HomeMy WebLinkAboutENGLISH RANCH SOUTH PUD SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this _day of / ; a 19v- ,
by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City"; and English Ranch South, L.L.C., a Colorado limited
liability company, a Colorado Corporation, hereinafter referred to as the "Developer".
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated in the
County of Larimer, State of Colorado, (hereafter referred to as the "Property") and legally
described as follows, to wit:
English Ranch South P.U.D., Second Filing, located in the Northeast 1/4 of
Section 32 , Township 7 North, Range 68 West of the 6th P.M., City of Fort
Collins, County of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop the Property and has submitted to the
City a subdivision plat and/or a site plan and landscape plan, a copy of which is on file in
the office of the City's Director of Engineering and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City utility plans for the
Property, a copy of which is on file in the office of the Director of Engineering and made
a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of the Property
will require increased municipal services from the City in order to serve such area and will
further require the installation of certain improvements primarily of benefit to the lands to
be developed and/ not to the City of Fort Collins as a whole; and
WHEREAS, the City has approved the subdivision plat and/or site plan and
landscape plan submitted by the Developer subject to certain requirements and conditions
which involve the installation of and construction of utilities and other municipal
improvements in connection with the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it its agreed as follows:
I. General Conditions
A. The terms of this Agreement shall govern all development activities of the
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.
D. The Developer shall, pursuant to the terms of this Agreement, complete all
improvements and perform all other obligations required herein, as such improvements or
obligations may be shown on the original plat and related documents, or any replat as
subsequently filed by the Developer, and the City may withhold such building permits and
certificates of occupancy as it deems necessary to ensure performance hereof.
E. Nothing herein contained shall be construed as a waiver of any requirements of
the City Code, and the Developer agrees to comply with all requirements of the same.
F. In the event the City waives any breach of this Agreement, no such waiver shall
be held or construed to be a waiver of any subsequent breach hereof.
G. Financial obligations of the City of Fort Collins payable after the current fiscal
year and/or not appropriated or budgeted are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available by the Fort Collins City Council.
H. This Agreement shall run with the Property and shall be binding upon and inure
to the benefit of the parties hereto, their respective personal representatives, heirs,
successors, grantees and assigns. It is agreed that all improvements required pursuant
to this Agreement touch and concern the Property regardless of whether such
improvements are located on the Property. Assignment of interest within the meaning of
this paragraph shall specifically include, but not be limited to, a conveyance or assignment
of any portion of the Developer's legal or equitable interest in the Property, as well as any
assignment of the Developer's rights to develop the Property under the terms and
conditions of this Agreement.
I. In the event the Developer transfers title to the Property and is thereby divested
of all equitable and legal interest in the Property, the 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.
J. Each and every term of this Agreement shall be deemed to be a material element
hereof. In the event that either party shall fail to perform according to the terms of this
Agreement, such party may be declared in default. In the event that a party has been
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declared in default hereof, such defaulting party shall be given written notice specifying
such default and shall be allowed a period of ten (10) days within which to cure said
default. In the event the default remains uncorrected, the party declaring default may elect
to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing
and require specific performance or; (c) avail itself of any other remedy at law or equity.
K. In the event of the default of any of the provisions hereof by either party which
shall require the party not in default to commence legal or equitable action against said
defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -
defaulting party's reasonable attorney's fees and costs incurred by reason of the default.
Nothing herein shall be construed to prevent or interfere with the City's rights and remedies
specified in Paragraph III.D of this Agreement.
L. This Agreement shall not be construed as or deemed to be an agreement for
the benefit of any third party or parties, and no third party or parties shall have any right of
action hereunder for any cause whatsoever.
M. It is expressly understood and agreed by and between the parties hereto that
this Agreement shall be governed by and its terms construed under the laws of the State
of Colorado and the City of Fort Collins, Colorado.
N. Any notice or other communication given by any party hereto to any other party
relating to this Agreement shall be hand -delivered or sent by certified mail, return receipt
requested, addressed to such other party at their respective addresses as set forth below;
and such notice or other communication shall be deemed given when so hand -delivered
or three (3) days after so mailed:
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to the Developer: English Ranch South, L.L.C.
P.O. Box 277
Timnath, CO 80547
With a copy to: March & Liley P.C.
Attn. A. E. March
110 East Oak Street, Suite 200
Fort Collins, CO 80524
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Notwithstanding the foregoing, if any party to this Agreement, or their successors,
grantees or assigns, wishes to change the person, entity or address to which notices under
this Agreement are to be sent as provided above, such party shall do so by giving the other
parties to this Agreement written notice of such change.
O. When used in this Agreement, words of the masculine gender shall include the
feminine and neuter gender, and when the sentence so indicates, words of the neuter
gender shall refer to any gender; and words in the singular shall include the plural and vice
versa. This Agreement shall be construed according to its fair meaning, and as if prepared
by all parties hereto, and shall be deemed to be and contain the entire understanding and
agreement between the parties hereto pertaining to the matters addressed in this
Agreement. There shall be deemed to be no other terms, conditions, promises,
understandings, statements, representations, expressed or implied, concerning this
Agreement, unless set forth in writing signed by all of the parties hereto. Further,
paragraph headings used herein are fore convenience of reference and shall in no way
define, limit, or prescribe the scope or intent of any provision under this Agreement.
TTEST:
City Clerk
APPROVED AS TO CONTENT. -
Director of Engineering's
APPROVED AS TO FORM-
�'Ij/
�'z
&dz I,,, '--,
eputy City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: �_ Lou
City Vanager
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DEVELOPER:
English Ranch South, L.L.C.,
a Colorado Limit Liability Company
1001.
j
William D. Bartran, Manager
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EXHIBIT "A'
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.
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EXHIBIT "B"
Not Applicable
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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 the Property caused by, or on behalf of, the Developer with the intent to
construct improvements thereon.
B. All water lines, sanitary sewer collection lines, storm sewer lines and facilities,
streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on the
approved utility plans and in full compliance with the Council -approved standards and
specifications of the City on file in the office of the Director of Engineering at the time of
approval of the utility plans relating to the specific utility, subject to a three (3) year time
limitation from the date of execution of this Agreement. In the event that the Developer
commences or performs any construction pursuant hereto after three (3) years from the
date of execution of this agreement, the Developer shall resubmit the project utility plans
to the Director of Engineering for reexamination. The City may require the Developer to
comply with approved standards and specifications of the City on file in the office of the
Director of Engineering at the time of resubmittal.
C. No building permit for the construction of any structure within the development
shall be issued by the City until the public water lines, fire hydrants, sanitary sewer lines,
and public streets; (including curb, gutter, sidewalk and pavement with at least the base
course completed) serving such structure have been completed and accepted by the City.
Notwithstanding the foregoing, the Developer shall be entitled to receive a footing and
foundation permit for the construction of improvements within the development upon the
installation of adequate water lines, fire hydrants, and emergency access to provide fire
protection and other emergency services to the site. No building permits shall be issued
for any structure located in excess of six hundred and 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 be installed within the time and/or
sequence required on Exhibit "A." If the Director of Engineering has determined that any
water lines, sanitary sewer lines, storm drainage facilities and/or streets are required to
provide service or access to other areas of the City, those facilities shall be shown on the
utility plans and shall be installed by the Developer within the time as established under
"Special Conditions" in this document.
E. Except as otherwise herein specifically agreed, the Developer agrees to install
and pay for all water, sanitary sewer, and storm drainage facilities and appurtenances, and
all streets, curbs, gutters, sidewalks, bikeways and other public improvements required by
this development as shown on the approved plat, site, landscape and utility plans, and
other approved documents pertaining to this development on file with the City.
F. 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
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will be required prior to commencing any construction on the site. A
meeting will be required prior to the issuance of this permit. Please
contact your assigned project engineer during the development review
process.
5. The Natural Resources Department asked that you contact Larimer
County to determine the need for a fugitive dust control program which is
required when projects exceed 5 acres in size or will be under
construction longer than 9 months. The use of a single trash hauler is
encouraged. The use of native plants in your landscape plan is also
encouraged.
6. The Stormwater Utility indicated that the site is located within the Fox
Meadows basin where the new development fee is $6,468.00 per acre
which is subject to the runoff coefficient reduction. The site is also located
in inventory grid #130. The detention sizing needs to be checked to see
that the! impervious surface is as assumed in the original sizing; i.e. verify
that athe runoff coefficient used to design the pond is the same or less
than the proposed use. If this project is submitted under the Land Use
Code, water quality needs to be addressed, which could be done in the
detention pond with extended detention. The standard drainage and
erosion control reports and plans are required and they must be prepared
by a professional engineer registered in Colorado. In this case, the
overall report did include this site so it may be more of a report to show
compliance with the overall drainage plan.
7. The Current Planning Department confirmed that the project could be
submitted as a PUD under the Land Development Guidance System.
This project complies with the exceptions provided in Ordinance 161,
1996. A combined preliminary and final PUD would be acceptable.
8. After the Conceptual Review meeting, correspondence was received from
Eric Bracke of the Traffic Operations Department. Eric indicated an
amendment to the traffic study would not be required. In addition, the
extension of Corbett Drive will not be required with this project.
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.
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 in connection with this development. The
Developer further agrees to indemnify and hold harmless the City from any claims or
actions based directly, indirectly or in any manner on any of the aforementioned
environmental risks brought against the City by third parties arising as a result of the
dedication of portions of the Property to the City in connection with this development. Said
indemnification shall not extend to claims, actions or other liability arising as a result of any
hazardous substance, pollutant or contaminant generated or deposited by the City, its
agents or representatives, upon portions of the Property dedicated to the City in connection
with this development. The City agrees to give notice to the Developer of any claim made
against it to which this indemnity and hold harmless agreement by the Developer could
apply, and the Developer shall have the right to defend any lawsuit based on such claim
and to settle any such claim provided Developer must obtain a complete discharge of all
City liability through such settlement. Failure of the City to give notice of any such claim
to the Developer within ninety (90) days after the City first receives a notice of such claim
under the Colorado Governmental Immunity Act for the same, shall cause this indemnity
and hold harmless agreement by the Developer to not apply to such claim and such failure
shall constitute a release of this indemnity and hold harmless agreement as to such claim.
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II. Special Conditions
A. Water Lines
1. The City shall pay the Developer for oversizing the 12-inch water mains
in Kingsley Drive, Paddington Road and Sunstone Drive as shown on the approved utility
plans. Oversizing from 8-inch water lines to 12-inch water lines will be paid in accordance
with Section 26-371 of the City Code. The Developer shall comply with all documentation
requirements of Section 26-371 to qualify for oversizing payment.
B. Sewer Lines
Not ,Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and off -site storm
drainage improvements, as shown on the approved utility plans for the development, shall
be completed by the Developer in accordance with said approved plans prior to the
issuance of any certificate of occupancy for the phase of the development served by such
improvements. Completion of improvements shall include the certification by a professional
engineer licensed) in Colorado that the drainage facilities which serve this development
have been constructed in conformance with said approved plans. Said certification shall
be submitted to the City at least two weeks prior to the date of issuance of more than 13
building permits in Phase 1 of this development and prior to the issuance of more than 14
building permits in Phase 2 of this development. All common drainage facilities that serve
both Phase 1 and Phase 2 shall be completed and certified as part of the Phase 1
construction certification.
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 $11,250.00 for Phase 1 construction and $11,400.00 for Phase
2 construction priorto beginning construction of the applicable phase, in orderto guarantee
the proper installation and maintenance of the erosion control measures shown on the
approved utility plans for this development. Said security deposit(s) shall be made in
accordance with the criteria set forth in the City's Storm Drainage Design Criteria and
Construction Standards (Criteria). If, at any time, the Developer fails to abide by the
provisions of the approved utility plans or the Criteria, the City may enter upon the Property
for the purpose of making such improvements and undertaking such activities as may be
necessary to ensure that the provisions of said plans and the Criteria are properly
enforced. The City may apply such portion of the security deposit(s) as may be necessary
to pay all costs incurred by the City in undertaking the administration, construction, and/or
installation of the erosion control measures required by said plans and the Criteria. In
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addition, the City shall have the option to withhold building permits and certificates of
occupancy, as stated in Paragraph III.D of this Agreement, as it deems necessary in order
to ensure that the Developer installs and maintains the erosion control measures
throughout the build -out of this development.
3. The Developer and the City agree that it is important that all lots be
graded to drain in the configuration shown on the approved plans for this development.
For this reason the following additional requirements shall be followed for building on Lots:
Prior to the issuance of a certificate of occupancy for each lot in this development,
the Developer shall provide the City with certification that the lot has been graded
correctly and complies with the approved utility plans for this development. The Lot
grading certification shall include but is not limited to: the certification of the grading
of any minor swales, where applicable; the certification that Lot corner elevations
and all drainage break points as surveyed are in accordance with those specified
on the approved utility plans; the minimum floor elevation and/or the minimum
opening elevation for all buildings constructed on said Lot has been completed in
accordance with the approved utility plans; the certification that the drainage pattern
of the Lot is in general substantial compliance with the pattern shown on the
approved utility plans, and the certification that no adverse drainage impact to
neighboring properties is caused by the grading of the Lot. Said certification shall
be completed by a Colorado licensed professional engineer and shall be submitted
to the City at least two weeks prior to the date of issuance of the desired certificate
of occupancy.
4. The Developer shall obtain the City's prior approval of any changes from
the approved utility plans in grade elevations and/or storm drainage facility configuration
that occur as a result of the construction of houses and/or development of lots, whether by
the Developer or other parties. The City reserves the right to withhold the issuance of
building permits and certificates of occupancy for this development until the City has
approved such changes as being acceptable for the safe and efficient delivery of storm
drainage water.
5. In addition the Developer shall be required to file a notice with the Larimer
County Clerk and Recorder describing the landscaping and fencing restrictions that exist
for the drainage easements on Lots 1 through 4, Lots 6 through 11, Lots 13 through 21,
Lots 23 through 25, Lots 27 through 44, Lots 65 and 66, Lots 80 through 86, Lots 88
through 96, Lots 98 and 99, Lots 103 through 109, Lots 112 through 121, and Lots 124
through 133. Said notice shall reference the location of the specific restrictions shown on
plans and notes in the approved utility plans for this development. Said notice shall be
filed in a City approved form prior to the sale of any lots affected by such restrictions.
6. The Developer and the City agree that the Developer is obligated to
maintain all on -site storm drainage facilities not accepted for maintenance by the City and
all off -site storm drainage facilities not accepted for maintenance by the City serving this
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development and outside of the public rights -of -way.
D. Streets.
1. Subject to the conditions of this Agreement, the City agrees to reimburse
the Developer for oversizing public street improvements along Kingsley Drive and
Paddington Drive for those portions of said streets abutting the Property as shown on the
approved utility plans. Reimbursement for Kingsley Drive and Paddington Drive shall be
for oversizing the streets from residential local street standards to collector street
standards. The City shall make reimbursement to the Developer for the aforesaid
oversized street improvements in accordance with Section 24-121 of the Code of the City.
The Developer agrees and understands that the City shall have no obligation to make
reimbursement payments for street oversizing unless funds for such payments shall first
have been budgeted and appropriated from the Street Oversizing Fund by the City Council;
and the Developer further understands that to the extent that funds are not available for
such reimbursement, the City may not, in the absence of the Developer's agreement,
require the construction, at the Developer's expense, of any oversized portion 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 improvements that are to be constructed in the
public right-of-wa,Y as described in this Section II(D) are "City improvements" (as defined
below) 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 Thirty Thousand Dollars
($30,000), the contract for the construction of the same must be submitted to a competitive
bidding 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. If the cost of such improvements exceeds Fifty
Thousand Dollars ($50,000), the contract for the construction of the improvements must
be insured by a (performance bond or other equivalent security. For purposes of this
paragraph, the term "City improvements" shall mean either (1) existing improvements
owned by the City that are to be modified or reconstructed, or (2) any improvements
funded in whole or in part by the City.
3. The Developer and the City agree that the Developer is responsible for
all costs for the initial installation of traffic signing and striping for this development related
to the development's local street operations. In addition the Developer is responsible for
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all costs for traffic signing and striping related to directing traffic access to and from the
development (e.g., all signing and striping for a right turn lane into the development site).
E. Ground Water
1. The City shall not be responsible for, and the Developer hereby agrees
to indemnify and hold harmless the City against, any damages or injuries sustained in the
development as a result of ground water seepage or flooding, structural damage, or other
damage unless such damages or injuries are sustained as a result of the City's failure to
properly maintain its storm drainage facilities in the development. The City agrees to give
notice to the Developer of any claim made against it to which this indemnity and hold
harmless agreement by the Developer could apply, and the Developer shall have the right
to defend any lawsuit based on such claim and to settle any such claim provided Developer
must obtain a complete discharge of all City liability through such settlement. Failure of the
City to give notice of any such claim to the Developer within ninety (90) days after the City
first receives notice of such claim under the Colorado Governmental Immunity Act for the
same, shall cause this indemnity and hold harmless agreement by the Developer to not
apply to such claim and such failure shall constitute a release of this indemnity and hold
harmless agreement as to such claim. Nothing herein contained shall cause the Developer
to be liable for any seepage or underground water damage resulting from the installation
of a lake on the City parkland adjoining the west boundary of the Property. Any damage
caused by such lake shall be the responsibility of the City.
F. Hazards and Emergency Access
1. No combustible material will be allowed on the site until a permanent
water system is installed by the Developer and approved by the City.
2. Prior to beginning any building construction, and throughout the build -out
of this development, the Developer shall provide and maintain at all times an accessway
to said building or buildings. Such accessway shall be adequate to handle any emergency
vehicles or equipment, and the accessway shall be kept open during all phases of
construction. Prior to the City allowing combustible material on the site (other than forming
material for concrete footings, foundations and/or concrete walls) such accessway shall be
improved to a width of at least 20 feet with 4 inches of aggregate base course material
compacted according to City Standards and with an 80 foot diameter turnaround at the
building end of said accessway. The turnaround is not required if an exit point is provided
at the end of the accessway.
G. Indemnification
1. A private irrigation ditch located in the easement on the north boundary
of the Property will cross under Kingsley Drive in a tile installed by the Developer. The City
has, in reliance upon an opinion letter issued by the Developer's attorney dated March 16,
1998, accepted the dedication of Kingsley Drive on the plat of the Development (and has
accepted both the plat and the utility plans for the Development) without the consent of all
owners of such ditch easement (the "Ditch Owners"), with the understanding that neither
the dedication of such right-of-way improvements for Kingsley Drive, nor the construction,
maintenance or public use of such improvements in accordance with the plat and utility
plans, will in any way be contrary or injurious to the rights and interests of the Ditch
Owners. The Developer hereby agrees to indemnify and hold the City, its officers and
employees harmless from any claims, demands, damages, causes of action or liability
which may arise from, or in any way be related to the City's acceptance of the dedication
of the right-of-way for Kingsley Drive and the improvements installed therein in connection
with the Development or the City's acceptance of the plat and utility plans for the
Development without the consent of the Ditch Owners, or the maintenance or public use
of Kingsley Drive whether based on any claim that the Developer did not have the right to
extend Kingsley Drive over such ditch or to dedicate the right-of-way for Kingsley Drive to
the City, or that the City did not have the right to accept the plat or the utility plans, or after
such dedication to maintain such dedicated area as a public street and to repair and
replace the improvements therein. In addition, the Developer agrees to indemnify the City
for all costs and expenses related to defending against any such liability, claims, and
demands, including, but not limited to, litigation costs and attorney's fees, whether or not
any such liabilities, claims, or demands are groundless, frivolous, false, or fraudulent.
However, the City and Developer acknowledge and agree that all such liabilities, claims
and demands shall be subject to any notice requirements, defenses, immunities, or
limitations to liability that the City may have under the Colorado Governmental Immunity
Act (Section 24-10-101, C.R.S., et seq,) and to any other defenses, immunities, or
limitations to liability available to the City. This hold harmless and indemnity agreement
applies only to matters arising out of the dedication and extension of Kingsley Drive over
such ditch right-of-way without the signature of all Ditch Owners on the plat and utility
plans, and not to any other matter.
III. Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the Director of Engineering
in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove
said safety devices until the construction has been completed and approved by the Director
of Engineering.
B. The Developer shall, at all times, keep the public right-of-way free from
accumulation of waste material or rubbish caused by the Developer's operation; shall
remove such rubbish no less than weekly and; at the completion of the work, shall remove
all such waste materials, rubbish, tools, construction equipment, machinery, and surplus
materials from the public right-of-way. The Developer further agrees to maintain the
finished street surfaces so that they are free from dirt caused by the Developer's operation.
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