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HomeMy WebLinkAboutROSSBOROUGH THIRD - Filed GC-GENERAL CORRESPONDENCE - 2008-06-09M RECE!VED ARTHUR E. MARCH, JR. RAMSEY D. MYATT MARK L. KORB JOSEPH T. CARROLL, JR. ROBERT W. BRANDIES, JR. RICHARD S. GAST LUCIA A. LILEY J.BRAOFORO MARCH MARCH, MYATT, KORB, CARROLL & BRANDES ATTORNEYS AND COUNSELLORS AT LAW ROBERT50N BUILDING 110 EAST OAK STREET FORT COLLINS, COLORADO 80524 (303) 4e2-4322 May 22, 1984 Mr. Maurie Rupel, Development Center Director Mr. Tom Hays, City Engineer City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80521 MAY 12 1984 rt s i`i!'vq GEIPART,IWENT ARTHUR E. MARCH 1909-1961 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80522 Re: Tri Trend/Rossborough Special Improvement District Gentlemen: This letter will confirm my understanding of those matters which were discussed at our meeting of May 18, 1984, regarding public improvements in Rossborough Subdivision. As a part of the Rossborough S.I.D., the owners and City agree as follows: 1. Property owners will improve the north side of Horsetooth Road to a width of 18 feet. The property owners will also improve the east side of Taft Hill Road to a width of 18 feet. 2. Oversizing will be accomplished as a part of the District's improvements, with the City making a cash reimbursement for the oversizing costs. I---- ---- 3. The City will not require the property owner to extend Horsetooth and Taft past the boundaries of the subdivision. The City expressed an interest in a commitment by the owners of property within the District, requiring the owners to complete all improvements through a special improvement district or independently financed by year end 1985. I believe that this can best be accomplished by preparing an addendum to the existing subdivision agreement relating to Rossbourough subdivision. I will prepare such an addendum in the near future. If the statements contained in this letter do not represent your understanding of the discussions which took place at our meeting of May 18, please call me. Otherwise, I will assume that the information in this letter represents the basis for prepara- tion and organization of a special improvement district in the Rossbourough subdivision area. because it would appear to be inconsistent with the Code section (99-6.F.) referenced in the sentence immediately preceding. That section specifies that the City shall participate in certain streets and includes the following language: "In the event that a street is improved as an arterial or collector street rather than as a residential street, the City Engineer shall compute the extra expense caused by such streets being improved as arterial or collector streets and for traffic signalization when required because of collector or arterial status and for the extra base associated with the construction of arterial streets. Such costs shall be paid by the City at large out of general revenues or the street oversizing fund" (emphasis added). This section recognizes that collector and arterial streets are an expense of the City and that there is an obligation on the part of the City to pay, either from general revenues or the street oversizing fund. The last sentence of I2(c) purports to limit the obligation of the City, when Section 99-6.F. contains no such limitation. In fact, the City could simply avoid its required obligation in accordance with this sentence if it simply did not budget, appropriate, or make available funds specifically allocated for the particular development or completed work. This is not consistent with 99-6.F. If a developer is going to be required to construct collector and arterial streets which are an expense of the City, he must concurrently have assurance that the City will fulfill its obligations as set forth in 99-6.F. for reimbursement and should not be required to sign an agreement which purports to limit that obligation at the whim of the City. In addition, since the City has adopted a street oversizing fee, developers are paying for oversizing costs associated with arterial and collector streets at the time of the building permit issuance. If the City were to renege on making a full reimburse- ment as required by Article 99-6.F., this would result in a double payment of oversizing costs by developers. Since this particular Development Agreement must be executed by Thursday in order for the developer to be able to go to a hearing of the Planning and Zoning board next Monday, the developer has executed the agreement, but has done so under protest with regard to Section I2(c) for the reasons stated herein. we will be discussing this section in more detail with the City Attorneys and other City staff in the near future. Sincerely, MARCH, MYATT, KORB, CARROLL & BRANDES By: LAL/sms *4r ►n CITY OF FORT COLLINS ENGINEERING SERVICES May 12, 1986 Roger Strauss Tri-Trend, Inc. 1800 W. Horsetooth Road Fort Collins, Colorado 80526 Re: Horsetooth Road at Rossborough 3rd Filing Dear Roger: Tuesday, May 6, 1986, Craig Farver, Mike Herzig and myself made a visual inspection of Horsetooth Road between the eastern most limits of the Rossborough 3rd Filing Subdivision and Taft Hill Road. In our inspection, we noticed several defects in the asphalt which makes this street unacceptable to the City. As you are aware, failures in the asphalt pavement were beginning to occur shortly after it was placed last fall. Even though these areas did receive some type of treatment to protect them through the winter months, failures are continuing to occur. In addition, we saw numerous areas in the west and east bound lanes which are showing signs of failure, alligator cracking of the asphalt pavement and/or subgrade failure, rutting etc. Since this pavement was placed last fall and the amount of deterioration is substantial for the age of the pavement, the City will not accept this street. Please be informed that prior to the City's acceptance of this street, one of the following options must occur: Option 1 Complete removal of the existing asphalt pavement. I Re-evaluation of the aggregate base course. Replacement of the asphalt pavement to designed thickness. - .�^yd-i ` y )2*�3�4'•...� � if5t'.r4�4!>t�'i'3�=���iv�'S�k+K'�� L.' - _ . ENGINEERING SERVICES T 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6605 Roger Strauss May 12, 1986 Option 2 Remove and replace the previously repaired areas. Page Two I Remove and replace other failed areas as marked in the field. I Thoroughly clean and tack the existing asphalt pavement. I Place a one -inch EX overlay from the east project limits to Taft Hill Road, feather the south edge of the overlay into the bike lane. This roadway is a well -traveled route through the City and the need for a good sound pavement is evident. We the City, cannot accept a product which we feel will fail many years before it reaches its design life. Therefore, we must request that the necessary corrective measures be completed by June 30, 1986. I regret the inconvenience this demand may place upon your firm but I'm sure you understand our need to provide the taxpayers with a street which will not deteriorate prematurely. Sincerely, David Stringer Chief Construction Inspector cc: Flatiron Paving Gary Diede Mike Herzig W 140 STEWART&ALSSOCIATES ' Consulting Engineers and Surveyors April 6, 1988 Ms. Debbie de Besche City Planner` City of Fort Collins P 0 Box 580 Fort Collin, Co. 80522 Dear Debbie: This is to inform you that Rossborough, Fourth Filing is a replat of a part of Rossborough, Third Filing and that the configuration of the lots has not changed. The reason for the replat is to -change the covenants. The impervious ground cover will not change and therefore the storm water runoff is not affected. Roger Strauss will work with the Water Department regarding the repay for the water line in Horsetooth and Taft Hill Roads. The repay should not be required until building permits are applied for on the lots West of Dunbar Avenue. Trend Homes built and paid for the water line on Horsetooth Road from their East property line to Dunbar Avenue. The lots East of Dunbar Avenue included in the Fourth Filing therefore should not trigger the repay. Mike Herzig is taking care of the amended development agreement regarding Taft Hill Road improvements and the removal of the factory. The replat does not affect the landscape plan for Horsetooth Road and Taft Hill Road. The lots do not change. The landscaping has been completed on Horsetooth Road. The fencing on both roads and the landscaping on Taft Hill Road will be done when they finish the improvements on Taft Hill Road. call. If you have any further questions regarding this project, please 1km cc: Roger Strauss James H. Stewart and Associates, Inc. 214 N. Howes Street PO Box 429 Ft. Collins. C080522 303/482-9331 Sincerely, C�Cwft�u�-rL vt �— CciLYt, `G� Richard A. Rutherford, P.E. & L.S. President �40 Message. Subject: ROSmiom Sender: lGary D%EDE 2/01 CC: Mike HERZIG / CFC52/01 Part 1" FROM: Gary DIEDE / CFC52/01 TO: Steve BURKETT / CFC/0i CC: Mike HERZIG / CFC52/01 Part 2. Dated: 05/10/88 at 0B29. Contents: 2. STEVE - SUE SAID YOU WANTED MORE INFORMATION ON THE REVISED DEVELOPMENT AGREEMENT FOR ROSSBOROUGH 3rd FILING. THEIR LAST AGREEMENT REQUIRED THEM TO MAKE PUBLIC IMPROVEMENTS ON HORSE - TOOTH AND TAFT HILL. IT ALSO PUT BUILDING PERMIT LIMITS AND A COMPLETION DATE TO PROVIDE CHECK POINTS FOR THEIR PROGRESS. BUILDING OUT THE DEVELOPMENT HAS NOT HAPPENED AS QUICKLY AS THEY HAD THOUGHT. HORSETOOTH ROAD WAS IMPPROVED LAST YEAR AS REQUIRED FOR THE BUILDING PERMITS THAT IMPACTED IT. TAFT HILL HAS NOT BEEN IMPROVED BECAUSE THE LOTS THAT AFFECT IT ARE YET TO BE DEVELOPED. THIS REVISED AGREEMENT RESTRICTS BUILDING ON 90 LOTS OR UNTIL DEC 69 TO MAKE THE TAFT HILL IMPROVEMENTS. THIS WILL ALSO WORK WELL WITH THE CITY'S 1/4 CENT SALES TAX CIP PROJECT TO EXPAND THE TAFT MILL AND HORSETOOTH INTERSECTION THIS YEAR. IT IS ALSO WITHIN OUR POLICY TO NOT BUILD THE ROAD BEFORE THE DEVELOPMENT REALLY NEEDS THE IMPROVEMENT,I.E,, SAVING MAINTENANCE COSTS AND CONSERVING STREET OVERSIZING DOLLARS. IF YOU HAVE ANY MORE QUESTIONS PLEASE LET ME KNOW" GARY End of Item 2. Intray > [Z2 M CITY OF FORT COLLINS DEVELOPMENT SERVICES — ENGINEERING August 11, 1988 Tri-Trend Homes Roger Strauss 3454 Dunbar Avenue Fort Collins, Colorado Re: Street and traffic signs in the Rossborough 3rd Dear Mr. Developer: My office has been informed by Dick Wartenbe of the City Traffic Department that the signs installed in the Rossborough 3rd Development are substandard and do not meet the city's criteria for signs. Dick has talked with your sign contractor, Rocky Mountain Safety Services, and was not satisfied with their response. Therefore, as the developer of this project, it is your responsibility to the City that your sub -contractors provide acceptable products and work. Please be informed that until such time as the signs are brought up to the City standard, Certificates of Occupancy will not be issued for any structure within this development. If you have any questions regarding specific corrections to the signs in this development, please contact Dick Wartenbe at 221-6815. Sincerely, David Stringer Chief Construction Inspector CC: Gary Diede I UIL i Unins, l UIUFdUU OUOCG W toUJJ LCPObU3 ,revetment Services eri Engineng Department April 24, 1989 Roger Strauss Tri-itend Inc. 1800 Horsetooth Road Fort Collins, Colorado 80526 Re: Rossborough Subdivision Dear Mr. Strauss: Coraig�, aril 5, 1989 the City Storm Drainage Department met with RosSUo myself to discuss the drainage regnir�ts for the about the la ofsiOn. In this �t�, there was some expo aareemP„ a Apparently is are how they relate to the development addressed and of this date no actinhas neveral lntems to have not been the capacities of those inprry 7 � al on letn a verify addressed to you dated November 7, 1988, fri�Rod rt�' a letter listed with om w„ts mini lining �t action is needed ffoorre• �� Items are and eventual City acceptance of the storm drains facilities of each develo�lt. drainage facilities in this Ff'olla convenience the items as outlined by Rod with some changes are as amnnel f as the canal west to Dunbar - verify channel widths, and sidesl s Per Plan and seed Rio uct overflow on Downing Court - Tract C, 2nd fil' Chelsea Court - Tract D, 3rd filing. erg, and on - Tract D, 1st filing, verify capacity - Tract B, 2nd filing, verify capacity and seed 300 LaPorte Avenue • P.O. Box 580 • rrrrt Collins, CO 80522-0580 . (303) 221-660-5 u C7 Roger Strauss Page Two - Channel north of Devonshire, along Taft Hill, then East to the canal appears not to need any work Channel south of Devonshire to be completed with the Taft Hill roadway improvements. Another item which I feel is important to address is the inspectior, Procedure for the release of Building Permits and Certificates of Oocupam-y with regard to the Trend Home type of constructicn. As you are aware, sevyears ago Engineering agreed to forego the normal process of reviewing ' Building ing and Occupancy Permit obtained by Rossborough development, due to the fa construction. your firm for the now that this development is factory type of construction. However, feel it is in our best ��y to substantial build -out, I interest to require individual releases, Building or Certificates of Occupancy Permits for the remaining1- -ines in this development. With the amount of damage to the strees, slaeWalks s curb and gutters resulting from your housernoving machines, I believe it will b easier for us to keep track of this damage on an individual basis rather then waiting for the end of the project. development in the same Manner as one built Engineering will handle this when you are ready for a Certificate of � several builders. That is, recording and request the C.O.. The recorder number is, 2211--16609. l the 24-hour Sincerely, David Stringer Chief Construction Inspector CC: Rod Albers Craig Farver Services Engineering Department November 27, 1989 Jeff Strauss Tri-Trend Homes 1800 West Horsetooth Road Fort Collins, Colorado 80526 Re: Rossborou 3rd:and 4th Filings Dear Mr. Strauss: Earlier this year I wrote a letter regarding the need to complete the storm drainage improvements within the Rossborough developments. In this letter dated April 24, 1989 there were several items noted which need to be completed or the City would withhold all permits until such time as the required work was finished. Consequently, Drexel/Burrell Engineering contacted the City Storm Drainage Department on an occasional basis to inquire about the status of the drainage in Rossborough. It is our understanding that they were acting on behalf of Tri-11-end. However, as of this date the necessary work has not been Meted nor has the City received any communication from the Engineer or your firm as to what the Plans are for addressing the storm drainage concerns. It is my belief that the City has tried to work with your firm in resolving the storm drainage issue and has allowed over three times the allotted 43 permits for the 3rd Filing as was stated in the Development Agreement for the 3rd and 4th Filings. As you may recall, all of the storm drainage improvements east of Dunbar were to be completed prior to the release of the 43rd permit, and all improvements were to be completed in the Rossborough developments prior to the release of the 151st permit in the 3rd and 4th Filings. As of this date my records indicate 121 permits have been issued for these filings, which is 30 permits shy of the allowable 151 for those improvements on the west side of Dunbar. Unfortunately, the east side of Dunbar has basically been built without completing the improvements as required, forcing us to demand the completion of the storm drainage improvements in order to protect the health and welfare of those living on the east side of Dunbar. ouu Barone Avenue • P.V. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6605 n m LAL/sms Sincerely, MARCH, MYATT, KORB, CARROLL & BRANDES Byyl ucl/ A. L xea hr Jeff Strauss Page Two Please be informed that as of December 10, 1989 the City will not issue any additional permits within the Rossborough developments until such time as the east side improvements are completed and/or some arrangements for their completion are agreed upon by the Storm Drainage Department. Additionally, I strongly suggest that the remaining improvements be completed throughout the development. Without the needed improvements adjacent to the irrigation ditch, it is my opinion that your firm and the City are assuming some liabilities that neither of us want should a flooding storm occur. I realize you may feel the City is being harsh, but the storm drainage system for the Rossborough developments have been in a half completed state for several years and probably will not function as intended if a storm should occur. it is our desire that this system be completed and certified that it is properly constructed as designed. Sincerely, David Stringer Chief Construction Inspector cc: Rod Albers Bob Smith %W CITY OF FORT COLLINS OFFICE OF PLANNING AND DEVELOPMENT June 1, 1984 Ms. Lucia A. Liley MARCH, MYATT, KORB, CARROLL 8 BRANDES 110 East Oak Fort Collins, Colorado 80524 Re: Tri Trend/Rossborough S.I.D. Dear Lucia: Thank you for your letter of May 22, 1984, outlining your understanding of a meeting held in your office on May 18, 1984, between you, Messers Jim and Roger Strauss of Tri-Trend, and Tom Hays, Mike Herzig and myself representing the City. Tom and I have reviewed your letter and agree with the concept but feel further clarification may be in order. Tri-Trend would be expected to construct the north half of Horsetooth Road and the east half of Taft Hill Road (adjacent to their property) to arterial standards and would be reimbursed from the street oversizing funds for that portion of either street (including sidewalk) which exceeds the local street standards either in width or structure. (We feel your statement of 18 feet may be misinterpreted.) We would like a statement that reimbursement by credit against future over - sizing fees may be an option to cash be added to your second paragraph. We concur with the balance of your understanding of the meeting and will recommend the City Manager sign an addendum to the agreements for Rossborough when it is prepared and sent for signatures. Sincerely, Maurice E. Rupel Development Center Director MER:ro r01I �umns. Ulinrana tlUJ22 2 . (JUdI 2I-6/5G AND DEVELOPMENT %W './ MARCH, MYATT, KORB, CARROLL & BRANDES ATTORNEYS AND COUNSELLORS AT LAW ROBERTSON BUILDING 1 A RTNUR E. MARCH, JR, 10 EAST OAK STREET RAMSEY D. MYATT FORT COLLINS, COLORADO 80524 MART{ L. KORB JOSEPH T. CARROLL, JR. (303) 482-4322 ROBERT W. BRANDES,JR. RICHARO S. GAST LUCIA A. LILEY J.BRAOFOR❑ MARCH June 20, 1984 Tom Hays, City Engineer Maurie Rupel, Development Center Director City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522 RE: Addendum to Rossborough Subdivision Agreement Dear Maurie and Tom: Enclosed is a copy of the Addendum to the Subdivision Agreement with revisions as suggested conversations with both of you. 4,:� 1N 2 5 l:+u<1 I oL A ,rr"�w&, r. O. BOX 459 FORT COLLINS, CO aOS22 Rossborough in telephone In Section 1, I have changed the language to specifically reference §99-6 B (6) of the City Code regarding offsite improvements as suggested by Maurie. In addition, I have eliminated the references to 18 feet widths and simply put "1/2 of Horsetooth Road" and "1/2 of Taft Hill Road." I'm not sure that this doesn't confuse more than clarify the intent of what we're trying to do, but if you think this better suits your needs we can live with it. However, to clearly indicate what Developer's costs will be for Taft and Horsetooth, I added a statement under Section 4 which limits costs to 1/2 of a local street standard. In Section 2 of the Agreement, relative to timing of development improvements, I have changed the date from December 31, 1985 to December 31, 1986 and added an additional clause that recognizes that it may not be economically feasable to finance the improvements by that date either through an SID or with private financing. In that event the parties agree to renegotiate the timing requirement but in no event will building permits for the final phase of the subdivision be released until the improvements required in the agreement are completed. %W June 20, 1984 Tom Hays Maurie Rupel Page 2 Lastly, in Section 3 relative to oversizing costs, I have made a simple change which references 999-6 F of the City Code relating to payment of oversizing costs by the City. I have sent a copy of this to the Developers for their review and comment. Should you have any additional suggestions or revisions, please advise as soon as possible. Sincerely MARCH, MYATT, KORB, CARROLL & Bfi�,ANDES, By LL/rg Enc cc: Roger Strauss CITY OF FORT COLLINS OFFICE OF PLANNING 6, DEVELOPMENT, COMPREHENSIVE PLANNING October 18, 1984 Roger Strauss Tri-Trend Inc. 3336 Birmingham Dr. Fort Collins, CO 80526 Dear Roger, The staff has reviewed the application for preliminary and final subdivision plat approval of the Rossborough,Third Filing and offers the following comments: 1. The street names "Stratford" and "Abbey" are too similiar to a number of other streets already existing in the community and could be confused in an emergency situation. Different names should be proposed. 2. There is an existing 20' x 40' Public Service Co. easement for a future natural gas regulator station in the southwest corner of lot 52. See attached PSCo Doc 145483. This easement should be indicated on the plat. How does this easement effect the buildability of that lot? 3. Provisions must be made to extend the north branch of the Warren Lake Trunk Sewer eastward in Birmingham Drive. It currently terminates with a temporary tie at Dunbar and Birmingham. 4. Dunbar, Dunbar Ct., and Stratford do not appear to be designed to City standard. Please revise. 5. Dunbar Ct. must be a continuation of the name from across street. Stratford Court should be renamed as it is too close to Stratford Street. 6. The plat shows a possible future extension of Churchill Court across Dunbar Ave to service the existing site of the factory. Future development plans for the factory site should be indicated. DEVELOPMENT, COMPREHENSIVE PLANNING ­`ul Le t ve. . r.u. dox ndu . Fort Collins, Colorado 80522 . (3031 221-6750 6 tv 1%W 7. A future street connection (lot 242) to the unplatted property to the south should be evaluated. 8. A non -vehicular access easement should be provided along Horsetooth Road. 9. The applicants should provide a Traffic Impact Study for the subdivision. I would recommend you contact Rick Ensdorff, City Traffic Engineer, for details of this study. 10. Certain off -site street improvements may be required. Further information on this requirement is forthcoming. 11. A landscape plan should be submitted for areas along Horsetooth Road and Taft Hill Road. The plan should indicate landscape treatment of areas at end of "open-ended cul de sacs", fencing, vegetative planting along the ROW of both arterial streets, and maintenance. 12. Fencing treatment of irrigation canal area should be indicated. Who will maintain the irrigation canal area? 13. Per Subdivision Regulations, all double sided lots must be a minimum of 150' in depth where they abut the arterial streets. Please revise. 14. Lots 178-185 could present future problems resulting from cars entering and leaving off of a major collector street. Recent examples,for instance Swallow Road, has shown that homes fronting on these streets are undesirable because of the access problems. Also, driveways on collector streets tend to reduce the overall carrying capacity of those streets. The staff would recommend that the applicant re-evaluate the plan in terms of eliminating this condition. 15. The staff is concerned about the visual appearance from Horsetooth road of a long line of fences on lots 52 through 70. The staff would recommend that the applicant investigate design alternatives to break up the monotony of the fence line in this area. I would recommend we meet as soon as possible to discuss the above comments. Revisions to the plans addressing the above comments should be submitted no later than Monday, October 29, 1984. On November 12, 1984, 81/2" x 11" PMT reductions, colored renderings, and ten full size copies of all plans should be delivered to this office. Also, on Thursday, November 15, signed mylars of the plat and any other necessary final documents should be submitted to me. If you should have any questions or require further clarification of any of the above comments, please feel free to contact me. `1✓ Sincerely, l tin Joe Frank Senior Planner cc Bonnie Tripoli Dick Rutherford, Stewart & Assoc. VAW MARCH, MYATT, KORB, CARROLL & BRANDES ATTORNEYS AND COUNSELLORS AT LAW ROBERTSON BUILDING A RTHUR E. MARCH, JR. 110 EA5T OAK STREET RAMSEY D. MYATT FORT COLLINS, COLORADO 80524 ARTHUR E. MARCH MARK L. KORB (303) 482-4322 1909-1991 JOSEPH T. CARROLL, JR. - ROBERT W. BRANDES, JR. MAILING ADDRESS: RICHARD S. GAST January 24, 1985 P.O. BOX 469 LUCIA A. LILEY FORT COLLINS, CO 80522 J.BRADFORD MARCH Ms. Bonnie Tripoli Planning Department City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80521 Re: Rossborough Third Filing Development Agreement Dear Bonnie: The proposed Development Agreement for Rossborough Third Filing as recently revised by your office is satisfactory, with two exceptions. First, Exhibit "D" to the Development Agreement relating to a cost estimate for major drainage improvement states that this exhibit does not apply to this development. In recent discussions with you, it appears that, in fact, there may be drainage improvements for which the developer is entitled to reimbursement from the City. As you know, the developer's engineers are presently in the process of developing the cost estimates and, at such time as these are available, they will be submitted to the City for its review, approval, and reimbursement. We would like to stress that the developer, in its execution of this Development Agreement, is in no way waiving any right to reimbursement for such drainage improvements and will anticipate that at the time the cost estimates have been approved and received by the City, that the Development Agreement will be amended by the City to include an appropriate Exhibit I'D" detailing those costs. Secondly, Section I2(c) relative to special conditions for streets contains, in part, the following provision: "The City agrees to repay the Developer for oversizing Horsetooth Road and Taft Hill Road to arterial standards in lieu of local street standards in accordance with the Code of the City of Fort Collins, Article 99-6.F. When payment is requested by the Developer, the C 1tV'S obligation for navment cha11 ha 1,m,1-oA r., «t,.,�e F,.,..�� «>n �.. appropriated, nt or work then The underlined sentence, which apparently has recently been added by the City to the Development Agreement, concerns us