Loading...
HomeMy WebLinkAboutDIXON CREEK PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this Z3aday of Jails cad A.D. 198�, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and C. J. ASSOCIATES, a joint venture, hereinafter referred to as "the Developer," 1JTTAICCCCTW - 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: Dixon Creek P.U.D., a tract of land located in the Northwest 1/4 of Section 28, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, 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 Dixon Creek P.U.D. January 1984 CVLITQTT BAIT 1. Schedule of water lines to be installed out of sequence. N/A 2. Schedule of sanitary sewer lines to be installed out of sequence. N/A 3. Schedule of street improvements to be installed out of sequence. N/A 4. Storm drainage improvements to be installed out of sequence. See paragraph 2.A r V 1 1 T n T T u n u The Development Agreement for Dixon Creek P.U.D. This exhibit does not apply to this development. 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) L.f. /L.f. S (b) L.f. /L.f. $ (c) Ea. Ea. $ (d) Ea. Ea. S Sub -Total $ 2. Channel excavation, detention pond excavation and riprap ( a) C.Y. $ /C.Y. $ (b) C.Y. $ /C.Y. $ (c) C.Y. $ /C.Y. $ Sub -Total $ EXHIBIT B - Page 2 ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 3. Right-of-way & easement acquisition (a) S.F. $ /S.F. $ (b) Ac. $ /Ac. $ Sub -Total 4. Professional Design (a) 5. Other Lump Sum $ Total estimated cost of Storm Drainage improvements eligible for credit or City repayment repared by: Title: Address: 12298 P2039 588$5f$ ;WkW2'5 AM 10:50 COUNTY .OF,LATWM- STATE �OF COLORADO NOTICE Please take notice that on January 23, 1984, the Planning and Zoning Board of the City of Fort Collins, Colorado, approved the site plan of the planned unit development known as Dixon Creek PUD, which development was submitted and processed in accordance with section 118-83 of the Code of the City of Fort Collins. The site plan of the subject property together with the development agreement dated January 23, 1984 between the City of Fort Collins and the developer, out of which documents accrue certain rights and obligations of the developer and/or subsequent owners of the subject property, are on file in the office of the Clerk of the City of Fort Collins. The subject property is more particularly described as follows: Dixon Creek PUD, a tract of land located in the NW 1/4 of Section 28, W N, R69W, of the 6th P.M., City of Fort Collins, Larimer County, Colorado. � fuel erk. Secret y, Planning and Zoning Board t` City of' Fort Collins Dated: r AGREEMENT THIS AGREEMENT is made and entered into this ,, day of _i & ►� �% -'/ , 1984, by and between THE CITY OF FORT COLLINS, a municipal corporation (hereinafter designated as the "City") and D. JENSEN ENTERPRISES, INC., a Colorado corporation (hereinafter designated as "Jensen"). WITNESSETH: WHEREAS, Jensen is the owner of the property more particu- larly described in Exhibit "A" attached hereto and intends to subdivide and develop said land; and WHEREAS, in connection with the proposed subdivision, it is necessary that Jensen install and have the use of an 8-inch sani- tary sewer main; and WHEREAS, the location of a sewer of sufficient capacity to serve the property described in Exhibit "A" will require exten- sions of mains through other lands; and WHEREAS, the City requests that Jensen provide oversize mains; and WHEREAS, Jensen has agreed to install such sanitary sewer main on the south side of Drake Road from approximately the intersection of Drake Road with Spring Creek to the property described on Exhibit "A", as shown on the map dated January 8, 1981, entitled DIXON CREEK P.U.D. PROPOSED SEWER LINE CORRIDOR ("Corridor Map"); and WHEREAS, said sewer main to be installed, in addition to benefiting the lands of Jensen, will also benefit the lands of owners listed on the Corridor Map and the owners of other lands which the City may allow to tap onto said sewer main; and WHEREAS,, a preliminary study has been made to determine the cost of the installation of said sewer main, and the anticipated cost of said sewer main as set forth in said study will be $300,000.00; and Page 2 WHEREAS, the construction of said sewer main will have bene- fit to some overall objectives of the City related to the City's land development guidance system. NOW THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed as follows: 1. Easements. The City shall survey, acquire and initially pay for all easements necessary to install and maintain said sewer main offsite of Dixon Creek P.U.D. The ultimate costs of the easements shall be paid as a cost of the project in accordance with the following paragraphs. However, in the event the City either initially or eventually determines to use such easements for bike paths, equestrian paths or similar uses, then, and in such event, only the costs of the proportionate part of the easement being used for utilities shall be borne as a cost of the project. The proportionate costs of the easement being used for bike paths, equestrian paths or similar usage shall be borne entirely by the City. 2. Installation. Jensen will install said sewer main in accordance with the requirements of, and subject to the approval of, the City Engineer of the City of Fort Collins. 3. Cost. a. The City shall bear all costs of the bore required to place the sewer main under Taft Hill Road. b. The City shall bear all costs of the extension through Georgetown P.U.D., an existing subdivision receiving no benefit. C. The City shall bear all costs associated with over - sizing the sewer line from the 8-inch line required to serve Jensen's property. d. The cost of easements acquisition shall be paid as a cost of the project, except that all easements to be located within Dixon Creek P.U.D. shall be dedicated without charge or cost to the project or to the City. Page 3 e. The engineering and surveying costs incurred after the date of this agreement shall be a cost of the proj ect . f. The City shall bear the costs of items 3.(a), (b), and (c). Jensen shall pay two-thirds and the City shall pay one-third of all remaining project costs (items 3.(d) and (e)]. By way of example, the City's estimated project cost of $300,000.00 would be paid as follows: TOTAL PROJECT COST $300,000.00 (includes design, easements construction, and contract administration) MINUS NORMAL CITY COST -Oversi.zing from 8" to 15" ($62,000.00) -Taft Hill crossing ($10,000.00) -Georgetown extension ($24,000.00) ( through an existing P.U.D.) -96,000.00 NORMAL DEVELOPER'S SHARE 204,000.00 Minus 1/3 of $204,000.00 68,000.00 CURRENT' DEVELOPER'S SHARE $136,000.00 CURRENT CITY SHARE $164,000.00 THE FOREGOING EXAMPLES CONTAIN FIGURES THAT ARE USED FOR ILLUSTRATIVE PURPOSES ONLY AND ARE NOT INTENDED TO GIVE RISE TO ANY EXPEC- TATION BY EITHER PARTY THAT THE COSTS OF THE PROJECT WILL BE IN THE AMOUNTS SET FORTH ABOVE e Page 4 g. Upon the completion of the installation of said sewer main and the acceptance of same by the City Engineer, and further upon the presentation to the City of proof that all bills and charges in connection with the installation of said sewer main have been paid, the City will, pursuant to the provisions of this agreement, pay to Jensen the City's share of installing said main.• 4. Pay back. It is understood and agreed between the par- ties that the main to be installed will benefit Jensen's property as well as the lands of owners listed on the Corridor Map and the owners of other lands which the City may allow to tap onto said sewer main and, in accordance with the provisions of Section 122-74(E)(6) of the Code of the City of Fort Collins, the City will use its best efforts to assess charges against such other properties in order to be reimbursed for some of the cost of such main. The amounts to be assessed other properties, based on the estimate, are attached as Exhibit "C" (Such costs will be reviewed upon completion of the project and actual project costs shall be used). Any such costs so assessed and collected shall be shared between Jensen and the City as follows: The City shall deduct a 3% fee for collection expenses and the balance shall be divided with Jensen receiving two-thirds thereof and the City receiving one-third thereof of all such pay backs, if any. The parties hereto agree that any pay back will also include an amount which recognizes the effects of inflation. Inflation shall be based upon Engineering News Record Cost Index for Denver, Colorado, but in no event shall the payback be less than the original cost as accepted by the City of Fort Collins. The pay back portion of this agreement shall be in effect for a period of ten years from the date of this Agreement, unless extended by act of Council. 5. Entire Agreement. This Agreement represents the entire agreement and understanding of the parties and any prior documents, correspondence, oral understandings or agreements shall have no further force or effect whatsoever. Page 5 IN WITNESS WHEREOF, this agreement has been executed as of the day and year first hereinabove written. ATTEST: L"ItIMA"'M Fk%vvl City Clerk Approved As To Form: Assistant City Attorney, ATTEST- S ez, cte t a r y THE CITY OF FORT COLLINS, COLORADO, a municipal corporation By:-L. I D. JENSEN ENTERPRISES, INC., a Color o corporation By:/ 2� 63 DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this c%At*' day of Fe"ary, A.D. 1989, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and C.J. ASSOCIATES, a joint venture, 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: Dixon Creek, P.U.D., a tract of land located in the Northwest IN of Section 28, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, 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 improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and 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 construction 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- 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. C. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, -2- 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, including individual lot service lines leading in and from the main to the adjacent property line, to be placed therein have been completely installed. 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. 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. -3- 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; and, to that end, the City Engi- neer and the Developer's Engineers have coordinated their efforts. 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 development in a manner or quantity different from that which was historically dis- charged, to the extent that such discharge occurs as a result of the errors and omissions of the Developer or its engineers. 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 Developer agrees to repay the City for one-half the cost of installing a 12" diameter water main in Drake Road for the distance the Developer fronts on Drake Road. The payback is due with the first building permit. Developer agrees to install the 12" water main in Overland Trail subject to being repaid for one-half said installation cost in accordance with separate agreement with City's Water and Sewer Department. B. Sanitary sewer (oversizing, payback, etc.). See Exhibit "A" attached. The parties hereto have, for several months, discussed a possible front ending of certain -4- sanitary sewer main extensions by the City. These discussions are ongoing and, as of the date of execution of this agree- ment, no agreements have been reached between the parties concerning any such payment by the City. For "out of se- quence" installations, see Exhibit "A". 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 as determined by the City Engineer to be necessary for the protection of the requested permits prior to requesting more than 56 building permits or 28 certificates of occupancy. Maintenance of all swales, detention ponds and drainage appurtenances shall be the responsibility of the homeowners association. D. Streets (oversizing, traffic lights, signs, etc.). The City shall repay the Developer for oversizing Overland Trail and Drake Road to arterial standards and Yorkshire Street to collector street standards in accordance with Ordinance 99-6(F). 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 -5- 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 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. F. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. 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 APPR VED: Dire o of u lic, ks City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By City a ager C.J. ASSOCIATES, Joint Venture am D. JEN� ' ENTERP INC., Joint Venturer Dan R ensen, Pre iden ATTEST: RayLon? C. Schultz, Asst. Secc�tl�a�yt COLRA6 D VELOPMEN ; INC. t enturer eo H. Coq iel l , Jr., PLesident S"apgp@;6=,,Secretary -7- EXHIBIT "A" Dixon Creek P.U.D. Development February 1982 Date 1. Schedule of water lines to be installed out of sequence. Not applicable. 2. Schedule of sanitary seater lines to be installed out of sequence. No building permits will be issued until the Developer constructs facilities capable of discharing sanitary waste from manhole no. 1 which is approved by the City Engineer. 3. Schedule of street improvements to be installed out of sequence. The construction of Drake Road will not be accomplished until the Assistant City Engineer - Projects has reviewed the test results of the dynaflect test made in January, 1982. Any design changes which affect the design accompanying this Agreement shall be at the City's expense. 4. Storm drainage improvements to be installed out of sequence. Not applicable. 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 supersede the standard specifications. G. All storm drainage facilities shall be so designed and con- structed by the Developer as to protect downstream and ad- jacent 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 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 main- tenance; (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 as may be given to the -4- 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, subsequent purchasers of property in the development and downstream and adjacent property owners all of whom shall be third party beneficiaries of said agreement between the Developer and Engineer. H. The Developer shall pay storm drainage basin fees in accor- dance with Chapter 93 of the City Code. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 93 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. The basin fee payable by the Developer shall be reduced by the estimated cost of said eligible improvements. Upon completion of such eligible improvements, the amount of such reduction shall be adjusted to reflect the actual cost. If the cost of the eligible improvements con- structed by the Developer and described in the above mentioned exhibit exceeds the amount of the storm drainage fees payable for the development, the City shall reimburse the excess cost -5- out of the Storm Drainage fund upon completion of the improve- ments and approval of the construction by the City. 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. The Developer agrees to repay the City for his portion of the 16" water main in Drake Road in the amount of $11.67 plus an inflation factor per front foot. This payback is due upon request for the first building permit. The Developer may be entitled to reimbursement for constructing a 12" water main in Overland Trail in accordance with the Code of the City of Fort Collins Article 112-43. B. Sanitary sewer. The Developer and the City agree to perform in accordance with an agreement dated January 20, 1984 regarding the sanitary sewer servicing this Development. C. Storm drainage lines and appurtenances. All storm drainage facilities shall be completed by the Developer and approved by the City prior to the release of 46 building permits and 23 Certificates of Occupancy. Mainte- nance of all storm drainage facilities shall be the respon- sibility of the homeowners association except those portions that will exist within the right-of-way and will, therefore, be maintained by the City. D. Streets. The City agrees to repay the Developer for oversizing Drake Road and Overland Trail to arterial standards and Yorkshire Street to collector standards in lieu of local street stan- dards in accordance with the Code of the City of Fort Collins Article 99-6.F-. The Developer may be entitled to reimburse- ment for the construction of Drake Road in accordance with the Code of the City of Fort Collins Article 99-6.B.6. 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 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. -7- 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. 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. in 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. THE CITY OF FORT COLLINS, COLORADO A P,4U-Vipa,1 Corporation nager ATTEST: City Clerk APPROVEiD: irector'of Public Works City Attorney ° C. J. ASSOCIATES, JOINT VENTURE DdJe enEnterprises, Inc., Joint venturer Dan Jensen, Pre,,Klidentj Colrad Development,-I-nt:, joint venturer / - 20 - g Ro ald A. Saidy, Vice resident 10