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HomeMy WebLinkAboutMARKET AT HORSETOOTH COMMONS PUD - Filed DA-DEVELOPMENT AGREEMENT - 1987-06-22DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this Today of June, 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, ("the City,") and CENTER VENTURE INC., a Colorado Corporation ("the Devel- oper"), and KARG VENTURES, a General Partnership (the 'Owner"). WITNESSETH: WHEREAS, the Developer has entered into an agreement with the Owner to acquire ownership of certain property situate in the County of Lari.mer, State of Colorado, and legally described as follows, to -wit: MARKET AT HORSETOOTH COMMONS, PHASE I, P.U.D., being a Replat of Tract D of Horsetooth Commons P.U.D., a Sub- division of the City of Fort Collins, Larimer County, State of Colorado. WHEREAS, the developer desires to develop said property and has submitted to the City a subdivision plat and/or a site plan, a copy of which is on file in the Office of the City Engineer and made a part_ hereof by reference: and WHEREAS, the Developer has Further submitted to the City a util- ity plan for said lands, a copy of which is on file in the office of the City Engineer and made a part hereof by reference; and WHEREAS, the parties hereto have agreed that the development of said lands will require increased municipal services from the City in order to serve such area and will further require the installation of certain improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, the City has approved the subdivision plat and/or site such waiver shall be held or construed to be a waiver of any subsequent breach hereof. H. Financial obligations of the City of Fort Collins payable after the current fiscal year and/or not appropriated or bud- geted are contingent upon funds for that purpose being appro- priated, budgeted and otherwise made available. i. It: is understood and agreed that the owner has executed a contract to convey the property which is the subject of this agreement to the developer.. Accordingly, the present inten- tions of the owner are to convey the property to the Devel- oper for subsequent development and not to develop property himself/herself. Nevertheless, if either the developer or the owner should commence development activities upon the subject property, the owner shall be bound (and if such acti- vities were commenced by the developer, the developer shall be bound) to perform the obligations as defined herein or, in the City's sole determination, such portions thereof as are necessary to preserve the public health, safety and welfare. J. This Agreement shall run with the real, property herein above described and shall be binding upon the parties hereto, their personal representatives, heirs, successors, grantees and a -signs. Assignment of interest within the meaning of this paragraph shall specifically include, but not be limited to, assignment of any portion of the Developer's proprietary interest in the real property hereinafter described, as well &s any assignment of the Developer's rights to develop such property under the terms and conditions of this agreement. -10- K. In the event the Developer herein after transfers title to such real property and is thereby divested of all equitable and legal interest in said property, the City hereby agrees to release said Developer from liability under this Agreement with respect to any breach of the terms and conditions o` this Agreement occurring after the date of any such transfer of interest. L. Each and every term and condition of this Agreement shall be deemed to be a material element thereof. In the event either party shall fail or refuse to perform according to the terms of this Agreement, such party may be declared in default. In the event a party has been declared in default hereof, such defaulting party 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 perfornance; or, (c) avail itself_ of any other remedy at law or equity. M. In the event of 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 attorneys' fees and costs incurred by reason of default. Nothing herein shall be construed to prevent or interfere with the City's rights and remedies specified in Paragraph 3 E of this Agreement. -11- THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By C- C ity Manager ATTEST: City Clerk APPROVED AS TO FORM: City E sneer Assistant City Attorney THE; DEVELOPER: CENTER VE1,TrURF. INC., a Colorado Corporation By: Deb5ie Tam in, Preslden't n ATTEST: (corporate seal) THE OWNER: KARG VE�IP�SRES, ,a)eneral Partnership; ( By: 1C�an, General Partner By: JerrV J. Ka , Generpl Partner -12- EXHIBIT "A" 1. Schedule of water lines to be installed out of sequence. Not Applicable. 2. Schedule of sanitary sewer lines to be installed out of sequence. Not Applicable. 3. Schedule of street improvements to be installed out of sequence. Not applicable. 4. Storm drainage improvements to be installed out of sequence. Not applicable. -13- EXHIBIT "B" COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS The Development Agreement for Horsetooth Commons includes only those major storm drainage basin improvements required by the adopted Foothills Basin Master Plan as follows: ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 1. Storm sewer, manholes, end sections, are. (a) Remove & replace shrub on Clark's property 1 Ea. 200/Ea. $ 200 (b) Remove concrete plugs 2 Ea. 150/Ea. 300 (c) Sawcut & remove existing walk, curb & gutter 30 L.F. 4/L.F. 12C (d) Remove existing asphalt 85 S.Y. 4/S.Y. 340 (e) Remove & reset fence 20 L.F. 7.50/L.F. 150 (f) 36" RCP Type III 1,203 L.F. 85/L.F. 102,255 (g) 42" RCP Type _II 69 L.F. 100/L.F. 6,900 (h) 6' diameter manhole 3 Ea. 2,250/Ea. 6,750 (i) Lower 8" water 1 Ea. 1,500/Ea. 1,500 (j) Lower gas services 2 Ea. 300/Ea. 600 (k) Lower water services 2 Ea. 300/Ea. 600 (t) Replace pavement 85 S.V. 10/S.Y. 850 (m) Replace curb 30 L.F. 8/L.F. 240 (n) Replace sidewalk 210 S.F. 2/S.F. 420 (c) Sod 8,000 S.F. 0.16/5.F. 1,280 (p) Relocate meter pit 1 Ea. 500/Ea. 500 (q) Area inlet 2 Ea. 2,500/Ea. 5,000 Sub -Total $128,005 2. Right-of-way & easement acquisition (a) From Clarks 0.12 As. $10,000/Ac. 1,200 (h) From Progressive Living Structures 0.18 Ac. $10,000/Ac. 1,800 Subtotal $ 3,000 3. Professional Engineering Services (a) Design Engineering Lump Sum 6,500 (b) Construction Engineering & Staking Lump Sum 5,675 Subtotal $ 12,175 EXHIBIT "B" - Page 2 ITEM EESCRIPTION QUANTITY 4. Other (a) Contingency (10%) Total estimated cost of Storm Drainage improvements eligible for credit or City repayment. Prepared by: Address: UNIT COST TOTAL COST Lump SUM 14,218 7 � Title: $157,398 DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of June, 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, ("the City,") and CENTER VENTURE INC., a Colorado Corporation ("the Devel- oper"), and KARG VENTURES, a General Partnership (the "Owner"). WITNESSETH: WHEREAS, the Developer has entered into an agreement with the Owner to acquire ownership of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: MARKET AT HORSETOOTH COMMONS, PHASE I, P.U.D., being a Replat of Tract D of Horsetooth Commons P.U.D., a Sub- division of the City of Fort Collins, Larimer County, State of Colorado. WHEREAS, the developer desires to develop said property and has submitted to the City a subdivision plat and/or a site plan, a copy of which is on file in the Office of the City Engineer and made a part hereof by reference: and WHEREAS, the Developer has further submitted to the City a util- ity plan for said lands, a copy of which is on file in the office of the City Engineer and made a part hereof by reference; and WHEREAS, the parties hereto have agreed that the development of said lands will require increased municipal services from the City in order to serve such area and will further require the installation of certain improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, the City has approved the subdivision plat and/or site plan submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utili- ties and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and ade- quacy of which is hereby acknowledged, it is agreed as follows: 1. General Conditions. A. The terms of this Agreement shall govern all development activities of the Developer pertaining to the subject prop- erty described above. For the purposes of this Agreement, "development activities" shall include, but not be limited, to the following: (1) The actual construction of improve- ments, (2) Obtaining a building permit therefor, or (3) Any change in the 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 bik:epaths shall be installed as shown on the approved utility plans and in full compliance with the Council -approved stan- dards and specifications of the City on file in the Office of the City Engineer at the time of approval of the utility plans relating to the specific utility, subject to a two (2) year time limitation from the date of execution of this agreement. In the event that the Developer commences or per - Forms any construction pursuant hereto after two (2) years from the date of execution of this agreement, the Developer -2- shall resubmit the project utility plans to the City Engineer 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 City Engineer 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 and streets (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 (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 City Engineer has determined that any waiter lines, sanitary sewer lines, storm sewer 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 sewer facilities and appurtenances, and all streets, curbing, gutter, sidewalks, bikeways and other public -3- improvements required by this development as shown on the plat, utility and landscape plans, and other approved docu- ments pertaining to this development on file with the City. F. Street improvements (except curbing, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all individual lot service lines leading in and from the main to the property line. G. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of the City and shall be subjected 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 drawings shall supersede the standard specifications. H. All storm drainage facilities shall be so designed and con- structed by the Developer as to protect downstream and adja- cent properties against injury and to adequately serve the property to be developed (and other lands as may be required, if any). The Developer has met or exceeded minimum require- ments for storm drainage facilities as have been established by the City in its Drainage Master Plans and Design Criteria. The Developer does hereby indemnify and hold harmless the City from any and all claims that might arise, directly or indirectly, as a result of the discharge of injurious storm drainage or seepage waters from the development in a manner plan submitted by the Developer subject to certain requirm- ants and conditions which involve the installation of and construction of utili- ties and other_ municipal improvements in connection with .said lands. NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and ade- quacy of which is hereby acknowledged, it is agreed as follows: 1. General Conditions. A. The terms of this Agreement shall govern all development activities of the Developer pertaining to the subject prop- erty described above. For the purposes of this Agreement, "development activities" shall include, but not be limited, to the following: (1) The actual construction of improve- ments, (2) Obtaining a building permit therefor, or (3) Any change in the 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 stan- dards and specifications of the City on file in the Office of the City Engineer at the time of approval of the utility plans relating to the specific utility, subject to a two (2) year time limitation from the date of execution of this agreement. In the event that the Developer commences or per- forms any construction pursuant hereto after two (2) years from the date of execution of this agreement, the Developer -2- or quantity different from that which was historically dis- charged 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 mainte- nance 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 as 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 relin- quishment 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 also be intended for the benefit of the City and subsequent purchas- ers of property in the development. I. The Developer shall pay storm drainage basin fees in accor- dance with Chapter 93 of the City Code. Storm drainage improvements eligible for credit or City repayment under pro- visions of Chapter 93 are described together with the esti- mated cost of the improvements on the attached Exhibit "B", which improvements shall include right of way, design and construction costs. J. The Developer shall provide the City Engineer_ with certified Record Utility Drawing Transparencies on Black Image Diazo -5- Reverse Mylars upon completion of any phase of the construc- tion. 2. Special Conditions. A. Water lines. Not Applicable B. Sewer lines. Not Applicable C. Storm drainage lines and appurtenances. (i) Prior to the issuance of the certificate of occupancy for Lot 1, the Developer agrees to complete (to the City's approval) all storm drainage facilities and appurtenances Eor this Lot. The said drainage facilities include all offsite drainage improvements as shown on file in the City Engineer's Office. (ii) Prior to the issuance of the certificate of occupancy for Lot 3, the Developer agrees to complete (to the City's approval) all storm drainage facilities and appurtenances for this Lot. The said drainage facilities include all offsite drainage improvements as shown on file in the City Engineer's Office. (iii)The Ceveloper acknowledges that the detention pond for The Residences at Horsetooth Commons is located in this filing and grants the Developer of The Residences at Horsetooth Com- mons the license and privilege to construct said detention pond (not to exceed 0.38 acre feet in volume as shown on the approved utility plans), on Lot 3 in order to develop The Residences at Horsetooth Commons. (iv) The Developer acknowledges that "Exhibit B" for this develop- ment and "Exhibit B" for The Residences at Horsetooth Com- mons includes a portion of the same offsite storm drainage improvements. If this development (The Market at Horsetooth Commons, Phase I) occurs first, then all offsite storm drain- age facilities shall be completed and "Exhibit B" for The Residences at Horsetooth Commons shall be void and not eligi- ble for reimbursement. In the event The Residences at Horse - tooth Commons occurs first, the portion of the offsite improvements completed (as required by the Development Agree- ment for The Residences at Horsetooth) shall be deleted from "Exhibit B" attached to this Development Agreement (The Mar- ket at Horsetooth Commons Phase I). All reimbursements to the Developer shall conform with the provisions of Chapter 93 of the City Code. (v) The Developer agrees to revegetate and provide all other rea- Qis sonable erosion control material as required by the City to stabilize all over -lot grading in, and adjacent to this development. The erosion control measures must be completed by the Developer and accepted by the City prior to the issu- ance of any certificate of occupancy for this development. D. Streets (i) The City agrees to reimburse the Developer for oversizing Richmond Drive form a local street to a collector street in accordance with Chapter 99-6.B of the City Code. When payment is requested by the Developer, the City's obli- gation for reimbursement shall be limited to those funds then budgeted, appropriated, and available by the City for that development or work then completed. Prior to the issuance of the first certificate of occupancy for this development, all the improvements for Richmond Drive shall be completed by the Developer and accepted by the City. (ii) Richmond Drive (as shown on the approved plans for this development) is a public improvement required by the City for both this development, and The Residences at Horsetooth Com- mons. The development that first commences development acti- vities shall be required to complete all the improvements to Richmond Drive as shown on the approved plans (on file in the City Engineer's Office). Accordingly, the Richmond Drive oversizing reimbursement agreement for the subsequent devel- opment in the Horsetooth Commons P.U.D. shall be deleted. (iii)The City agree to reimburse the Developer for constructing the portion of the center median in Horsetooth Road west of Shields Street as indicated on the approved utility plans on file in the City Engineer's Office. E. Footing and Foundation permit. Prior to the issuance of the footing and foundation permit for any buildings within this Development, the Developer agrees to the fol- lowing: (i) No combustible material will be allowed on the site until the water system is installed by the Developer and approved by the City. (ii) To provide and maintain an adequate all-weather roadway access to any building under construction, to handle any emergency vehicles or equipment. Such access shall be at a minimum, 20 feet wide roadway of 4" base course material com- pacted according to City Standards, with a 40' radius turnar- ound at each building and dead end. -7- (iii.)The issuance of said footing and foundation permit is solely at the Developer's own risk and the Developer shall hold the City harmless in the event of any damages resulting from the issuance of said permit prior to the completion of the requirements in accordance with the Code of the City of Fort Collins, Article 99-6.B. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices at all construction sites within the public right-of-way and/or other areas as deemed necessary by the City Engineer in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been approved by the City Engineer. 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 rub- bish no less than weekly and, at the completion of the work, shall remove all such waste materials, rubbish, tools, con- struction equipment, machinery, and surplus materials Eran the public right-of-way. The Developer further agrees to maintain the finished street surfaces free from dirt caused by the Developer's operation. Any excessive accumulation of dirt and/or construction materials shall be considered suffi- c-Lent cause for the City to withhold building permits and/or certificates of occupancy until the problem is corrected to the satisfaction of the City Engineer. If the Developer fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the Q:D streets cleaned at the Developer's expense and the Developer shall be responsible for prompt payment of all such costs. C. The Developer hereby insures that his subcontractors shall cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of ero- dible earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall be incorporated into the sub- division at the earliest practicable time. By way of explana- tion and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gablons, and/or other devices. E. The Developer shall, pursuant to the terms of this agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat, or on any replat subsequently filed by the Developer, and the City may withhold such build- ing permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. F. 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. G. Inthe event the City waives any breach of this Agreement, no M such waiver shall be held or construed to be a waiver of any subsequent breach hereof. H. Financial obligations of the City of Fort Collins payable after the current fiscal year and/or not appropriated or bud- geted are contingent upon funds for that purpose being appro- priated, budgeted and otherwise made available. I. It is understood and agreed that the owner has executed a contract to convey the property which is the subject of this agreement to the developer. Accordingly, the present inten- tions of the owner are to convey the property to the Devel- oper for subsequent development and not to develop property himself/herself. Nevertheless, if either the developer or the owner should commence development activities upon the subject property, the owner shall be bound (and if such acti- vities were commenced by the developer, the developer shall be bound) to perform the obligations as defined herein or, in the City's sole determination, such portions thereof as are necessary to preserve the public health, safety and welfare. J. This Agreement shall run with the real property herein above described and shall be binding upon the parties hereto, their personal representatives, heirs, successors, grantees and assigns. Assignment of interest within the meaning of this paragraph shall specifically include, but not be limited to, assignment of any portion of the Developer's proprietary interest in the real property hereinafter described, as well as any assignment of the Developer's rights to develop such property under the terms and conditions of this agreement. _10- K. In the event the Developer herein after transfers title to such real property and is thereby divested of all equitable and legal interest in said property, the City hereby agrees to release said Developer from liability under this Agreement with respect to any breach of the terms and conditions o` this Agreement occurring after the date of any such transfer of interest. L. Each and every term and condition of this Agreement shall be deemed to be a material element thereof. In the event either party shall fail or refuse to perform according to the terms of this Agreement, such party may be declared in default. In the event a party has been declared in default hereof, such defaulting party 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. M. In the event of 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'-, reasonable attorneys' fees and costs incurred by reason of default. Nothing herein shall be construed to prevent or interfere with the City's rights and remedies specified in Paragraph 3 E of this Agreement. -11- THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By City Manager �' jt1 1 APPROVED:2\S TO FORM: � ineer Assistant City Attorney THE DEVELOPER: CENTER VENTURE INC., a Colorado Corporation By: D� ie Tamlin, President ATTEST: (corporate seal) THE CWN9: bTIpRES, General Partnership; By: Kent oodman, General Partner By: j ,Anl%J k ., a4-, ; Je J. )Kavg, Gene al Partner -12- shall resubmit the project utility plans to the City Engineer 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 City Engineer 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, Eire hydrants, sanitary sewer and streets (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 (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 ti.me and/or sequence required on Exhibit "A". If the City Engineer has determined that any water lines, sanitary sewer lines, storm sewer 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 aqrees to install and pay for all water, sanitary sewer and storm sewer facilities and appurtenances, and all streets, curbing, gutter, sidewalks, bikeways and other public -3- improvements required by this development as shown on the plat, utility and landscape plans, and other approved docu- ments pertaining to this development on file with the City. F. Street improvements (except curbing, gutter and walks) shall not. be installed until all utility lines to be placed therein have been completely installed, including all individual lot service lines leading in and from the main to the property line. G. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of. the City and shall be subjected 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 drawings shall supersede the standard specifications. H. All storm drainage facilities shall be so designed and con- structed by the Developer as to protect downstream and adja- cent properties against injury and to adequately serve the property to be developed (and other lands as may be required, if any). The Developer has met or exceeded minimum require- ments for storm drainage facilities as have been established by the City in its Drainage Master Plans and Design Criteria. The Developer does hereby indemnify and hold harmless the City from any and all claims that might arise, directly or indirectly, as a result of the discharge of injurious storm drainage or seepage waters from the development in a manner or quantity different from that which was historically dis- charged 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 mainte- nance 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 as 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 relin- quishment 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 also be intended for the benefit of the City and subsequent purchas- ers of property in the development. I. The Developer shall pay stone drainage basin fees in accor- dance with Chapter 93 of the City Code. Storm drainage improvements eligible for credit or City repayment under pro- visions of Chapter 93 are described together with the esti- mated cost of the improvements on the attached Exhibit "B", which improvements shall include right of way, design and construction costs. J. The Developer shall provide the City Engineer with certified Record Utility Drawing Transparencies on Black Image Diazo -5- Reverse Mylars upon completion of any phase of the construc- tion. 2. special Conditions. A. water lines. Not Applicable B. sewer lines. Not Applicable C. Storm drainage lines and appurtenances. (i) Prior to the issuance of the certificate of occupancy for Lot 1, the Developer agrees to complete (to the City's approval) all storm drainage facilities and appurtenances for this Lot. The said drainage facilities include all offsite drainage improvements as shown on file in the City Engineer's Office. (ii) Prior to the issuance of the certificate of occupancy for Lot 3, the Developer agrees to complete (to the City's approval) all storm drainage facilities and appurtenances for this Lot. The said drainage facilities include all offsite drainage improvements as shown on file in the City Engineer's Office. (iii)The Developer acknowledges that the detention pond for The Residences at Horsetooth Commons is located in this filing and grants the Developer of The Residences at Horsetooth Com- mons the license and privilege to construct said detention pond (not to exceed 0.38 acre feet in volume as shown on the approved utility plans), on Lot 3 in order to develop The Residences at Horsetooth Commons. (iv) The Developer acknowledges that "Exhibit B" for this develop- ment and "Exhibit B" for The Residences at Horsetooth Com- mons includes a portion of the same offsite storm drainage improvements. If this development (The Market at Horsetooth Commons, Phase I) occurs first, then all offsite storm drain- age facilities shall be completed and "Exhibit B" for The Residences at Horsetooth Commons shall be void and not eligi- ble for reimbursement. In the event The Residences at Horse - tooth Commons occurs first, the portion of the offsite improvements completed (as required by the Development Agree- ment for The Residences at Horsetooth) shall be deleted from "Exhibit B" attached to this Development Agreement (The Mar- ket at Horsetooth Commons Phase I). All reimbursements to the Developer shall conform with the provisions of Chapter 93 of the City Code. (v) The Developer agrees to revegetate and provide all other rea- D. sonable erosion control material as required by the City to stabilize all over -lot grading in, and adjacent to this development. The erosion control measures must he completed by the Developer and accepted by the City prior to the issu- ance of any certificate of occupancy for this development. Streets (i) The City agrees to reimburse the Developer for oversizing Richmond Drive form a local street to a collector street in accordance with Chapter 99-6.13 of the City Code. When payment is requested by the Developer, the City's obli- gation for reimbursement shall be limited to those funds then budgeted, appropriated, and available by the City for that development or work then completed. Prior to the issuance of the first certificate of occupancy for this development, all the improvements for Richmond Drive shall be completed by the Developer and accepted by the City. (ii) Richmond Drive (as shown on the approved plans for this development) is a public improvement required by the City for both this development, and The Residences at Horsetooth Com- mons. The development that first commences development acti- vities shall be required to complete all the improvements to Richmond Drive as shown on the approved plans (on file in the City Engineer's Office). Accordingly, the Richmond Drive oversizing reimbursement agreement for the subsequent devel- opment In the Horsetooth Commons P.U.D. shall be deleted. (iii)The City agree to reimburse the Developer for constructing the portion of the center median in Horsetooth Road west of Shields Street as indicated on the approved utility plans on file in the City Engineer's Office. E. Footing and Foundation permit. Prior to the issuance of the footing and foundation permit for any buildings within this Development, the Developer agrees to the fol- lowing: (i) No combustible material will be allowed on the site until the water system is installed by the Developer and approved by the City. (ii) To provide and maintain an adequate all-weather roadway access to any building under construction, to handle any emergency vehicles or equipment. Such access shall he at a minimum, 20 feet wide roadway of 4" base course material com- pacted according to City Standards, with a 40' radius turnar- ound at each building and dead end. -7- (iii)The issuance of said footing and foundation permit is solely at the Developer's own risk and the Developer shall hold the City harmless in the event of any damages resulting from the issuance of said permit prior to the completion of the requirements in accordance with the Code of the City of Fort Collins, Article 99-6.B. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices at all construction sites within the public right-of-way and/or other areas as deemed necessary by the City Engineer in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been approved by the City Engineer. 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 rub- bish no less than weekly and, at the completion of the work, shall remove all such waste materials, rubbish, tools, con- struction equipment, machinery, and surplus materials from the public right-of-way. The Developer further agrees to maintain the finished street surfaces free from dirt caused by the Developer's operation. Any excessive accumulation of dirt and/or construction materials shall be considered suffi- cient cause for the City to withhold building permits and/or certificates of occupancy until the problem is corrected to the satisfaction of the City Engineer. If the Developer fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the streets cleaned at the Developer's expense and the Developer shall be responsible for prompt payment of all such costs. C. The Developer hereby insures that his subcontractors shall cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of ero- dible earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall be incorporated into the sub- division at the earliest practicable time. By way of explana- tion and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions, and/or other devices. E. The Developer shall, pursuant to the terms of this agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat, or on any replat subsequently filed by the Developer, and the City may withhold such build- ing permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. F. 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. G. In the event the City waives any breach of this Agreement, no M