensure that the provisions of said plans and the Criteria are
properly enforced. The City may apply such portion of the security
deposit as may be necessary to pay all costs incurred by the City
in undertaking the administration, construction, and/or
installation of the erosion control measures required by said plans
and the Criteria.
D. Streets
1. The Developer and the City agree that no street
oversizing reimbursement from the City is due the Developer for
this development.
E. Hazards and Emergency Access.
1. No combustible material will be allowed on the site
until a permanent water system is installed by the Developer and
approved by the City.
2. Prior to beginning any building construction, the
Developer shall provide and maintain at all times an accessway to
said building or buildings. Such accessway shall be adequate to
handle any emergency vehicles or equipment, and the accessway shall
be kept open during all phases of construction. Prior to the City
allowing combustible material on the site (other than forming
material for concrete footings, foundations and/or concrete walls)
M
such accessway shall be improved to a width of at least 20 feet
with 4 inches of aggregate base course material compacted according
to City Standards and with an 80 foot diameter turnaround at the
building end of said accessway. The turnaround is not required if
an exit point is provided at the end of the accessway.
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.
D. The Developer shall, pursuant to the terms of this
Agreement, complete all improvements and perform all other
7
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 sucn 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 by the Fort Collins City
Council.
H. This Agreement shall run with the Property and shall be
binding upon and inure to the benefit of 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 legal or equitable 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
0
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 thirty (30) days within which to cure said default, or
within such period as may be reasonably required to cure such
default if it is of such a nature that it cannot be cured within
said thirty (30) day period, provided that the party in default
shall have commenced to effect such a cure within said thirty (30)
day period and shall have proceeded with due diligence to complete
said cure. 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 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. This Agreement shall not be construed as or deemed to be
an agreement for the benefit of any third party or parties, and no
third party or parties shall have any right of action hereunder for
any cause whatsoever.
M. It is expressly understood and agreed by and between the
parties hereto that this Agreement shall be governed by and its
terms construed under the laws of the State of Colorado and the
City of Fort Collins, Colorado.
N. When used in this Agreement, words of the masculine gender
shall include the feminine and neuter gender, and when the sentence
so indicates, words of the neuter gender shall refer to any gender;
and words in the singular shall include the plural and vice versa.
This Agreement shall be construed according to its fair meaning,
and as if prepared by all parties hereto, and shall be deemed to be
and contain the entire understanding and agreement between the
parties hereto pertaining to the matters addressed in this
Agreement. There shall be deemed to be no other terms, conditions,
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