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HomeMy WebLinkAboutGARTH COMMERCIAL PLAZA - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-12SUBDIVISION AGREEMENT ThIS AGkEEI�TIAT, wade and entered into this day of A.U. 1980, by and between THE CITY OF FGRT COLLINS, COLORADO, a municipal Corporation, hereinafter referred to as "tne City," and E.k. BETZ anti CFORGE A. hOLTLP., hereinatter referred to as "the Developer," WITNESSETH: WHEkLAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: Garth Commercial Plaza, located in the Northeast 1/4 of Section 35, Township / North, Range 69 West of the bth P.N., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer oesires to Gevelop said property as a com- mercial 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 Enaineerinq Services and made a part hereof by reference; and VhEREAS, the parties heretc have agreed that the development of said lanes will require increased municipal services from the City in order to serve such area and will further reuuire the installation of certain improvements primarily of benefit to the lands to be developed and nct to the City of Fort Collins as a whole; and improvements, (2) obtaining a building permit therefor, or (3) any change in grade, contour or appearance of the 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 public water lines, fire hydrants, sanitary sewer lines, and public streets (including curb, gutter, sidewalk and pavement with at least the base course completed) serving such structure have been completed and accepted by the City. Notwithstanding the foregoing, the Developer shall be entitled to receive a footing and foundation permit for the construction of improvements within the development upon the installation of adequate water lines, fire hydrants, and emergency access to provide fire protection and other emergency services to the site. 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 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. 2 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. 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 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 Colorado 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. 3 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 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 Conditions A. Water Lines 1. If repair and maintenance of City water lines on -site requires excavation in areas of special pavement surfacing (e.g. colored concrete, pavers, etc.) the City shall resurface the area with asphalt pavement per City standards. If replacement of any special pavement surfacing is desired, the Owner shall be responsible for all costs associated with said resurfacing and the actual reconstruction/construction associated with said resurfacing. B. Sewer Lines 1. If repair and maintenance of City sewer lines on -site requires excavation in areas of special pavement surfacing (e.g. colored concrete, pavers, etc.) the City shall resurface the area with asphalt pavement per City standards. If replacement of any special pavement surfacing is desired, the Owner shall be responsible for all costs associated with 4 said resurfacing and the actual reconstruction/construction associated with said resurfacing. 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 for the development, shall be completed by the Developer in accordance with said approved plans prior to the issuance of any certificate of occupancy for the development. Completion of improvements shall include the certification by a professional engineer licensed in Colorado that the drainage facilities which serve this development have been constructed in conformance with said approved plans. Said certification shall be submitted to the City at least two (2) weeks prior to the date of issuance for any certificate of occupancy for the development. 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 $2,310.00 prior to beginning construction to guarantee the proper installation and maintenance of the erosion control measures shown on the approved utility plans for this development. Said security deposit shall be made in accordance with the criteria set forth in the City's 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 shall obtain the City's prior 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 of buildings and/or development of the Property, whether by the Developer or other parties. The City reserves the right to withhold the issuance of building permits and certificates of occupancy for the development until the City has approved such changes as being acceptable for the safe and efficient delivery of storm drainage water. 4. The building to be constructed in the development abuts certain storm drainage facilities and it is agreed that it is of the utmost importance that no storm water from said facilities enters said building. In order to provide the assurance that said building is constructed at an elevation that said storm water cannot enter, the approved utility plans for this development contain specifications for the minimum elevation for any opening to said building. Prior to the issuance of a certificate of occupancy for said building, the 5 Developer shall provide certification from a professional engineer licensed in Colorado that the lowest opening to said building is at or above the minimum elevation required on the approved utility plans for the development. Said certification is in addition to, and may be done in conjunction with, the site certification described in paragraph II.C.1. above. 5. The Developer and the City agree that the Developer is obligated to maintain all on -site storm drainage facilities not accepted for maintenance by the City and all off -site storm drainage facilities not accepted for maintenance by the City serving this development and outside of the public rights -of -way. D. Streets 1. The Developer and the City agree that no street oversizing reimbursement from the City 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's 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 (e.g., all signing and striping for a right turn lane into the development site). E. Ground Water 1. The City shall not be responsible for, and the Developer hereby agrees to indemnify the City against, any damages or injuries sustained in the development as a result of groundwater seepage or flooding, unless such damages or injuries are sustained as a result of the City's failure to properly maintain its storm drainage facilities in the public rights -of -way. F. Hazards and Emergency Access 1. Prior to beginning any building construction, and throughout the buildout of this development, 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 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. 0 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 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. 7 H. This Agreement shall run with the Property and shall be binding upon and inure to the benefit of the parties hereto, their respective 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 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 ten (10) 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. 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. Any notice or other communication given by any party hereto to any other party relating to this Agreement shall be hand -delivered or sent by certified mail, return receipt requested, addressed to such other party at their respective addresses as set forth below; 1.1 and such notice or other communication shall be deemed given when so hand -delivered or three (3) days after so mailed: If to the City: Engineering Development Review City of Fort Collins P.O. Box 580 Fort Collins, Co 80522 With a copy to: City Attorney's Office City of Fort Collins P.O. Box 580 Fort Collins, Co 80522 If to the Developer: Degeneffe Enterprises Inc 27 Marquette Dr. Cody WY 82414 With a copy to: David Osborn Esq. Osborn and Bloom P.C. 217 W. Olive St. Ft. Collins CO 80521 If to the Owner: Not Applicable With a copy to: Not Applicable Notwithstanding the foregoing, if any party to this Agreement, or their successors, grantees or assigns, wishes to change the person, entity or address to which notices under this Agreement are to be sent as provided above, such party shall do so by giving the other parties to this Agreement written notice of such change. O. 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 0 agreement between the parties hereto pertaining to the matters addressed in this Agreement. There shall be deemed to be no other terms, conditions, 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 fore 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: _ Q4 1. 4t;JLA- City anager ATTEST: City Clerk APPROVED AS TO CONTENT: irector of Engineering `j ff PROVED AS TO FORM: As istant City Attorney DEVELOPER: DEGENEFFE ENTERPRISES, a Wisconsin corporation By: — Marvin P. Degeneffe, re Jent ATTEST: Marie E. Degenefe, Secretary (corporate seal) 10 EXHIBIT "A" Schedule of water lines to be installed out of sequence. Not Applicable. 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. 11 V1 EREAS, 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. NM, 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 hikepaths 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 buiIdino 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 (666') 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 he 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 -2- EXHIBIT "B" Not Applicable 12 Garth Commercial Plaza (A portion of Lot 7 is to be known as Boardwalk Crossing P.U.D.) Amendment Agreement No.1 THIS AGREEMENT, made and entered into this / 5 day of 198> by and between the CITY OF FORT COLLINS, =RADO, a mum cipal corporation ("City"), and GEORGE A. HOLTER, owner, ("Developer"), is an amendment to that certain Subdivision Agreement dated the 29th day of April, 1980, by and between the City and E.R. Betz and George A. Holter By this Agreement, the aforesaid Subdivision Agreement is hereby amended in the following particulars: A. The following replaces paragraph 2.C.: 2.C. :norm drainage lines and appurtenances. All storm drainage facilities shall be completed by the Developer and approved by the City prior to the issuance of the Certificate of Occupancy for Boardwalk Crossing P.U.D. See Exhibit "A" of the original Subdivision Agreement. B. The following replaces paragraph 2.D.: 2.D. Streets. 'The City agrees to repay the Developer for oversizing Boardwalk Drive to collector standards in lieu of local street standards in accordance with Section 99-6.F. of the Code of the City of Fort Collins. When payment is requested by the Developer, The City's obligation for payment shall be limited to those funds then budgeted, appropriated, and available by the City for that development or work then completed. Except as hereon amended or modified, the Subdivision Agreement shall continue in full force and effect. This agreement and the Subdivision Agreement consititutes the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. CITY OF FORT COLLINS a mVfi tVal/corporakion ger APPROV ��i y for ei City Engineer -2- OWNER eorge A, olter 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 pules 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 leaoing in and from the main to the property line. G. The installation of all utilities shown on the utility draw- ings small be inspected by the Engineering Services Division of the City and shall be subject to such department's ap- proval. The Ceveloper agrees to correct any deficiencies in such installations in order to meet the requirements of the -3- clans and/or specifications applicable to such installation. In case of conflict, the utility drawings shall superceoe 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 reimburse to the Developer the total cost of the water main (811) bored under College Avenue (U.S. Highway 287) from the Developer's east property line across to the end of the line. This shall include all materials and construction costs frori this Developer's east property line, east to the termination of the line. E;. Sanitary sewer (oversizing, payback, etc.). Not applicable. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). See Exhibit "A". D. Streets (oversizing, traffic lichts, signs, etc.). Not applicable. E. Other reouirements. The Developer shall not be responsible for construction of the sidewalk shown on the north side of Boardwalk Drive. This sidewalk shall he constructed by the Developer of the property to the north. In addition, the Developer shall not be responsible for construction of the -4- curb returns and cross pan at the intersection of RCD Drive and boardwalk Drive. These shall also be the responsibility of the Developer of the property to the north. The Developer to the north shall be required to pay one-half of cost of constructing Boardwalk Drive from the east right-of-way line of RCD Drive to the west right-of-way line of Mason Street, including the radius for intersection at Mason Street and Boardwalk brive. The City will make every effort to collect this from the subsequent Developer but shall not be respon- sible if such collection is not made. F. Sewer line in Mason Street may dead end at the north property line of subject property of the sewer line coming from the north has not been installed at time this property develops; however, such lots that utilize this portion of sewer line cannot be built on. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs, etc. at all construction within the public rignt-of-way and/or ether areas deemed necessary by the Director of Engineering Services in accord- ance with the City's "Mork 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 -5- 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 frorr: dirt caused by his opera- tion. Any accumulation or dirt and/or construction materials which will add to the accumulation of dirt shall be considereu sufficient cause for the City to withholu building permits 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 Lity may have the street cleaned and bill the Ueveloper for said costs of cleaning. Streets will not become open to public use or access until thev are accepted by the City. 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 exposeu at any one time shall not exceed 200,000 square feet for earthworks operations. Teripor- -E- 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. F. 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 requirenents 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. APPROVED: � Fi—'e` for of Pub1it 'orks C City +ttcrney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: City 'Manager E.R. Betz, Develo George AT Holter, Developer -7- FXHTBIT "A" 1. Schedule of water lines to be installed out of sequence. Not applicable. 2. Schedule of sanitary sewer lines to be installed cut of sequence. Not applicable. h Schedule of street improvements to be installed out of sequence. Not applicable. 4. Storm drainage improvements to be installed out of sequence. The Developer agrees to require each lot to detain storm, water and release into the Fiason Street Interceptor Storm Sewer in accordance with the City's Storm Drainage Lesion Criteria. The Developer agrees, further, to participate in the cost of the Mason Street Interceptor Storm Sewer (District 17) at a total cost to Developer of $39 153.03 exclusive of adjustments rude to recognize the inflation factor accord- ino to the regional Handy -Whitman Index. At the time any building permit or permits are taken out for the property, Developer agrees to pay the pro-rata share per acre which is, 2,751•07 and based upon that acrace subject to any one permit. Lots 1-6 may drain into Mason Street after detention and from there will Grain into the storm sewer through the nearest catch basin, in either Mason Street or Boardwalk Drive. DEVELOPMENT AGREEMENT ,41 THIS AGREEMENT, made and entered into this day ofo�99k, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and DEGENEFFE ENTERPRISES, INC., a Wisconsin corporation, 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: RAMADA LIMITED SUITES P.U.D., being Lots 1 and 2 of Garth Commercial Plaza located in the Northeast 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. 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