HomeMy WebLinkAboutSTONER - Filed DA-DEVELOPMENT AGREEMENT - 2013-09-20RECEPTION#: 20130070034, 09/11/2013 at
02:56:57 PM,1 OF 18, R $96.00 TD Pgs: 0
Angela Myers, Clerk & Recorder, Larimer
County, CO
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement"), is made and entered
into this (P-"'_ day of tYh PX" 2013, by and between the CITY OF FORT
COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City';
and Jamestown Builders ll, LLC, a Colorado limited liability company, hereinafter
referred to as the "Developer."
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated in the
County of Larimer, State of Colorado (hereafter sometimes referred to as the "Property"
or "Development") and legally described as follows, to wit:
Stoner Subdivision, located in Section 11, Township 7 North, Range 69 West of
the 6th P.M., City of Fort Collins,. County of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop the Property and has submitted to
the City 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
Property and not to the City of Fort Collins as a whole; and
WHEREAS, the City has approved the Final Development Plan Documents
submitted by the Developer, subject to certain requirements and conditions, which
involve the installation of and construction of utilities and other municipal improvements
in connection with the development of the Property.
/ City Clerk's Office, Fort Collins, Colorado
the repair guarantee shall be as provided in Section 3.3.2(C) of the Land Use Code.
Notwithstanding the provisions of paragraphs 111 (H) and (1) of this Agreement to the
contrary, the obligations of the Developer pursuant to this paragraph and Exhibit "B"
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.
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites
within the public right-of-way and/or other areas as deemed necessary by the
City Engineer and Traffic Engineer in accordance with the City's "Work Area
Traffic Control Handbook" and shall not remove said safety devices until the
construction has been completed.
B. As required pursuant to Chapter 20, Article IV of the City Code, the
Developer shall, at all times, keep the public right-of-way free from accumulation
of waste material, rubbish, or building materials caused by the Developer's
operation, or the activities of individual builders and/or subcontractors; shall
remove such rubbish as often as necessary, but no less than daily and; at the
completion of the work, shall remove all such waste materials, rubbish, tools,
construction equipment, machinery, and surplus materials from the public right-
of-way. The Developer further agrees to maintain the finished street surfaces so
that they are free from dirt caused by the Developer's operation or as a result of
building activity. Any excessive accumulation of dirt and/or construction materials
shall be considered sufficient cause for the City to withhold building permits and/
or certificates of occupancy until the problem is corrected to the satisfaction of
the City Engineer. If the Developer fails to adequately clean such streets within
two (2) days after receipt of written notice, the City may have the streets cleaned
at the Developer's expense and the Developer shall be responsible for prompt
payment of all such costs. The Developer also agrees to require all contractors
within the Development to keep the public right-of-way clean and free from
accumulation of dirt, rubbish, and building materials.
C. The Developer hereby agrees that it will require its contractors and
subcontractors to cooperate with the City's construction inspectors by ceasing
operations when winds are of sufficient velocity to create blowing dust which, in
the inspector's opinion, is hazardous to the public health and welfare.
D. The Developer shall, pursuant to the terms of this Agreement, complete all
improvements and perform all other obligations required herein, as such
improvements or obligations may be shown on the Final Development Plan
Documents, or any documents executed in the future that are required by the
City for the approval of an amendment to a development plan, and the City may
to
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 Agreement. The processing and "routing for
approval" of the various development plan documents may result in certain of
said documents carrying dates of approval and/or execution that are later than
the date of execution of this Agreement. The 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 or the Land Use Code and the Developer agrees
to comply with all requirements of the same.
F. In the event the City waives any breach of this Agreement, no such waiver
shall be held or construed to be a waiver of any subsequent breach hereof.
G. 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, including any subsequent
replatting of all, or a portion of the Property. This Agreement shall also be
binding upon and inure to the benefit of the parties hereto, their respective
personal representatives, heirs, successors, grantees and assigns. It is agreed
that all improvements required pursuant to this Agreement touch and concern the
Property regardless of whether such improvements are located on the Property.
Assignment of interest within the meaning of this paragraph shall specifically
include, but not be limited to, a conveyance or assignment of any portion of the
Developer's legal or equitable interest in the Property, as well as any assignment
of the Developer's rights to develop the Property under the terms and conditions
of this Agreement.
I. In the event the Developer transfers title to the Property and is thereby
divested of all equitable and legal interest in the Property, the 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 ten
(10) days within which to cure said default. In the event the default remains
uncorrected, the party declaring default may elect to: (a) terminate the
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Agreement and seek damages; (b) treat the Agreement as continuing and require
specific performance or; (c) avail itself of any other remedy at law or equity.
K. In the event of the default of any of the provisions hereof by either party
which shall require the party not in default to commence legal or equitable action
against said defaulting party, the defaulting party shall be liable to the non -
defaulting party for the non -defaulting party's reasonable attorney's fees and
costs incurred by reason of the default. Nothing herein shall be construed to
prevent or interfere with the City's rights and remedies specified in Paragraph
III.D of this Agreement.
L. Except as may be otherwise expressly provided herein, this Agreement
shall not be construed as or deemed to be an agreement for the benefit of any
third party or parties, and no third party or parties shall have any right of action
hereunder for any cause whatsoever.
M. It is expressly understood and agreed by and between the parties hereto
that this Agreement shall be governed by and its terms construed under the laws
of the State of Colorado and the City of Fort Collins, Colorado.
N. Any notice or other communication given by any party hereto to any other
party relating to this Agreement shall be hand -delivered or sent by certified mail,
return receipt requested, addressed to such other party at their respective
addresses as set forth below; and such notice or other communication shall be
deemed given when so hand -delivered or three (3) days after so mailed:
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to the Developer: Jamestown Builders II, LLC
Aaron Everitt, Manager
3003 Harmony Suite 400
Fort Collins, CO 80528
With a copy to:
Lucia A. Liley
Liley Rogers & Martell, LLC
300 S. Howes
Fort Collins, CO 80521
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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.
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ATTEST ;`o�;••...,r••'
APPROVED•CONTENT-
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: ��- N
City Manager
13
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
DEVELOPER:
Jamestown Builders II, LLC, a Colorado
Limited Liability Company
By:
Aaron Everitt, Manager
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C The foregoing instrument was acknowledged before me this day of
, 2013, by Aaron Everitt as Manager of Jamestown Builders II, LLC, a Ca
Li Red Liability Company
My Commission Expires: //3
15
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PU8LIC.:,
1. 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 the 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, the 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 sequence.
Not Applicable.
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MAINTENANCE GUARANTEE:
The 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
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, bike paths,
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.
The 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. The 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 the 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 the 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 the Developer.
REPAIR GUARANTEE:
The 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 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 Developer 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.
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Further, the Developer agrees that the City shall not be liable to the 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 the
Developer.
The obligations of the 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.
i$
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it is agreed as follows:
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement,
"development activities" shall include, but not be limited to, the following: (1) the
actual construction of improvements, (2) obtaining a permit therefor, or (3) any
change in grade, contour or appearance of the Property caused by, or on behalf
of, the Developer with the intent to construct improvements thereon.
B. All water lines, sanitary sewer collection lines, storm sewer lines and
facilities, streets, curbs, gutters, sidewalks, and bikepaths shall be installed as
shown on the 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. In the event that the 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, the Developer shall resubmit the
utility plans to the City Engineer for reexamination. The City may then require the
Developer to comply with the approved standards and specifications of the City
on file in the office of the City Engineer at the time of the resubmittal.
C. No building permit for the construction of any structure within the Property
shall be issued by the City until the Developer has applied for and obtained a
Development Construction Permit for said lot(s). No certificate of occupancy for
any structure within the Property shall be issued by the City until the public water
lines and stubs, fire hydrants, electrical lines, sanitary sewer lines and stubs, and
public streets (including curb, gutter, and pavement with at least the base course
completed) serving such structure have been completed and accepted by the
City as described in paragraphs II.D.1 and II.D.2. 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
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shall be installed by the Developer within the time as established under "Special
Conditions" in this Agreement.
E. Except as otherwise herein specifically agreed, the Developer agrees to
install and pay for all water, sanitary sewer, and storm drainage facilities and
appurtenances, and all streets, curbs, gutters, sidewalks, bikeways and other
public improvements required by this Development as shown on the 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. The Developer agrees to correct
any deficiencies in such installations in order to meet the requirements of the
plans and/or specifications applicable to such installation. In case of conflict, the
Final Development Plan Documents shall supersede the standard specifications,
except that if the conflicts are a result of Federal or State mandated
requirements, then the Federal or State mandated requirements shall prevail.
H. All storm drainage facilities shall be designed and constructed by the
Developer so as to protect downstream and adjacent properties against injury
and to adequately serve the Property (and other lands as may be required, if
any). The Developer shall meet or exceed the minimum requirements for storm
drainage facilities as have been established by the City in its Drainage Master
Plans and Design Criteria. The Developer, 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 the Developer);
and (3) specific written or otherwise documented directives that may be given to
the Developer by the City. The City agrees to give notice to the Developer of any
claim made against it to which this indemnity and hold harmless agreement by
the Developer could apply, and the Developer shall have the right to defend any
lawsuit based on such claim and to settle any such claim provided Developer
must obtain a complete discharge of all City liability through such settlement.
Failure of the City to give notice of any such claim to the Developer within ninety
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(90) days after the City first receives a notice of such claim under the Colorado
Governmental Immunity Act for the same, shall cause this indemnity and hold
harmless agreement by the Developer to not apply to such claim and such failure
shall constitute a release of this indemnity and hold harmless agreement as to
such claim. Approval of and acceptance by the City of any storm drainage facility
design or construction shall in no manner be deemed to constitute a waiver or
relinquishment by the City of the aforesaid indemnification. The Developer shall
engage a Colorado licensed professional engineer to design the storm drainage
facilities as aforesaid and it is expressly affirmed hereby that such engagement
shall be intended for the benefit of the City, and subsequent purchasers of
property in the Development.
I. The developer shall pay the applicable "stormwater plant investment fee"
in accordance with Chapter 26, Article VII of the City Code. This fee is included
with building permit fees and shall be paid prior to the issuance of each building
permit.
J.
K. The Developer shall provide the City Engineer with certified Record Plan
Transparencies on Black Image Diazo Reverse Mylars upon completion of each
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.
L. The Developer specifically represents that to its knowledge all property
dedicated (both in fee simple and as easements) to the City associated with this
Development (whether on or off -site) is 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 property as
is dedicated to the City pursuant to this Development, is in compliance with all
such requirements pertaining to the disposal or existence in or on such dedicated
property of any hazardous substances, pollutants or contaminants, as defined by
the Comprehensive Environmental Response Compensation and Liability Act of
1980, as amended, and regulations promulgated thereunder. The Developer, 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 the
Developer. Said indemnification shall not extend to claims, actions or other
liability arising as a result of any hazardous substance, pollutant or contaminant
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generated or deposited by the City, its agents or representatives, upon the
property dedicated to the City in connection with this Development. The City
agrees to give notice to the Developer of any claim made against it to which this
indemnity and hold harmless agreement by the Developer could apply, and the
Developer shall have the right to defend any lawsuit based on such claim and to
settle any such claim provided the Developer must obtain a complete discharge
of all City liability through such settlement. Failure of the City to give notice of
any such claim to the Developer within ninety (90) days after the City first
receives a notice of such claim under the Colorado Governmental Immunity Act
for the same, shall cause this indemnity and hold harmless agreement by the
Developer to not apply to such claim and such failure shall constitute a release of
this indemnity and hold harmless agreement as to such claim.
M. The 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 the Developer's activities hereunder,
expressly retains (and does not by this 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 the Developer as an easement recipient.
N. If the Developer or Contractor or any agent or representative thereof
causes damage to any public infrastructure (including without limitation, any
surface pavers, flagstones, or other stone or concrete surfaces, planters, street
and decorative lights, or canopies) such damage shall be promptly repaired with
the same kind, quality, color, serviceability and material composition aspects as
was possessed by the infrastructure damaged, unless otherwise expressly
agreed to by the City in writing. Paver repair and replacement in Downtown
alleys shall comply with the City's specific requirements for pavers.
A. Water Lines
Not applicable.
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer agrees to provide and maintain erosion control
improvements as shown on the Final Development Plan Documents to stabilize all over-
lot grading in and adjacent to this Development. The Developer shall also be required
to post a security deposit in the amount of $1,500.00 prior to beginning construction to
guarantee the proper installation and maintenance of the erosion control measures
shown on the Final Development Plan Documents. Said security deposit(s) shall be
made in accordance with the criteria set forth in the City's Storm Drainage Design
Criteria and Construction Standards (Criteria). If, at any time, the Developer fails to
abide by the 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 the Developer installs and maintains the erosion control measures throughout the
build -out of this Development.
2. 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
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 the 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
weeks prior to the date of issuance of the desired certificate of occupancy.
3. This property is located in the City -regulatory 100-year Old Town
high risk and moderate risk flood fringe. All activities in this Development are subject to
the requirements of Chapter 10 of the Code of the City.
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4. Lots 1 & 2 are located within the 100-year floodplain boundaries
that will be used by the City to regulate this Development. These lots shall comply with
all applicable sections Chapter 10 of the City Code. The improvements associated with
this Development shall be built in accordance with the Grading and Drainage Plan as
shown on the Site Plan (Sheet S1) of the Final Development Plan Documents for this
Development.
5. Prior to commencing any construction within the Old Town
Floodway, as delineated in the Final Development Plan Documents, the Developer shall
obtain an approved Floodplain Use Permit and No -Rise Certification. The No -Rise
Certification shall be recertified after construction within the floodway is complete. The
area within the floodway limits cannot be used during construction for equipment or
material storage.
6. The Developer shall obtain an approved Floodplain Use Permit
from the City prior to commencing any construction activity within the Old Town
Floodplain Limits as delineated on the Final Development Plan Documents for this
Development.
7. If in the future, any structure is constructed in the 100-year high risk
flood fringe, it will be subject to the requirements of Chapter 10 the of City Code. A
basement is expressly prohibited in any residential structure built in the high risk flood
fringe. A FEMA Elevation Certificate shall be provided and approved by the City
Floodplain Administrator prior to issuance of a Certificate of Occupancy for any structure
built in the 100-year high risk flood fringe.
8. Failure to comply with all floodplain requirements in this
Development Agreement shall result in the stoppage of work on the site, withholding of
building permits and/or certificates of occupancy in this Development and all other
applicable City floodplain and floodway regulations.
D. Streets.
1. The Developer agrees to construct and obtain initial acceptance
only on those public improvements abutting lot 1 prior to the issuance of
certificate of occupancy for any building on lot 1.
2. The Developer agrees to construct and obtain initial acceptance on
all public improvements abutting both lots 1 and 2 prior to the issuance of
certificate of occupancy for any building on lot 2.
3. Notwithstanding any provision herein to the contrary, the 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 the
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.
4.Following completion of all public infrastructure improvements, the
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.Natural Resources
1. Not applicable.
F.Soil Amendment
1. 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, the soils shall be loosened and
amended by the Developer in accordance with Section 3.8.21 of the Land Use
Code prior to the issuance of any certificate of occupancy in this Development.
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 any certificate of occupancy in
this Development.
G.Ground Water, Subdrains and Water Rights
1.The City shall not be responsible for, and the 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 the
City's 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. seq.) 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 the Developer or
the 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
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standards. The City shall not be responsible for, and the 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, the
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 the Developer of any claim made
against it to which the foregoing indemnities and hold harmless agreements by
the Developer could apply, and the Developer shall have the right to defend any
lawsuit based on such claim and to settle any such claim provided the Developer
must obtain a complete discharge of all City liability through such settlement.
Failure of the City to give notice of any such claim to the Developer within ninety
(90) days after the City first receives notice of such claim under the Colorado
Governmental Immunity Act for the same, shall cause the forgoing indemnities
and hold harmless agreements by the Developer to not apply to such claim and
such failure shall constitute a release of the foregoing indemnities and hold
harmless agreements as to such claim.
H.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.
Development Construction Permit
1.The Developer shall apply for and obtain a Development Construction
Permit for this Development, in accordance with Division 2.6 of the Land Use Code,
prior to the Developer commencing construction. The 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.
J. Maintenance and Repair Guarantees
1.The 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. More specific elements of
these guarantees are noted in Exhibit "B." Security for the maintenance guarantee and