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HomeMy WebLinkAboutMAPLE HILL - Filed DA-DEVELOPMENT AGREEMENT - 2003-08-19d RECEPTION#: 20110080042, 12/21/2011 at 11:02:40 AM, 1 OF 28, R $146.00 TD Pgs: 0 Scott Doyle, Larimer County, CO DEVELOPMENT AGREEMENT THIS AGREEMENT, is made and entered into this 19th day of August 2003, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and GILLESPIE FARM DEVELOPMENT COMPANY, a Colorado Corporation, hereinafter referred to as "Developer"; and NINETEENTH GREEN PARTNERSHIP, LLP, a Colorado Limited Liability Partnership, hereinafter referred to as "Owner." WITNESSETH: WHEREAS, Developer has entered into an agreement with the Owner to acquire ownership of certain real property situated in the County of Larimer, State of Colorado, (hereafter sometimes referred to as the "Property" or "Development") and legally described as follows, to -wit: A tract of land known as Maple Hill, being a Replat of the 191h Green Planned Unit Development — Phase 1, located in the Northwest Quarter of Section 32, Township 8 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, 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 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 Final Development Plan Documents submitted by 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 consideratio other good and valuable consideration, the acknowledged, it is agreed as follows: c�Ay g Faf� C-a���v1S , � �Sb5Z2 n of the promises of the parties hereto and receipt and adequacy of which are hereby 7. The drainage design for this Development provides for the evacuation of storm drainage runoff in a reasonable amount of time out of the water quality and detention facilities and into the drainage outfall system. The water quality and detention facilities have been designed to discharge stormwater runoff from frequent storms over a forty (40) hour period through a small diameter outlet. Under the intended operation of the water quality and detention pond, there will not be standing water in the pond more than forty-eight (48) hours after the end of a rainfall event. If, during or within two (2) years after construction and acceptance of the detention facilities associated with this Development, surfacing or standing water conditions persist in these facilities; and if such conditions are beyond what can be expected in accordance with the approved stormwater design, Developer shall promptly, upon such discovery, install an adequate de -watering system in the detention facilities. Such a system shall be reviewed and approved by the City prior to installation. 8. Developer shall be responsible for maintenance of all storm drainage facilities that are constructed outside of the public right-of-way, until such time as a homeowners association has been created by Developer with respect to the Development and such homeowners association has assumed responsibility (or there has been imposed on such homeowners association by recorded covenants, the responsibility) for such maintenance (at which time Developer shall automatically be released and discharged from any further obligation under this provision). Upon acceptance of the installed outfall pipe, the City shall assume maintenance of the outfall pipe going into the canal Number 8 Ditch from the last manhole to the point of outfall. Developer shall provide the City with truck - maintenance access to the downstream manholes in both of these cases. The accesses shall be in Tracts P at ManholelA, and Tract F at Manhole 7A and shall have a surface that is practicable for HS20 loading in order for maintenance trucks to perform their operations. 9. Developer shall obtain an agreement to allow discharge of drainage water into the Canal Number 8 Ditch prior to the recordation of the subdivision plat for the Property. Such permit shall contain the unconditional promise of Developer to indemnify and hold harmless the Windsor Reservoir Company ("Irrigation Company") and the City from any claims, damages, injury or cause of action against the Irrigation Company or the City caused by Developer, or its successors and assigns, in relation to the normal operation and use of the ditch by the Irrigation Company, and Developer shall further indemnify and hold harmless the City and the Irrigation Company from any such claims, damages, injury or cause of action by third parties which result from stormwater volumes added to the ditch by Developer in excess of historic flows except as such claims, damages, injury or cause of action are as a result of a negligent act or acts of the Irrigation Company. 10. This Development is designed to initially drain into the Canal Number 8 Ditch owned by the Irrigation Company. This drainage outfall must serve the Development until such time as the City designs and builds an alternative drainage outfall for this part of the Boxelder/Cooper Slough Basin in accordance with the adopted master plan for this area. At the time that such an outfall is designed and built, 10 Developer or its assigns, shall be obligated to modify the point of discharge and drainage outfall from this Development to remove both points of outfall from this Development into the Canal Number 8 Ditch and connect these instead to the City master planned system. Developer shall deposit with the City as contribution in aid the sum of $9,927.60 with the City of Fort Collins Utilities, in the form of cash, bond, certificate of deposit or a bank letter of credit, which represents one hundred fifty percent (150%) of the engineer's estimate of Developer's share of the of costs related to the future modification of the storm drainage outfall pipes from this development, directing these into the City's master planned system and out of the irrigation system. This contribution shall be deposited with the City of Fort Collins Utilities prior to issuance of a Development Construction Permit for this development. In no event shall Developer's share of the cost of modification of the point of discharge and drainage outfall exceed the amount deposited. 11. In accordance with the agreement with the irrigation company and the applicable Final Development Plan Documents, the 100-year developed stormwater flow from the Development shall be detained, and these developed flows shall be released into the Irrigation Company's ditch at a rate not to exceed 10 cfs for the 100- year design storm. 12. Some lots in this Development abut certain storm drainage facilities and it is agreed that it is of the utmost importance that no storm water from said facilities enters houses built on these lots. In order to provide the assurance that houses built on these lots are constructed at an elevation that said storm water cannot enter, the Final Development Plan Documents contain specifications for the minimum elevation for any opening to each house. Prior to the issuance of a certificate of occupancy for Lots 1 through 65, Block 20, Developer shall provide certification from a professional engineer licensed in Colorado that the lowest opening to any such house is at or above the minimum elevation required on the Final Development Plan Documents. Said certification is in addition to, and may be done in conjunction with, the lot certification described in paragraph II.C.4., above. D. Streets. 1. Subject to the conditions of this Agreement, the City agrees to reimburse Developer for oversizing public street improvements along County Road 11, Country Club Road, County Road 52, Thoreau Road, Bar Harbor Drive and Maple Hill Drive for those portions of said street abutting the Property as shown on the Final Development Plan Documents. Reimbursement for County Road 11, Country Club Road, County Road 52, Thoreau Road, Bar Harbor Drive and Maple Hill Drive shall be for oversizing the street from local (access) standards to arterial and collector standards. The City shall make reimbursement to Developer for the aforesaid oversized street improvements in accordance with Section 24-112 of the Code of the City. 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 11 Developer further understands that to the extent that funds are not available for such reimbursement, the City may not, in the absence of Developer's agreement, require the construction, at Developer's expense, of any oversized portion of streets not reasonably necessary to offset the traffic impacts of the Development. Developer does hereby agree to construct the aforesaid oversized street improvements with the understanding that Developer may not be fully reimbursed by the City for the cost of such construction. 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 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 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 ($30,000.00), the contract for the construction of the same must be submitted to a competitive 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 ($50,000.00), 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 ultimate street improvements to County Road 11 as shown on the Final Development Plan Documents will not occur until Phase 4 of this Development, as shown on the Final Development Plan Documents, at which time the City will construct said improvements, including the private drive connections needed to serve the existing homes on the west side of County Road 11. Any delay by the City in constructing such improvements shall not be a cause for delay in the issuance of building permits or certificates of occupancy for all or any portion of the Development, provided that the lot(s) for which a building permit is requested has otherwise met the criteria contained in Section 3.3.2(D) of the Land Use Code. 4. Developer shall provide to the City Street Oversizing Fund the sum of $225,141.44, prior to the issuance of any building permits for this Development. This amount is the estimated cost for Developer's obligation for the off -site roadway improvements for County Road 11 south of Richards Lake Road/County Road 52 to County Road 9, and County Road 9 south to International Parkway. 12 5. In lieu of the lump sum payment to the City as described in paragraph 4, above, the City agrees to issue to Developer one hundred (100) building permits within this Development, and prior to the issuance of each building permit Developer agrees to pay to the City $2251.41 per each building permit. 6. Developer is obligated to construct the local street portion of the County Road 11 improvements adjacent to this Development from Richards Lake Road/County Road 52 to the southernmost boundary of this Development as specified on the Final Development Plan Documents. In addition, Developer agrees to pay its proportionate share (based on the equitable participation of other projects benefiting from the County Road 11 improvements, but not to exceed 1/3) of the cost of the "driveway consolidation improvements" for the existing residences on the west side of County Road 11 from Richards Lake Road to Country Club Road. In determining Developer's obligation for such costs, Developer shall also be provided a credit equal to the land costs and design costs attributable to the County Road 11 improvements incurred by Developer. However, the construction of such improvements at the time of the initial phases of this development is not desirable or necessary. Therefore, Developer agrees to provide to the City for it's approval, an estimate of costs for such roadway improvements, which estimate shall be prepared by an engineer licensed in Colorado. Upon approval by the City of said estimate, Developer shall deposit with the City to be held in escrow for said construction purpose said estimated amount plus fifty percent (50%) additional, to cover the cost of inflation and administration. Said deposit may be in the form of cash, bond, certificate of deposit or bank letter of credit and shall be delivered to the City prior to the issuance of no more then one hundred thirty-two (132) building permits, provided further that such security may be substituted with different security acceptable to the City, whereupon the original security shall be released to Developer. At any time Developer may provide a nonrefundable, nonsubstitutable cash payment to the City in satisfaction of Developer's obligation for such work. Such cash payment shall be in the amount of said estimate, plus such additional amount as is necessary to bring the estimate current, accounting for actual inflation in costs. Upon receipt by the City of such cash payment, any security then held by the City shall be released to Developer, and Developer's obligation for this security shall be considered satisfied. 7. Developer shall provide to the City the sum of $162,995.80, in the form of cash, bond, certificate of deposit or bank letter of credit, to be held in escrow by the City to cover Developer's proportionate share of the cost for (i) construction of the vehicular and pedestrian bridges over the Larimer and Weld Canal along the property's eastern boundary as reflected on Exhibit "D" hereto, and (ii) extension of Maple Hill Drive and Country Club Road from its constructed termination point to the eastern boundary of the Development. Said escrow shall be established with the City prior to the issuance of the first building permit in Phase 4. If said escrow is not used within a seven (7) year period, the City shall return to Developer the amount escrowed plus interest earned by the City on such deposit if the deposit is made in cash, less three percent (3%) of the total amount remaining (which includes the amount deposited plus interest earned) to be kept by the City to cover its cost for administration of said deposits. At such time, Developer shall have no further obligation to the City for construction of said structures. 13 8. Notwithstanding any provision herein to the contrary, Developer shall be responsible for all costs for the initial installation of traffic signing and striping for this Development, including both signing and striping related to Developer's internal street operations and the signing and striping of any adjacent or adjoining local, collector or arterial streets that is made necessary because of the Development. 9. The interim road improvement to Mountain Vista Drive/County Road 9 and County Road 11 is not a structural overlay and is not capable of supporting the construction traffic for the build out of this Development. Therefore, for the construction of Phases 1, 2 and 3, Developer may use Mountain Vista Drive/County Road 9 and County Road 11 as a haul route for construction equipment and materials. For Phases 4, 5, 6 and 7, Developer is required to use Mountain Vista Drive, County Road 9 and County Road 52 as the haul route for construction equipment and materials. 10. The City has fully approved the nature and extent of the necessary street improvements to Vine Drive and Lemay Avenue intersection as more fully shown on the Final Development Plan Documents, but the City has determined that such improvements need not be completed until Developer proceeds with development of Phase 3 of the Development. Prior to the issuance of the first building permit in Phase 3, Developer shall make the necessary street improvements to the Vine Drive and Lemay Avenue intersection shown on the Final Development Plan Documents. 11. Following completion of all public infrastructure improvements, Developer shall continue to have responsibility for maintenance and repair of said improvements in accordance with Sections 2.2.3, 3.3.1 and 3.3.2 of the Land Use Code of the City. E. Trail Underpass Construction Cost. 1. Prior to the issuance of any building permit in Phase 4 and prior to the construction of either County Roads 52 or 11, Developer shall pay the City Parks and Recreation Department cash in an amount equal to the Development's portion of the trail system, assuming that said trail is to be constructed as an "at grade" crossing with the street system. Such payment shall include the estimated cost of right-of- way/easement acquisition, engineering design, material and labor costs for construction. Developer shall prepare the estimated costs to fulfill its local trail obligation, which estimate shall be prepared by an engineer licensed in Colorado, and shall submit said estimate to the City Parks and Recreation Department for its approval prior to the issuance of the first building permit in this Development. Upon making such cash payment, Developer's obligation for these improvements shall be considered satisfied. It is anticipated that the cost to be borne by Developer associated with the substantial amount of earthwork required to construct the trail underpass will be greater than the cost to construct the trail "at grade." Accordingly, if an underpass is constructed, the City shall pay Developer the difference upon commencement of such construction. 14 F. Ground Water, Subdrains and Water Rights. 1. The City shall not be responsible for, and Developer (for itself and its successor(s) in interest) 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 proximately caused by the City's negligent operation or maintenance of its storm drainage facilities in the Development. However, nothing herein shall be deemed a waiver by the City of its immunities, defenses, and limitations to liability under the Colorado Governmental Immunity Act (Section 24-20-101 CRS, et. seg.) or under any other law. 2. If the Development includes a subdrain system, any such subdrain system, whether located within private property or within public property such as street rights -of -way or utility or other easements, shall not be owned, operated, maintained, repaired or reconstructed by the City and it is agreed that all ownership, operation, maintenance, repair and reconstruction obligations shall be those of Developer or Developer's successor(s) in interest. Such subdrain system is likely to be located both upon private and public property and, to the extent that it is located on public property, all maintenance, operation, repair or reconstruction shall be conducted in such a manner that such public property shall not be damaged, or if damaged, shall, upon completion of any such project, be repaired in accordance with then existing City standards. The City shall not be responsible for, and Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and hold harmless the City against any damages or injuries sustained in the Development as the result of groundwater seepage or flooding, structural damage or other damage resulting from failure of any such subdrain system. 3. Without admitting or denying any duty to protect water rights, Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and hold harmless the City against any damages or injuries to water rights caused, directly or indirectly by the construction, establishment, maintenance or operation of the Development. 4. The City agrees to give notice to Developer of any claim made against it to which the foregoing indemnities and hold harmless agreements by Developer could apply, and 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 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 the forgoing indemnities and hold harmless agreements by Developer to not apply to such claim and such M, failure shall constitute a release of the foregoing indemnities and hold harmless agreements as to such claim. G. 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. H. Development Construction Permit. 1. Developer shall apply for and obtain a Development Construction Permit for this Development, in accordance with Division 2.6 of the Land Use Code (or Section 29-12 of the Transitional Land Use Regulations, if applicable), prior to the Developer commencing construction. Developer shall pay the required fees for said Permit and construction inspection, and post security to guarantee completion of the public improvements required for this Development, prior to issuance of the Development Construction Permit. Maintenance and Repair Guarantees. 1. Developer agrees to provide a two-year maintenance guarantee and a five-year repair guarantee covering all errors or omissions in the design and/or construction of the public improvements required for this Development, which guarantees shall run concurrently and shall commence upon the date of completion of the public improvements and acceptance thereof by the City for each phase of the Development. More specific elements of these guarantees are noted in Exhibit "C." Security for the maintenance guarantee and the repair guarantee shall be as provided in Section 3.3.2(C) of the Land Use Code, or Section 29-14 of the Transitional Land Use Regulations, as applicable. Notwithstanding the provisions of paragraphs III (H) and (1) of this Agreement to the contrary, the obligations of Developer pursuant to this paragraph and Exhibit "C" may not be assigned or transferred to any other person or entity unless the warranted improvements are completed by, and a letter of acceptance of the warranted improvements is received from the City by, such other person or entity. J. Right to Farm. 1. The City acknowledges and agrees notwithstanding the approval of the site specific development plan for the Property, those portions of the Property located in phases not then under development may continue to be farmed by Developer or Owner, or their respective successors or assigns, until such time as development has commenced on such portion of the Property. III. Miscellaneous 16 A. 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, Developer shall, at all times, keep the public right-of-way free from accumulation of waste material, rubbish, or building materials caused by 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 the public right-of-way. Developer further agrees to maintain the finished street surfaces so that they are free from dirt caused by 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 Developer fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the streets cleaned at Developer's expense and Developer shall be responsible for prompt payment of all such costs. 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. 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. 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 executed in the future that are required by the City for the approval of an amendment to a development plan, and the City may withhold (or to the extent permitted by law, revoke) such building permits and certificates of occupancy as it deems necessary to ensure performance in accordance with the terms of this Development Agreement. The processing and "routing for approval" of the various development plan documents may result in certain of said documents carving dates of approval and/or execution that are later than the date of execution of this Development Agreement or the Memorandum Of Agreement (if any) recorded to give record notice of this Agreement. Developer hereby waives any right to object to any such discrepancy in dates. 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 Developer agrees to comply with all requirements of the same. 17 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. All financial obligations of the City arising under this Agreement that are payable after the current fiscal year are contingent upon funds for that purpose being annually appropriated, budgeted and otherwise made available by the Fort Collins City Council, in its discretion. 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 Developer's legal or equitable interest in the Property, as well as any assignment of Developer's rights to develop the Property under the terms and conditions of this Agreement. 1. In the event Developer transfers title to the Property and is thereby divested of all equitable and legal interest in the Property, Developer shall be released 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 thirty (30) days within which to cure said default. If the nature of the default is such that it cannot be reasonably cured within said thirty (30) days, the time for curing said default shall be extended for a reasonable period of time provided that Developer commences efforts to cure within said 30-day period and continues diligent efforts thereafter until such default is cured. 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 attorneys' 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. 18 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 if to the Developer: Gillespie Farm Development Company 375 East Horsetooth Road Building 6, Suite 102 Fort Collins, CO 80525 With a copy to: Michael A. Maxwell Hasler, Fonfara and Maxwell LLP 125 South Howes Street, Sixth Floor Fort Collins, CO 80521 If to the Owner: Nineteenth Green Partnership, LLP c/o Parmer A. Gillespie, Jr. 6513 South Glencoe Centennial, CO 80121 With a copy to: Timothy W. Hasler Hasler, Fonfara and Maxwell LLP 125 South Howes Street, Sixth Floor Fort Collins, CO 80521 19 General Conditions A. The terms of this Agreement shall govern all development activities of 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 appearance of the Property caused by, or on behalf of, 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, (except for the bikepaths which shall be installed by the City), shall be installed as shown on the Final Development Plan Documents 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 approval of the site specific development plan, unless extended in accordance with section 2.2.11 of the Land Use Code. In the event that Developer commences or performs any construction pursuant hereto after the passage of three (3) years from the date of approval of the site specific development plan (plus any extension) Developer shall, if requested to do so by the City Engineer, resubmit the utility plans to the City Engineer for reexamination. The City may then require 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 a defined Phase of the Development as reflected in the Final Development Plan Documents shall be issued by the City until the public water lines and stubs to each lot, fire hydrants, electrical lines, sanitary sewer lines and stubs to each lot, and public streets (including curb, gutter, and pavement with at least the base course completed) within such phase and serving such structure have been completed and accepted by the City. No building permits shall be issued for any structure located in excess of six hundred and sixty feet (660') from a single point of access, unless the structures contain sprinkler systems that are approved by the Poudre Fire Authority. D. Any water lines, sanitary sewer lines, storm drainage lines, electrical 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 Final Development Plan Documents and shall be installed by Developer within the time as established under "Special Conditions" in this document. E. Except as otherwise herein specifically agreed, Developer agrees to install and pay for all water, sanitary sewer, and storm drainage facilities and appurtenances, and all streets, curbs, gutters, sidewalks (except for the bikepaths which shall be installed by the City), and other public improvements required by this Development as Notwithstanding the foregoing, if any party to this Agreement, or its 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 for convenience of reference and shall in no way define, limit, or prescribe the scope or intent of any provision under this Agreement. P. The Owner is made a party to this Agreement solely for the purpose of subjecting the Property to the covenants contained in this Agreement. The City and Developer expressly acknowledge and agree that the Owner shall not be liable for any obligations of Developer under this Agreement, unless the Owner were to exercise any of the rights of Developer in which event the obligations of Developer shall become those of the Owner. 20 THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: C�k �. q, , L4:j John . Fishbach, City Manager ATTEST: ,I), ,I s /( Xms City Clerk APPROVED AS TO CONTENT: City Engine r APPROV AS TO FORM: eputy City A torney DEVELOPER: GILLESPIE FARM DEVELOPMENT COMPANY, a Colorcido Cofpofqtion , Z W Thy Dough , Vice resident/SecreWry 2l OWNER: NINETEENTH GREEN PARTNERSHIP, LLP, a Colorado Limited Liability Partnership By: Parmer A. Gillespie, Or., Ma aging Partner 22 EXHIBIT "A" Schedule of electrical service installation. Electrical lines need to be installed prior to the installation of the sidewalk, curb returns, handicap ramps, paving and landscaping. if Developer installs any curb return, sidewalk or handicap ramp prior to the installation of electrical lines in an area that interferes with the installation of the electrical line installation, Developer shall be responsible for the cost of removal and replacement of those items and any associated street repairs. 2. Schedule of water lines to be installed out of sequence. Not Applicable. 3. Schedule of sanitary sewer lines to be installed out of sequence. Not Applicable. 4. Schedule of street improvements to be installed out of sequence. Not Applicable 5. Schedule of storm drainage improvements to be installed out of se uence. Not Applicable. EXHIBIT "B" [Not Applicable] EXHIBIT "C" MAINTENANCE GUARANTEE: Developer hereby warrants and guarantees to the City, for a period of two (2) years from the date of completion and first acceptance by the City of the public improvements within each phase warranted hereunder, the full and complete maintenance and repair of the public improvements constructed for this Development. This warranty and guarantee is made in accordance with the City of Fort Collins Land Use Code and/or the Transitional Land Use Regulations, as applicable. This guarantee applies to the streets and all other appurtenant structures and amenities lying within the rights -of -way, easements and other public properties, including, without limitation, all curbing, sidewalks (except for the bikepaths which shall be installed by the City), drainage pipes, culverts, catch basins, drainage ditches and landscaping. Any maintenance and/or repair required on utilities shall be coordinated with the owning utility company or city department. Developer shall maintain said public improvements in a manner that will assure compliance on a consistent basis with all construction standards, safety requirements and environmental protection requirements of the City. Developer shall also correct and repair, or cause to be corrected and repaired, all damages to said public improvements resulting from development -related or building -related activities. In the event Developer fails to correct any damages within thirty (30) days after written notice thereof, then said damages may be corrected by the City and all costs and charges billed to and paid by Developer. The City shall also have any other remedies available to it as authorized by this Agreement. Any damages which occurred prior to the end of said two (2) year period and which are unrepaired at the termination of said period shall remain the responsibility of Developer. REPAIR GUARANTEE: Developer agrees to hold the City of Fort Collins, Colorado, harmless for a five (5) year period, commencing upon the date of completion and acceptance by the City of the public improvements constructed for each phase of this Development, from any and all claims, damages, or demands arising on account of the design and construction of public improvements of the Property shown on the approved plans and documents for this Development; and the Owner furthermore commits to make necessary repairs to said public improvements, to include, without limitation, the roads, streets, fills, embankments, ditches, cross pans, sub -drains, culverts, walls and bridges within the right-of-way easements and other public properties, resulting from failures caused by design and/or construction defects. This agreement to hold the City harmless includes defects in materials and workmanship, as well as defects caused by or consisting of settling trenches, fills or excavations. Further, Developer agrees that the City shall not be liable to Developer during the warranty period, for any claim of damages resulting from negligence in exercising engineering techniques and due caution in the construction of cross drains, drives, structures or buildings, the changing of courses of streams and rivers, flooding from natural creeks and rivers, and any other matter whatsoever on private property. Any and all monetary liability occurring under this paragraph shall be the liability of Developer. The obligations of Developer pursuant to the "maintenance guarantee" and "repair guarantee" provisions set forth above may not be assigned or transferred to any other person or entity unless the warranted improvements are completed by, and a letter of acceptance of the warranted improvements is received from the City by, such other person or entity. ' rsl', mc. Exhibit "D" C(Liisulting Eq�yime.s JPINION 01- MOST PROBABLE COST I Client: Gillespie Farm Doelopment Company Job No. 0953 -003 Date: 6-23-03 Projert: Mallic Hill Rev. Bv; FNN*, Ilan H;I Ill V I E NO. 8 OUILEYDITC1 I r Is V A-1 1b2 c,,s!! !,,Rd 0, . 8';1.?% 1 td,en —LL—r'. 51,15i) 1"i f,).) oo 12� M.I.I. Ifill D, road crui.suir, multiplied by 50% cost sharing Subtotal S51.250.00 ( . R .12 road er—ing nitilliplicil by 25% cost sharing Subtotal S25.625.00 unwl CIA Rif, roud crossing natiltililled In 25% con sharlugg Subtotal $25.W.00 Future Road Crossings Submal 11*1j ITHE PEDESTRIAN BR1nGV ovr.ii 'ruiF NO. W OUTLET DITCH I �edvamn jvidc"butllmw costs Subtotal S27,000 M Pedestriat, Bridge crossing 111alliplied by 50% cost sharing Subtotal S13,S00.00 Future Pedestrian gridge Subtotal S13.500.00 I WATF11 121, Pvc LF 1 SAW : — Ph.v i $3. 75 W 12" \ 24- 1.175 (X) I V I VA $375(1j lValerSuhtwa( .511.625.00 II Pvc Server Subtotal ss,550.11v 5 PUBLIC STIALETS - 4)tj Site for.NIAPLE HILL URIVE �uh adc 111cp ver"cal Umb•@Guiles M0 I Lis Sj7 (Y. 1 (A) 00 Nw-w.-Ic S,y S()S I 32.Ko 1 suk";k-Icloched V wide L F. ?;,,ograd. Lre Lnli7S5mJ1 to Uo 3.71)0 W Giiecw, IF." )me 1-67 W004 M Ste Note S500 (Y.) it, ipmg I I-S.1 Public Streets - On She jar AMPLE HILL DRIVESubrotal S17.460%40 fit JHLW STREETS - On Site I'ar COUNTRY CLUB [it). subwa,le I'm, I Cmb& F 50.A0 S24000 i.buradr h co ISide-11k det,iclic,l) 81, 5'-dc So f)O I 11,el, I Pa—tvcm) sm i0.5D to" S3 (814 (9) 111,, No,,. hiblic Streets - On Miefim (.Y)f7:VTR I'C1.1 '/j OR. Silblojoi S12.360.40 Still I-OTAL REC.41- F11111RE ROAD VR0SSINr.S S102.500.08 1. 1 11 11114: PP. r I FIST RIAN Cltf)SSIN'G $13,500.00 E . W E'li- 0`N-JS I'T E I'tIRLI('s,i'REE'rs-)IAPI.t.IIILLUR.ONSITE TOTAL S 17.46.0 UMWI.40 S162,995.80 face 1 .1 0 0.2, FST, INC. Consulting E;ngince,, Client: Gillespie Farm Development Company Project; Maple dill Vo aem Ota stay .)PINION OF MOST PROBABLF CAST .fob No. 0953-003 Date: 6-23-03 Rev. By: FN1 1. nit Cau I I.!tal I CUttlnhalt.i Page 2 M .' shown on the 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 (water and sewer) leading in and from the main to the property line and all electrical lines. G. The installation of all utilities shown on the Final Development Plan Documents shall be inspected by the Engineering Department of the City and shall be subject to such department's approval. 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 Final Development Plan Documents shall supersede the standard specifications. H. All storm drainage facilities shall be so designed and constructed by 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). Developer shall meet or exceed the minimum requirements for storm drainage facilities as have been established by the City in the current Drainage Master Plans and Design Criteria. Developer, for itself and its successor(s) in interest, 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 Developer); and (3) specific written or otherwise documented directives that may be given to Developer by the City. The City agrees to give notice to Developer of any claim made against it to which this indemnity and hold harmless agreement by Developer could apply, and 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 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 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. 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. 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. 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. 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. Developer, for itself and its successor(s) in interest, does hereby indemnify and hold harmless the City from any liability whatsoever that may be imposed upon the City by any governmental authority or any third party, 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 damages or liability are not caused 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 Developer. 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 to give notice to Developer of any claim made against it to which this indemnity and hold harmless agreement by Developer could apply, and 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 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 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. L. Developer acknowledges and agrees that the City, as the owner of any adjacent property (the "City Property") on which off -site improvements may be constructed, or that may be damaged by Developer's activities hereunder, expressly retains (and does not by this Development Agreement waive) its rights as property owner. The City's rights as owner may include without limitation those rights associated with the protection of the City Property from damage, and/or the enforcement of restrictions, limitations and requirements associated with activities on the City Property by Developer as an easement recipient. II. Special Conditions A. Water Lines. 1. Notwithstanding anything in this Agreement to the contrary, the Development will be provided water service from the East Larimer Water District ("Water District"), and all water line improvements shall be installed and inspected in accordance with the Water District's regulations and the approved plans therefor. B. Sewer Lines. 1. Notwithstanding anything in this Development Agreement to the contrary, the Property will be provided sanitary sewer service from the Boxelder Sanitation District ("Sewer District"), and all sewer line improvements shall be installed and inspected in accordance with the Sewer District's regulations and the approved plans therefor. C. Storm Drainage Lines and Appurtenances. 1. The Final Development Plan Documents for this Development call for the phasing of the construction of storm drainage improvements. Developer shall complete these improvements sequentially in accordance with said Final Development Plan Documents starting with Phase 1 and ending with Phase 8. The sequential completion of these improvements shall necessitate that the required overall site drainage certification be done in phases in accordance with the following requirements: a) All on -site and off -site storm drainage improvements associated with Phase 1 of this Development, as shown on the Final Development Plan Documents, shall be completed by the Developer in accordance with said Final Development Plan Documents prior to the issuance of more than twenty-two (22) building permits in Phase 1. Phase 1 construction shall include the detention pond construction as well as all structures and appurtenances associated with this pond. Following any overlot grading of the site, all areas disturbed by such grading shall be temporarily seeded and mulched. b) All on -site and off -site storm drainage improvements associated with Phase 2 of this Development, as shown on the Final Development Plan Documents, shall be completed by Developer in accordance with said Final Development Plan Documents prior to the issuance of more than nineteen (19) single family building permits in Phase 2 of the Development. c) All on -site and off -site storm drainage improvements associated with Phase 3 of this Development, as shown on the Final Development Plan Documents, shall be completed by Developer in accordance with said Final Development Plan Documents prior to the issuance of more than twenty-seven (27) building permits in Phase 3 of the Development. d) All on -site and off -site storm drainage improvements associated with Phase 4 of this Development, as shown on the Final Development Plan Documents, shall be completed by Developer in accordance with said Final Development Plan Documents prior to the issuance of more than thirty (30) building permits in Phase 4 of the Development. e) All on -site and off -site storm drainage improvements associated with Phase 5 of this Development, as shown on the Final Development Plan Documents, shall be completed by Developer in accordance with said Final Development Plan Documents prior to the issuance of more than sixteen (16) building permits in Phase 5 of the Development. f) All on -site and off -site storm drainage improvements associated with Phase 6 of this Development, as shown on the Final Development Plan Documents, shall be completed by Developer in accordance with said Final Development Plan Documents prior to the issuance of more than twenty (20) building permits in Phase 6 of the Development. g) No building permits shall be issued in the multi -family site shown on the Final Development Plan Documents as Phase 7 prior to the completion of all drainage improvements associated with this phase of development. h) No building permits shall be issued in the neighborhood center shown on the Final Development Plan Documents as Phase 8 prior to the completion of all drainage improvements associated with this phase of development. i) In all cases, completion of improvements shall include the certification by a professional engineer licensed in Colorado that the drainage facilities which serve any particular phase of Development have been constructed in conformance with said Final Development Plan Documents. Said certification shall be submitted to the City at least two (2) weeks prior to the date of issuance of additional building permits in each phase. 6 j) In all areas associated with this Development that are to be landscaped or planted in accordance with the Final Development Plan Documents, and do not require a building permit (including open space, common areas or other tracts which will not be developed as lots — "Open Space Areas"), the soils shall be loosened and amended by the Developer in accordance with Section 3.8.21 of the Land Use Code. With respect to individual developed lots for which a building permit will be required, such soil amendment shall be accomplished in accordance with Section 3.8.21 of the Land Use Code. The soil amendment for any Open Space Areas within Phase 1 of the Development shall be completed by the Developer prior to the issuance of more than 22 building permits in Phase 1 of the Development. Phase 1 soil amendment shall without limiting the foregoing, also include the amendment of the soils within the detention pond area associated with this Development as shown on the approved Final Development Plan Documents for this Development. The soil amendment of the Open Space Areas that are a part of Phase 2 of the development shall be completed by the Developer prior to the issuance of more than 19 building permits in Phase 2 of this Development. The soil amendment of the Open Space Areas that are a part of Phase 3 of the development shall be completed by the Developer prior to the issuance of more than 27 building permits in Phase 3 of this Development. The soil amendment of the Open Space Areas that are a part of Phase 4 of the development shall be completed by the Developer prior to the issuance of more than 30 building permits in Phase 4 of this Development. The soil amendment of the Open Space Areas that are a part of Phase 5 of the development shall be completed by the Developer prior to the issuance of more than 16 building permits in Phase 5 of this Development. The soil amendment of the Open Space Areas that are a part of Phase 6 of the development shall be completed by the Developer prior to the issuance of more than 20 building permits in Phase 6 of this Development. The soil amendment of the Open Space Areas that are a part of Phase 7 of the development shall be completed by the Developer prior to the issuance of any certificate of occupancy in Phase 7 of this Development. The soil amendment of any Open Space Areas that are located within Phase 8 of the Development shall be completed prior to issuance of any certificate of occupancy in Phase 8 of the Development. In all cases, completion of soil amendments shall include certification by the Developer that the work has been completed. This certification shall be submitted to the City at least two (2) weeks prior to the date of issuance of additional building permits or any certificates of occupancy as required above in any applicable phase of this Development. Notwithstanding the foregoing, Developer may proceed with development of Phase 7 and/or 8 prior to completion of any or all other phases, provided only that all drainage improvements associated with Phases 7 or 8, as applicable, are completed, and building permits, may be issued with respect to Phases 7 or 8 prior to completion of the drainage improvements associated with any or all of Phases 1 through 6. Furthermore, drainage improvements associated with any or all of Phases 1 through 6 may be completed in a modified sequence, subject to approval by the City, which approval shall not be unreasonably withheld, delayed or conditioned, provided only that Developer shall have completed all on -site and off -site storm drainage improvements associated with the phase in question prior to the issuance of the number of building permits for that phase as specified above. 2. Developer shall be responsible for maintaining the structural integrity and operational functions of each phase of the drainage facilities constructed throughout the build -out of this Development. If at any time following certification (as required pursuant to paragraph 1, above) of any phase of such drainage facilities and during the construction of structures and/or lots within this Development the City reasonably decides that said drainage facilities no longer comply with the Final Development Plan Documents, the City shall give written notice to Developer of all items which do not comply with the Final Development Plan Documents. Unless Developer successfully appeals the decision of non-compliance, it shall bring such facilities back up to the standards and specifications as shown on the Final Development Plan Documents. Failure to maintain the structural integrity and operational function of said drainage facilities for the appropriate phase of the Development following certification shall result in the withholding of the issuance of additional building permits and/ or certificates of occupancy for that phase until such drainage facilities are repaired to the operational function and structural integrity which was approved by the City. Notwithstanding the foregoing, in the event that any defects in such drainage facilities affect only specific identifiable lots, only those lots will be subject to the withholding of additional building permits and/or certificates of occupancy. 3. Developer agrees to provide and maintain erosion control improvements for each phase of the Development as shown on the Final Development Plan Documents to stabilize all over -lot grading in and adjacent to such phase of the Development. Developer shall also be required to post a security deposit in the amount of $24,188.00 prior to beginning construction of Phase 1 of the Development to guarantee the proper installation and maintenance of the erosion control measures shown on the Final Development Plan Documents. Similarly, Developer shall be required to post a security deposit in the amount of $2,250.00 prior to beginning construction of Phase 2, $5,400.00 for Phase 3, $4,050.00 for Phase 4, $4,200.00 for Phase 5, $30,300.00 for Phase 6, $31,200.00 for Phase 7, and $1,200.00 for Phase 8. 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). Said deposits may be in the form of cash, bond, certificate of deposit or a bank letter of credit. If, at any time, Developer fails to abide by the erosion control provisions of the Final Development Plan Documents or the erosion control provisions of the Criteria after receiving notice of the same or an emergency situation exists which would reasonably require immediate mitigation measures, then, in either event, and notwithstanding any provisions contained in paragraph III.J. to the contrary, 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 Developer installs and maintains the erosion control measures throughout the build -out of this Development. 4. It is important that all lots be graded to drain in the configuration shown on the Final Development Plan Documents. For this reason the following additional requirements shall be followed for all buildings/structures on all lots: Prior to the issuance of a certificate of occupancy for any lot or building, Developer shall provide the City with certification that the lot and or the building has been graded correctly. This grading certification shall demonstrate that the lot or building finish floor elevation has been built in accordance with the elevation specified on the Final Development Plan Documents. The certification shall also show that the minimum floor elevation or minimum opening elevation for any building constructed is in compliance with the minimum elevation as required on the Final Development Plan Documents. The certification shall demonstrate as well that any minor swales adjacent to the building or on the lot have been graded correctly and in accordance with the grades shown on the Final Development Plan Documents. The certification shall also show that the elevations of all corners of the lot are in accordance with the elevations shown on the Final Development Plan Documents. Said certification shall be completed by a Colorado licensed professional engineer and shall be submitted to the City at least two (2) weeks prior to the date of issuance of the desired certificate of occupancy. 5. Developer shall obtain the City's prior approval of any changes from the 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 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 reasonably deemed such changes as being acceptable for the safe and efficient delivery of storm drainage water. 6. Developer shall limit the construction of the off -site storm drainage improvement lines to the limits of construction as shown on the Final Development Plan Documents. The contractor shall re -seed and restore all areas that are disturbed during construction of the off -site storm drainage improvements in accordance with the Final Development Plan Documents promptly following construction.