HomeMy WebLinkAboutMOUNTAIN RIDGE FARM PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-23DEVELOPMENT AGREEMENT
r�
T
THIS AGRFEMENT, made and entered into this day of �lCll1(
19A," by and between the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as the "City";
MIRAMONT ASSOCIATES LLC, a Colorado limited liability company,
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:
MOUNTAINIZIDGE FARM P.U.D., 1st FILING, being a portion of the
Southeast 1/4 of the Northeast 1/4 of Section 34, 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 constriction of utilities and other municipal improvements
in connection with the Property.
and (3)the Developer's full and final payment to its contractor(s)
for the completion of said improvements, the Developer may request
that the City Storm Drainage Utility prepare a reimbursement
agreement so that the Developer may seek recovery of portions of
its expenses incurred in constructing said storm sewer from future
development which may utilize said storm sewer. Said reimbursement
agreement will only be prepared at the written request of the
Developer and the Developer is responsible for supplying the City
with copies of all documents which may include bids, receipts,
invoices, etc. necessary to establish and document the actual cost
of construction of said improvements.
9. The Developer and the City agree that the Developer
shall construct regional storm drainage improvements as shown on
the approved utility plans for this development. It is hereby
agreed that in order for the Developer to be entitled to
reimbursement from the City for any expenses incurred in
constructing said improvements, Exhibit "B" describing the
improvements and showing the cost thereof, must be completed by
amendment to this Agreement.
D. Streets
1. Subject to the conditions of this Agreement, the City
agrees to reimburse the Developer for oversizing public street
improvements along South Shields Street for those portions of said
street abutting the Property as shown on the approved utility
plans. Reimbursement shall be for oversizing South Shields Street
from residential standards to arterial standards. The City shall
make reimbursement to the Developer for the aforesaid oversized
street improvements in accordance with Section 24-121 of the Code
of the City. The Developer agrees and understands that the City
shall have no obligation to make reimbursement payments for street
oversizing unless funds for such payments shall first have been
budgeted and appropriated from the Street Oversizing Fund by the
City Council; and the Developer further understands that to the
extent that funds are not available for such reimbursement, the
City may not, in the absence of the Developer's agreement, require
the construction, at the Developer's expense, of any oversized
portion of streets not reasonably necessary to offset the traffic
impacts of the development. The Developer does hereby agree to
construct the aforesaid oversized street improvements with the
10
understanding that the Developer may not be fully reimbursed by the
City for the cost of such construction. The Developer further
agrees to accept payment in accordance with Section 24-121 (d) of
the Code of the City as full and final settlement and complete
accord and satisfaction of all obligations of the City to make
reimbursements to the Developer for street oversizing expenses. It
is anticipated by the City that the City's reimbursement, in
accordance with Section 24-121 (d), would not be less than fifty
percent (50%) of the Developer's actual expenses incurred and will
be calculated in accordance with the formula as set forth in
Section 24-121(d).
2. It is understood that the street improvements to be
constructed as described in this Section II.D. are "City
improvements" and, as such, any contract for the construction of
the same muse be executed in writing. If the cost of such
improvements exceeds the sum of Fifteen Thousand Dollars ($15,000),
the contract for the construction of the same must be submitted to
the City prior to the commencement of the work showing that the
award was given to the lowest responsible bidder. If the cost for
such improvements exceeds fifty thousand dollars ($50,000), the
contract for the construction of the improvements must be insured
by a performance bond or other equivalent security.
3. The Developer is obligated to complete the design and
construction of street improvements along South Shields Street
adjacent to this development. Said improvements shall be completed
prior or the issuance of more than twenty-seven (27) building
permits in the development. Notwithstanding the foregoing, the
Developer shall have the option to postpone the completion of said
improvements and obtain more than said twenty-seven (27) building
permits prior to the completion of said 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 improvements.
The escrow amount shall be 150°s of a City approved engineer's
estimate for the improvements excluding the street oversizing
portion of the improvements for which the Developer may be eligible
for reimbursement or, if a cash escrow is deposited with the City,
said escrow shall be 100°s.of said engineer's estimate.
4. The Developer and the City agree that the Developer
is responsible for all costs for the initial installation of
11
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).
5. The Developer and the City agree that no building
permit shall be issued for Lot 52 of this development, which lot
is designed to take access off the adjoining dead-end street
(Wabash Street) on which said lot fronts, until the adjoining
street is either completed and terminated in a City approved
temporary public turnaround and an easement for such turnaround is
dedicated to the City, or until a permanent public street
connection is made to eliminate the dead-end, in accordance with
Section 29-657(b) and (c) of the City Code.
6. The Developer and the City agree that Lot 50 shall
take access off of Lakecrest Court unless a temporary turnaround
easement is dedicated to the City and a temporary turnaround is
constructed at the end of Wabash Street or until Wabash Street is
connected to a permanent public street to eliminate the dead-end in
accordance with Section 29-657 (b) and (c) of the City Code.
E. Ground Water
1. The Developer and the City recognize that this
development is adjacent to the Pleasant Valley and Lake Canal
irrigation ditch and that seepage from said ditch may impact the
ground water levels in the development. In addition, the Developer
and the City recognize that soil borings in this development have
indicated the presence of shallow groundwater. Accordingly, it is
agreed that the Developer shall be allowed to install a subdrain
system designed to help prevent water from seeping into basements
of homes constructed within the development. Prior to the
installation of any such subdrain system, the Developer shall
submit a hydrologic study and plans for said subdrain system,
prepared by a professional engineer licensed in Colorado and
designed in accordance with the City's criteria for subdrains
within the public right-of-way. Such study and plans shall be
reviewed and approved by the City prior to the Developer
constructing the subdrain system. The Developer and the City agree
that the City shall not be responsible for the maintenance of any
12
such subdrain system and that it shall be the responsibility of the
Developer to maintain said subdrain system.
2. 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 ground
water seepage, whether resulting from groundwater 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.
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
13
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.
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
Wil
any such transfer of interest. In such event, the succeeding
property owner shall be bound by the terms of this Agreement.
J. Each and every term of this Agreement shall be deemed to
be a material element hereof. In the event that either party shall
fail to perform according to the terms of this Agreement, such
party may be declared in default. In the event that a party has
been declared in default hereof, such defaulting party shall be
given written notice specifying such default and shall be allowed
a period of five (5) days within which to cure said default. In
the event the default remains uncorrected, the party declaring
default may elect to: (a) terminate the Agreement and seek damages;
(b) treat the Agreement as continuing and require specific
performance or; (c) avail itself of any other remedy at law or
equity.
K. In the event of the default of any of the provisions
hereof by either party which shall require the party not in default
to commence Legal or equitable action against said defaulting
party, the defaulting party shall be liable to the non -defaulting
party for the non -defaulting party's reasonable attorney's fees and
costs incurred by reason of the default. Nothing herein shall be
construed to prevent or interfere with the City's rights and
remedies specified in Paragraph III.D of this Agreement.
L. This Agreement shall not be construed as or deemed to be
an agreement for the benefit of any third party or parties, and no
third party or parties shall have any right of action hereunder for
any cause whatsoever.
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 rent by registered or 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:
15
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, Cc 80522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, Cc 80522
If to the Developer: rh%" n if S o a L « •
3 a I Li. 4.-
g v J�1.6
With a copy to:
Notwithstanding the foregoing, if either 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 party 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.
16
ATTEST:
i''JJyy
i', ,, )CITY CLERK
APPROVED AS TO CONTENT:
Director of Engineer'
APPROVED AS TO FORM:
As istant City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:
Citf Manager
DEVELOPER:
MIRAMONT ASSOCIATES LLC,
a Colorado limited liability company
17
r
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,.
South Shields Street improvements shall be completed in
accordance with Section II.D. of this Agreement.
4. Schedule of storm drainage improvements to be installed out
of sequence.
Not Applicable.
m
EXHIBIT "B"
NOT APPLICABLE AT THIS TIME
Shall be completed by amendment to this Agreement in accordance
with Section II.C.9 of this Agreement.
19
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 germs of this Agreement shall govern all development
activities of the Developer pertaining to the Property. For the
purposes of this Agreement, "development activities" shall include,
but not be limited to, the following: (1) the actual construction
of improvements, (2) obtaining a building permit therefor, or (3)
any change in grade, contour or appearance of said property caused
by, or on behalf of, the Developer with the intent to construct
improvements thereon.
B. All water lines, sanitary sewer collection lines, storm
sewer lines and facilities, streets, curbs, gutters, sidewalks, and
bikepaths shall be installed as shown on the approved utility plans
and in full compliance with the Council -approved standards and
specifications of the City on file in the office of the Director of
Engineering at the time of approval of the utility plans relating
to the specific utility, subject to a three (3) year time
limitation from the date of execution of this Agreement. In the
event that the Developer commences or performs any construction
pursuant hereto after three (3) years from the date of execution of
this agreement, the Developer shall resubmit the project utility
plans to the Director of Engineering for reexamination. The City
may require the Developer to comply with approved standards and
specifications of the City on file in the office of the Director of
Engineering at the time of resubmittal.
C. No building permit for the construction of any structure
within the development shall be issued by the City until the water
lines, fire hydrants, sanitary sewer lines, and public streets
(including curb, gutter and sidewalk and pavement with at least the
base course completed) serving such structure have been completed
and accepted by the City. No building permits shall be issued for
any structure located in excess of 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,
2
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.
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
3
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 provision: 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 Liner 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. `'he 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
2
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. Prior to the issuance of any building permit for this
development, the Developer shall, in accordance with Section 26-372
of the City Code, reimburse the City for the Developer's portion of
the cost of the 8" water main in Wabash Street, originally
installed with the Cobblestone Corners P.U.D., along the frontage
of the Property
B. Sewer Lines
1. Prior to the issuance of any building permit for this
development, the Developer shall reimburse the City a lump sum
payment of $3,207.60(three thousand two hundred and seven dollars
and sixty cents) in order to fulfill the Property's obligation for
the Warren Lake Trunk Sanitary Sewer Basin Fee.
2. Prior to the issuance of any building permit for this
development, the Developer shall, in accordance with Section 26-372
of the City Code, reimburse the City for the Developer's portion of
the cost of the 8" sanitary sewer main in Wabash Street, originally
installed with the Cobblestone Corners P.U.D., along the frontage
of the Proper:.y.
5
3. The Developer shall, in accordance with Section 26-
371 of the City Code, be eligible to receive reimbursement from the
City for oversizing that portion of the 15" sanitary sewer main
being constructed within the Property by the Developer as shown on
the approved utility plans.
4. Prior to the issuance of any building permit for this
development, the Developer shall reimburse the City for the
"Developer's portion" of the cost of the 8" and 151, sanitary sewer
which extends south from Wabash Street along the west side of South
Shields Street approximately 934 lineal feet and further extends
approximately 30 lineal feet to the east as shown on the approved
utility plans. The "Developer's portion" of such cost shall not
include any amount that may be due, under Section 26-371 of the
City Code, to the developer who originally installed such sanitary
sewer. The Developer and.the City agree that a portion of said
sanitary sewer needs to be reconstructed as shown on the approved
utility plans due to conflicts with other underground utilities.
The City sha=_1 reimburse the Developer for said reconstructed
portion of sanitary sewer in accordance with Exhibit "B" attached
hereto.
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and
off -site storm drainage improvements, excluding the regional
detention ponds, 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 fourteen
(14) building permits in 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
building permit greater than said fourteen (14) building permits.
The Developer and the City agree that the regional detention pond
improvements, as shown on the approved utility plans for the
development, shall be completed in accordance with said approved
plans prior to the issuance of more than twenty-seven (27) building
permits in the development. Completion of improvements shall
include the certification by a professional engineer licensed in
Colorado that the regional detention ponds being constructed with
0
this development have been. completed and 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 building permit greater than said twenty-seven (27) building
permits.
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 $18,375.00 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 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
occupancy until the City has approved such changes as being
acceptable for the safe and efficient delivery of storm drainage
water.
4. The Developer and the City agree that the storm
drainage system for this development contains some features that
make it important to construct the storm drainage facilities in
accordance with the approved plans and to ensure that the
facilities are maintained and kept operational throughout the
buildout of this development. For this reason the following
7
additional requirements shall be followed for building on lots 5,6,
and 23 through 55 in the "development:
The drainage improvement system required to be constructed on
each of the above lots:in this development, including the lot
grading, swale grading, minor swale grading, and lot corner
elevations, as shown on the approved utility plans for the
development, shall be completed in accordance with said
approved plans and said completion shall be certified as being
in accordance with said plans by a professional engineer
licensed in Colorado. A certification by such engineer that
the lot grading, swale grading, minor swale grading, lot
corner elevations, and the drainage system's function and
adequacy to serve its purpose has not been impaired by the
construction and landscaping on each such lot, shall be
submitted to the City prior to the issuance of a certificate
of occupancy for each of the above lots in the development.
Said certification shall be submitted to the City at least two
(2) weeks prior to the date of issuance of any such
certificate of occupancy.
In addition, the Developer shall be required to file a notice with
the Larimer County Clerk and Recorder describing the landscaping
and fencing restrictions that exist for the drainage easements on
each of lots 41 through 48. Said notice shall reference the
location of the specific restrictions shown on the plans and notes
on the plat and in the approved utility plans for this development.
Said notice shall be filed in a City approved form prior to the
sale of any lots affected by such restrictions.
5. Lots 5,6, and 23 through 41 abut certain storm
drainage facilities and it is agreed that it is of the utmost
importance that no storm water from said facilities enters houses
built on said lots. In order to provide the assurance that houses
built on said lots are 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
each such house. Prior. to the issuance of a certificate of
occupancy for houses on Lots 5,6, and 23 through 41, the Developer
shall provide certification from a professional engineer licensed
in Colorado that the lowest opening to any such house is at or
above the minimum elevations required on the approved utility plans
for the development, and that the lot corner elevations for each
0
lot are the same as those specified on the approved utility plans.
Said certification is in addition to, and may be done in
conjunction with, the certification of the lot grading, swale
grading, minor swale grading, and lot corner elevations, described
in paragraph II.C.4. above.
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 including the channel on the east side of
South Shields Street) not accepted for maintenance by the City
serving this development and outside of the public rights -of -way.
The City shall maintain its storm drainage facilities, water
quality facilities, and the City's Parks and Recreation irrigation
line within Tract A of this development. The Developer shall
maintain all landscaping within Tract A and the irrigation system
for said landscaping.
7. The Developer and the City agree that the ultimate
design and configuration of the regional detention pond (Pond 247)
on Tract A of this development will be determined with the final
Planned Unit Development (P.U.D.) and utility plan approvals for
the first phase of development west of the Pleasant Valley and Lake
Canal. Said pond shall be completed in accordance with said plans
with the construction of the first phase of development west of the
Pleasant Valley and Lake Canal and prior to the issuance of more
than 25% of the building permits in said phase of development.
With the first. phase of development west of the Pleasant Valley and
Lake Canal, the Developer shall be required to remove the temporary
emergency access road within Tract A (being constructed with the
First Filing), regrade, reestablish the landscaping in the
detention pond, and provide to the City certification from a
professional engineer licensed in Colorado that the pond has been
completed in accordance with the final utility plans to be approved
with the first phase of development west of the Pleasant Valley and
Lake Canal.
8. The Developer is required to construct a portion of
storm sewer in Wabash Street adjacent to lots 52 through 55 of this
development to serve the future development to the south and west
(Westbrooke P.U.D. ), as shown on the approved utility plans for
this development. Upon the completion of: (1) the construction of
said storm sewer; (2) the City's acceptance of said improvements;
91