HomeMy WebLinkAboutHEARTHFIRE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-24DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this & fL day of Ocdo�e. 1997,
by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City" ands}3id3arx£s=Eaic d3enefopezen�£a aap��
�cloradagQaera4pa+tner�hip, hereinafter referred to as the "Developer'; and Norman and
Carolyn Jewett, as individuals and Kathryn E. Hoffman, an individual, hereinafter referred
to as the "Owner".
WITNESSETH:
WHEREAS, the Developer has entered into an agreement with the Owner to acquire
ownership 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:
Hearthfire PUD 1st Filing, located in the South 112 of Section 30, Township 8
North, Range 68 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:
* HEARTHFIRE, INC., a Colorado corporation
construction fence shall be installed prior to any other construction of this development.
The Contractor shall meet with the City Natural Resources and Stormwater Utilities staff
on -site prior to the commencement of any on -site grading activities.
Ill. 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.
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G. Financial obligations of the City of Fort Collins payable after the current fiscal
year and/or not appropriated or budgeted are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available by the Fort Collins City Council.
H. This Agreement shall run with the Property and shall be binding upon and inure
to the benefit of the parties hereto, their 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 parry 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.
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OC2-01-97 17:07 FROM: MARCH AND MYATT PC TO: 9704923036 PAGE 3
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;
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: Rio#xearthfire, Inc.
4884£h>¢{�etmdafetDeiw• 11941 W. 48th Avenue
Fert4oilirae•■00�80G wheat Ridge, CO 80033
With a copy to: Lucia A. Liley
March & Myatt P.C.
P.O. Box 469
Fort Collins, CO 80522-0469
(970) 482-4322
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
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.
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P. The Owner is made a party to this Agreement solely for the purpose of subjecting
the Property to the covenants contained in this Agreement. The City and the Developer
expressly acknowledge and agree that the Owner shall not be liable for any obligations of
the Developer under this Agreement, unless the Owner were to exercise any of the rights
of the Developer in which event the obligations of the Developer shall become those of the
Owner.
ATTEST:
1 .011
City Clerk
APPROVED AS TO CONTENT:
Director of Engineering
APPROVSP AS TO FORM:
Deputy City Attorney
Attest:
Secretary
THE CITY OF FORT COLLINS, COLORADO,
a Municip Corporation
By x<
City Wnager
DEVELOPER:
-Rictwel %fakeDevek>�-Gempaey,
AGelefad geMeretpaftemhip-
:�r m�•r�.r. rnEM,
HEARTHFIRE, INC., �olora� corporation,
i
Title:
13
ft
OWNERS:
Norman Jewett
Carolyn Jemktt
By:r�
Kathryn E/,,H6ffman
Mll
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.
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EXHIBIT "B"
Not Applicable
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I. General Conditions
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement, "development
activities" shall include, but not be limited to, the following: (1) the actual construction of
improvements, (2) obtaining a building permit therefor, or (3) any change in grade, contour
or appearance of 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.
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E. Except as otherwise herein specifically agreed, the Developer agrees to install
and pay for all water, sanitary sewer, and storm drainage facilities and appurtenances, and
all streets, curbs, gutters, sidewalks, bikeways and other public improvements required by
this development as shown on the approved plat, site, landscape and utility plans, and
other approved documents pertaining to this development on file with the City.
F. 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. The City agrees to give
notice to the Developer of any claim made against it to which this indemnity and hold
harmless agreement by the Developer could apply, and the Developer shall have the right
to defend any lawsuit based on such claim and to settle any such claim provided Developer
must obtain a complete discharge of all City liability through such settlement. Failure to of
the City to give notice of any such claim to Developer within ninety (90) days after the City
first receives a notice of such claim under the Colorado Governmental Immunity Act for the
same, shall cause this indemnity and hold harmless agreement by the Developer to not
apply to such claim and such failure shall constitute a release of this indemnity and hold
harmless agreement as to such claim. Approval of and acceptance by the City of any
storm drainage faciility 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
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intended for the benefit of the City, and subsequent purchasers of property in the
development.
I. The Developer shall pay storm drainage basin fees in accordance with Chapter
26, Article VII of the City Code. Storm drainage improvements eligible for credit or City
repayment under the provisions of Chapter 26 are described together with estimated cost
of the improvements on the attached Exhibit "B," which improvements, if applicable, shall
include right-of-way, design and construction costs. See Section II.C, Special Conditions,
Storm Drainage Lines and Appurtenances, for specific instructions.
J. The Developer shall provide the Director of Engineering with certified Record
Plan Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase
of the construction.
K. The Developer specifically represents that to the best of its knowledge all
portions of the Property dedicated to the City associated with this development are in
compliance with all environmental protection and anti -pollution laws, rules, regulations,
orders or requirements, including solid waste requirements, as defined by the U. S.
Environmental Protection Agency Regulations at 40 C.F.R., Part 261, and that such
portions of the Property as are dedicated to the City pursuant to this development, are in
compliance with all such requirements pertaining to the disposal or existence in or on such
dedicated property of any hazardous substances, pollutants or contaminants, as defined
by the Comprehensive Environmental Response Compensation and Liability Act of 1980,
as amended, and regulations promulgated thereunder. The Developer does hereby
indemnify and hold harmless the City from any liability whatsoever that may be imposed
upon the 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. The City agrees to give notice to the Developer of any claim made
against it to which this indemnity and hold harmless agreement by the Developer could
apply, and the Developer shall have the right to defend any lawsuit based on such claim
and to settle any such claim provided Developer must obtain a complete discharge of all
City liability through such settlement. Failure to of the City to give notice of any such claim
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to Developer within ninety (90) days after the City first receives a notice of such claim
under the Colorado Governmental Immunity Act for the same, shall cause this indemnity
and hold harmless agreement by the Developer to not apply to such claim and such failure
shall constitute a release of this indemnity and hold harmless agreement as to such claim.
In addition, the City shall not settle any such claim without the Developer's prior written
consent.
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, 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 more than 22 building permits 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 weeks prior to the date of issuance of more than said 22 building permits 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 $30,000 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(s) 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(s) as may be necessary to pay all costs incurred by the
City in undertaking the administration, construction, and/or installation of the erosion
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control measures required by said plans and the Criteria. In addition, the City shall have
the option to withhold building permits and certificates of occupancy, as stated in
Paragraph III.D of this Agreement, as it deems necessary in order to ensure that the
Developer installs and maintains the erosion control measures throughout the buildout of
this development.
3. The Developer and the City agree that the storm drainage system for this
development contains some features that make it important to construct the facilities in
accordance with the plans and to ensure that the facilities are maintained and kept
operational throughout the buildout of this development. For this reason the following
additional requirements shall be followed for building on all Lots :
4. The Developer and the City agree that it is important that all lots be
graded to drain in the configuration shown on the approved plans for this development.
For this reason the following requirements shall be followed for building on all Lots:
Prior to the issuance of a certificate of occupancy for any lot, the Developer shall
provide the City with certification that the lot has been graded correctly, including
the grading of any minor swales; the lot corner elevations specified on the approved
plans are correct and in accordance with the approved plans; and the finished floor
elevation for all buildings constructed on said lot has been completed in accordance
with the approved plans. Said certification shall be completed by a Colorado
licensed professional engineer and shall be submitted to the City at least two weeks
prior to the date of issuance of the desired certificate of occupancy.
5. 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 houses and/or development of lots, whether by
the Developer or other parties. The City reserves the right to withhold the issuance of
building permits and certificates of occupancies for this development until the City has
approved such changes as being acceptable for the safe and efficient delivery of storm
drainage water.
6. 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.
7. Any grading or disturbance of wetlands outside of the approved limits of
disturbance as delineated on the approved utility plans is not allowed. If any disturbance
outside of the delineated limits of disturbance does happen, as those limits are defined on
the approved utility plans, a minimum of 1.5 to 1 wetlands replacement rate would be
required.
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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).
3. The Developer shall not be issued building permits for Lots 45 through 49
of the Property until Towncenter Drive has been constructed in accordance with City
standards past the lot(s) for which a building permit is being requested and completed with
either (1) City approved temporary turnaround, (2) permanent cul-de-sac or (3) extended
to become a through street in accordance with City standards.
4. The Developer is obligated to design and construct Douglas Road from
Hearthfire Way to State Highway 1. The improvements shall consist of 36' of pavement
with a design life of 10 years and striped with two 12' travel lanes and two 6' bicycle lanes.
No building permits shall be issued until said improvements are complete and accepted by
the City. Notwithstanding the foregoing, the developer shall have the option to postpone
the design and construction of the above described improvements, following the escrow
of funds to be deposited with the City in the form of cash, bond, nonexpiring letter of credit
or other form of City approved security sufficient to guarantee completion of said design
and construction. The amount of said funds shall be equal to the estimated cost to
construct said improvements, which estimate shall be prepared by the Developer and
approved by the City, plus an additional 50% to cover any contingencies and unexpected
costs. Said amount shall be deposited with the City prior to the issuance of any building
permit for this development.
Any interest earned by the City as a result of said deposit shall be the property of the City
to cover administration and inflation in order to better assist the City in making
reimbursement to the party who constructs said improvements.
If the Developer is the party that constructs said improvements, upon completion of said
improvements and acceptance of them by the City, the City shall return to the Developer
the amount deposited plus any interest earned by the City as a result of said deposit, less
3% of the total amount remaining, (which includes said amount deposited plus the interest
earned by the City) to be kept by the City to cover its costs for administration of said
deposits.
5. The Developer and the City agree that no more than 22 building permits
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for this Development shall be issued prior to City approval of the design of the Douglas
Road improvements.
6. The Developer and the City agree that no more than 91 building permits
for this Development shall be issued or no more than 18 months shall elapse from the date
of the plat filing prior to the construction and City approval and acceptance of the Douglas
Road improvements. At such time that the 18 months elapses and said improvements are
not completed, the City shall have the right to hold all further building permits and
certificates of occupancy for the development.
7. The Developer shall not be issued building permits for Lot 65 of the
Property if access is taken off of Waxwing Court until Waxwing Court has been completed
with either (1) City approved temporary turnaround, (2) permanent cul de sac or (3)
extended to become a through street in accordance with City standards.
8. The Developer is obligated to design and construct Morningstar Way. In
lieu thereof, the Developer shall have the option to escrow funds with the City in the form
of cash, bond, nonexpiring letter of credit or other form of City approved security sufficient
to guarantee completion of said design and construction. The amount of said funds shall
be equal to the estimated cost to construct said improvements, which estimate shall be
prepared by the Developer and approved by the City, plus an additional 50% to cover any
contingencies and unexpected costs. Said amount shall be deposited with the City prior
to the issuance of any building permit for this development.
Any interest earned by the City as a result of said deposit shall be the property of the City
to cover administration and inflation in order to better assist the City in making
reimbursement to the party who constructs said improvements.
If the Developer is the party that constructs said improvements, upon completion of said
improvements and acceptance of them by the City, the City shall return to the Developer
the amount deposited plus any interest earned by the City as a result of said deposit, less
3% of the total amount remaining, (which includes said amount deposited plus the interest
earned by the City) to be kept by the City to cover its costs for administration of said
deposits.
9. Prior to the issuance of the 91st building permit in the development, the
Developer is obligated to construct a collector street to connect Hearthfire P.U.D. to County
Road 11 if this connection has not already been built.
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
0
result of ground water seepage or flooding, structural damage, or other damage unless
such damages or injuries are sustained as a result of the City's failure to properly maintain
its storm drainage facilities in the development.
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.
G. Wetlands
1. The Developer shall post a security deposit in the amount of $15,576.92
prior to beginning construction to guarantee the proper installation and maintenance of the
wetland mitigation measures shown on the approved utility plans for this development. If,
at any time, the Developer fails to abide by the provisions of the approved wetland
mitigation plans, 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, installation, establishment, and/or
maintenance of the wetland mitigation measures required by said plans. In addition, the
City shall have the option to withhold building permits and certificates of occupancy, as
stated in Paragraph III. D of this agreement, as it deems necessary in order to ensure that
the Developer installs, monitors, maintains and protects from construction, the wetland
mitigation measures throughout the buildout of this development, and/or throughout a two
year establishment period following construction. Said two year establishment period shall
commence upon release of the first full building permit by the City. Said security deposit,
or any unused portion thereof, shall be released to the Developer by the City's Natural
Resources staff, following said staffs inspection and approval of satisfactory establishment
of said mitigation measures. Said inspection shall be initiated by request from the
Developer.
2. The Developer and the City agree that no grading, other than that
delineated on the approved Wetland Mitigation plan, shall be performed in the wetland
areas. All wetlands to be preserved shall be delineated with a construction fence and said
W