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HomeMy WebLinkAboutEVERGREEN PARK - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this.�.2`c day of Fh, 1994 , by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and D & D Development, a Colorado general parnership, hereinafter referred to as the "Developer". WITNESSETH: WHEREAS, the Developer is the Owner of certain property situated in the County of Larimer, State of Colorado, (hereafter referred to as the "Property") and legally described as follows, to wit: Lot 16, Block 4, Evergreen Park, a tract of land located in the Northwest Quarter of Section 1, 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 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 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. 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: I. General Conditions EXHIBIT "B" NOT APPLICABLE 10 AGRI: ]:,,II"Nf CIIIS AGREI MI NF is made and entered into this — day of A.D. 19 _1 , by and between '1111: CITY OF FORT COLLINS, COLORADO, a municipal corporation, ler reinafter sometimes designated _ as the "City", and _--�..� ' { .� — hereinafter designated as the ''Developer", �f 'Coachlight Plaza, lst Filing", WITNESSGI'll: WHLREAS, Developer is the owner of certain property situate in the County of Larimer, State of Colorado, more particularly described on Exhibit. A attached hereto and by this reference made a part hereof; and WI&RLAS, Developer desires to develop said property as a residential subdivision and has -submitted to the City a master plan showing a proposed subdivision layout for said lands, which master plan is attached hereto as Ex,iibit B and by this reference made a part hereof; and WHEREAS, Developer has further submitted to the City a master utility plan for said lands, a copy of which is attached hereto as Exhibit C and by this reference made a part hereof; and 6VIl1i1ZIiAS, 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 arul 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 1vffL:RliAs, the City's planning and zoning board has approved the master 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, 1-HEREFORK in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1. 7'he City hereby approves the master plan submitted by the Developer, it being understood that such approval is approval only of the general scheme and concept of development shown thereon and that the City may impose additional requirements on final plats for any portion of said land consistent with the general scheme of development shown on the master plan. 2. Except as, otherwise heroin specifically agreed, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets and other municipal facilities necessary to serve the lands described on Exhibit A, such lines, streets and facilities including, but not limited to, those shown on the master utility plan attached hereto as Exhibit C. 3. Water Lines. a. Developer agrees to install all water lines as shown on Exhibit C in accordance with the requirements and as shown on said Exhibit, whether- such lines are actually on the property, bordering the property or on other lands connecting the subject property to the existing City water distribution system. -2 - b. Such water lines, shall he :installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of suen lines. C. Developer agrees to complete the installation of said Lines no later twan the following schedule: Within one year of the day and year of the date first hereinabove written. d. Developer understands and agrees that no building permit for any structure in the subdi.viaion shall be issued by the City until the fire hydrant serving such structure is installed and accepted by the City- U . All of said lines shall be installed at the sole expense of the Developer, except that the City will participate in the following: Line City Participation None f. 'I'lie installation of said line shall be inspected by the Coimnuni.ty Developmcht Department of the City and shall be subject to such department's approval. Developer agrees to correct any deficiencies in such i nsta 1 1 a t. i on in orcler to meet the requirements of the pl mis and the specifications applicao.le to such installation. In the event such installation is not completed and approved witilin the tulle sot forth above, the City shall have the right to cause such additional wort: to be done as it deems necessary to coiupletc the installation in a satisfactory manner and the Developer shall be liable for the costs of suc<< additional work. 4. Sanitary Sewer Collection Lines. a. Tile Devcloper agrees to install all. sanitary sewer collection 1 i nes shown on Ex,u-bit C, wiictner the same be oil or off the sul) j ect property. b. Sucii sanitary sewer lines shall be installed in full compliance witli tic standard specifications of the City on file in the office of the City lingineer relating to the installation of such lines. C. Developer agrees to complete the iristallatioii of said lines no later than the following schedule: Within one year of the day and year of the date first hereinabove written. -4- d. Developer understands and agrees that no building permit shall i)e .issued by the City for any structure in the subdiyis.ion until the sanitary sewer line serving such structure is installed and accepted by the City. c. All of said lines shall be installed at tile, sole expense of the Developer, except that tine City will participate in the following: Line City Participation None f. file installation of said lines shall be inspected by the Community Uevel_opment. Department of tine City and subject to such department's approval. Developer agrees to correct any deficiencies in such installation in order to meet the re�iuirements of the plans and the specifications applicable to such .installation. In t,ie event such installation is not completed and aJI)I)roved 14 i tilin tine time set forth above, the City shall have the right to cause such additional �%orh to he done as it deems necessary to complete the installation ill :I sat i s factory m<uincr and the Developer shall be liable for the costs of such additional work. S. Electric Lines and Flcilities. The City Light and Power Department shall install all electric distribution lines and facilities required for the subject property and the Developer shall hay for such work in accordance with the established charges of the Light and Power Department. such installation shall include all street lights required for the development.. u. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on Exhi_bi_t. C. It is understood that such lines and facilities may not represent all of the Developer's obligations in this regard and additional rQuirements may be made by the City at of -her stages of the development. b. Such storm sewer lines and facilities shall be installed in full compliance with the standard specifications of the City on file in the office of the City- Engineer relating to the installation of such lines. C. Developer agrees to complete the installation of said lines and facilities no later than the following schedule: Storm detention and drainage facilities shall be constructed in an orderly fashion during the process of development, so as determined by the City Ingineer, to prevent damage to other utilities, streets, curb and gutter, sidewalks, and all adjacent properties. d. All of- said lines shall be installed at the sole expense of the Developer. e. The installation of all of such lines and facilities shall shall be inspected by the Community Development Department of the City -n- and -shall be subject to such department's approval. Developer agrees to correct any deficiencies in such instal.l.ation in order to meet the requirements of tl�ie plans and the specifications applicable to such installation. in the event such installation is not completed and approved within the time set forth above, the City shall have the right to cause such addi_tioiml work to be done as it deems necessary to complete tine installation in a sarisfactory manner and the Developer shall he liable for the cost of sucli additional work. 7. Streets. a. 'lire Developer agrees to install all streets shown on the master plan, complete with asphalt paving, curb, gutter and sidewalks. b. Such streets shall be installed in full compliance witii the standard speca_ficati.ons of the City on file in the office of the City Engineer relating to the installation of such lines. C. Developer agrees to complete the installation of street improvements no later than the following schedule. Within one year of the day and year of the date first hereinabove written. ci. No building permit for the construction of any stn—rtures in the subdivision shall b.c issued by the City until the street providing access to the structures is improved with at least the gravel base required. e. '1'11e installation of all streets shall be i.iispected by the C0TI11111n1 ity lleve]_opme"t Department of the City and subject to such department's approval. lleveloper agrees to correct any deficiencies in such ,installation ill order to meet the requirements of the plans and t.iie specifications applicable to such inst,illati_oii. In the event the improvements are not completed and approved within the time set forth above, the City .shall have the ri_girt to cause such additipnal work to be done as it deems necessary to complete the i_nstalt;ltion in a satisfactory manner and the Developer shall. be li_ahle for thu cost of such additional work, including all normal charges made by the City for financing, engineering, publication, legal and miscellaneous on City Special Street Improvement Districts. f. St.rect Improvements shall not be .installed until all utility l.i_nes to be placed in the street have been completely installed and all services to individu,.il lots have been installed from main utility lines to tile property line. g. In connection with the improvements to be made to streets, the Developer small install and pay for any bridges over. existing ditches or drainage channels. Such bridges shall be installed in accordance with the same schedule as provided above for the particular street involved. Tlie detailed plans, specifications and profiles to be submitted by tile lleveloper shall include tl.e plans, specifications and profiles for any such required bridges. 8. Miller Re'Wir011lents. The Developer has provided a temporary cul-de-sac at the northeast corner of afore described property with the intentions of providing a permanent street at the time of development of the property adjacent on the east. The Developer further agrees that if after a period of two years of the day and year first, hereinabove written the street has not been extended to its intersection with Redwood Street as proposed he sliall be liable for extending said street to the proposed intersection or providing a permanent cul-de-sac conforming to standards and specifications as set by the City of Fort Collins. -8- J. Performance and Payment Bond. To insure Developer's performance udder this agreement, Developer has provided the City a satisfactory surety bond in the amount of $ conditioned on Developer's full performance of its obligations hereunder and payment by the Developer of the cost of installing all improvement required to be paid for by the Developer. rhis agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS HEREOF, the parties hereto have caused this agreement to he signed tine day and year first hereinabove written. THE CITY OF FORT COLLINS, COLORADO ATTEST: x _ City Clerk City Ohnager -- APPROVED: Di rectoi of CommunF, v'-- DeveIopmuia.rt it�� 4,Aorncy citDgvel-oper -9- 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 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 nine hundred feet (900') 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 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 plat, site, landscape and utility plans, and other approved documents pertaining to this development on file with the City. F. 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. 2 IWO MN I 1 4 19 /b A G R E E M E N T THIS AGREEMENT is made and entered into at Fort Collins, Colorado, as of the /,,9 day of 1974, by and between EVERGREEN PARK, a joint venture, hereinafter referred to as "EP", and the CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as "City", WITNESSETH THAT: WHEREAS, EP is presently developing certain lands within the corporate limits of the City knoan as the Evergreen Park Subdivisions located in Section 11, Township 7 North., Range 69 blest of the 6th P.M.; and WHEREAS, the developments of EP ttii11 require the extension and expa, sion of utility facilities; and WHEREAS, EP desires to relocate certain existing utility facilities in order to provide for more orderly development of such area; and IqIEREAS, EP is now installing water and sewer mains at the expense of EP, but the City, pursuant to its ordinances, will reimburse F-P for portions of such expense; and I,TEREAS, the City desires to acquire certain lards hereinafter described d for future electrical substation sites, and within the area being develope the City contemplates changes, additions and modifications in its utility facili- ties which will serve EP and others; and WHEREAS, a 12kv line belonging to POUdre Valley Rural Electric Association now crosses the area being developed and it is desirable to relocate such line in order to facilitate the installation of other facilities and eventually to place such line in underground facilities; and • 1 };? TIE RI: . nthe City h�_� agreed to do the necessary Work to underground such :�, 12kv line at the expense of EP. THEREFORE, in consideration of the premises, and the mutual promises of the parties herein contained, the parties agree as follows: 1. The existing 12kv overhead distribution line which is now located along the east, side of Redwood from Conifer to 11illox Lane and along the northern part of Ilillox Lane from Redwood to North College Avenue will be relocated temporarily as an overhead line in a different location and eventually placed in underground facilities within the 25 foot easement dedicated by EP adjoin- ing such. streets. Tile City will cooperate with Poudre Valley Rural Electric Association in the: planning and construction of the undergrounding for such line, and it is contemplated that the City will do the necessary engineering and work to accomplish the relocation of such line from its Lempo-rary location to the permanent underground facilities. Such work shall be done in accordance with the requirements of Poudre Valley Rural Electric Association, and the cost of relocatin-a such lime into permanent underground facilities shall be -solely that of EP. 2. The City contemplates that it Will, in the future, remove the r a existing 115kv transmission line now located along the eas s3ae_ol Reu"`'o`` from Conifer to Vine Drive and reconstruct this circuit on a single -pole, double -circuit transmission tower to be erected on the 2F foot easement dedicated_. by EP along the west edge of Redwood Street. Such work shall be done in accord- ance with the long. -range transmission plans of the City. At such time as such line is relocated, the existing 115kv transmission easement will be vacated. by the City. rdinate the construction of its 230kv transmission 3. The City will coo line along the crest edge of Iedwood between Conifer and Jgillox Lane with Poudre -2- / Valley Rural El ectric Asse _ation in an effort to utilize joint construction with i � ssociation's existing k 69v transmission line i'oudre; Valley Dural Electric A presently located on the east edge of Red,.00d between Conifer and 1'1111ox Lanes. oncurrently with the execution of 4. EP shall, cthis agreement, convey to tha City by good and sufficient warranty deed free and clear of all liens and encumbrances, three parcels of land described in Exhibits 1, 2, and 3 to the Cat this.agreemen. The parcel described on Exhibit 1 is being acquired by y for its owr_ use as a substation site, and the parcels described on Exhibits 2 and 3 adjoin the existing, substation site of the Bureau of Reclamation. The acquiring the lands described on parties understand and agree that the City is Exhibit 2 and 3 with the intention of eventually conveying these parcels to the Bureau of Reclamation in contemplation that the Bureau will need expanded facilities at this site. Such facilities will serve the City and other cus tomers of the Bureau. S. The parties have agreed that the reasonable value of the lands des- cribed in. Exhibits 1, 2 and. 3 is. $34,300.00, and the City. agrees to pay such amount to EP for said land and EP agrees to accept such amount in consideration for the conveyance thereof to the City. Such amount shall be paid by the City ligation to reimburse the City for Y b crediting the sum of $34,300.00 toward EP's ob in relocating the 12kv overhead distribution line of Poudre all costs incurred permanent underground facilities. Valley Rural Electric Association into 6. Any additional costs incurred in connection with the cost of Rural Electric Association facility shall be relocating such Poudre Valley reimbursed by EP to the City by crediting such costs against the Cit}''s obligation to participate is the cost of constructing water and sel-cr lines and street ro ernes being developed by EP. improvements on the p p erstood and agreed 7. Lt is expressly undreed by and between the parties the within agreement does not in any manner affect the obligation of hereto that -3- of stalling utility facilities to serve the area being Lr to pay the cot o c'.-?veloped by EP, it being the intent of the parties that the within agreement concerned only with the relocation of the facilities of Poudre Valley Rural Electric Association and the other matters specifically covered by this agree - went. This agreement shall be binding upon the parties hereto, their heirs, personal repr;senta.tives, successors and assigns. IN tiviTNESS MIREOF, the parties hereto have caused this agreement to be signed and dated the day and year first hereinabove written. EVERGREEN PARK, A Joint Venture By: CITY OF FORT COLLINS, a Municipal Corporation (SEAL) By: ATTEST: City Manager itty Clerk- -4- ElilI1)IT I LEGAL PESCRI PTIO;'r A TRACT 01' LAND FOR AN EL?iCTRIC ], SUbSTATI:ON AT TI-J : fN'I'I;RSI:CTIO)r OI� i','ILLO\ LANE AND RE113,%00D ST. IN PARK, FT. COLLI`IS,COLO. A TRACT OF LAND LOC.',TED IN THE ONE QUARTER OF SECTION 1, '1'OI',\SEII1' 7 `OI:'IiI, Pj1NGI 69 j,ia:S'I' OI� THE 6'1'I1 P. THE CITY�' OF FORT COLLI',;S, COU:N,lY OF LAllllliLr:, AND THE ST:"TE OF COLoi: DO, MORE PARTICULARLY DESCRIBED AS 1--OLL0:'," S : BEGINNIi\G AT THE NORTHEAST COR\'-R OF SAID NORTH4,EST OUAP OF SAID SECTION I; TIIENCE N 89°56'1411I'i 40.00'; THEIl;CE S00°00'23"E 94.98' TO THE TRUE POINT OF BEGINNI1\11G; THL.NCE S00°00' 23"E 344.75' ; THENCE No"9056' 14"l"i 272. 00' ; THENCE N44' 56' 14"j'i .109.03' ; TIiENCE N00`00' 23"W 2"i2. 16' TO A POINT ON A CIRCULAR CUlZ E : THE • CE ALONIG THE ARC OF A CURVE TO THE LEFT, WHOSE CENTRAL ANGLE IS 1SO02' 40" Ai:D ICIIOSE RADIUS IS 690.001 iti.i�D 1'110SE C iORD BEARS t 79°3S`06'E 180.66; A DISTA_,CE OF 181.18' TO A POII'NT OF REVERSE CUIZ�rATURE; THENCE ALONG THE ARC OF A CU ','E TO TEIE EIGHT I,'IIOSi. CENTRAL ri.NGLE IS 1-8000' 00", AND 1%'HOSE lL1DIUS IS 360.00' , A DISTr'.NCE OF 113.10` TO A POINT OF TANGENCY: THENCE S 89°S6'14"E 4S.071 TO A POINT OF CURVATURE: THENCE ALONG Till] :.RC OF A CURITE TO TIIE RIGHT ',THOSE CENTRAL ANGLE IS 89°SS` 51", AND l';iLOSE RADIUS IS 15.00` , A D:+S- TANCE OF 23.54' TO A POINT OF TANGENCY, SAID POINT �: F `i'A;iGE CY ALSO BEING THE TRUE POINT OF BEGINNIING SAID PtIRCEL ':0.`TAIINS 2.64 ACRES MOkE OR LESS EXHIBIT II LEGAL Di:SCRIPTION t 1 f A TRACT OF LAND LOCATED IN SECTION 1, TOVJ SHIP 7 NORTH, P-MllGE 69 l;I:ST OF TH' 6TH P.r•i., CITY OF FORT C0LLINS, COUNTY OF Ltk')Tl-IER, STATE OF COLODO, MORE PARTICULARLY DESCRIBED AS FOLLGI'rS BEGINNING AT THE. SOUTHEAST CORNER OF THE NORTI-Il'�EST QUAnTER OF SAID SECTION :1; THENCE N 89°44' 22"}'d 97. 00' ; THE`•NCE N 00000' 23"N 20.00' TO THE TRUE POINT OF BEGINNING: THENCE N00°00'23"l, 469.40'; THENCE S 89°44'22"E 103.001; THENCE S 00°00'23"E 469.401; THE 1,;CE N 89°44' 22"I'r 103. 00" TO THE TRUE POINT OF BEGINNING. SAID TRACT CONTAINS 1.11 ACRES MORE OR LESS EXHIBIT III LEGAL DL=SCRTPTIOH A TRACT OF LAND LOCATED IN SECTIONr 1, TOI'�'\SIIIP 7 NORTH, RA\TGE 69 1';EST OF TIII: 6TH P.1M. , CITY OF FORT COLLINS, COUNTY OF LARI:I':-�R, I�SCRIBill AS I CLL,Or'+S: IOCO�1.STlO:,z;,DO, P1PlICULAI'LY 17 BEGINIIING AT THE SOUTHWE-$T CORNER OF THE NORTHEAST QUARTER OF SAID SECTION' .1 THE iNCE N 00000' 23" W 20.00' ; THENCE S 89' 44' 22" E 124. 00' TO THE TRUE POINT OF* BEGINNING; THENCE N 00' 00' 23" lti 447.40' ; THEINCE S 89°44' 22" E 93. 00' ; THENCE S 00" 00' 23" E 447.40'; THENCE \` 89044'22" 1v 98.00" TO THE TRUE POINT OF BEGIIN- NING. SAID TRACT CONTAINS 1.01 ACRES MORE OR LESS .11 AMENDMENT TO AGREEMENT BETWEEN EVERGREEN PARK AND THE CITY OF FORT COLLINS DATED JULY 3, 1974 RE: UTILITIES IN EVERGREEN PARK SUBSTATIONS UNDERGROUNDING OF LINES Evergreen Park has conveyed to the City three parcels of land for substation useage; said parcels having an agreed on value of $34,300.00. Poudre Valley R. E. A. will not co-operate in undergrounding of lines or permanent construction of facilities referred to in paragraphs 1, 2, and 3 of our original agreement; therefore, it is agreed by the parties to amend said agreement to provide that the City of Fort Collins shall provide Evergreen Park with similar services elsewhere in the Evergreen Park project, specifically the extension of underground electrical services from College Avenue to Block 1, the shopping center site and Block 2, the office park site; the City has estimated the cost of said work to be $27,210.68; the remaining balance shall be applied as a credit against additional future services as the parties may agree. EVERGRE N P , a joi t venture BY CITY OF FO COLLINS, a Municipal Corporation ATTEST: Z--Z'�eu' BY: (3VLJ� City Clerk City Manager September 4, 1975 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 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 maintenance; (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 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 3 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 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 pursuant to 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 pursuant to 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 pursuant to this development. II. Special Conditions A. Water Lines Not Applicable B. Sewer Lines Not Applicable C. Storm Drainage Lines and Appurtenances 1. The Developer and the City agree that all on -site and off -site storm drainage improvements shall be completed by the Developer in accordance with the approved plans prior to the issuance of a 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. Any deviations from the approved utility plans shall be the responsibility of the Developer to correct prior to the issuance of a Certificate of Occupancy. Said certification shall be submitted to the City at least two weeks prior to the date of issuance of a 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 4 this development. The Developer shall also be required to post a security deposit in the amount of $ 1,77,5.00 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. 3. The Developer and the City agree that the Developer shall be responsible to obtain the City's approval of any changes from the approved utility plans in grade elevations and/or storm drainage facility configuration that occur as a result of the construction and development of this lot, whether by the Developer or other parties. The City reserves the right to withhold the issuance of Certificates of Occupancy until the City has approved such changes as being acceptable for the safe and efficient delivery of storm drainage water. D. Streets. 1. The Developer and the City agree that no street oversizing reimbursement is due the Developer for this development. 2. The Developer and the City agree that the Developer is responsible for all costs for the initial installation of traffic signing and striping for this development related to the development local street operations. In addition the Developer is responsible for all costs for traffic signing and striping related to directing traffic access to and from the development (eg. all signing and striping for a right turn lane into the development site). F. 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) 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 5 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. 3. The issuance of any building permit by the City is made solely at the Developer's own risk and the Developer shall hold the City harmless from any and all damages or injuries arising directly or indirectly out of the issuance of said permit prior to the completion of the requirements in accordance with Section 29-678 of the Code of the City. 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 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 such 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 C.1 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. H. This Agreement shall run with the Property and shall be binding upon 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 real or proprietary 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 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 five (5) days within which to cure said default. 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. ATTEST: CITY CLERK APPROVED AS TO CONTENT: Dire for of Engineering APPROV D AS TO FORM: ,GZtitX C' City Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation i FO .�- DEVELOPER: D & D Development, a Colorado general partnership By: 6_1Z 1,7 Daniel Vo al, Generay/Partner ?i y: Dick Wartenbe, General Partner 0 EXHIBIT "A" 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.