HomeMy WebLinkAboutCENTERPOINT PARK - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this %'5 day of Jue ,
A.D. 198�, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as "the City," and PROSPECT PARK EAST
PARTNERSHIP, a Colorado general partnership, 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:
Centerpoint Park, Lots 18 and 23 (ADVANCED ENERGY),
oca .e3in Tie -northwest Quarter of Section 20, Town-
ship 7 North, Range 68 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
Centerpoint Park
Lots 18 and 23
June 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 2.0
4. Storm drainage improvements to be installed out of sequence.
See paragraph 23
r1111r nrT 11-11
The Development Agreement for Centerpoint Park, Lots lE and 23.
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
1. Storm sewer, manholes, end sections, etc.
Sub -Total
2. Channel excavation, detention pond
excavation and riprap
UANTITY UNIT COST TOTAL COST
L.f.
/L.f.
$
L.f.
/L.f.
$
Ea.
Ea.
$
Ea.
Ea.
$
C.Y.
$ /C.Y.
$
C.Y.
$ /C.Y.
$
C.Y.
$ /C.Y.
$
Sub -Total $
EXHIBIT B - Page 2
ITEM DESCRIPTION
3. Right-of-way & easement acquisition
( a)
(b)
Sub -Total
4.
(a)
Professional Design
Other
QUANTITY UNIT COST TOTAL COST
S.F.
$
/S.F.
$1
Ac.
$
/Ac.
S
Lump Sum $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
5
Prepared by: Title:
Address:
82 278 0US78 57 88 1984J'.l12H 3: 13
N n T T r r
Please take notice that on June 20, 1984, the City of Fort Collins,
Colorado, approved the final site olan of CENTERPOINT PARK LOTS 18 & 23
(Advanced Energy), which development was submitted and processed in accor-
dance with Section 118-73 of the CnHio of tho ri +%, of i7„r+ r^i i , — Tk-
Final plan of the subject property, out of which document accrues cer-
tain rights and obligations of the developer and/or subsequent owners of
the subject property, are on file in the office of the Clerk of the City
of Fort Collins.
The subject property is more particularly described as follows:
Lot 18 and Lot 23 of Centerpoint Park, situate in the south-
west 1/4 of Section 17 and in the north 1/2 of Section 20,
Township 7 North, Range 68 West of the 6th P.M., City of Fort
Collins, Larimer County, Colorado
ti City Cle -
Se �etaryv,Planning4 oning Board
City of Fort Collins
Dated:_ ;2 /
C(Upy)
SUEDIVISIONAGREEMENT
THIS AGREEMENT, made and entered into this _26th — day of
-September 19 U r by and between THE CITY OF FORT
I a Municipal Corporation, party of the
f i rp L part, hereinafter sometimes referred to as "the City",
J - RIOIC'f-I POUGLAS and C. ROSE! 11177,,il,t party of the second
part, hereinafter sometimes ret' '7
erred to "Douglas and Zaylor";
k. C. SMITH and LLOYD P. JENKINS, parties of the third part,
hereinafter sometimes referred to as "Smith and Jenkins", and
INIC., party of the fourth part, hereinafter some-
tiw"q refoirud to as "Rhoades" (second, third and fourth par-
t5v being hereinafter collectively referred to as "The De-
veloper").
WlTNESSETH:
the Developers are the owners of certain pro-
perty ViLuat" in the (County of Larimer, State of Colorado,
and legally described as follows, to -wit:
Centerpoint Park Subdivision: A tract of land
_Foca''_e(j inthe -TI.Q. 1/4 of Section 17 and the North
1/2 of Section 20, Township 7 North, Range 68 West
of the 6th Principal Meridian, City of Fort Collins,
County of Larii er, State of Colorado.
Doutj1a!,, and Z_-Aylou are the owners of Lots 24 through 27 of
Centerpoint Parh Subdivision; Smith and Jenkins are the own-
er: of Lots 18 and 23 of Centerpoint Park Subdivision; and
Rhoades is tLe owner of the remaining lots in Centerpoint
Part. Subdivision; and
WIII.RF;AS, the Developers desire to develop said property
as an i.ndnu. Ilr-ial subdivision and has submitted to the City a
:subdivision plat (and a site plan if said property is to be
developed as a Planned Unit Development), a copy of which is
on file in the office of the City Engineer and made a part
hereof: 1:)y reference; and
WIf, the Developers have further submitted to the
City a utility plan for said lands, a copy of which is on
Bile in the office of the Director of Engineering Services
and made a part hereof by reference; and
6JFIEi:F,hS, the parties hereto have agreed that the devel-
opmr:,nt of saki lands will. require increased municipal servi-
ccs from the City in order_ to serve such area and will fur-
thE_r require, the installation of certain improvements pri-
marily of b(2nefit to the lands to be developed and not to the
City of Fort Collins as a whole; and
WIlf'fI\I-A:;, the City ht s ,approved the subdivision plan (and
rite pl�in wher(-, applicable) submitted by the Developers sub-
ject to certain requirements and conditions which involve the
installation of and construction of utilities and other muni-
cipal iniproveroerits in connection with said lands.
-2-
�dC)6d, `1'1111'RETORK, in consideration of the premises and the
teams and conditions acknowledged by the parties hereto, it
is agreed as follows:
1. General Conditions.
A. All water lines, sanitary sewer collection
lines, stores sewer lines., and facilities, streets, curbs, gut-
ters, sidewalks, and bi_kepaths shall be installed as shown on
the approved utility plans and in full compliance with the
Kknndard of the City on file in the Office of
the Director oL Engineuring Services relating to the specific
utility.
5. No building permit for the construction of any
structure within thn suk di°;ision shall be issued by the City
until_ the water line, tare hydrant, sanitary sewer, street
(with at Inast the hose course completed) serving such struc-
turn_ have been coopinted and accepted by the City. No build-
ing permAn shall be issued for any structure located in ex-
ccs;s of six hundred sixty feet (660') from a single point of
accWss. Sharp Point Drive in its present condition will be
con s iderod as an access-, way for the purposes of this subpara-
graph.
C. Any water lines, sanitary sewer lines, storm
drolnac 1 inog , and/or streets described on Exhibit "A",
attached h reto, shall be installed within the time and/or
sequence redui_rod on Exhibit "A". If the Director of Engi-
-3-
n( (�riny Services detern,,inQs that any water lines, sanitary
� (wr_r I int�s, r;torm suwnr facilities and/or streets shown on
tin utility plans are required to provide service or access
to other areas OL thy' City, those utilities sh
all be install-
ed within LAn time determined by the Director as referred to
under Special Conditions in this document.
D. Al -I (Jectric lines and facilities shall be
installed in accordance with the Electric Service Rules and
Reju.lations, the Electric Construction Policies, Practices
and f'roccc;ur"K, and qpucifications of the City of fort
Collins` electric utility.
H. Except as otherwise herein specifically
o1rund, th" Dovolopors agree to install and pay for all wa-
ter; sanitary sewer:, storm sewer and appurtenances, and all
streets, curb, gutter, sidewalks, and bikeways and other mu-
nicipal facilities necessary to serve the lands within the
subdivision.
I;, St re_ _�t improvements ( excepting curb, gutter
and walks) shall not be installed until all utility lines to
be placed therein have been completely installed, including
all l individual I nt service l i_n"s leading in and form the main
to the property line. (unless the City agrees otherwise with
regard to specific lot service lines).
G. i'}iE' installation of all utilities shown on the
utility drawir:y s shall be inspected by the Engineering Servi-
ces Hivision of the City and shall be subject to such depart-
- 4 --
ment_.'�-. al,;ioval. Th(, Developers agree to correct any def.i-
u j "n( it q in nuph installations In order to meet the require-
mpnkE W Un pLnn s Lnd/or specif iciations applicationt-o such
installation. In case of conflict, the utility drawings
`,hall supernt'du thenn;.i,"3rd cpE'C Hications.
H. The Devulopers shall provide the Director of
h'nginporing Services with certified Record utility Drawing
Tran Sporpncins of Black Image Diazo Reverse Mylars upon com-
p lot ion of any ph"se of the construction.
2. Special_ Conditions.
A. I).ivision of Developers' Obligations.
The Developers consist of three parties. Each
ref g a i d part-ioq 5hal.1 be rc_:apnnsihLe [or_ installation of
! hos,_� f_,(:i 1_ i tins with in or adjoining that portion of the sub-
divirinn owned by that. Developer. In the case of utility
lines to he installed in streets or easements which are the
boundary between two parties' ownerships, each of the parties
shall pay one-half of the cost of_ the lines. The cost of
:street improva-uhF__nL shall be similarly shared. If any of the
Developer parties installation of subdivision im-
provements hurnro the party responsible for paying for such
improvements installs the same, then the other party may in -
Wall the improvement and shall be reimbursed by the party
ranponsible for W, cost of the same. Such reimbursement
shall he slur apon demand, shall hear interest from the date
- 5-
t?,i c,)st was incurrud at tKe rate of per annum, and
the in: tatliTIj s:hali have a lien on the lands of the
jwrfrosponsihin Wr paying the cost until such repayment is
made.
R. Waher-Kin-us. (Oversizing, Payback, etc.)
The Ciry shall repay the material cost differ-
ent ial het_',.' -n tw, We inch ( M ) ami eight inch (8" ) water
lines AW011"d pUrSUML to this agreement.
Thu City shall enter into a repay agreement to
assist thn heveloppy to recover one-half of his cost of in-
stalling the twelve inch (12") line from the existing main in
Pyasp(wt aryj Sharp Mirt Drive when property across these
streety Erow '_.his devalopment taps onto this main.
't' 1) Df - v r � 1 ') P e r s shall repay the Prospect-
T i mhwr I in- K H. 1). Onn—I oi)4r I or installing this Developer's
pro ra tt,t -haf u of the existing twelve inch ( -1 2" ) main in
Prospect Strout Wore Mveloper is issued a building permit
for any portion of Tract A in Centerpoint Park.
C. Sanitary -Sewer. (Oversizing, Payback, etc.)
Not applicable
D. Storm Drainage Lines and Appurtenances.
( l nLuntion Mains, etc.)
No building permits will be issued for any lot
until the building site has been filled to the regulator flood
-6-
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-
pry tF'ct ic'rf a�; d(_,�I:int_d in City of Fort Collins Code
t . )
E. ;'treets. {Oversizing, Traffic Lights, Signs,
shall improve Prospect Street
;nc i'ii.l>c;rl inc> ::(_)<:d to thy: arterial stand�rrds in accordance
�)Oof t11c City of Fort Collins Code. (This
i ncliadc s tr,,': '` is lioiht- uric; (-' i t y participation in oversizing. )
F. Other Requirements.
I)evf,]ozper understands that sidewalks are re-
ciu i r-r-ci ()n 1'r,th of each ,trcet pursuant to direction of
1-h- Cit,,� C'ounci.-L on 6, 1977. Unless the City Coun-
cil chants a from this requirement or changes its
s;iihd i vi . ion rrc�ciard i ng sidewalks so that this is
nc, loncier Dc.ve _oper shall revise the utility draw-
inci:, to rc_flt_ct 1:1.1is rc_'ciui_rement and shall install such side-
w�II shali he upgraded to 1980 standards for
anti we,:rin<, ;f,rvicc- f>rior to constt:uction.
3. :ISC1;1, 'NN1;U';S.
I,. 'Vh(c lic_veloper ::agrees to provide and install,
at 1;i�; '_-,rri.c:ades, warning signs, etc. at
all constructir>r� w.iti, in thc> nubl is right-of-way and/or other
�_arF�-�:, c'crrnrrl ne c r;::�_1ry 1;%T the >,i_rector of Engineering Servi-
c(,�in wi.tr_ the City's "work Area Traffic Control
-7-
-,n(l shzil 1. not remove said safety devices until
<W by UP di rector.
i, i;UVWL"Per shall, :it <IIL time,-,, keep the
pphlic Kjht-ol-way fr"n Crom accumulation of waste material
or ruW nil coum d hy his operation. He shall remove such
rHhhi Kh no 1 , : s Lhan weAly and, at the completion of his
wnFA, : hall r-dov- aLL wante matorials, rubbish, tools, con-
Vt V"CL in� pquipmr nt , fFachinury, am! surplus materials from
the Ivuhlic rioht-of-wny caused by his operation. The Devel-
io tj.i,_- f_tnj�-,h(_,d st.r�_,et surfaces free
Irr" dirl caused by his uperation. Any accumulation of dirt
and/or construction waterials which will add to the accumu-
lation of dirt KhW I ho unnsidured suffici(_nt cause for the
City t vi i t h 1") 1 t i hu i I d i nj permits and/or certificates of
occupancy until corructud to the satisfaction of the Director
off Vnqinerrinj Kerviccs. in the event that the Developer
foils to adequately clonn up the streets within two (2) days
alLpr written rmLicu, Lhq City may have the street cleaned
and hill the Develop for said costs of cleaning.
C . The Developer shall cause his subcontractors
W coopurnta with the City's construction inspectors by ceas-
ing operations wh-m winds are of sufficient velocity to cre-
ate hlowiny dust which, in the inspector's opinion, is haz-
ardous to the public health and welfare.
-8-
1?.
Wiiiere
by wine! or water) is
l i K u I
y to
he a
prop l ey,
in the inspector's opinion, the sur-
Cace
arra
of crr-
dahI"
uwirth r..._,terial exposed at any one time
, hn1;
n(:t
a xc �
.l 200,000
quarp feet for e_3rthworks opera-
t.i(gw;.
`Iohn)rAry
c;- fo_'r-wnrnt
rusion control shall be in-
o 1 mrat
c_-1
! W)
t'ho subdivision
at the earliest practicable
t-imr .
The
c-c ntr-.)i
may
consist of , but may not be limited to,
�.c>e cline
,�
."i'1
•_;, t(,m;_)orary dikes, gabions, or
other
dcvicy
.
E. Tiii:= A(-!rnemunt shall be binding upon the par-
t i (m I er"t", thpir heirs, personal representatives, and
assigns.
F. Nothing herein contained Shall be construed as
za tinrivPr of ky r aqui.rew"m in the City Subdivision Ordinance
ni r;n;� ot_h�_�r_ ;��rr,vi��ion of the City Code, and the Developer
r:g1'�"s to conply with nff requirements of the same.
ATTEST:
THE CITY OF FORT COLLINS,
COLORADO, a Municipal
Corporation
'ity Manager
t mr 1
-9-
EMIRIT "A''
1 P "I waLor linvs to he installed out of sequence.
91P t wn! v" i nah
main
M 11 he
installed within Prospect
Knad and
Kk%rp
Poi ht
Drive so
as complete the main loop
i(,j-
nM i uckion
un wore
than four (4) lots within
t h, j(_:rt
ui Vhn
K"! AN
LAW owned by Rhoades. This re-
quiruw, nL
will
nw, Yuct
inn ,,y 7)ouqlas, and
Ynyini or
kAt-h
and J-Mns.
Kch(Aulc at nan) ary sewer lines to be installed out of
Nut applicahle.
Schedule of strwel, iLT;ovew(-,nts to be installed out of
T!p !; uv"i :priny Creek on Timhwuline and Prospect
,,, I 1',' rl, (I
ruct (-,(i
hy t-he City
when
nl ai f, qgruprW(&.
Hownver, the
heveioper
shall
crappif t (, iconu�-nkls on
Prospc-(,:J-- rind
Ti.m.herline
Roads
, ,, 1 lip, ri�; i !:cidges
prior to
January 1,
1983,
u;il (,; I,- Cite 6qr-uLo
an extunsion
of this time.
4. Storin drai"aqp inpruvements to he installed out of
Th e 1)(,, ,, , - I I j P U U 5 h a 11 complete the channelization of
Spring Uienk W accuhnodato Un raquirnd starmwater run-
nf f A, t t t i�! ionj by the Spriny Creek Basin analysis of
11M. T.w City wiLL participate and pay the cost of any
uhnnn, I i i; I K,n (,nn.--z i ty, rqu hec,-Iu-,e of importation
o . ter rz i 111 t i. u Spri ng Crank 3asin. This channel-
i zn t i "n w j I L 1 conn L ruc tud prior to or simultaneously
wit h 1 U. W K. Ifni ry: Pcospoct Mad and Timherline Road
acrann Aprinq Cr.(K. Tract A shall not be constructed
Lq"W. UM L 1 W kcidqes and channel are completed and
njquvud hy Lh" City.
J.! BRUCE DOUGLAS X
13. C. SMITH
RHOADES, INC., a Colorado
corporation
(Corporate Seal)
BY:
-'T Vice President�
APPROVED:
/1-IrOQ or of Pu*blic
City Attorney
-10-
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-
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. Water lines.
The Developer may be entitled to reimbursement for the con-
struction of the water line in Prospect Road in accordance
with the Code of the City of Fort Collins Article 112-43.
B. Storm drainage lines and appurtenances.
All storm drainage facilities shall be completed by the
Developer and approved by the City prior to the release of the
Certificate of Occupancy.
C. 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. All street improvements must be completed
prior to the issuance of the Certificate of Occupancy.
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.
I Me
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
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
-7-
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.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Cor oration
c
By
City Manager
City Clerk
APPROVED:
Direc or of iblic Works
City Attorney'
PROSPECT PARK EAST PARTNERSHIP
A Colorado General Partnership
Q,e� &,C�
ry Le , Genera Partner