Loading...
HomeMy WebLinkAboutGERRARD ROADWAY DEDICATION - 29-02 - CORRESPONDENCE - LEGAL DOCUMENTS (3)P MAY-07-2003 12:42 9704938598 P.17 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. TOTAL P.17 MAY-07-2003 12:42 97e4938598 P.16 'XI T "C" MAINTENANCE GUARANTEE: The Developer hereby warrants and guarantees to the City, 116r 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 ditchcs and landscaping. Any maintenance and/or repair required on utilities shall be coordinated with the owning utility company or city department. Any street repairs or patches will match the existing road base and asphalt sections_ The Developer shall 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 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 Owner furthermore commits to make necessary repairs to said public improvements, to include, without limitation, the roads, streets, fills, embankments, ditches, cross plans, 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, 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 15 MAY-07-2003 12:41 9704938598 P.15 VISIT "B" • All documents required by the City to complete the Development Application. • Developer shall be allowed to use existing the FCLWD water tap which has had continuous use from its installation, City Electric service, and existing septic system, provided any repairs or alterations are made in accordance with Larimer County Health Department regulations. • Design of necessary Storm Drainage improvements. • List of Storm Drainage Fees. 14 MAY-07-2003 12:41 9704938598 P.14 EXMff "A" Schedule of electrical service installation. Electrical lines need to be installed prior to. the installation of any sidewalk, curb returns, handicap ramps, paving and landscaping that Developer may elect to construct or install. 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 lines, 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. 13 MAY-07-2003 12:41 9704938598 P.13 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. ATTEST: City Clerk APPROVED AS TO CONTENT: City Engineer APPROVED AS TO FORM: Deputy City Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: City Manager DEVELOPER: Underdog, LLC, a Colorado limited liability company By: Gary Gerrard, Managing Member 12 MAY-07-2003 12:40 9704938598 P.12 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 90522 With a copy to: City Attorney's Office City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 If to the Developer: Underdog, LLC C/o Gary Gerrard 1739 South County Road 13C Loveland, CO 80537 With a copy to: Douglas D. Konkel, Esq, 1405 S. College Avenue, Suite Fort Collins, CO 80524 Notwithstanding the foregoing, irony 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, MAY-07-2003 12:40 9704938598 P.11 E. Nothing herein contained shall be construed as a waiver of any requirements of the City Code, Land Use Code, or. Transitional Land Use Regulations (as applicable) and the Developer agrees to comply with all requirements of the same. F. In the event the City waives any breach of this Agreement, no such waiver shall be held or construed to be a waiver of any subsequent breach hereof G. All financial obligations of the City arising under this Agreement that are payable after the current fiscal year arc 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 rtrn with the Property and shall be binding upon and inure to the benefit of the parties hereto, their respective personal representatives, heirs, successors, grantees and assigns. it is agreed that all improvements required pursuant to this Agreement touch and concern the Property regardless of whether such improvements are located on the Property, Assignment of interest within the meaning of this paragraph shall specifically include, but not be limited to, a conveyance or assignment of any portion of the Developer's legal or equitable interest in the Property, as well as any assignment of the Developer's rights to develop the Property under the terms and conditions of this Agreement. 1. In the event the Developer transfers title to the Property and is hereby 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 patty 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 parry 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 parry 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. 10 MAY-07-2003 12:39 9704938598 P.10 Ill. Miscellaneous A. The Developer agrees to provide and install, at its expense, adequate barricades, warning signs and similar safety devices at all construction sites within the public right-of-way and/or other areas as deemed necessary by the City Engineer and Traffic Engineer in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been completed. B. As required pursuant to Chapter 20, Article IV of the City Code, the Developer shall, at all times, keep the public right-of-way free from accumulation of waste material, rubbish, or building materials caused by the Developer's operation, or the activities of individual builders and/or subcontractors; shall remove such rubbish as often as necessary, but no less than daily and; at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way. The Developer further agrees to maintain the finished street surfaces so that they arc 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 rrquircd 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 carrying 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. The Developer hereby waives any right to object to any such discrepancy in dates. E MAY-07-2003 12:38 9704938598 P.09 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. 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 (or Section 29-12 of the Transitional Land Use Regulations, if applicable), prior to the Developer commencing any construction after the date of this Agreement. 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. G. 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 "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 the Developer pursuant to this paragraph and Fxhibit "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_ MAY-07-2003 12:38 9704938598 P.08 other access shall be allowed on this roadway without first having obtained a "Permit for Drive Approach in Public Right-of-way" from the City Engineer. 4. Notwithstanding any provision herein to the contrary, the Developer shall be responsible for all costs for the initial installation and maintenance of said temporary road. 5. The City and Developer shall have no obligation to maintain the current alignment of the roadway as shown on the Final Development Plan Documents should this property be redeveloped in the future. 6. Notwithstanding any provision herein to the contrary, the Developer shalt 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 intemal street operations and the signing and striping of any adjacent or adjoining local, collector or arterial streets that are made necessary as a result of the Development. 7. Following completion of all public infrastructure improvements, the Developer shall continue to have responsibility for maintenance and repair of said improvements. E. 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 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_ scq.) 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 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 MAY-07-2003 12:37 9704938596 P.07 4. The grading plan that was prepared for this Development does not address the detailed grading design for any development on this property other then the construction of the roadway and one single [family dwelling unit and detached garage. Any other construction shall require additional storm drainage study as determined by the City. D. Streets 1. No street oversizing reimbursement from the City is due the Developer for this Development. No traffic study shall be required for this Development. 2. Because the improvements are temporary and this agreement is being executed in order to mitigate damages caused by construction of the Timberline and Harmony improvements, any required reimbursement for this construction will be paid when the property is redeveloped or replatted. 3. The City agrees that a temporary roadway will be built within this Development to serve as access to the property to the west, described as: A strip of land 225 feet wide situate in the SEI/4 SEI/4 of Section 31, Township 7 North, Range 68 West of the Sixth Principal Meridian in Larimer County, Colorado, said strip of land lying between lines parallel and/or concentric with and 50.0 and 300.0 distant easterly, measured at right angles and/or radially, from the centerline of the main track of the Fort Collins Branch of the Union Pacific Railroad Company, as now constructed and operated, and extending southerly from the North line of said SE1/4 SE1/4 of Section 31 to the northerly right of way line Colorado Highway No. 68. AND A strip of land 225 feet wide situate in the SETA SEI/4 of Section 31, Township 7 North, Range 68 West, and in the NEl/4 NE1/4 of Section 6, Township 6 North, Range 68 West, of the Sixth Principal Meridian in Larimer County, Colorado, said strip of land lying between lines parallel and/or concentric with and 50.0 and 300.0 distant easterly, measured at right angles and/or radially, from the centerline of the main track of the Fort Collins Branch of the Union Pacific Railroad Company, as now constructed and operated, and extending southerly from the northerly right of way line of Colorado Highway No_ 68 to the southerly right of way line of Colorado Highway No. 68. County of Larimer, State of Colorado, and to serve a single family dwelling unit. Said roadway, at this time, need not be constructed in accordance with the Larimer County Urban Street Standards_ Said roadway shall be accessible by the Poudre Fire Authority, ("the Authority"). In addition, the roadway may be gated by the Developer at its terminus to the west, provided that such gateway shall be approved by the Authority. Said roadway is intended to only serve the single family dwelling unit and to provide access to the property to the west. No MAY-07-2003 12;37 9704938598 P.06 shall be installed and inspected in accordance with the Water District's regulations and/or City and the approved plans therefor. 2. The City may provide water to the fire hydrant on Timberline Road after the City has obtained an easement from the Developer at no cost to the Developer_ Developer will cooperate with the City in finding and raising valve boxes for said fire hydrant. B. Sewer Lines I . Notwithstanding anything in this Development Agreement to the contrary, the Developer shall have an option to obtain sewer service for one single family residence within the Development, in accordance with the applicable State, County and City requirements for said sanitary service. All sewer line improvements shall be installed and inspected in accordance with the applicable South Fort Collins Sanitation District, State and City regulations and the approved plans therefor. Developer shall have the option of using the existing septic system, provided it meets with the Latimer County Health Department's standards. Developer shall also have the option to make repairs to the septic system if necessary. C. Storm Drainage Lines and Appurtenances 1. Any on -site and off site storm drainage improvements associated with this Development, as shown on the Final Development Plan Documents, shall be completed by the Developer in accordance with said documents prior to the issuance of any building permit in this Development. The Development does not generate stotmwater impacts sufficient to require any off -site stotmwater improvements to Timberline Road or elsewhere off of the site. Completion of improvements shall include the certification by a professional engineer licensed in Colorado that the drainage facilities which serve the Development have been constructed in conformance with said Final Development Plan Documents. This certification shall be submitted to the City at least two weeks prior to the date of issuance of any building permit. 2. The City agrees that no storm drainage fees will be assessed for the Development until such time as a building permit for the single family dwelling unit has been applied for by the Developer. 3. The Developer shall obtain the City's prior approval of any changes from the approved Final Development Plan Documents in grade elevations and/or storm drainage facility configuration that occur as a result of the construction of houses and/or development of lots, whether by the Developer or other parties. The City reserves the right to withhold the issuance of building permits and certificates of occupancy for this Development until the City has approved such changes as being acceptable for the safe and efficient delivery of storm drainage water. I�r_Ya.Yb4:�.�3F�rd 9704938598 P.05 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 for any liability whatsoever that may be imposed upon the City by any govemmental authority or any third patty, 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 af3cr 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 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 the Developer of any claim made against it to which this indemnity and hold harmless agreement by the Developer could apply, and the Developer shall have the right to defend any lawsuit based on such claim and to settle any such claim provided Developer must obtain a complete discharge of all City liability through such settlement. Failure of the City to give notice of any such claim to the Developer within ninety (90) days after the City first receives a notice of such claim under the Colorado Governmental Immunity Act for the same, shall cause this indemnity and hold harmless agreement by the Developer to not apply to such claim and such failure shall constitute a release of this indemnity and hold harmless agreement as to such claim. J. The Developer acknowledges and agrees that the City, as the owner of any adjacent property (the "City Property's 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 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 the Developer as an easement recipient. ll. Special Conditions A. Water Lines/Fire Hydrant l . Notwithstanding anything in this Agreement to the contrary, the Developer shall have the option to obtain water service for one single family residence within this Development, from the Fort Collins -Loveland Water District ("Water District', or from the City of Fort Collins. if the Developer chooses to take service from the Water District, said service to the Property must have existed in the past and such service line must still exist in a functional condition. If said service is not functional, then the Development shall obtain service from the City. All water line improvements 4 MAY-07-2003 12:36 9704938598 P.04 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 or such plans, which details shall be the responsibility of the Developer); and (3) specific written or otherwise documented directives that may be given to the Developer by the City. The City agrees to give notice to the Developer of any claim made against it to which this indemnity and hold harmless agreement by the Developer could apply, and the Developer shall have the right to defend any lawsuit based on such claim and to settle any such claim provided Developer must obtain a complete discharge of all City liability through such settlement. Failure of the City to give notice of any such claim to the Developer within ninety (90) days after the City first receives a notice of such claim under the Colorado Governmental Immunity Act for the same, shall cause this indemnity and hold harmless agreement by the Developer to not apply to such claim and such failure shall constitute a release of this indemnity and hold harmless agreement as to such claim. Approval of and acceptance by the City of any storm drainage facility design or construction shall in no manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid indemnification. The Developer shall engage a Colorado licensed professional engineer to design the storm drainage facilities as aforesaid and it is expressly affirmed hereby that such engagement shall be intended for the benefit of the City, and subsequent purchasers or property in the Development. See, Exhibit B, attached hereto. H. The Developer shall pay storm drainage basin fees in accordance with Chapter 26, Article VII of the City Code. Storm drainage improvements eligible for credit or City repayment under the provisions of Chapter 26 are described together with the estimated cost of the improvements on the attached Exhibit B, which improvements, if applicable, shall include right-of-way, design and construction costs. Sec Section II.C, Special Conditions, Storm Drainage Lines and Appurtenances, for specific instructions. See, Exhibit B, attached hereto. I. The Developer specifically represents that to the best of its knowledge all portions of the Property dedicated (both in fee simple and as easements) to the City associated with this Development are in compliance with all environmental protection and anti -pollution laws, rules, regulations, orders or requirements, including solid waste requirements, as defined by the U.S. Environmental Protection Agency Regulations at 40 C.F.R., Part 261, and that such portions of the Property as are dedicated to the City pursuant to this Development, are in compliance with all such requirements pertaining to the disposal or existence in or on such dedicated property of any hazardous substances, 3 MAY-07-2003 12:35 9704938598 P.e3 1. General Conditions A. The terms of this Agreement shall govern all development activities of the Developer pertaining to the Property. For the purposes of this Agreement, "development activities" shall include, but not be limited to, the following: (1) the actual construction of improvements, (2) obtaining a permit therefor, or (3) any substantial 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 improvements hereunder shall be installed as shown on the as -built drawings on file with the City Engineer. 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 public water lines and stubs to each lot, fire hydrants, electrical lines, septic system and stubs to each lot, 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. 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 streets described on Exhibit "A," attached hereto, shall be installed within the time and/or sequence required on Exhibit "A". 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. 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. G. All storm drainage facilities shall be so designed and constructed by the Developer as to protect downstream and adjacent properties against injury and to 2 MAY-07-2003 12:35 9W4938598 P.02 DEVELOPMENT AGREEMENT THIS AGREEMENT, is made and entered into this day of 2003, by and between the CITY OF FORT COLLINS, COLORAll0, a Municipal Corporation, hereinafter referred to as the "City", and Underdog, 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, (hereinafter sometimes referred to as the "Property" or "Development") and legally described as follows, to wit: A tract of land situated in the Southeast % of Section 31, Township 7 North, Range 68 West of the 6`h P.M., County of Larimer, State of Colorado, Which considering the East line of said Southeast'/, as bearing North 001 12' West and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears North 00'12' West 779.38 feet from the Southeast comer of said Section 31, and run thence North 00' 12' West 156.48 feet; thence West 835.12 feet to a point in the Easterly right-of-way line of the Union Pacific Road; thence South 00113' East 156.48 feet along the right-of-way line; thence East 835.08 feet to the Point of Beginning, less that portion contained in deed recorded May 11, 2000 at Reception No. 2000030742, Also known by street number as: 4409 Timberline.Drive, Fort Collins, Colorado. WHEREAS, the Developer and City desire to develop the Property and the Developer has submitted to the City all plats and plans referenced in the attached Exhibit B; 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 the Developer subject to certain requirements and conditions, which involve the installation of municipal improvements in connection with the Property. NOW, THEREFORE,., in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is agreed as follows: City Attorney City of Fort Collins MEMORANDUM DATE: May 7, 2003 TO: Dave Stringer, Development Review Supervisor Ted Shepard, Chief Planner Peter Barnes, Zoning Supervisor Mike Smith, Utilities General Manager FROM: W. Paul Eckman, Deputy City Attorney RE: Gerrard Development Agreement On February 28, I sent a draft development agreement to Doug Konkel for Gerrard to review. Today I finally received a redrafted development agreement back from Doug Konkel. I have not read it. It appears that it has been completely retyped so we will have to read it carefully to see what changes were made and if we approve of those changes. I welcome your prompt comments. WPE:mas Attachment 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327