HomeMy WebLinkAboutHARBOR WALK ESTATES PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-19plan submitted by the Developer subject to certain requirements and
conditions which involve the installation of and construction of utili-
ties and other municipal improvements in connection with said lands.
NOW, THEREFORE, in consideration of the promises of the parties
hereto and other good and valuable consideration, the receipt and ade-
quacy of which is hereby acknowledged, it is agreed as follows:
1. General Conditions.
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the subject
property described above. For the purposes of this .Agree-
ment, "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 the 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, side-
walks, 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 City Engineer at the time of
approval of the utility plans relating to the specific
utility, subject to a two (2) 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 two (2) years from the date of
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execution of this agreement, the Developer shall resubmit
the project utility plans to the City Engineer for reexam-
ination. The City may require the Developer to comply
with approved standards and specifications of the City on
file in the Office of the City Engineer 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 and streets
(with at least the 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 ?xcess of six hundred 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 City Engineer has deter-
mined that any water lines, sanitary sewer lines, storm
sewer facilities and/or streets are required to provide
service or access to other areas of the City, those facil-
ities 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 Devel-
oper agrees to install and pay for all water, sanitary
sewer and storm sewer facilities and appurtenances, and
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all streets, curbing, gutter, sidewalks, bikeways and
other public improvements required by this development as
shown on the plat, utility and landscape plans, and other
approved documents pertaining to this development, on file
with the City.
F. 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 individual lot service lines leading in and from the
main to the property line.
G. The installation of all utilities shown on the utility
drawings shall be inspected by the Engineering Division of
the City and shall be subjected 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 instal-
lation. Tn case of conflict, the utility drawings 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 aaainst 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 min-
imum 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
me
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 facili-
ties, 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 as may be
given to the Developer by the City. Approval of and
ac;:eptance 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 drain-
age facilities as aforesaid and it is expressly affirmed
hereby that such engagement shall also 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 93 of the City Code. Storm drain-
age 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
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Exhibit "B", which improvements shall include right of
way, design and construction costs.
J. The Developer shall provide the City Engineer with certi-
fled Record Utility Drawing Transparencies on Black Image
Diazo Reverse tdylars upon completion of any phase of the
construction.
2. Special Conditions.
A. Water lines
Not Applicable
B. Sewer lines.
M The Developer agrees to repay the City for this devel-
opment's portion of the cost of the Warren Lake Sani-
tary Trunk Sewer. The repay is $102.74 per dwelling
unit, which shall be paid to the City on an individual
dwelling unit basis as a condition of the issuance of
each building permit.
C. Storm drainage lines and appurtenances.
(i) All revegetation and installation of erosion control
material required by the City shall be completed by
the Developer prior to the issuance of more then 4
building permits.
(ii) No more then 8 building permits shall be issued by the
City prior to the Developer completing all storm
drainage facilities and appurtenances, and acceptance
thereof by the City.
(iii) The City shall not be responsible for the maintenance
of the storm drainage facilities in this development,
including, without limitation, the reinforced concrete
pipe between lots 18 and 17.
D. Streets
(i) The City agrees to reimburse the Developer for over -
sizing the sidewalk along Lemay Avenue where the side-
walk does not already exist. The reimbursement will
cover the oversizing from a 4' walk to a 7' walk_, in
accordance with the Code of the City of Fort Collins.
(ii) It is the intention of both the Developer and the City
that the streets in this development shall be, and
remain, private streets. The City shall not be
responsible, now or in the future, for the maintenance
of these streets.
E. Landscaping
(i) The Developer shall be responsible for the maintenance
of all landscaping in this development, including the
proposed "Theme 'Wall" and landscaping in the City
right-of-way of Lemay Avenue. The responsibility of
the landscaping maintenance may by passed on to a City
approved Home Owners Association, but under no circum-
stances shall the City be held responsible for said
maintenance.
(ii) Both parties acknowledge that the proposed "Theme
Wall" and associated landscaping is requested to be
located in the City right-of-way of Lemav Avenue. IF
the City grants its permission to construct said
"Theme Wall", such permission shall be conditioned
upon the Developer obtaining the City's approval of
the design and the location of the "Theme 'Wall" in the
City right-of-way along Lemay Avenue, and executing
all City required documents giving evidence of the
Developer's (and Successor's) obligation, regarding,
without limitation, maintenance, removal and reloca-
tion thereof.
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 Engineer 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
City Engineer.
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
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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
free from dirt caused by the Developer's operation. Any
excessive accumulation of dirt and/or construction materi-
als 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
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 the
Developer's expense and the Developer 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 ceas-
ing 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
erodible earth material exposed at any one time shall not.
exceed 200,000 square feet for earthworks operations. Tem-
porary or permanent erosion control shall be -incorporated
into the subdivision at the earliest practicable time. By
way of explanation and without limitation, said control
M
may consist of seeding of approved grasses, temporary
dikes, gabions, and/or other devices.
E. The Developer shall, pursuant to the terms of this agree-
ment, complete all improvements and perform all other
obligations required herein, as such improvements or obli-
gations may be shown on the original plat, or on any
replat 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.
F. 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.
G. In the event the City waivas any breach of this Agreement,
no such waiver shall be held or construed to be a waiver
of any subsequent breach hereof.
H. 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.
I. This Agreement shall run with the real property herein
above described and shall be binding upon the parties
hereto, their personal representatives, heirs, successors,
grantees and assigns. Assignment of interest within the
meaning of this paragraph shall specifically include, but
not be limited to, assignment of any portion of the Devel-
oper's proprietary interest in the real property hereinaf-
M
ter described, as well as any assignment of the Devel-
oper's rights to develop such property under the terms and
conditions of this agreement.
J. In the event the Developer herein after transfers title to
such real property and is thereby divested of all equit-
able and legal interest in said property, the City hereby
agrees to release said Developer from liability under this
Agreement with respect to any breach of the terns and con-
ditions of this Agreement occurring after the date of any
such transfer of interest.
K. Each and every term and condition of this Agreement shall
be deemed to be a material element thereof. In the event
either party shall fail or refuse to perform according to
the terms of this Agreement, such party may be declared in
default. In the event a party has been declared in
default hereof, such defaulting party 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 Agree-
ment and seek damages; (b) treat the Agreement as conti-
nuing and require specific performance; or, (c) avail
itself of any other remedy at law or equity.
L. In the event of 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
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reasonable attorneys' fees and costs incurred by reason of
default. Nothing herein shall be construed to prevent or
interfere with the City's rights and remedies specified in
Paragraph 3 E of this Agreement.
A FTEST :
City Clerk
APPROVED AS TO FORM:
ity E peer
HP
a
id
ATTEST:
Ro ert ,. a Vic Presi ent
THE CITY OF FORT COLLINS, COLORADO
A Iduni ipal Corporation
3y
City Manager
lljlz��alr-� -
rilfy ttorney
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.
,4ot applicable.
4. Storm drainage improvements to be installed out of
sequence.
Not applicable.
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EXHIBIT "B"
The Development Agreement for Harbor Walk P.U.D..
This exhibit does not apply to this development.
COST ESTI,IATE FOR MAJOR DRAINAGE IhPROVEPENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST
1. Storm sewer, manholes, end sections, etc.
(a)
L.f.
/L.f. $
(b)
L.f.
/L.f. $
(c)
Ea.
Ea. $
IA
Ea.
Ea. S
Sub -Total $
2. Channel excavation, detention pond
excavation and riprap
(a) C.Y. 5 /C.Y. $
(b) C.Y. $ /C.Y. $
(c) C.Y. 5 /C.Y. $
Sub -Total $
EXHIBIT 6 - Page 2
ITEM DESCRIPTION
3. Right -of --way & easement acquisition
4.
(a)
Sub -Total
Professional Design
Other
UANTITY _UNIT COST TOTAL COST
S.F.
$/S.F.
S
__Ac.
5 /Ac.
$
S
Lump Sum $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
S
Prepared by:
Title:
Address:
RCPTN # 85054797 '25/85 11:11:36 # OF ES - 1 FEE - $3.00
J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE- $.00
NOTICE
Please take notice that on March 25, 1985, the Planning and Zoning Board of
the City of Fort Collins, Colorado, approved the Final Plan known as Harbor
Walk Estates, which development was submitted and processed in accordance
with Section 118-83 of the Code of the City of Fort Collins. The Final
Plan of the subject property together with the development agreement dated
March 22, 1985 between the City of Fort Collins and the Developer, out of
which documents accrue certain 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:
Harbor Walk Estates, a planned unit development, being a portion of the
West Half of Section 31, Township 7 North, Range 68 West of the 6th
P.M. and a portion of the Southeast Quarter of Section 36, Township 7
North, Range 69 West, of the 6th P.M., City of Fort Collins, Larimer
County, Colorado.
t.,y ,C I er , ecretary, Plarfning a omng oard
City of Fort Collins
Dated:'
RCPTI # 87020706 04, /87 11:35:37 # OF PA,- - 1 FEE - $3.00
4 RODEJBER-,ER, RECORDER - LARI4ER COU4TY, CO STATE DOC FEE $.00
NOTICE
Please take notice that on February 23, 1987, the Planning and Zoning Board
of the City of Fort Collins, approved the Final Plan known as Harbor Walk
PUD, which development was submitted and processed in accordance with
Section 118-83 of the Code of the City of Fort Collins, The Final Plan of
the subject property together with the development agreement dated February
19, 1987 between the City of Fort Collins and the developer, out of which
documents accrue certain 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:
Being a Portion of the Harbor Walk PUD at the Landings
West 1/2 of Section 31, Township 7 North, Range 68 of
the 6th P.M., City of Fort Collins, Larimer County,
Colorado.
' JJ
Setreta Planning a
City Fort Collins
Dated: 4 /6 /8 7
oa
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of �.
A.D. 1985, by and between THE CITY OF FORT COLLINS, COLORADO. a Municipal '
Corporation, hereinafter referred to as "the City,' and OSPREY INC, a
Colorado corporation, COLLINDALE SOUTH II, a Colorado general partnership,
C, WARREN LAKE RESERVOIR COMPANY, a Colorado
corporation, and BERNARD K. JOHNSON and L. BLANCHE JOHNSON, owners,
hereinafter referred to as "the Developer,"
WITNE_ SSETH:
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:
Harbor Walk Estates, a Planned Unit Development, being a
Portion of the West half of Section 31, Township 7 North,
Range 68 West of the 6th P.M, and a portion of the Southeast
Quarter of Section 36, Township 7 North, Range 69 West of the
6th P.M., City of Fort Collins, Larimer County, 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
water lines, fire hydrants, sanitary sewer and streets (with
at least the base course completed) serving such structure
have seen completed and accepted by the City. No building
permits shall be issued for any structure located in excess
of six hundred sixty feet (660') from a single point of
access.
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 has determined that any
water lines, sanitary sewer lines, storm sewer 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.
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
development.
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 individual lot
service lines leading in and from the main to the property
r
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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 acknowledge 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,
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 City Engineer at the time of
approval of the utility plans relating to the specific
utility, subject to a two (2) 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 two (2) years from the date of execution of this
agreement, the Developer shall resubmit the project utility
plans to the City Engineer 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 City
Engineer at the time of resubmittal.
B. No building permit for the construction of any structure
within the development shall be issued by the City until the
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water lines, fire hydrants, sanitary sewer and streets (with
at least the base course completed) serving such structure
have seen completed and accepted by the City. No building
permits shall be issued for any structure located in excess
of six hundred sixty feet (660') from a single point of
access.
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 has determined that any
water lines, sanitary sewer lines, storm sewer 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.
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
development.
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 individual lot
service lines leading in and from the main to the property
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line.
F. The installation of all utilities shown on the utility
drawings shall be inspected by the Engineering Division of
the City and shall be subjected 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 drawings
shall supersede the standard specifications.
G. 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 to be developed (and other lands as may be
required, if any). The Developer has met or exceeded 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
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(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 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
accordance 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 constructed by the Developer and described in
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the above mentioned exhibit exceeds the amount of the storm
drainage fees payable for the development, the City shah
reimburse the excess cost out of the Storm Drainage fund upon
completion of the improvements 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
construction.
2. Special Conditions.
A. 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
more than six (6) building permits.
B. Streets.
(i). No certificates of occupancy shall be issued on any
lot and no building permits shall be issued for lots I5,
16,_17 and 18,.until the City has closed Lemay Avenue north
of Ticonderoga for the construction of Lemay Avenue (but
not construction of the box culverts, which will be
constructed earlier). If the City has not commenced the
construction of Lemay Avenue north of Ticonderoga by
September 30, 1985, the developer may be issued
certificates of occupancy only on lots 1 through 14
inclusive provided that the developer first dedicate to the
City and construct on Harbor Walk Drive a temporary 80
(eighty) foot diameter turnaround centered at 660 feet from
Breakwater Drive.
(ii). The developer agrees to install, immediately upon
completion of Harbor Walk Drive, a permanent (non -moveable)
Type III barricade in Harbor Walk Drive at the intersection
with Lemay. Said barricade shall avert and prevent all
passage to Lemay Avenue from Harbor Walk Drive and shall be
maintained solely at the developer's expense. Said
barricade may be removed only upon the closure of Lemay
Avenue by the City as beforementioned.
(iii). All construction traffic for this project shall be
limited to using the entrance on Breakwater Drive.
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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 Engineer
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 City Engineer.
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
I
ess 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 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
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
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blowing dust which, in the inspector's opinion, is hazardous
to the public health and welfare.
D. When the inspector determines that erosion (either by wind or
water) is likely to be a problem, the surface area of
erodable earth material exposed at any one time shall not
exceed 200,000 square feet for earthworks operations.
Temporary or permanent erosion control shall be incorporated
into the subdivision at the earliest practicable time. By way
of explanation and without limitation, said control may
consist of seeding of approved grasses, temporary dikes,
gabions, and/or other devices.
E. The Developer shall, pursuant to the terms of this agreement,
complete all improvements and perform all other obligations
required herein, as such improvements or obligations may be
shown on the original plat, or on any replat subsequently
filed by the Developer, and the City may withhold such
building permits and certificates of occupancy as it deems
necessary to ensure performance hereof. In addition, it is
agreed and understood between the developer and the City that
the City shall have the right to refuse issuance of building
permits and certificates of occupancy in the subject
development as the City, in its sole discretion, shall deem
necessary in order to insure performance by the developer of
any other obligation the developer may have to the City,
whether pursuant to other development agreements, or
otherwise.
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F. 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.
G. 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.
H. 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.
I. This Agreement shall be binding upon the parties hereto,
their successors, grantees, heirs, personal representatives,
C and assigns and shall be deemed to run with the real property
�y7 `�l(, ,���'� � above described;
�"�V41 L Only to consent to the terrmsvhereof ided hand at Cshalldnot beale urequiredth II stoXperfor this
any provision of this agreement relating THE CITY OF FORT COLLINS, COLORADOform
to any property not owned by it and upon A Municip Corpo.ation
conveyance of the property owned by it shall c
be released from all liability hereunder. By
ATTEST: CityMaager
City C erk
APPROVED:
C ty Engineer
�ty Attorney
a
0z
COLLINDALE SOUTH II, a
Colorado General Partnership
K. Bi I I i ey> lereral Partn
c
e C. Kloberdanz, General
artner
1%w
BY attor -in-fact for
Floyd W. ein , General Partner
ATTEST:
Secretary
ATTEST:
SLhe A. Dudi , S c etary
ATTEST:
SPENCER INVESTMENTS, INC., a
Color Cor ati on, General
Par r
By
fxAsxRxx pjeA zxxRz&BX�az�
Attorney -in -Fact
(Corporate Seal)
am
-10-
on
Colorado
, rresider.
(Corporate Seal)
OWNERS
Bernard K. Jo / song
+ vd�
L. Blanche Johnso
WARREN LAKE RESERVOIR COMPANY,a
Colorado cor oration
B.G. Preston, President
(Corporate Seal)
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.
See paragraph 2.B.
4. Storm drainage improvements to be installed out of sequence.
See paragraph 2.A.
-11-
*AW
.d
R
EXHIBIT "B"
The Development Agreement for Harbor Walk Estates, a Planned Unit Development.
This exhibit does not apply to this development.
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM
DESCRIPTION QUANTITY
UNIT COST
TOTAL COST
I•
Storm sewer, manholes, end sections, etc.
(a)
L.f.
/L.f.
$
(b)
L.f.
/L.f.
$
(c)
Ea.
Ea.
$
(d)
Ea.
Ea.
$
2.
Sub -Total
Channel excavation, detention pond
excavation and riprap
Sub -Total
C.Y.
$
/C.Y. $
C.Y.
$
/C.Y. S
C.Y.
$
1
*d
.EXHIBIT B - Page 2
ITEM DESCRIPTION
3. Right-of-way & easement acquisition
(a)
(b)
4.
(a)
Sub -Total
Professional Design
Other
TY UNIT COST TOTAL COST
S.F.
$
/S.F.
$
Ac.
$
/Ac.
$
$
Lump Sum $
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
Prepared by:
Title:
Address: