HomeMy WebLinkAboutJEFFERSON COMMONS PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-04DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of CZ 199 , by
and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City"; and JEFFERSON COMMONS - FORT COLLINS L.P.,
a Texas Limited Partnership, hereinafter referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated in the
County of Larimer, State of Colorado, (hereafter referred to as the "Property") and legally
described as follows, to wit:
JEFFERSON COMMONS P.U.D., located in the Northeast 114 of Section 16,
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 a subdivision plat and/or a site plan and landscape plan, a copy of which is on file in
the office of the City's Director of Engineering and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City utility plans for the
Property, a copy of which is on file in the office of the Director of Engineering and made
a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of the Property
will require increased municipal services from the City in order to serve such area and will
further require the installation of certain improvements primarily of benefit to the lands to
be developed and not to the City of Fort Collins as a whole; and
WHEREAS, the City has approved the subdivision plat and/or site plan and
landscape plan submitted by the Developer subject to certain requirements and conditions
which involve the installation of and construction of utilities and other municipal
improvements in connection with the Property.
NOW, THE=REFORE, 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:
I. General Conditions
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement, "development
activities" shall include, but not be limited to, the following: (1) the actual construction of
F. In the event the City waives any breach of this Agreement, no such waiver shall
be held or construed to be a waiver of any subsequent breach hereof.
G. Financial obligations of the City of Fort Collins payable after the current fiscal
year and/or not appropriated or budgeted are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available by the Fort Collins City Council.
H. This Agreement shall run with the Property and shall be binding upon and inure
to the benefit of the parties hereto, and their personal representatives, heirs, successors,
grantees and assigns. It is agreed that all improvements required pursuant to this
Agreement touch and concern the Property regardless of whether such improvements are
located on the Property. Assignment of interest within the meaning of this paragraph shall
specifically include, but not be limited to, a conveyance or assignment of any portion of the
Developer's legal or equitable interest in the Property, as well as any assignment of the
Developer's rights to develop the Property under the terms and conditions of this
Agreement.
I. In the event the Developer transfers title to the Property and is thereby divested
of all equitable and legal interest in the Property, the Developer is thereon 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. Except as otherwise set forth herein, 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, or within such period as may be reasonably required
to cure such default if it is of such a nature that it cannot be cured within said thirty (30) day
period, provided that the party in default shall have commenced to effect such a cure within
said thirty (30) day period and shall have proceeded with due diligence to complete said
cure. 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 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.
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L. This Agreement shall not be construed as or deemed to be an agreement for
the benefit of any third party or parties, and no third party or parties shall have any right of
action hereunder for any cause whatsoever.
M. 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 registered or 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: Jefferson Commons- Fort Collins. L.P.
c/o Frank B. Schubert
600 Las Colinas Blvd.. # 1800
Irving Texas 75039
With a copy to: Munsch Hardt Kopf Harr. and Dinan
Attn: Rick Wilhelm
4000 Fountain Place
1445 Ross Avenue
Dallas Texas 75202-2790
Notwithstanding the foregoing, if either party to this Agreement, or their successors,
grantees or assigns, wishes to change the person, entity or address to which notices under
this Agreement are to be sent as provided above, such party shall do so by giving the other
party to this Agreement written notice of such change.
O. 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
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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.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:
City tanager
ATTEST: a
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City Clerk
APPROVED AS TO CONTENT:
Director of Engineering
APPROVED AS TO FORM:
Assistant City Attorney
DEVELOPER:
JEFFERSON COMMONS - FORT COLLINS, L.P.
a Texas Limited Partnership
By: Carmil Capital Corporation, General Partner
t_
C. Christopher Harris, Senior Vice President
ATTEST:
By: (corporate seal)
Frank B. chu ert, Jr., Secretary
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EXHIBIT "A"
Schedule of water lines to be installed out of sequence.
Not Applicable.
Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
3. Schedule of street improvements to be installed out of sequence.
Not Applicable.
4. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
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EXHIBIT "B"
NOT APPLICABLE
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improvements, (2) obtaining a building permit therefor, or (3) any change in grade, contour
or appearance of said property caused by, or on behalf of, the Developer with the intent
to construct improvements thereon.
B. All water lines, sanitary sewer collection lines, storm sewer lines and facilities,
streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on the
approved utility plans and in full compliance with the Council -approved standards and
specifications of the City on file in the office of the Director of Engineering at the time of
approval of the utility plans relating to the specific utility, subject to a three (3) year time
limitation from the date of execution of this Agreement. In the event that the Developer
commences or performs any construction pursuant hereto after three (3) years from the
date of execution of this agreement, the Developer shall resubmit the project utility plans
to the Director of Engineering for reexamination. The City may require the Developer to
comply with approved standards and specifications of the City on file in the office of the
Director of Engineering at the time of resubmittal.
C. No building permit for the construction of any structure within the development
shall be issued by the City until the public water lines, fire hydrants, sanitary sewer lines,
and public streets (including curb, gutter, sidewalk and pavement with at least the base
course completed) serving such structure have been completed and accepted by the City.
Notwithstanding the foregoing, the Developer shall be entitled to receive a footing and
foundation permit Ifor the construction of improvements within the development upon the
installation of adequate water lines, fire hydrants, and emergency access to provide fire
protection and other emergency services to the site. No building permits shall be issued
for any structure located in excess of nine hundred feet (900') from a single point of
access.
D. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets
described on Exhibit 'A," attached hereto, shall be installed within the time and/or
sequence required on Exhibit "A." If the Director of Engineering has determined that any
water lines, sanitary sewer lines, storm drainage facilities and/or streets are required to
provide service or access to other areas of the City, those facilities shall be shown on the
utility plans and shall be installed by the Developer within the time as established under
"Special Conditions" in this document.
E. Except as otherwise herein specifically agreed, the Developer agrees to install
and pay for all water, sanitary sewer, and storm drainage facilities and appurtenances, and
all streets, curbs, gutters, sidewalks, bikeways and other public improvements
required by this development as shown on the approved plat, site, landscape and utility
plans, and other approved documents pertaining to this development on file with the City.
F. Public :street improvements (except curbs, gutters and walks) shall not be
installed until all utility lines to be placed therein have been completely installed, including
all individual lot service lines leading in and from the main to the property line.
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G. The installation of all utilities shown on the utility plans shall be inspected by the
Engineering Department of the City and shall be subject to such department's approval.
The Developer agrees to correct any deficiencies in such installations in order to meet the
requirements of the: plans and/or specifications applicable to such installation. In case of
conflict, the utility plans shall supersede the standard specifications.
H. All storm drainage facilities shall be so designed and constructed by the
Developer as to (protect downstream and adjacent properties against injury and to
adequately serve the Property (and other lands as may be required, if any). The Developer
shall meet or exceed the minimum requirements for storm drainage facilities as have been
established by the City in its Drainage Master Plans and Design Criteria. The Developer
does hereby indemnify and hold harmless the City from any and all claims that might arise,
directly or indirectly, as a result of the discharge of injurious storm drainage or seepage
waters from the Property in a manner or quantity different from that which was historically
discharged and caused by the design or construction of the storm drainage facilities,
except for (1) such claims and damages as are caused by the acts or omissions of the City
in maintenance of such facilities as have been accepted by the City for maintenance; (2)
errors, if any, in the City's master plans or changes thereto; and (3) specific directives that
may be given to the Developer by the City. Approval of and acceptance by the City of any
storm drainage facility design or construction shall in no manner be deemed to constitute
a waiver or relinquishment by the City of the aforesaid indemnification. The 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 thirty (30) days
after the City first receives a notice of 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. In addition, the City shall not
settle any such claim without the Developer's consent. Approval of and acceptance by the
City of any storm drainage facility design or construction shall in no manner be deemed to
constitute a waiver or relinquishment by the City of the aforesaid indemnification. The
Developer shall engage a Colorado licensed professional engineer to design the storm
drainage facilities as aforesaid and it is expressly affirmed hereby that such engagement
shall be intended for the benefit of the City, and subsequent purchasers of property in the
development.
I. The Developer shall pay storm drainage basin fees in accordance with Chapter
26, Article VII of the City Code. Storm drainage improvements eligible for credit or City
repayment under the provisions of Chapter 26 are described together with estimated cost
of the improvements on the attached Exhibit "B," which improvements, if applicable, shall
include right-of-way, design and construction costs. See Section II.C, Special Conditions,
Storm Drainage Lines and Appurtenances, for specific instructions.
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J. The Developer shall provide the Director of Engineering with certified Record
Plan Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase
of the construction.
K. The Developer specifically represents that to the best of its knowledge all
portions of the Property dedicated to the City associated with this development are in
compliance with all environmental protection and anti -pollution laws, rules, regulations,
orders or requirements, including solid waste requirements, as defined by the U. S.
Environmental Protection Agency Regulations at 40 C.F.R., Part 261, and that such
portions of the Property as are dedicated to the City pursuant to this development, are in
compliance with alll such requirements pertaining to the disposal or existence in or on such
dedicated property, of any hazardous substances, pollutants or contaminants, as defined
by the Comprehensive Environmental Response Compensation and Liability Act of 1980,
as amended, and regulations promulgated thereunder. The Developer does hereby
indemnify and hold harmless the City from any liability whatsoever that may be imposed
upon the City by any governmental authority, pertaining to the disposal of hazardous
substances, pollutants or contaminants, and cleanup necessitated by leaking underground
storage tanks, excavation and/or backfill of hazardous substances, pollutants or
contaminants, or environmental cleanup responsibilities of any nature whatsoever on, of
or related to any property dedicated to the City in connection with this development. The
Developer further agrees to indemnify and hold harmless the City from any claims or
actions based directly, indirectly or in any manner on any of the aforementioned
environmental risks brought against the City by third parties arising as a result of the
dedication of portions of the Property to the City in connection with this development. Said
indemnification shall not extend to claims, actions or other liability arising as a result of any
hazardous substance, pollutant or contaminant generated or deposited by the City, its
agents or representatives, upon portions of the Property dedicated to the City in connection
with this development. 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 thirty (30) days after the City first receives a notice of 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. In
addition, the City shall not settle any such claims without the Developer's consent.
II. Special Conditions
A. Water Lines
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1. The Developer and the City agree that the cost(s) of repairing and/or
replacing any patios, tennis courts, swimming pool areas, and/or areas of special
pavement surfacing required to be removed in order for the City to install or maintain its
water and sewer facilities on the Property, or all or any portions of the same which are
damaged as a result of the City's standard utility installation and maintenance procedures,
shall be the obligation of the Developer.
B. Sewer Lines
1. The Developer and the City agree that the cost(s) of repairing and/or
replacing any patios, tennis courts, swimming pool areas, and/or areas of special
pavement surfacing required to be removed in order for the City to install or maintain its
water and sewer facilities on the Property, or all or any portions of the same which are
damaged as a result of the City's standard utility installation and maintenance procedures,
shall be the obligation of the Developer.
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and off -site storm
drainage improvements, as shown on the approved utility plans, shall be completed by the
Developer in accordance with said approved plans prior to the issuance of any certificate
of occupancy in the development. Completion of improvements shall include the
certification by a Colorado licensed professional engineer that the drainage facilities which
serve this development have been constructed in conformance with said approved plans.
In addition, prior to the issuance of a certificate of occupancy for each building on the
Property, the Developer shall include certification by a Colorado licensed professional
engineer that the lowest opening elevation to each building is at or above the minimum
opening elevation (finish floor elevation) required on the approved utility plans. Said
certification shall be submitted to the City at least two (2) weeks prior to the date of
issuance for any certificate of occupancy.
2. The Developer agrees to provide and maintain erosion control
improvements as shown on the approved utility plans to stabilize all over -lot grading in and
adjacent to this development. The Developer shall also be required to post a security
deposit in the amount of $15,036.00 prior to beginning construction to guarantee the
proper installation and maintenance of the erosion control measures shown on the
approved Plan. Said security deposit shall be made in accordance with the criteria set
forth in the City's Storm Drainage Design Criteria and Construction Standards (Criteria).
If, at any time, the Developer fails to abide by the provisions of the approved utility plans
or the Criteria, and if the Developer fails to commence to cure such failure within twenty-
four (24) hours after receipt of written notice thereof from the City (provided, however, that
such twenty-four (24) hour notice shall not be required in circumstances where there is an
immediate threat to the public's health, safety, or welfare) the City may enter upon the
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Property for the purpose of making such improvements and undertaking such activities as
may be necessary to ensure that the provisions of said plans and the Criteria are properly
enforced. The City may apply such portion of the security deposit as may be necessary
to pay all costs incurred by the City in undertaking the administration, construction, and/or
installation of the erosion control measures required by said plans and the Criteria.
3. The Developer shall obtain the City's prior approval of any changes from
the approved utility plans in grade elevations and/or storm drainage facility configuration
that occur as a result of the construction of buildings on the Property whether by the
Developer or other parties. The City reserves the right to withhold the issuance of building
permits and certificates of occupancy until the City has approved such changes as being
acceptable for the safe and efficient delivery of storm drainage water.
4. The Developer and the City agree that the Developer is obligated to
maintain all on -site storm drainage facilities not accepted for maintenance by the City and
all off -site storm drainage facilities not accepted for maintenance by the City serving this
development, outside of the public rights -of -way and which lie within easements granted
to the Developer for storm drainage purposes.
5. Hiistorical information shows the existing stormwater outfall for the Skyline
Mobile Home Park which abuts a portion of the development along the north property line
lies within the boundaries of the Property, although the exact location of any such structure
has not been able to be determined during the design of this development. Therefore, the
Developer and the City agree that, during the course of construction activity and site
development, if the existing structure is located, the Developer shall be responsible for the
repair, reconstruction, relocation, and/or redesign of said structure as the City determines
is necessary to ensure that the structure's historical and continued function is not impaired
by development of the Jefferson Commons P.U.D. site.
D. Streets
1. Subject to the conditions of this Agreement, the City agrees to reimburse
the Developer for oversizing public street improvements along West Elizabeth Street for
those portions of said street abutting the Property as shown on the approved utility plans.
Reimbursement shall be for oversizing West Elizabeth Street from residential standards
to arterial standards. The City shall make reimbursement to the Developer for the
aforesaid oversized street improvements in accordance with Section 24-121 of the Code
of the City. The 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 the Developer further understands that to the extent that funds are not
available for such reimbursement, the City may not, in the absence of the Developer's
agreement, require the construction, at the Developer's expense, of any oversized portion
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of streets not reasonably necessary to offset the traffic impacts of the development. The
Developer does hereby agree to construct the aforesaid oversized street improvements
with the understanding that the Developer may not be fully reimbursed by the City for the
cost of such construction. The Developer further agrees to accept payment in accordance
with Section 24-121 (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 the
Developer for street oversizing expenses. It is anticipated by the City that the City's
reimbursement, in accordance with Section 24-121 (d), would not be less than fifty percent
(50%) of the Developer's actual expenses incurred and will be calculated in accordance
with the formula as set forth in Section 24-121(d).
2. It is understood that the street improvements to be constructed as
described in this Section II.D.1. are "City improvements" 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 Fifteen Thousand Dollars ($15,000), the contract for the construction
of the same must be submitted to the City prior to the commencement of the work showing
that the award was given to the lowest responsible bidder. If the cost for such
improvements exceeds fifty thousand dollars ($50,000), the contract for the construction
of the improvements must be insured by a performance bond or other equivalent security.
3. Notwithstanding Paragraphs II.D.1. and II.D.2., since the Developer is
unable at this time to obtain the off -site right-of-way and/or easements necessary to fully
complete the arterial street improvements to West Elizabeth Street along the full frontage
of the Property, said improvements are designed to terminate just short of the east and
west Property boundary, as shown on the approved utility plans, in order to keep all
improvements and construction activity and grading within the dedicated right-of-way for
West Elizabeth Street or on the Property, respectively. Therefore, the street oversizing
reimbursement due the Developer for West Elizabeth Street described in Paragraph II.D.1
of this Agreement, shall include a deduction for the Developer's portion of the street
improvements which are not being constructed at this time for the reasons described
above. Said deduction shall fulfill the Developer's obligation for the local street portion of
the future construction and completion of the arterial street improvements to West
Elizabeth Street along the frontage of the Property.
4. In accordance with Section 29-679 of the City Code, all public street
improvements must be completed prior to the issuance of any certificates of occupancy.
Public street improvements for this development include, the arterial widening of West
Elizabeth Street, the completion of the cul-de-sac for Orchard Place on the east side of the
Property, the completion of the off -site cul-de-sac on Plum Street adjacent to the east side
of the Property, the removal and reconstruction of Plum Street to Ponderosa Drive off -site
and adjacent to the west side of the Property, and the removal and reconstruction of
Orchard Place to Ponderosa Drive off -site and adjacent to the west side of the Property,
as shown on the approved utility plans.
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5. The Developer and the City agree that the Developer is responsible for
all costs for the initial installation of traffic signing and striping for this development related
to the development's local street operations. In addition, the Developer is responsible for
all costs for traffic signing and striping related to directing traffic access to and from the
development (e.g., all signing and striping for a right turn lane into the development site).
E. Pedestrian and Bicycle Path/Construction Fencing
1. The Developer shall take all reasonable and necessary actions to ensure
that the existing pedestrian and bicycle path on the north edge of the Property is kept open
for safe operation and use throughout the buildout of this development and especially
during construction activity which occurs while Moore Elementary School is in session
since said path is a primary pedestrian and bicycle access to the School. Since the
approved utility plans and P.U.D. documents include the requirement that the existing path
be replaced with a ten foot (10') wide concrete path, it shall be the Developer's
responsibility to schedule the removal of the old path and construction of the new path in
such a manner as to provide continuous and safe pedestrian and bicycle access or, if full
temporary closure of the path is necessary during construction, to work with the
neighborhood and the School to determine a time when said removal and new construction
can take place with minimal impact to the School's access.
2. The approved utility plans show all grading to be done within the
boundaries of the Property, within the public rights -of -way adjacent to the Property, and/or
within grading and/or construction easements obtained by the Developer for purposes of
constructing this development. No grading or other construction activity shall take place
on the private property outside the boundaries and limits of said areas. The City and the
Developer agree that it is the Developer's responsibility to take all necessary and
reasonable actions to ensure that said construction activity is contained within said areas
including, but not limited to, installing and maintaining a temporary construction fence along
the common property line between the development and the adjacent properties. Said
fence shall be maintained by the Developer and remain in place throughout the buildout
of this development.
F. 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.
2. Prior to beginning any building construction, the Developer shall provide
and maintain at all times an accessway to said building or buildings. Such accessway shall
be adequate to handle any emergency vehicles or equipment, and the accessway shall be
kept open during all phases of construction. Prior to the City allowing combustible material
on the site (other than forming material for concrete footings, foundations and/or concrete
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walls) such accessway shall be improved to a width of at least 20 feet with 4 inches of
aggregate base course material compacted according to City Standards and with an 80
foot diameter turnaround at the building end of said accessway. The turnaround is not
required if an exit point is provided at the end of the accessway.
III. Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the Director of Engineering
in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove
said safety devices until the construction has been completed and approved by the
Director of Engineering.
B. The Developer shall, at all times, keep the public right-of-way free from
accumulation of waste material or rubbish caused by the Developer's operation; shall
remove such rubbish no less than weekly and; at the completion of the work, shall remove
all such waste materials, rubbish, tools, construction equipment, machinery, and surplus
materials from the public right-of-way. The Developer further agrees to maintain the
finished street surfaces so that they are free from dirt caused by the Developer's operation.
If the Developer is provided written notice from the City that there is an excessive
accumulation of dirt and/or other construction materials within the public right-of-way and
the Developer has failed to cure said problem within two (2) days after receipt of said
written notice, such 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 reasonable satisfaction of the Director of
Engineering. If the Developer fails to adequately clean such streets within two (2) days
after receipt of written notice, the City may have the streets cleaned at the Developer's
expense and the Developer shall be responsible for prompt payment of all such costs.
C. The Developer hereby agrees that it will require its subcontractors to cooperate
with the City's construction inspectors by ceasing operations when winds are of sufficient
velocity to create blowing dust which, in the inspector's reasonable 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 original plat and related documents, or any replat as
subsequently filed by the Developer, and the City may withhold such building permits and
certificates of occupancy as it deems necessary to ensure performance hereof.
E. Nothing herein contained shall be construed as a waiver of any requirements of
the City Code, and the Developer agrees to comply with all requirements of the same.
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