HomeMy WebLinkAboutNORTH LEMAY PLAZA PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-26DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 1,4�' day of March, 1988,
by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as "The City", and RETLAND, INC., A Colorado Corpo-
ration, hereinafter referred to as "The Developer" and Deloris and Wilbur
Babcock, hereinafter referred to as "The Owner."
WITNESSETH
WHEREAS, the Developer has entered into an agreement with the Owner to
acquire ownership of certain property situated in the County of Larimer,
State of Colorado, and legally described as follows, to -wit:
NORTH LEMAY PLAZA P.U.D., Lots 18 and 19 of Evergreen
Park Third Filing, located in the East Half of Section
1, T 7 N., R 69 W. of the 6th P.M., City of Fort Col-
lins, Larimer County, Colorado.
WHEREAS, the Developer desires to develop said property and has sub-
mitted 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 Director of Engineer-
ing and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City a utility
plan for said lands, a copy of which is on file in the office of the Direc-
tor of Engineering and made a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of said
lands will require increased municipal services from the City in order to
serve such area and will further require the installation of certain
improvements pririarily 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 require-
ments and conditions which involve the installation of and construction of
utilities and other municipal improvements in connection with said lands.
NOW, THEREFORE, in consideration of the promises of the parties hereto
and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, it is agreed as follows:
1. General Conditions.
A. The terms of this Agreement shall govern all development acti-
vities of the Developer pertaining to the subject property
described above. For the purposes of this Agreement, "develop-
ment: activities" shall include, but not be limited to, the
following: (1) The actual construction of improvements, (2)
Obtaining a building permit therefor, or (3) Any change in
Lir
EXHIBIT "B"
The Development Agreement for LIMAY PLAZA P.U.D.
(This estimate is for an alternative design. The actual amount reimbursed shall not
exceed $12,259.00 as determined from master plan improvements.)
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM
DESCRIPTION
QUANTITY
UNIT COST
TOTAL COST
1.
Storm sewer, manholes, end sections, etc.
(a)
18" RCP
222
L.f.
27.00
/L.f.
$ 5.994
(b)
48" RCP
36
L,f.
42.80
/L.f.
$ 1,541
(c)
48" End Section with Grate
1
Ea.
1015.00
_ Ea.
$ 1,015
(d)
Area Inlet
1
Ea.
1200.00
Ea.
$ 1,200
(e)
Siunp Rip -Rap
1
Ea.
2350.00
Ea.
$ 2,350
Sub -Total
2• Channel excavation, detention pond
excavation and riprap
(a)
(b) N/A
(c)
Sub -Total
$ 12,100
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. $
$
EXHIBIT B - Page 2
ITEM DESCRIPTION
3. Right -of -may & easement acquisition
( a)
N/A
(b)
4.
(a)
Sub -Total
Professional Design
N/A
Other
N/A
UANTITY UNIT COST TOTAL COST
S.F.
$
/S.F.
$
Ac.
$
/Ac.
$
5
Lump Sum $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
$ 12,100
Prepared by: 'Todd A. Shimoda Title: P.E.
Address: Parsons & Associates
432 Link Lane Plaza
Fort Collins, 00 80524
DEVELOPMENT AGREEMENT
TUTq AnPRRMRNT. made and entered into this �-/ day of bZtYwwv
199_,�, by and between the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as the "City" and
REV ENTERPRISES, INC., a Colorado corporation hereinafter referred
to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the Owner of certain property
situated in the County of Larimer, State of Colorado, (hereafter
referred to as the "Property") and legally described as follows, to
wit:
NORTH LEMAY PLAZA P.U.D., Lots 18 and 19 of Evergreen Park
Third Filing, located in the East Half of Section 1, T 7 N, R
69 W, of the 6th P.M., City of Fort Collins, Larimer County,
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
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, THEREFORE, in consideration of the promises of the
parties hereto and other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, it is agreed
as follows:
I. General Conditions
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 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 heretic 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 water
lines, fire hydrants, sanitary sewer lines and streets (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 sixty
feet (6601) 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 plat, site, landscape
and utility plans, and other approved documents pertaining to this
development on file with the City.
2
F. 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.
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 has met or
exceeded 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 development 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 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
Developer shall engage a 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.
3
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 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 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 pursuant to 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 pursuant to 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 pursuant to this development.
II. Special Conditions
A. Water Lines
1. The Developer shall reimburse the
developer's portion of the cost of construction of
main in Lemay Avenue along the frontage of the
accordance with Section 26-372 of the City Code.
B. Sewer Lines
1. Not Applicable.
C. Storm Drainage Lines and Appurtenances
M
City for the
the 24" water
Property in
1. The Developer and the City agree that all on -site and
off -site storm drainage improvements shall be completed by the
Developer in accordance with the approved plans prior to the
issuance of any certificate of occupancy. Completion of
improvements shall include the certification by a licensed
professional engineer that the drainage facilities which serve this
development have been constructed in conformance with said approved
plans.
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 $3,204.00 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
Storm Drainage Design Criteria and Construction Standards.
3. Lots 18 and 19 abut certain storm drainage facilities
and it is agreed that it is of the utmost importance that no storm
water from said facilities enters the structures built on said
lots. In order to provide the assurance that the structures built
on said lots are constructed at an elevation that said storm water
cannot enter, the approved utility plans contain specifications for
the minimum elevation for any opening to each such structure.
Prior to the issuance of a certificate of occupancy for each of
said lots, the developer shall provide certification from a
licensed professional engineer that the lowest opening to any such
structure is at or above the minimum elevations required on said
utility plans.
4. The Developer and the City recognize that this
development is adjacent to the Pleasant Valley and Lake Canal and
that seepage from said Canal may impact the groundwater levels in
the development. Accordingly, it is agreed that the City shall not
be responsible for any damages or injuries sustained in the
development as a result of groundwater seepage, whether resulting
from groundwater flooding, structural damage or other damage unless
such damages or injuries are sustained as a result of the City's
failure to properly maintain its water, wastewater and/or storm
drainage facilities in the development.
D. Streets.
1. Subject to the conditions of this Agreement, the City
agrees to reimburse the Developer for oversizing public street
improvements along Lemay Avenue for that portion of said street
abutting the Property, and portions of the southbound right turn
lane on Lemay Avenue, as shown on the approved utility plans.
Reimbursement for Lemay Avenue shall be for oversizing the street
from residential standards to arterial standards along the frontage
I
of this development. 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 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 streets to be constructed
as described in this Section II(D) 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 a competitive process
resulting in an award to the lowest responsible bidder; and
evidence must be submitted to the City prior to the commencement of
the work showing that the award was given to the lowest responsible
bidder.
E. 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. Said 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 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
0
building end of said accessway. The turnaround is not required if
an exit point is provided at the end of the accessway.
3. The issuance of any building permit by the City is
made solely at the Developer's own risk and the Developer shall
hold the City harmless from any and all damages or injuries arising
directly or indirectly out of the issuance of said permit prior to
the completion of the requirements in accordance with Section 29-
678 of the Code of the City.
F. Previous Development Agreement
1. The Developer and the City agree that the previous
development agreement for the North Lemay Plaza P.U.D. dated March
24th, 1988 is hereby superseded by this agreement and is hereby
declared void.
IIl. 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. 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 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 opinion, is hazardous
to the public health and welfare.
7
D. When the inspector determines that erosion (either by wind
or water) is likely to be a problem, the surface area of erodible
earth material exposed at any one time shall not exceed 200,000
square feet for earthworks operations. Temporary or permanent
erosion control shall be incorporated into the development at the
earliest practicable time. By way of explanation and without
limitation, said control may consist of seeding with approved
grasses, temporary dikes, gabions, and/or other devices.
E. 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.
F. 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.
G. 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.
H. 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.
I. This Agreement shall run with the Property and shall be
binding upon the parties hereto, 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 real or
proprietary 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.
J. In the event the Developer transfers title to the Property
and is thereby divested of all equitable and legal interest in the
Property, the City hereby agrees to release said Developer 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.
K. Each and every term of this Agreement shall be deemed to
be a material element hereof. In the event that either party shall
0
grade, contour or appearance of said property caused by or on
behalf of the Developer with the intent to construct improve-
ments 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 stan-
dards and specifications of the City on file in the Office of
the Director of Engineering 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 Devel-
oper 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 Engineer-
ing 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
water lines, fire hydrants, sanitary sewer and streets (with
at least the base course completed) serving such structure
have been completed and accepted by the City. No building per-
mits shall he issued for any structure located in excess of
six hundred sixty feet (660') 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 he 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 sewer facil-
ities 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 sewer facilities and appurtenances, and all streets,
curbing, gutter, sidewalks, bikeways and other public improve-
ments required by this development as shown on the plat, util-
ity and landscape plans, and other approved documents pertain-
ing to this development on file with City.
F. Street improvements (except curbing, gutter and walks) shall
not be installed until all utility lines to he placed therein
have been completely installed, including all individual lot
service lines leading in and from the main to the property
line.
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 five (5) days within which to cure said default. 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.
L. 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.E of this Agreement.
0
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:;
t ManAgev' j
TTEST:
CI YT CLERK
APPROVED AS Tq CONTENT:
✓ p
Director of Engineering �
APPROVED ^AS TO FORM:
ity Attorney
DEVELOPER:
REV ENTERPRISES, INC.,
a Color o cor ration
By:
Da kles, President
ATTEST:
By: ',; � �� ` � "/,
Alexander-R. Read, Vic President
10
EXHIBIT "A"
1. Schedule of water lines to be installed out of sequence.
Not Applicable.
2. 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.
11
EXHIBIT "B"
NOT APPLICABLE
12
G. The installation of all utilities shown on the utility draw-
ings shall be inspected by the Engineering Department of the
City and shall be subjected to such department's approval. The
Developer agrees to correct any deficiencies in such installa-
tions in order to meet the requirements of the plans and/or
specifications applicable to such installation. In case of
conflict, the utility drawings shall supersede the standard
specifications.
H. All storm drainage facilities shall be so desioned and con-
structed by the Developer as to protect downstream and adja-
cent properties against injury and to adequately serve the
property to be developed (and other lands as may be required,
if any). The Developer has met or exceeded minimum require-
ments for storm drainage facilities as have been established
by t:he 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 indi-
rectly, as a result of the discharge of injurious storm drain-
age or seepage waters from the development 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 mainte-
nance; (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 Devel-
oper); and (3) specific directives as 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 Developer
shall engage a 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 accor-
dance 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 shall include right-of-way, design and
construction costs. See Section 2.C, Special Conditions,
Storm Drainage Lines and Appurtenances, for specific instruc-
tions.
J. The Developer shall provide the Director of Engineering with
certified Record Utility Drawing Transparencies on Black Image
Diazo Reverse Mylars upon completion of any phase of the con-
struction.
-3-
2. Special Conditions.
A. Water lines.
Not Applicable.
B. Sewer lines.
Not Applicable.
C. Storm drainage lines and appurtenances.
(i) The Developer and the City agree that all on -site and
off -site storm drainage improvements shall be completed
by the Developer prior to the issuance of the first cer-
tificate of occupancy.
(ii) The Developer agrees to provide and maintain erosion con-
trol improvements as shown on the approved utility plans
to stabilize all over -lot grading in and adjacent to this
development. The erosion control improvements must be
completed by the Developer prior to the issuance of any
building permit.
(iii)The Developer shall provide a report of results of a
water quality analysis on the existing retention pond
located on the west side of the site. The analysis shall
include test results for the following:
1. PH
2. Heavy Metals (Group One)
3. Organics (Benzene, Toluene, Xylene)
4. Oil and grease
The report shall be submitted to the City Department of
Natural Resources prior to the issuance of any building
permit. The purpose for the report is to have data on
existing conditions.
D. Streets.
(i) Subject to the conditions of this agreement, the City
agrees to reimburse the Developer for oversizing Lemay
Avenue for the difference between residential street
standards and arterial street standards for that portion
of Lemay Avenue from the center line of Conifer Street to
the south property line of the site. The reimbursement
shall also include reimbursement for the oversized length
of the box culvert which must be extended on the west
side of Lemay Avenue at the south end of the site. Reim-
bursement shall be made to the Developer in accordance
with Section 29-680 of the Code of the City.
U
(ii) When reimbursement is requested by the Developer, the
City's obligation for payment shall be limited to those
funds then budgeted and appropriated by the City for the
improvements then completed.
(iii)The street improvements to be constructed by the Devel-
oper under the terms of this agreement, for which the
Developer may be reimbursed by the City, shall be sub-
mitted by the Developer to a competitive bidding process
and the construction of the same shall he awarded to the
lowest responsible bidder. Additionally, the developer
shall provide the City with a good and sufficient perfor-
mance bond or other equivalent security covering the
estimated cost of all such improvements.
3. Miscellaneous.
A. The Developer agrees to provide and install, at his
expense, adequate barricades, warning signs and similar
safety devices at all construction sites within the pub-
lic 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 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 rub-
bish 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, rub-
bish, tools, construction equipment, machinery, and sur-
plus materials from the public right-of-way. The Devel-
oper further agrees to maintain the finished street sur-
faces free from dirt caused by the Developer's operation.
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 satisfac-
tion 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 insures that his subcontractors
shall cooperate with the City's construction inspectors
by ceasing operations when winds are of sufficient velo-
city to create blowing dust which, in the inspector's
opinion, is hazardous to the public health and welfare.
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D. When the inspector determines that erosion (either by
wind or water) is likely to be a problem, the surface
area of erodible earth material exposed at any one time
shall not exceed 200,000 square feet for earthworks oper-
ations. Temporary or permanent erosion control shall be
incorporated into the subdivision at the earliest practi-
cable time. By way of explanation and without limitation,
said control may consist of seeding of approved grasses,
temporary dikes, gabions, and/or other devices.
E. The Developer shall, pursuant to the terms of this agree-
ment, 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 on any replat subsequently filed by the
Developer, and the City may withhold such building per-
mits and certificates of occupancy as it deems necessary
to ensure performance hereof.
F. 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.
G. In the event the City waives any breach of this agree-
ment, no such waiver shall be held or construed to be a
waiver of any subsequent breach hereof.
H. 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.
I. This Agreement shall run with the real property herein
above described and shall be binding upon the parties
hereto, their personal representatives, heirs, succes-
sors, grantees and assigns. 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 real or proprietary interest
in the real property herein after described, as well as
any assignment of the Developer's rights to develop such
property under the terms and conditions of this Agree-
ment.
J. In the event the Developer transfers title to such real
property and is thereby divested of all equitable and
legal interest in said property, the City hereby agrees
to release said Developer 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 suc-
ceeding property owner shall be bound by the terms of
this Agreement.
�y2'?
Each and every term and condition of this Agreement shall
be deemed to be a material element thereof. In the event
either party shall fail or refuse to perform according to
the terms of this Agreement, such party may be declared
in default. In the event a party has been declared in
default hereof, such defaulting party shall be allowed a
period of five (5) days within which to cure said
default. 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.
In the event 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 aqainst
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 reme-
dies specified in Paragraph 3 E of this Agreement.
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ATTEST:
ity Clerk'
APPROVED AS TO FORM:
Director of Eng heering
y ALTorney
THE CITY OF FORT COLLINS, COLORADO
A Munici al Corporation
By:
C
ity t aanager
DEVELOPER:
RETLAND, INC.
A Colorado By:
orpor on
ast e, Pr s dint
(corporate seal)
ATTEST: T` P�
p'
t tam Giesenhagen
Vice President
OWNER:
Deloris' BabcocC
t bur Babcock
EXHIBIT "A"
1. Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to he installed out of sequence.
Not applicable.
3. Schedule of street improvements to be installed out of sequence.
Not Applicable.
4. Storm drainage improvements to be installed out of sequence.
Not applicable.
M