HomeMy WebLinkAboutPRESTON CENTER AT WILD WOOD BUSINESS PARK - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-27DEVELOPMENT AGREEMENT
THIS AGREEMENT, is made and entered into this,�ql',—� day of CT, - L/
199 -(, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as the "City"; and WESTERN VII INVESTMENT,
L.L.C., a Delaware 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:
The Preston Center at Wild Wood Business Park, First Filing, a portion of
Section 5, Township 6 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 all plats, plans (including utility plans) reports and other documents required for the
approval of a final plan according to the City's Development application submittal
requirements master list (the final development plan documents) copies of which are 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 the Property
will require increased municipal services from the City in orderto 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 final development plan documents submitted
by the Developer subject to certain requirements and conditions which involve the
installation of and construction of utilities and other municipal improvements in connection
with the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it is agreed as follows:
I. General Conditions
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement, "development
activities" shall include, but not be limited to, the following: (1) the actual construction of
improvements, (2) obtaining a permit therefor, or (3) any change in grade, contour or
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 or as a result
of building activity. 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 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. The Developer also
agrees to require all contractors within the development to keep the public right-of-way
clean and free from accumulation of dirt, rubbish, and building materials.
C. The Developer hereby agrees that it will require its contractors and
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 final development plan documents, or any documents
required by the City Engineer for the approval of an amendment to a development plan,
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, Land Use Code, or Transitional Land Use Regulations (as applicable) 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 forthat 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
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of all equitable and legal interest in the Property, the City hereby agrees to release said
Developer from liability under this Agreement with respect to any breach of the terms and
conditions of this Agreement occurring after the date of any such transfer of interest. In
such event, the succeeding property owner shall be bound by the terms of this Agreement.
J. Each and every term of this Agreement shall be deemed to be a material element
hereof. In the event that either party shall fail to perform according to the terms of this
Agreement, such party may be declared in default. In the event that a party has been
declared in default hereof, such defaulting party shall be given written notice specifying
such default and shall be allowed a period of ten (10) days within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing
and require specific performance or; (c) avail itself of any other remedy at law or equity.
K. In the event of the default of any of the provisions hereof by either party which
shall require the party not in default to commence legal or equitable action against said
defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -
defaulting party's reasonable attorney's fees and costs incurred by reason of the default.
Nothing herein shall be construed to prevent or interfere with the City's rights and remedies
specified in Paragraph III.D of this Agreement.
L. Except as may be otherwise expressly provided herein, this Agreement shall not
be construed as or deemed to be an agreement for the benefit of any third party or parties,
and no third party or parties shall have any right of action hereunder for any cause
whatsoever.
M. It is expressly understood and agreed by and between the parties hereto that
this Agreement shall be governed by and its terms construed under the laws of the State
of Colorado and the City of Fort Collins, Colorado.
N. Any notice or other communication given by any party hereto to any other party
relating to this Agreement shall be hand -delivered or sent by certified mail, return receipt
requested, addressed to such other party at their respective addresses as set forth below;
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
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If to the Developer: Western VII Investment, L.L.C.
c/o Western Property Advisors, Inc.
Attn: Stan Whitaker
3555 Stanford Road
Fort Collins, CO 80525
With a copy to: Hasler, Fonfara and Maxwell L.L.P.
Attn: Mike Maxwell
125 South Howes Street
Fort Collins, CO 80521
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.
IiM
ATTEST:
0
City Clerk \
APPROVED AS TO CONTENT:
r
City Engineer
APPRO /41D AS TO FORM:
Deputy City Attorney
ATTEST -
By:
/ /
By: AL
Roberta Martin, Secretary
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By,
City Manager
DEVELOPER:
Western VII Investment, L.L.C., a Delaware
limited liability company
By: Western Property Advisors, Inc., a Colorado
corpora io , Attorney -in -Fact
By:
Michael S. Bo ne, Pr sident
13
EXHIBIT "A"
Schedule of water lines to be installed out of sequence.
Not Applicable.
Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
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
W
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 plains and in full compliance with the standards 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 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 the passage of three (3) years from the date of
execution of this agreement, the Developer shall resubmit the utility plans to the City
Engineer for reexamination. The City may then require the Developer to comply with the
approved standards and specifications of the City on file in the office of the City Engineer
at the time of the 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, and pavement with at least the base course
completed) serving such structure have been completed and accepted by the City.
Sanitary sewer and waterline stubs will not be required to be stubbed -out to individual lots
until such time construction commences on said lots. 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, unless the structures contain sprinkler systems that are approved by the Poudre
Fire Authority.
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 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, clutters, sidewalks, bikeways and other public improvements required by
this development as shown on the approved final development plan documents and other
approved documents pertaining to this development on file with the City.
F. Street improvements 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 final development plan documents
shall l be inspected by the Engineering Department of the City and shall be subject to such
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department's approval. The Developer agrees to correct any deficiencies in such
installations in orderto meet the requirements of the plans and/or specifications applicable
to such installation. In case of conflict, the final development plan documents 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 written or otherwise documented 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 of the City to give notice of any such claim to the 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 facility design or construction shall in no
manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid
indemnification. The Developer shall engage a Colorado licensed professional engineer
to design the storm drainage facilities as aforesaid and it is expressly affirmed hereby that
such engagement shall be intended for the benefit of the City, and subsequent purchasers
of property in the development.
I. The Developer shall pay storm drainage basin fees in accordance with Chapter
26, Article VII of the City Code. Storm drainage improvements eligible for credit or City
repayment under the provisions of Chapter 26 are described together with the 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 City Engineer with certified Record Plan
Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of
the construction. Utilities will not be initially accepted prior to as -built drawings being
submitted to and approved by the City of Fort Collins.
K. The Developer specifically represents that to the best of its knowledge all
portions of the Property dedicated (both in fee simple and as easements) 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, provided that such disposal or cleanup is not
necessitated by circumstances arising entirely after the date of acceptance by the City of
the public improvements constructed on the dedicated property, except to the extent that
such circumstances are the result of acts or omissions of the Developer. 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 tc 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 of the City to give notice of any such claim to the 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.
Il. Special Conditions
A. Water Lines
Not Applicable
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B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all interim storm drainage
improvements for phase 1 construction as shown on the approved final development plan
documents shall be completed by the Developer prior to the release of any certificate of
occupancy in Phase 1 of this development. Additionally, all final storm drainage
improvements for all phases of construction, shall be completed by the Developer prior to
the release of any certificate of occupancy in Phase 2 of this 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 final development plan documents. Said certification shall be
submitted to the City at least two weeks prior to the date of issuance of any certificate of
occupancy for the development.
2. The Developer agrees to provide and maintain erosion control
improvements as shown on the approved final development plan documents 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 $5,177.25 prior to beginning
construction of Phase 1 to guarantee the proper installation and maintenance of the
erosion control measures shown on the approved final development plan documents.
Likewise, the Developer shall be required to post a security deposit in the amount of
$4,699.35 prior to beginning construction of Phase 2 to guarantee the proper installation
and maintenance of the erosion control measures shown on the final development plan
documents. 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 final development
plan documents 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
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 shall obtain the City's prior approval of any changes from
the approved final development plan documents 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
5
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.
4. The Developer and the City agree that the Preston Center Home Owner's
Association Developer is obligated to maintain all on -site storm drainage facilities not
accepted for maintenance by the City and all off -site storm drainage facilities not accepted
for maintenance by the City serving this development and outside of the public rights -of -
way.
D. Streets.
1. Subject to the conditions of this Agreement, the City agrees to reimburse
the Developer for oversizing public street improvements along Gifford Court and Corbett
Drive for those portions of said street abutting the Property as shown on the approved final
development plan documents. Reimbursement for Gifford Court shall be for oversizing the
street from local (access) standards to Collector street without parking standards to include
portions of a five (5) foot wide sidewalk on both sides (east and west) of said street.
Reimbursement for Corbett Drive shall be for oversizing the street from local (access)
standards to Collector street without parking standards to include portions of a five (5) foot
wide sidewalk on the east side of said street and for the right -turn lane improvements at
Harmony Road and Corbett Drive intersection. The City shall make reimbursement to the
Developer for the aforesaid oversized street improvements in accordance with Section 24-
112 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 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 24-112 (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 24-112 (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 24-112 (d).
2. It is understood that the improvements that are to be constructed in the
public right-of-way as described in this Section II(D) are City improvements (as defined
below) and, as such, any contract for the construction of the same must be executed in
writing. If the cost of such improvements exceeds the sum of Thirty Thousand Dollars
($30,000), the contractforthe construction of the same must be submitted to a competitive
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bidding process resulting in an award to the lowest responsible bidder; and evidence 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 of 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. For purposes of this
paragraph, the term "City improvements" shall mean either (1) existing improvements
owned by the City that are to be modified or reconstructed, or (2) any improvements
funded in whole or in part by the City.
3. 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).
4. The Developer agrees that both the complete interim and ultimate designs
of Harmony Road will be fully completed and approved by the City and State prior to the
issuance of any certificate of occupancy for the development. The interim and ultimate
designs shall be in compliance with both the State Highway Access Control manual and
City standards. The designs will cover 1000 feet both east and west of the property
boundaries and match any previous design(s) from other development(s).
5. Until such time that the City approves the final development plan
documents for the interim and ultimate designs of Harmony Road, the Developer agrees
that no street oversizing reimbursement will be due the Developer. At the time of said
approval, the City may consider an amendment to the Development Agreement for the
purpose of addressing the street oversizing reimbursement amount.
6. The Developer agrees that all improvements to Corbett Drive as shown
on the approved development plan documents, shall be completed and approved by the
City prior to the issuance of any certificate of occupancy within Phase 1 of this
development.
7. The Developer is responsible for the design and construction of all on -site
and off -site interim improvements to Harmony Road and Gifford Court, including all related
utility and storm drainage improvements. The design shall be completed, approved, and
accepted by the City prior to the issuance of any certificate of occupancy within Phase 1
of this development. The Developer shall have the option to postpone the construction of
the abovementioned roadway improvements until Phase 2 of this development, following
the escrow of funds to guarantee the completion of said construction. Said escrow shall
be a monetary guarantee in the form of a certificate of deposit, cash, performance bond,
non -expiring letter of credit or other City approved means. The amount deposited shall be
equal to 150% of the estimated cost of the design and roadway improvements. The
estimate shall be prepared by the Developer and submitted to the Director of Engineering
for the City's review and approval prior to obtaining any certificate of occupancy within
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Phase 1 of this development.
8. If the abovementioned design and construction of roadway improvements
to Harmony Road and Gifford Court are postponed until Phase 2 of this development, the
Developer agrees that said improvements shall be completed and approved by the City
prior to the issuance of any building permit within Phase 2 of this development.
9. The Developer and the City agree that a Colorado State Highway Access
Permit must be obtained by the Developer prior to the construction of any improvements
in the State Highway (Harmony Road) right-of-way. All improvements to the State Highway
right-of-way must conform to the approved State Highway Access Permit and shall be
completed prior to the issuance of the any first certificate of occupancy within Phase 2 of
this development. If a State Highway Access Permit cannot be secured, then the
Developer shall be fully responsible for all corrective procedures necessary to revise the
development plans, (including, but not limited to, additional public processes) in order to
obtain such permit. The corrective procedures and the construction of said improvements
shall be performed in accordance with the approved final development plan documents,
and acceptance thereof in writing by the City, shall occur prior to the issuance of any
certificate of occupancy.
E. Ground Water
1. The City shall not be responsible for, and the Developer hereby agrees
to indemnify and hold harmless the City against, any damages or injuries sustained in the
development as a 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. 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 ofthe
City to give notice of any such claim to the Developer within ninety (90) days after the City
first receives 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.
F. Hazards and Emergency Access
1. No combustible material will be allowed on the site until a permanent
water system is installed by the Developer and approved by the City.
2. Prior to beginning any building construction, 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
93
vehicles or equipment, and the accessway shall be kept open during all phases of
construction. Such accessway shall be constructed to an unobstructed 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.
Prior to the construction of said accessway, a plan for the accessway shall be submitted
to and approved by the Poudre Fire Authority and City Engineer. (Three plan sets shall be
submitted to the Poudre Fire Authority at 102 Remington Street for review and processing.)
If such accessway is at any time deemed inadequate by the Poudre Fire Authority or City
Engineer, the accessway shall be promptly brought into compliance and until such time
that the accessway is brought into compliance, the City and/or the Poudre Fire Authority
may issue a stop work order for all or part of the Development.
G. Footing and Foundation Permits
1. Notwithstanding any provision in this Agreement to the contrary, the
Developer shall have the right to obtain a Footing and Foundation permit in conjunction
with the installation of all underground water, sanitary sewer, and storm sewer facilities,
and an emergency accessway for Phase 1 of this development. Facilities shall include but
not be limited to all mains, lines, services, fire hydrants and appurtenances for Phase 1 as
shown on the final development plan documents. No certificate of occupancy shall be
issued for any structure within Phase 1 of this development until such utilities and
accessway have been installed and accepted by the City. With regard to all other phases
of this development, the Developer shall have the right to obtain a Footing and Foundation
permit upon the installation of all underground water, sanitary sewer, and storm sewer
facilities, and an emergency accessway for the Phase in which the permit is being
requested. Facilities shall include but not be limited to all mains, lines, services, fire
hydrants and appurtenances for the phase as shown on the final development plan
documents.
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 City Engineer and
Traffic Engineer in accordance with the City's "Work Area Traffic Control Handbook" and
shall not remove :said safety devices until the construction has been completed .
B. As required pursuant to Chapter 20, Article IV of the City Code, the Developer
shall, at all times, keep the public right-of-way free from accumulation of waste material,
rubbish, or building materials caused by the Developer's operation, or the activities of
individual builders and/or subcontractors; shall remove such rubbish as often as necessary,
but no less than daily and; at the completion of the work, shall remove all such waste
materials, rubbish, tools, construction equipment, machinery, and surplus materials from