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HomeMy WebLinkAboutPROSPECT OVERLAND PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-28DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of A.D. 1983j, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and REX S. MILLER, owner, hereinafter referred to as "the Developer," WITNESSETH: WHEREAS, 'the Developer is the owner of certain property situate in the County of Lariimer, State of Colorado, and legally described as follows, to -wit: Prospect -Overland P.U.D. Lots 1 and 2 being a replat of the Elliott -Miller Foothills West Subdivision, Six- teenth Filing, located in the Northwest Quarter of Section 21, Township 7 North, Range 69 West, of the Sixth P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property and has submitted to the City a subdivision plat and/or a site plan, a copy of which is on file in the Office of the City Engineer 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 City Engineer 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 Prospect -Overland PUD Lots 1 & 2 April 1984 EXHIBIT "A" 1. Schedule of water lines to be installed out of sequence. N/A 2. Schedule of sanitary sewer lines to be installed out of sequence. N/A 3. Schedule of street improvements to be installed out of sequence. See paragraph 23 4. Storm drainage improvements to be installed out of sequence. See paragraph 2.A EXHIBIT "B" The Development Agreement for Prospect -Overland P.U.D., Lots, i & 2. This exhibit does not apply to this development. 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) L.f. /L.f. $ (b) L.f. /L.f. $ (c) Ea. Ea. $ (d) Ea. Ea. $ 2. Sub -Total Channel excavation, detention pond excavation and riprap Sub -Total C.Y. $ /C.Y. $ C.Y. $ /C.Y. $ C.Y. $ /C.Y. $ R EXHIBIT B - Page 2 ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 3. Right-of-way & easement acquisition (a) S.F. $ /S.F. S (b) Ac. $ /Ac. $ 4. (a) Sub -Total Professional Design Other 3 Lump Sum S Total estimated cost of Storm Drainage improvements eligible for credit or City repayment Prepared by: Address: Title: $ *4 Prospect/Overland P.U.D. Amendment Agreement No.1 THIS AGREEMENT, made and entered into this L Z—day of 19 1, by and between the CITY OF FORT COLLINS, COLORADO, a municipal cor oration ("City"), and REX S. MILLER, owner, ("Developer"), is an amendment to that certain Development Agreement dated the 12th day of October, 1984, by and between the parties hereto. By this Agreement, the aforesaid Development Agreement is hereby amended in the following particulars: The following replaces paragraph 2.A.: 2.A. Storm drainage lines and appurtenances. Prior to the issuance of the Certificate of Occupancy for Lot 1, all storm drainage facilities for Lots 1 and 2 must be completed and approved by the City. Prior to the release of the Certificate of Occupancy for Lot 2 all storm drainage facilities on and for Lot 2 shall be completed by the Developer and approved by the City. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first written. ATTEST: City Clerk APPROV : k y ttor e City ng1nee— CITY OF FORT COLLINS a municipal corporation y-GJ ... City Manager OWNER r DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this /Z 'A day of 0=aRve__, A.D. 198y, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and ALVIN L. AND ENID P. MILLER TRUST, ALVIN L. MILLER AND ENID P. MILLER, Trustees, LIVING WORD OUTREACH CENTER, INC., a Colorado Corporation, AND REX S. MILLER, owners, hereinafter referred to as "the Developer," WITNESSETH: WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: Prospect -Overland P.U.D. Lot 3 being a replat of the Elliott -Miller Foothills West Subdivision, Sixteenth Filing, located in the Northwest Quarter of Section 21, Township 7 North, Range 69 West, of the Sixth P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property and has submitted to the City a subdivision plat and/or a site plan, a copy of which is on file in the Office of the City Engineer 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 City Engineer 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 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 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 said lands. NOW, THEREFORE, in consideration of the promises and the terms and conditions acknowledged by the parties hereto, it is agreed as follows: 1. General Conditions. A. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, side- walks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the Council approved standard specifications of the City on file in the Office of the City Engineer at the time of construction of the utility plans relating to the specific utility, subject to any time limitations as provided by Ordinance. B. 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 struc- ture have been completed and accepted by the City. No build- ing permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. -2- r C. 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 City Engineer determines that any water lines, sanitary sewer lines, storm sewer facilities and/or streets shown on the utility plans are required to provide service or access to other areas of the City, those utilities shall be installed within the time determined by the City Engineer as referred to under "Special Conditions" in this document. D. 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 municipal facilities necessary to serve the lands within the develop- ment. E. Street improvements (except curbing, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all indivi- dual lot service lines leading in and from the main to the property line. F. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. -3- 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 drawings shall supercede the standard specifications. G. All storm drainage facilities shall be so designed and con- structed by the Developer as to protect downstream and ad- jacent 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 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 main- tenance; (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 as may be given to the -4- ../ 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, subsequent purchasers of property in the development and downstream and adjacent property owners all of whom shall be third party beneficiaries of said agreement between the Developer and Engineer. H. The Developer shall pay storm drainage basin fees in accor- dance with Chapter 93 of the City Code. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 93 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. The basin fee payable by the Developer shall be reduced by the estimated cost of said eligible improvements. Upon completion of such eligible improvements, the amount of such reduction shall be adjusted to reflect the actual cost. If the cost of the eligible improvements con- structed by the Developer and described in the above mentioned exhibit exceeds the amount of the storm drainage fees payable for the development, the City shall reimburse the excess cost -5- e 1`w out of the Storm Drainage fund upon completion of the improve- ments and approval of the construction by the City. I. The Developer shall provide the City Engineer with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construc- tion. 2. Special Conditions. A. Storm drainage lines and appurtenances. Prior to the issuance of the Certificate of Occupancy for each phase of Lot 3, the Developer will submit to the City an engineer's written certification that the rooftop detention is installed correctly and the complete system is in working order. B. Streets. The City agrees to repay the Developer for oversizing Overland Trail and Prospect Road to arterial standards in lieu of local street standards in accordance with the Code of the City of Fort Collins Article 99-6.F. The Developer agrees to construct Prospect Road and Overland Trail in accordance with Article 99.6.B(6). The improvements to Overland Trail shall be completed prior to the release of the CO for the first phase of construction for Lot 3. Improvements to Prospect Road include from the eastern boundary of Elliott -Miller Foothills West 6th Subdivision west to Overland Trail. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices S� 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 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 said lands. NOW, THEREFORE, in consideration of the promises and the terms and conditions acknowledged by the parties hereto, it is agreed as follows: 1. General Conditions. A. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, side- walks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the Council approved standard specifications of the City on file in the Office of the City Engineer at the time of construction of the utility plans relating to the specific utility, subject to any time limitations as provided by Ordinance. B. 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 struc- ture have been completed and accepted by the City. No build- ing permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. -2- \w .10 at all construction sites within the public right-of-way and/or other areas as deemed necessary by the City Engi- neer 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. B. The Developer shall, at all times, keep the public right-of- way free from accumulation of waste material or rubbish caused by his 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. He further agrees to maintain the finished street surfaces free from dirt caused by his operation. Any excessive ac- cumulation of dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until 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 his expense and he 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 velocity to create -7- blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodable 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 subdivision at the earliest practicable 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 agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat, or on any replat subsequently filed by the Developer, and the City may withhold such buil- ding permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. F. This Agreement shall be binding upon the parties hereto, their successors, grantees, heirs, personal representatives, and assigns and shall be deemed to run with the real property above described. G. 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. 15 APPROVED: THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By City Manager OWNER Alvin L. and Enid P. Miller Trust AlvinL. miller, l stee Enid P. Miller, Trustee LIVING WORD OUTREACH, INC., A Colorado Corporation Mic iller, PresidentC ED Swc o�AgVr ea) aE he oa OWNER— Re S. Killer 10 \W •./ EXHIBIT "A" Prospect -Overland PUD Lot 3 April 1984 1. Schedule of water lines to be installed out of sequence. N/A 2. Schedule of sanitary sewer lines to be installed out of sequence. N/A 3. Schedule of street improvements to be installed out of sequence. See paragraph 23 4. Storm drainage improvements to be installed out of sequence. See paragraph 2.A V 6 EXHIBIT "B" The Development Agreement for Prospect -Overland P.U.D., Lot 3. This exhibit does not apply to this development. 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 I• Storm sewer, manholes, end sections, etc. Sub -Total Channel excavation, detention pond excavation and riprap Sub -Total L.f. L.f. Ea. Ea. $ Ea. Ea. $ C.Y. $ /C.Y. $ C.Y. $ /C.Y. $ C.Y. $ /C.Y. $ $ 1.. Nfto. PROSPECT -OVERLAND P.U.D. LOT 3 FIRST ANIENDNIENT AGREEMENT THIS�MENDMENT AGREEMENT, made and entered into this 30�_ day of , 1988, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City"), and MORNING STAR FELLOWSHIP, INC., a Colorado Non -Profit Corporation ("Developer"), is an amendment to that certain Development Agreement dated the 12th day of October, 1984, by and between the City and ALVIN L. AND ENID P. MILLER TRUST, ALVIN L. MILLER AND ENID P. MILLER, Trustees, LIVING WORD OUTREACH CENTER, INC., a Colorado Corporation, and Rex. S. Miller, own- ers, ("Development Agreement"). WHEREAS, the parties hereto (or their predecessor's in interest) previously executed the Development Agreement; and WHEREAS, Morning Star Fellowship, Inc., is now the owner of the prop- erty; and WHEREAS, the parties are presently desirous of making modification of the Development Agreement. 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, the parties agree as follows: Subheading 2 (Special Conditions), subparagraph B (Streets), of the Development Agreement shall be modified in its entirety to provide as follows: B. Streets (i) The Developer and the City have agreed, by approval of an Administrative Change to the approved,NP.U.,D., that the Developer shall be allowed to improve the property in 7 phases, in a sequence as shown on the attached Exhibit "A." It is also agreed that the improvements to Overland Trail (excluding the sidewalk) required for this development shall be completed prior to the issuance of any building permit for the 6th phase. The sidewalk, excluded above, shall be completed prior to issuance of any building permit for the 2nd phase. To guarantee comple- tion of the improvements to Overland Trail required to be completed prior to issuance of any building permit for the 6th phase, the Developer shall provide the City with a cash guarantee in the form of cash, a bond, non -expiring letter of credit or equivalent security. The amount of guarantee to be provided with each phase shall be 125% of 1/6 of the estimated cost to complete \.. M the Overland Trail improvements. The guarantee shall be provided by the Developer prior to the issuance of any building permit for each phase. The agreed upon estimated cost of the improvements is $9,909. The amount of guarantee security required to release any building permit for each phase shall be $2,065. The cash guarantee shall be released by the City to the Developer upon com- pletion of the improvements by the Developer and acceptance of the completed improvements by the City. (ii)Subject to the conditions of this agreement, the City agrees to reimburse the Developer for over - sizing Overland Trail for the difference between the residential street standard and the major arterial street standard, as shown on the approved utility plans. Reimbursement shall be made to the Developer in accordance with Section 29-680 of the Code of the City. (iii)When reimbursement is requested by the Devel- oper, the City's obligation for payment shall be limited to those funds then budgeted and appro- priated by the City for the improvements then completed. (iv)The 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 submitted by the Developer to a competitive bidding process and the construction of the same shall be awarded to the lowest responsible bidder. Additionally, the Developer shall provide the City with a good and sufficient performance bond or other equivalent security covering the estimated cost of all such improve- ments. Except as herein amended or modified, the Development Agreement shall continue in full force and effect. This Agreement and the Development Agree- ment constitute the entire understanding of the parties. -2- IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ATTEST: L; 41�. �'. k City APPROVED AS TO FORM: A sistant City Attorney ' City Engificer ATTEST: qecJrqad Ar dretary Treasurer CITY OF FORT COLLINS A MUNICIPAL CORPORATION By: Steven C. Burkett, City Manager MORNING_STAR FELLOWSHIP, INC., a Colorado Non -Profit Corporation x By��� KrAD. Miller, President Miller, President -3- I..L W ❑ O Z o J Y /Y C jm E p E U m W a. � / (/1) cr LL tl a 1 i 'RS C .e. y � 3 m < F � �0747- .. 19 m mb a: 3 ,�se :Is! EC333 1A- _ S 1 �j G �y y9 qy 6..c. • 1 1 �Y ~ 4 Ir 1 0 k m i .x L_________— J ;oadgojd lsaan J I Ili z 3i ?F C I J W C. 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 City Engineer determines that any water lines, sanitary sewer lines, storm sewer facilities and/or streets shown on the utility plans are required to provide service or access to other areas of the City, those utilities shall be installed within the time determined by the City Engineer as referred to under "Special Conditions" in this document. D. 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 municipal facilities necessary to serve the lands within the develop - merit. E. Street improvements (except curbing, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all indivi- dual lot service lines leading in and from the main to the property line. F. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. -3- 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 drawings shall supercede the standard specifications. G. All storm drainage facilities shall be so designed and con- structed by the Developer as to protect downstream and ad- jacent 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 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 main- tenance; (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 as may be given to the -4- 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, subsequent purchasers of property in the development and downstream and adjacent property owners all of whom shall be third party beneficiaries of said agreement between the Developer and Engineer. H. The Developer shall pay storm drainage basin fees in accor- dance with Chapter 93 of the City Code. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 93 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. The basin fee payable by the Developer shall be reduced by the estimated cost of said eligible improvements. Upon completion of such eligible improvements, the amount of such reduction shall be adjusted to reflect the actual cost. If the cost of the eligible improvements con- structed by the Developer and described in the above mentioned exhibit exceeds the amount of the storm drainage fees payable for the development, the City shall reimburse the excess cost -5- out of the Storm Drainage fund upon completion of the improve- ments and approval of the construction by the City. I. The Developer shall provide the City Engineer with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construc- tion. 2. /Special Conditions. Y/A. Storm drainage lines and appurtenances. Prior to the issuance of the Certificate of Occupancy for Lots I and 2, the storm drainage facilities will be completed by the Developer and approved by the City. B. Streets. The City agrees to repay the Developer for oversizing Prospect Road to arterial standards in lieu of local street standards in accordance with the Code of the City of Fort Collins Article 99-6.F. The Developer agrees to construct Prospect Road in accordance with Article 99.6.B(6). Prospect Road will be completed prior to the release of the Certificate of Occupancy (CO) for either Lot I or Lot 2, whichever should be requested first. Improvements to Prospect Road include from the eastern boundary of Elliott -Miller Foothills West 6th Subdivision west to Overland Trail. 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 public right-of-way and/or other areas as deemed necessary by the City Engi- neer 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. B. The Developer shall, at all times, keep the public right-of- way free from accumulation of waste material or rubbish caused by his 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. He further agrees to maintain the finished street surfaces free from dirt caused by his operation. Any excessive ac- cumulation of dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until 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 his expense and he 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 velocity to create -7- blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodable 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 subdivision at the earliest practicable 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 agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat, or on any replat subsequently filed by the Developer, and the City may withhold such buil- ding permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. F. This Agreement shall be binding upon the parties hereto, their successors, grantees, heirs, personal representatives, and assigns and shall be deemed to run with the real property above described. G. 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. M ATTEST: CityCity Clerk APPROVED: l Works J recto ty Attorrfey THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation B / —�-- y C ty Manager u OWNER Raz S. Miller go