HomeMy WebLinkAboutFALCON RIDGE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-10-24 (2)DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this a day of
199�, , by and between the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as the "City"; and
SANDCREEK ASSOCIATES LLC, a Colorado limited liability company,
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:
FALCON RIDGE P.U.D., situate in the Southwest 1/4 of Section
36, Township 8 North, Range 69 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.
and proof of said acceptance is submitted to the City of Fort
Collins Engineering Department.
8. In accordance with Section 24-95(a) of the City Code,
and in order to minimize the disturbance of grading, landscaping,
and other improvements related to the houses to be constructed on
Lots 1, 2, 3, 4, and 61 of the Property, the Developer and the City
agree that no building permit for each of Lots 1, 2, 3, 4, and 61
of the Property shall be issued until the improvements to Ford Lane
including the water lines, fire hydrants, sanitary sewer lines, and
public street: (including curb, gutter and sidewalk and pavement
with at least the base course completed) adjacent to each of said
Lots have been completed and accepted by the Elco Water District,
Cherry Hills Sanitation District, and Larimer County, respectively.
9. The Developer and the City agree that, in accordance
with Section 29-679 of the City Code, prior to the issuance of any
certificate of occupancy for each of Lots 1, 2, 3, 4, and 61 of
this development, and prior to allowing any public vehicular access
to Ford Lane from this development, the improvements to Ford Lane
as shown on the approved utility plans for this development must be
completed in accordance with said plans, accepted by Larimer
County, and proof of said acceptance must be submitted to the
City's Engineering Department.
10. In accordance with Section 24-95(a) of the City
Code, and in. order to minimize the disturbance of grading,
landscaping, and other improvements related to the houses to be
constructed on Lots 1, 8, 9, 15, 16, and 17 of the Property, the
Developer and the City agree that no building permit for each of
Lots 1, 8,9, 15, 16, and 17 of the Property shall be issued until
the improvements to Country Club Road including the water lines,
fire hydrants, sanitary sewer lines, and public streets (including
curb, gutter and sidewalk and pavement with at least the base
course completed) adjacent to each of said Lots have been completed
and accepted by the Elco Water District, Cherry Hills Sanitation
District, and Larimer County, respectively.
11. The Developer and the City agree that, in accordance
with Section 29-679 of the City Code, prior to the issuance of any
certificate of occupancy for each of Lots 1, 8, 9, 15, 16, and 17
of this development, and prior to allowing any public vehicular
access to Country Club Road from this development, the improvements
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to Country Club Road as shown on the approved utility plans for
this development must be completed in accordance with said plans,
accepted by Larimer County, and proof of said acceptance must be
submitted to the City's Engineering Department.
12. The Developer and the City agree that, prior to the
issuance of building permits for lots 31, 32, 33, 34, 35, and 36 ,
the improvements to Spaulding Lane as shown on the approved utility
plans must be completed in accordance with said approved plans,
accepted by Larimer County, and proof of said acceptance must be
submitted to the City's Engineering Department. In addition, the
certification required by Section II.C.1 of this Agreement for the
detention pond to be constructed on Tract A shall not be done until
after all the improvements to Spaulding Lane as shown on the
approved utility plans have been completed and accepted by Larimer
County.
13. Prior to beginning any construction activity within
the State Highway Right -of -Way for State Highway 1, as shown on the
approved utility plans for this development, the Developer shall
comply with al conditions set forth in the letter dated April 9,
1996 from the Colorado Department of Transportation and attached
hereto as Exhibit "C".
14. The Developer shall take all reasonable and necessary
measures, including but not limited to, posting signs, constructing
and maintaining barricades and fencing, to ensure that the
construction traffic serving this development does not access the
Property via :Ford Lane and that traffic from the development does
not access Ford Lane from Golden Eagle Court, throughout the
buildout of this development.
E. Temporary Sales Office and Temporary Construction Access
1. Per the provisions of the City's Land Development
Guidance System, the Developer must submit an Administrative Change
to the P.U.D. through the City's Current Planning Office in order
to request permission to locate any temporary sales office on the
Property, to utilize the existing house on Lots 15 and 16 for a
temporary sales or construction office, and/or to request any
temporary construction access off of Country Club Road.
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F. Construction Fencing and Tree Protection
1. The approved utility plans show all grading to be done
within the boundaries of the Property and/or within the public
rights -of -way adjacent to the Property. In particular, no grading
or other construction activity shall take place on the private
property bounded by and adjacent to Talon Court, Lots 37 through
41, and Lots 43 through 48 of this development. The City and the
Developer agree that it is the Developer's responsibility to take
all necessary and reasonable actions to ensure that said
construction activity is contained within the Property boundary
including, but not limited to, installing and maintaining a
temporary construction fence along the common property line between
the development and the aforementioned adjacent property. Said
fence is to remain in place throughout the buildout of the lots
listed above and throughout the completion and City acceptance of
Talon Court.
2. In addition to containing construction activity so as
not to impact the adjacent private property as described above,
and in order to protect the stand of pine trees on said property,
the Developer and the City agree that the use of soil sterilization
products, including herbicides, for subgrade stabilization,
preparation, and construction of Talon Court shall be prohibited.
G. Groundwater
1. The Developer and the City recognize that soil
borings in this development have indicated the presence of shallow
groundwater and the potential for perched groundwater due to
shallow depth to bedrock. Accordingly, it is agreed that the
Developer shall be allowed to install a subdrain system designed to
help prevent water from seeping into basements of homes constructed
within the development. Prior to the installation of any such
subdrain system, the Developer shall submit a hydrologic study and
plans for said subdrain system, prepared by a professional engineer
licensed in Colorado and designed in accordance with the City's
criteria for subdrains within the public right-of-way. Such study
and plans shall be reviewed and approved by the City prior to the
Developer constructing the subdrain system. The Developer and the
City agree that the City shall not be responsible for the
maintenance of any such subdrain system and that it shall be the
responsibility of the Developer to maintain said subdrain system.
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The City shall not be responsible for, and the Developer hereby
agrees to indemnify the City against, any damages or injuries
sustained in the development as a result of groundwater seepage,
whether resulting from groundwater flooding, structural damage, or
other damage unless such damages or injuries are sustained as a
result of the City's failure to properly maintain its storm
drainage facilities in the development within the public rights -of -
way.
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 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.
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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
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.
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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.
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. 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
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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.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: 02 4. Juta
Cit Manager
IAIWM'"
ck-_-
ITY CL
APPROVED AS TO CONTENT:
Director of Engineering
PP OVED AS -`TO F M :
1
I �J
As 'stant City Attorney
DEVELOPER:
SANDCREEK ASSOCIATES LLC,
a Colorado limited liability company
Edward W./Law er, Manager'
By:
Peter R. Sherman, Manager
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EXHIBIT "A"
1. Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to be installed out of
sequence.
Not Applicable.
3. Schedule of street improvements to be installed out of
sequence.
Not Applicable
4. Schedule of storm drainage improvements to be installed out
of sequence.
Not Applicable.
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EXHIBIT "B"
NOT APPLICABLE
FI:?
DEPARTMENT OF TRANSPORTATION
Region 4
2207 Ea5t Highway 402
Loveland, CO 80537
(303) 667-4650
City of Ft. Collins
Planning Department
Atm Kerrie Ashbeck
P.O. Box 580
Ft. Collins, CO 80522
EXHIBIT "C"
STATE OF COLORADO
April 9, 1996
Our office does not have a permit, per se, to issue regarding the work Richard Rutherford is
required to do along Hwy. 1. However, this letter will give him authorization to accomplish the
work necessary in our ROW with the following stipulations:
1) 48 hours advance notice needs to be given to Glen Gibson, Sr. Hwy. Mtce.
Worker from Wellington, before any work commences. His office phone #
is 568-7268.
2) A final inspection is also required after work is completed. Contact
Glen Gibson for this also.
3) No work on weekends or holidays; daylight hours only.
4) Follow the MUTCD guidelines for traffic control.
5) All disturbed areas of ROW will be reseeded.
If you have any questions regarding this matter, please feel free to contact me at 667-4650.
cc: Richard Rutherford
Glen Gibson
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Sincerely,
Thomas R. Barnes
Highway Mtce. Supervisor I
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 is agreed
as follows:
I. General Conditions
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the Property. For the
purposes of this Agreement, "development activities" shall include,
but not be limited to, the following: (1) the actual construction
of improvements, (2) obtaining a building permit therefor, or (3)
any change in grade, contour or appearance of said property caused
by, or on behalf of, the Developer with the intent to construct
improvements thereon.
B. All water lines, sanitary sewer collection lines, storm
sewer lines and facilities, streets, curbs, gutters, sidewalks, and
bikepaths shall be installed as shown on the approved utility plans
and in full compliance with the Council -approved standards and
specifications of the City on file in the office of the Director of
Engineering at. the time of approval of the utility plans relating
to the specific utility, subject to a three (3) year time
limitation from the date of execution of this Agreement. In the
event that the Developer commences or performs any construction
pursuant 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 water
lines, fire hydrants, sanitary sewer lines, and public streets
(including curb, gutter and sidewalk and pavement with at least the
road base course completed) serving such structure have been
completed and accepted by the City. No building permits shall be
issued for any structure located in excess of nine hundred feet
(9001) 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,
2
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 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/or the applicable water and sanitation district(s) serving the
Property, and shall be subject to such department and/or district'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 shall meet
or exceed 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 Property in a manner or
quantity different from that which was historically discharged and
caused by the design or construction of the storm drainage
7
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
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
9
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 backf:ill 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, po-Llutant 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.
II. Special Conditions
A. Water Lines
Not Applicable
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 for Phase One, as shown on the
approved utility plans, shall be completed by the Developer in
accordance with said plans prior to the issuance of more than five
(5) building permits in Phase One of the development. 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 for any
building permit greater than said five (5) building permits in
Phase One. The Developer and the City agree that all on -site and
5
off -site storm drainage improvements for Phase Two, as shown on the
approved utility plans, shall be completed by the Developer in
accordance with said plans prior to the issuance of more than six
(6) building permits in Phase Two of the development. 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 for any
building permit greater than said six (6) building permits in Phase
Two. The Developer and the City agree that all on -site and off -
site storm drainage improvements for Phase Three, as shown on the
approved utility plans, shall be completed by the Developer in
accordance with said plans prior to the issuance of more than five
(5) building permits in Phase Three of the development. 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 for any
building permit greater than said five (5) building permits in
Phase Three.
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 $6,225.00 prior to beginning construction in Phase
One, $6,023.00 prior to beginner
$7,103.00 prior to beginning c
guarantee the proper installatio
control measures shown on the
deposit(s) shall be made in accor
in the City's Storm Drainage D
Standards (Criteria). If, at a
abide by the .provisions of the
Criteria, the City may enter upon
making such improvements and unde
necessary to ensure that the pi
Criteria are properly enforced. .
the security deposit as may be ne
by the City in undertaking the adn
C
3 construction iri enaae IWU, a.iu
)nstruction in Phase Three, to
and maintenance of the erosion
approved Plan. Said security
.ance with the criteria set forth
:sign Criteria and Construction
ry time, the Developer fails to
approved utility plans or the
the Property for the purpose of
taking such activities as may be
Dvisions of said plans and the
he City may apply such portion of
-essary to pay all costs incurred
Lnistration, construction, and/or
installation of the erosion control measures required by said plans
and the Criteria.
3. The Developer and the City agree that 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 until
the City has approved such changes as being acceptable for the safe
and efficient delivery of storm drainage water.
4. The Developer and the City agree that the storm
drainage system for this development contains certain features that
make it important to grade the lots and construct the storm
drainage facilities in accordance with the approved plans and to
ensure that the storm drainage facilities are maintained and kept
operational throughout the buildout of this development. For this
reason the following additional requirements shall be followed for
building on all lots:
(a) The drainage improvement system required to be constructed
on each lot, including the lot grading and minor swale
grading, shall be completed in accordance with the approved
utility plans for the development and said completion shall be
certified as being in accordance with said plans by a
professional engineer licensed in Colorado. A certification
by such engineer that the lot grading and minor Swale grading
and the drainage systems' function and adequacy to serve its
purpose has not been impaired by the construction and
landscaping on said lot shall be submitted to the City prior
to the issuance of a certificate of occupancy for each lot in
the development. Said certification shall be submitted to the
City at :least two weeks prior to the date of issuance of any
certificate of occupancy.
(b) 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 each lot. Said notice shall reference
the location of the specific restrictions shown on the plans
and notes on the approved utility plans for this development.
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Said notice shall be filed in a City approved form prior to
the sale of any lots affected by such restrictions.
S. Lots 17, 18, 19, 20, 29, and 30 of the Property abut
certain storm drainage facilities and it is agreed that it is of
the utmost importance that no storm water from said facilities
enters houses built on said lots. In order to provide the
assurance that houses built on said lots are constructed at an
elevation that. said storm water cannot enter, the approved utility
plans for this development contain specifications for the minimum
elevation for any opening to each such house. Prior to the
issuance of a certificate of occupancy for each such house, the
Developer shall provide certification from a professional engineer
licensed in Colorado that the lowest opening to any such house is
at or above the minimum elevations required on said utility plans,
and that the lot corner elevations for each lot are the same as
those specified on the approved utility plans. Said certification
is in addition to, and may be done in conjunction with, the
certification of the minor swale grading and lot grading described
in paragraph II.C.4. above.
6. The Developer and the City agree that the Developer
is responsible for ensuring that the drainage facilities which
serve this development are constructed within the dedicated
drainage easement areas, as shown on the approved utility plans and
on the plat, and that said facilities contain the stormwater flows
within the easements so dedicated. The City shall not be
responsible for, and the Developer hereby agrees to indemnify the
City against, any damages or injuries sustained in the development
as a result of stormwater flows which are not contained within the
dedicated drainage easement areas shown on the approved utility
plans and plat for the development, whether resulting from
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
within the public right-of-way.
7. The Developer and the City agree that the Developer
is obligated to maintain all on -site and off -site storm drainage
facilities serving this development, outside of the public rights -
of -way.
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D. Streets
1. The Developer and the City agree that no street
oversizing reimbursement from the City is due the Developer for
this development.
2. 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 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).
3. The Developer and the City agree that Lots 31 through
36 shall not be allowed to have vehicular (driveway) access off of
Spaulding Lane.
4. The Developer and the City agree that Lots 1, 8, 9,
15, 16, and 17 shall not be allowed to have vehicular (driveway)
access off of Country Club Road. Notwithstanding the foregoing,
the existing house on Lots 15 and 16 of the Property (currently
addressed as 309 Country Club Road) shall continue to have access
to Country Club Road via the existing driveway, for the existing
residential use only, until such time as the house is demolished
and/or a building permit for either of Lots 15 or 16 is requested.
5. The Developer and the City agree that Lots 49 and 61
shall not be allowed to have vehicular (driveway) access off of
Ford Lane.
6. The Developer and the City agree that Lots 26 and 27
shall take driveway access off of Falcon Ridge Drive.
7. In accordance with Section 24-95(a) of the City Code
and in order to minimize the disturbance of grading, landscaping,
and other improvements related to the house to be constructed on
Lot 49 of the Property, the Developer and the City agree that no
building permit for Lot 49 shall be issued until the improvements
to Ford Lane as shown on the approved utility plans are completed
in accordance with said approved plans, accepted by Larimer County,
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