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HomeMy WebLinkAboutEAST DRAKE TERRACE PUD - Filed CS-COMMENT SHEETS - 2003-09-24Commuiury Planning and Environmental trrvices Planning Department City of Fort Collins December 21, 1993 Linda Ripley Ripley Associates 117 East Mountain Avenue Fort Collins, CO. 80524 Dear Linda, Staff has reviewed your documents for the East Drake Terrace office Park P.U.D. - Final that were submitted on December 6, 1993, and would like to offer the following comments: 1. A copy of the comments received from U.S. hest is attached to this letter. 2. Public Service Company has indicated that Tract 'A' should also be designated as a utility easement on the Final Subdivision Plat. No trees can be planted within 4' of the natural gas lines. 3. The Mapping Department's comments are as follows: a. If the two control monuments are going to be shown then they must be described. b. A statement of scale is needed on the subdivision plat (i.e.: 1" = 301). C. The subdivision plat should be Sheet 1 of 1. d. The legal and title of the plat appears to be wrong. It should be "Lots 1, 2, 3 of Tract B and Tract B of Cottonwood P.U.D.". e. The plat should state that the existing easements on the previous plat (within this plat boundary) are vacated by this plat. f. Where are the drainage easements? 4. The parking lots must be shown as public access easements, including the connection to the apartment complex to the east. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6750 F. Street improvements (except curbs, gutters and walks) shall not be :installed until all utility lines to be placed therein have been completely installed, including all individual lot service lines leading in and from the main to the property line. G. The installation of all utilities shown on the utility plans shall be inspected by the Engineering Department of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plans and/or specifications applicable to such installation. In case of conflict, the utility plans shall supersede the standard specifications. H. All storm drainage facilities shall be so designed and constructed by the. Developer as to protect downstream and adjacent properties against injury and to adequately serve the Property (and other lands as may be required, if any). The Developer has met or exceeded the minimum requirements for storm drainage facilities as have been established by the City in its Drainage Master Plans and Design Criteria. The Developer does hereby indemnify and hold harmless the City from any and all claims that might arise, directly or indirectly, as a result of the discharge of injurious storm drainage or seepage waters from the development in a manner or quantity different from that which was historically discharged and caused by the design or construction of the storm drainage facilities, except for (1) such claims and damages as are caused by the acts or omissions of the City in maintenance of such facilities as have been accepted by the City for maintenance; (2) errors, if any, in the general concept of the City's master plans (but not to include any details of such plans, which details shall be the responsibility of the Developer); and (3) specific directives that may be given to the Developer by the City. Approval of and acceptance by the City of any storm drainage facility design or construction shall in no manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid indemnification. The Developer shall engage a licensed professional engineer to design the storm drainage facilities as aforesaid and it is expressly affirmed hereby that such engagement shall be intended for the benefit of the City, and subsequent purchasers of property in the development. I. The. Developer shall pay storm drainage basin fees in accordance with Chapter 26, Article VII of the City Code. Storm drainage improvements eligible for credit or City repayment under the provisions of Chapter 26 are described together with estimated cost of the improvements on the attached Exhibit "B," which improvements, if applicable, shall include right-of-way, design and construction costs. See Section II.C, Special Conditions, Storm Drainage Lines and Appurtenances, for specific instructions. J. The Developer shall provide the Director of Engineering with certified Record Plan Transparencies on Black Image Diazo 3 heirs, successors, grantees and assigns. It is agreed that all improvements required pursuant to this Agreement touch and concern the Property regardless of whether such improvements are located on the Property., Assignment of interest within the meaning of this paragraph shall specifically include, but not be limited to, a conveyance or assignment of any portion of the Developer's real or proprietary interest in the Property, as well as any assignment of the Developer's rights to develop the Property under the terms and conditions of this Agreement. 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 declared in default hereof, such defaulting party shall be given written notice specifying such default and shall be allowed a period of five (5) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: (a) terminate the Agreement and seek damages; (b) Treat the Agreement as continuing and require specific performance or; (c) avail itself of any other remedy at law or equity. 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. THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation . BY City Manager ATTEST: c �-- ' L0_4" ,� CITY CLE Z �J !1 7