HomeMy WebLinkAboutHARMONY SAFEWAY MARKETPLACE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-11-12DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this_LLL1*-_day of Sowe 199 7, by
and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City"; and SAFEWAY INC., a Delaware Corporation,
hereinafter referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the Owner of certain real property situated in the
County of Larimer, State of Colorado, (hereafter referred to as the 'Property") and legally
described as follows, to wit:
HARMONY SAFEWAY MARKETPLACE P.U.D being a replat of Tract "B", Golden
Meadows Fifth Filing, situate in the Southwest 1/4 of Section 31, Township 7 North,
Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of
Colorado.
WHEREAS, the Developer desires to develop the Property and has submitted to
the City a subdivision plat and/or a site plan and landscape plan, a copy of which is on file
in the office of the City's Director of Engineering and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City utility plans for the
Property, a copy of which is on file in the office of the Director of Engineering and made
a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of the Property
will require increased municipal services from the City in order to serve such area and will
further require the installation of certain improvements primarily of benefit to the lands to
be developed and not to the City of Fort Collins as a whole; and
WHEREAS, the City has approved the subdivision plat and/or site plan and
landscape plan submitted by the Developer subject to certain requirements and conditions
which involve the installation of and construction of utilities and other municipal
improvements in connection with the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it is agreed as follows:
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 personal representatives, heirs, successors,
grantees and assigns. It is agreed that all improvements required pursuant to this
Agreement touch and concern the Property regardless of whether such improvements are
located on the Property. Assignment of interest within the meaning of this paragraph shall
specifically include, but not be limited to, a conveyance or assignment of any portion of the
Developer's legal or equitable interest in the Property, as well as any assignment of the
Developer's rights to develop the Property under the terms and conditions of this
Agreement.
I. In the event the Developer transfers title to the Property and is thereby divested
of all equitable and legal interest in the Property, the City hereby agrees to release said
Developer from liability under this Agreement with respect to any breach of the terms and
conditions of this ,Agreement occurring after the date of any such transfer of interest. In
such event, the succeeding property owner shall be bound by the terms of this Agreement.
J. Each and every term of this Agreement shall be deemed to be a material element
hereof. In the event that either party shall fail to perform according to the terms of this
Agreement, such party may be declared in default. In the event that a party has been
declared in default hereof, such defaulting party shall be given written notice specifying
such default and shall be allowed a period of 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
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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. Any notice or other communication given by any party hereto to any other party
relating to this Agreement shall be hand -delivered or sent by certified mail, return receipt
requested, addressed to such other party at their respective addresses as set forth below;
and such notice or other communication shall be deemed given when so hand -delivered
or three (3) days after so mailed:
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, Co 80522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, Co 80522
If to the Developer: Safeway Inc.
Real Estate Law
5918 Stone Ridge Mall Road
Pleasanton, CA. 94588
With a copy to: Safeway Inc.
Denver Division
Real Estate Department
6900 South Yosemite
Englewood, CO. 80112
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
party to this Agreement written notice of such change.
O. 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
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of Colorado and the City of Fort Collins, Colorado.
P. 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.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: Cig .
City Vanager
APPROVED
AS TO CONTENT:
Director of Engineering
APPROVED AS TO FORM:
I ity Attorney
4ST�✓t
DEVELOPER:
SAFEWAY INC., a Delaware Corporation.
L�NpA S. MacDo�4G-/�
ASSF. t/roEDEn/-
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ATTEST:
By: YID I u✓-�` _,
Marilyn Beardsley
Assistant Secretary
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EXHIBIT "A"
Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
3. Schedule of street improvements to be installed out of sequence.
Not Applicable
4. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
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EXHIBIT "B"
NOT APPLICABLE
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I. General Conditions
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement, "development
activities" shall include, but not be limited to, the following: (1) the actual construction of
improvements, (2) obtaining a building permit therefor, or (3) any change in grade, contour
or appearance of 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 public water lines, fire hydrants, sanitary sewer lines,
and public streets (including curb, gutter, sidewalk and pavement with at least the base
course completed) serving such structure have been completed and accepted by the City.
Notwithstanding the foregoing, the Developer shall be entitled to receive building permits
to construct the approved structures within the development upon the installation of
adequate water lines, fire hydrants, and emergency access to provide fire protection and
other emergency services to the site. The adequacy of the initial utilities for fire protection
and emergency services shall be determined and approved by the City and the Poudre
Fire Authority. All other required public improvements, as defined on the approved utility
plans, must be completed and accepted by the City prior to the issuance of any certificate
of occupancy for any structure. No building permits shall be issued for any structure
located in excess of six hundred and sixty feet (660') from a single point of access.
D. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets
described on Exhibit 'A" attached hereto, shall be installed within the time and/or
sequence required on Exhibit "A." If the Director of Engineering has determined that any
water lines, sanitary sewer lines, storm drainage facilities and/or streets are required to
provide service or access to other areas of the City, those facilities shall be shown on the
utility plans and shall be installed by the Developer within the time as established under
"Special Conditions" in this document.
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E. Except as otherwise herein specifically agreed, the Developer agrees to install
and pay for all water, sanitary sewer, and storm drainage facilities and appurtenances, and
all streets, curbs, gutters, sidewalks, bikeways and other public improvements required by
this development as shown on the approved plat, site, landscape, and utility plans, and
other approved documents pertaining to this development on file with the City.
F. Street improvements (except curbs, gutters and walks) shall not be installed until
all utility lines to be placed therein have been completely installed, including all individual
lot service lines leading in and from the main to the property line.
G. The installation of all utilities shown on the utility plans shall be inspected by the
Engineering Department of the City and shall be subject to such department's approval.
The Developer agrees to correct any deficiencies in such installations in order to meet the
requirements of the plans and/or specifications applicable to such installation. In case of
conflict, the utility plans shall supersede the standard specifications.
H. All storm drainage facilities shall be so designed and constructed by the
Developer as to protect downstream and adjacent properties against injury and to
adequately serve the Property (and other lands as may be required, if any). The
Developer shall meet or exceed the minimum requirements for storm drainage facilities as
have been established by the City in its Drainage Master Plans and Design Criteria. The
Developer does hereby indemnify and hold harmless the City from any and all claims that
might arise, directly or indirectly, as a result of the discharge of injurious storm drainage
or seepage waters from the Property in a manner or quantity different from that which was
historically discharged and caused by the design or construction of the storm drainage
facilities, except for (1) such claims and damages as are caused by the acts or omissions
of the City in maintenance of such facilities as have been accepted by the City for
maintenance; (2) errors, if any, in the general concept of the City's master plans (but not
to include any details of such plans, which details shall be the responsibility of the
Developer); and (3) specific directives that may be given to the Developer by the City.
Approval of and acceptance by the City of any storm drainage facility design or
construction shall in no manner be deemed to constitute a waiver or relinquishment by the
City of the aforesaid indemnification. The Developer shall engage a Colorado licensed
professional engineer to design the storm drainage facilities as aforesaid and it is
expressly affirmed hereby that such engagement shall be intended for the benefit of the
City, and subsequent purchasers of property in the development.
I. The Developer shall pay storm drainage basin fees in accordance with Chapter
26, Article VII of the City Code. Storm drainage improvements eligible for credit or City
repayment under the provisions of Chapter 26 are described together with estimated cost
of the improvements on the attached Exhibit "B," which improvements, if applicable, shall
include right-of-way, design and construction costs. See Section II.C, Special Conditions,
Storm Drainage Lines and Appurtenances, for specific instructions.
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J. The Developer shall provide the Director of Engineering with certified Record
Plan Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase
of the construction.
K. The Developer specifically represents that to the best of its knowledge all
portions of the Property dedicated to the City associated with this development are in
compliance with all environmental protection and anti -pollution laws, rules, regulations,
orders or requirements, including solid waste requirements, as defined by the U. S.
Environmental Protection Agency Regulations at 40 C.F.R., Part 261, and that such
portions of the Property as are dedicated to the City pursuant to this development, are in
compliance with all such requirements pertaining to the disposal or existence in or on such
dedicated property of any hazardous substances, pollutants or contaminants, as defined
by the Comprehensive Environmental Response Compensation and Liability Act of 1980,
as amended, and regulations promulgated thereunder. The Developer does hereby
indemnify and hold harmless the City from any liability whatsoever that may be imposed
upon the City by any governmental authority, pertaining to the disposal of hazardous
substances, pollutants or contaminants, and cleanup necessitated by leaking underground
storage tanks, excavation and/or backfill of hazardous substances, pollutants or
contaminants, or environmental cleanup responsibilities of any nature whatsoever on, of,
or related to any property dedicated to the City in connection with this development. The
Developer further agrees to indemnify and hold harmless the City from any claims or
actions based directly, indirectly or in any manner on any of the aforementioned
environmental risks brought against the City by third parties arising as a result of the
dedication of portions of the Property to the City in connection with this development. Said
indemnification shall not extend to claims, actions or other liability arising as a result of any
hazardous substance, pollutant or contaminant generated or deposited by the City, its
agents or representatives, upon portions of the Property dedicated to the City in
connection with this development.
II. Special Conditions
A. Water Lines
Not Applicable
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and off -site storm
drainage improvements, as shown on the approved utility plans for the development shall
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be completed by the Developer in accordance with said approved plans prior to the
issuance of any certificate of occupancy 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
weeks prior to the date of issuance of any certificate of occupancy. The off -site channel
shown on Sheet 5 of the utility plans, shall be completed and certified prior to the issuance
of any certificate of occupancy for any of the pad sites draining into that channel
as delineated in the approved drainage and erosion control plan for this development.
2. The Developer agrees to provide and maintain erosion control
improvements as shown on the approved utility plans to stabilize all over -lot grading in and
adjacent to this development. The Developer shall also be required to post a security
deposit in the amount of $16,050.00 prior to beginning construction to guarantee the
proper installation and maintenance of the erosion control measures shown on the
approved Plan. 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. 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 shown on the approved Plan
throughout the buildout of this development. The developer has provided to the
Stormwater Utilities Department an Irrevocable Standby Letter of Credit Number
S020/81695/97 issued by the Bank of Nova Scotia, San Francisco Agency, dated
December 9, 1996, in the amount of $16,050.00 for the said security deposit.
3. The buildings to be constructed in the development are to be constructed
in conformance with the elevations, site grading, and drainage facilities on the approved
utility plans for this development. In addition, it is agreed that it is of the utmost importance
that no storm water from said drainage facilities enters buildings which abut storm
drainage facilities in this development. In order to provide the assurance that all buildings
are constructed at an elevation in conformance with the approved utility plans and that
storm water cannot enter said buildings, the approved utility plans for this development
contain specifications for the minimum elevation for any opening to each such building.
Prior to the issuance of a certificate of occupancy for each building in the development,
the Developer shall provide certification from a professional engineer licensed in Colorado
that the lowest opening to said building is at or above the minimum elevation required on
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the approved utility plans for the development. Said certification is in addition to, and may
be done in conjunction with, the site certification described in paragraph II.C.1. above.
4. Sheet 5 of the approved utility plans for this development shows certain
off -site storm drainage facilities which are to be completed in conformance with said
approved plans prior to the issuance of any certificate of occupancy in this development
as specified in paragraph II.C.1. above. Said certification shall include, as noted on Sheet
5 of said approved plans, a verification of the capacity of the off -site channel to ensure that
said channel has been improved to meet the requirements of and be in conformance with
the approved utility plans and drainage report for this development.
5. The Developer shall obtain the City's prior approval of any changes from
the approved utility plans in grade elevations and/or storm drainage facility configuration
that occur as a result of the construction of buildings 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 for this development until the City has
approved such changes as being acceptable for the safe and efficient delivery of storm
drainage water.
6. The Developer and the City agree that the Developer is obligated to
maintain all on -site storm drainage facilities not accepted for maintenance by the City and
all off -site storm drainage facilities not accepted for maintenance by the City serving this
development and outside of the public rights -of -way.
7. All pad sites of this development not built concurrently with the Safeway
development shall be required to submit an erosion control plan to the City Stormwater
Utilities Department, for review and acceptance. Said erosion control plans shall be
submitted to the City at least two weeks prior to the date of issuance of any building permit.
B. Development of subbasins S3 and S5 shall not proceed until a
professional engineer licensed in Colorado has verified to the City that there exists
adequate outfall capacity to the Golden Meadows pond.
D. Streets
1. The Developer and the City agree that no street oversizing
reimbursement from the City is due the Developer for this development. The
reimbursement to which the Developer would normally be entitled for oversizing the
sidewalk adjacent to Harmony Road from four (4) feet to eight (8) feet is hereby declined
by the Developer, at the Developer's request.
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
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construction of the same must 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 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 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).
The Developer shall be responsible for coordinating with the City Traffic Engineer to
identify the lead-time necessary for the City to schedule the signal pole relocation and
signing and striping.
4. In accordance with Section 29-679 of the City Transitional Land Use
Regulations, all public street improvements must be completed prior to the issuance of any
certificate of occupancy in this development. The said regulation applies to all on -site and
off -site public street. improvements. The Developer and the City agree that said regulation
shall be waived only for the public street improvements described in paragraph II.D.6.
5. The Developer and the City agree that the Developer is obligated to
design and construct certain off -site traffic calming improvements. The Developer and the
City agree that the Developer shall design and construct a traffic calming device at the
intersection of Ticonderoga Drive and New Bedford Drive, and a landscaped median on
the east leg of the intersection of Lemay Avenue and Ticonderoga Drive. The Developer
shall be responsible for all costs associated with the design and construction of said
improvements. The Developer shall submit a design for said off -site improvements to the
City for review and approval prior to any construction of said improvements. Prior to the
issuance of any certificate of occupancy for this development, the Developer shall
complete the construction of said improvements and obtain the City's written acceptance
of said improvements. Completion of improvements shall include the certification by a
professional engineer licensed in Colorado that said traffic calming device and median
have been constructed in conformance with the approved plans. Said certification shall
be submitted to the City at least two weeks prior to the date of issuance of any certificate
of occupancy.
6. The Developer and the City agree that the City shall design and
construct the following additional off -site traffic calming improvements: three (3) speed
humps on New Bedford Drive, four (4) speed humps on Ticonderoga Drive, two (2) raised
crosswalks on Monte Carlo Drive, one (1) raised crosswalk on McMurray Avenue, in front
of Kruse Elementary School, and one (1) raised crosswalk on Ticonderoga Drive at
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Tewksbury Drive. The Developer and the City agree that the Developer shall escrow
$37,500.00 ($2,500.00 for each of the seven (7) speed humps and $5,000.00 for each of
the four (4) raised crosswalks) to assist in defraying the cost of the said additional off -site
traffic calming improvements. Upon the completion of the construction of said
improvements, the Developer shall reimburse the City for any design and construction
costs of said improvements exceeding the $37,500.00 escrow as verified by actual design
and construction receipts. The physical completion of said additional street improvements
are solely the City's responsibility and the failure of the City to timely complete said
improvements shall not interfere with the Developer's ability to acquire a certificate of
occupancy for this development.
7. The Developer and the City agree that prior to the issuance of a building
permit for this development, the Developer must deposit with the City a guarantee in the
form of a certificate of deposit, cash, performance bond, letter of credit or other City
approved means to guarantee the completion of all public improvements to be constructed
in the street rights of way in accordance with the approved utility plans on file in the office
of the City Engineer (the improvements described in paragraphs II.D.S. and II.D.6. above,
shall not be included in this guarantee requirement). The amount deposited shall be equal
to 150% of the estimated cost of the improvements. The estimate shall be prepared by the
Developer and submitted to the City Engineer for review and approval at least two (2)
weeks prior to date of issuance of any building permit.
8. a. 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 any certificate of occupancy.
b. The Developer and the City understand that the State Highway 68
(Harmony Road) Access Control Plan has been amended to allow the access from
Harmony Road as shown on the approved utility plans, and said plan has been approved
by the Colorado Department of Transportation (CDOT) conditioned upon the final
acquisition of an approved amendment to the A -Line. The Developer understands that the
State Highway Access Permit shall not be granted by CDOT prior to the acquisition of the
approved amendment to the A -line and as such, the Developer and the City agree that the
Developer is fully responsible for all corrective procedures necessary to revise the
development plans should such State Highway Access Permit not be granted including,
but not limited to, additional public processes.
E. Ground Water
1. The City shall not be responsible for, and the Developer hereby agrees
to indemnify the City against, any damages or injuries sustained in the development as a
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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.
F. Hazards and Emergency Access
1. Prior to beginning any building construction, and throughout the build out
of this development, the Developer shall provide and maintain at all times an access way
to said building or buildings. Such access way shall be adequate to handle any
emergency vehicles or equipment, and the access way shall be kept open during all
phases of construction. Prior to the City allowing combustible material on the site (other
than forming material for concrete footings, foundations and/or concrete walls) such
access way shall be improved to a width of at least 20 feet with 4 inches of aggregate base
course material compacted according to City Standards and with an 80 foot diameter
turnaround at the building end of said access way. The turnaround is not required if an
exit point is provided at the end of the access way.
III. Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the Director of Engineering
in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove
said safety devices until the construction has been completed and approved by the
Director of Engineering.
B. The Developer shall, at all times, keep the public right-of-way free from
accumulation of waste material or rubbish caused by the Developer's operation; shall
remove such rubbish no less than weekly and; at the completion of the work, shall remove
all such waste materials, rubbish, tools, construction equipment, machinery, and surplus
materials from the public right-of-way. The Developer further agrees to maintain the
finished street surfaces so that they are free from dirt caused by the Developer's operation.
Any excessive accumulation of dirt and/or construction materials shall be considered
sufficient cause for the City to withhold building permits and/or certificates of occupancy
until the problem is corrected to the satisfaction of the Director of Engineering. If the
Developer fails to adequately clean such streets within two (2) days after receipt of written
notice, the City may have the streets cleaned at the Developer's expense and the
Developer shall be responsible for prompt payment of all such costs.
C. The Developer hereby agrees that it will require its subcontractors to cooperate
with the City's construction inspectors by ceasing operations when winds are of sufficient
velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public
health and welfare.
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