HomeMy WebLinkAboutHARMONY CENTRE - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-19DEVELOPMENT AGREEMENT
THIS AGRE=EMENT, made and entered into this 28TM day of oc,�-x 1997 , by
and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City", FC Timberline Development, L.L.C., 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:
Harmony Centre, a subdivision located in the Southwest 1/4 of Section 36,
Township '7 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 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 is agreed as follows:
2. Prior to beginning any building construction, the Developer shall provide
and maintain at alll times an access way to said building or buildings. Such access way
shall be adequate to handle any emergency vehicles or equipment, and the access way
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 access way 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 access way. The turnaround is
not required if an exit point is provided at the end of the access 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. All landscaping irrigation systems shall be installed in the Harmony Road
medians in accordance with the City approved Landscape and Irrigation Plans, prior to the
issuance of the first certificate of occupancy.
C. The Developer shall maintain all landscaping in the Harmony Road medians for
one (1) full year after the installation is approved by the City, at which time the City will
inspect the landscaping, and if such inspection reveals that the landscaping is viable, then
the City will assume all landscape maintenance thereafter.
D. 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.
E. 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
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velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public
health and welfare.
F. 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.
G. Nothing herein contained shall be construed as a waiver of any requirements of
the City Code, and the Developer agrees to comply with all requirements of the same.
H. 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.
I. 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.
J. This Agreement shall run with the Property and shall be binding upon and inure
to the benefit at 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.
K. 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.
L. 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.
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M. 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 parry shall be liable to the non -defaulting party for the non -
defaulting party's treasonable 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.
N. 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.
O. 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.
P. 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: Timberline Development, L.L.C.
2101 31 st Street
Denver, Colorado 80216
(303) 296 - 0444
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With a copy to: Lucia A. Liley
March & Myatt P.C.
P.O. Box 469
Fort Collins, Colorado 80522-0469
(970) 482 - 4322
Notwithstanding the foregoing, if either 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
party to this Agreement written notice of such change.
Q. 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 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
for convenience of reference and shall in no way define, limit or prescribe the scope or
intent of any provision under this Agreement.
ATTEST::
CITY CLERK
APPROVED AS TO CONTENT:
Director of Engineering
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: Qp= + .
City I6nager
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APPRO AS TO FORM:
Deputy City Attorney
DEVELOPER:
FC Timberline Development, L.L.C.,
a Colorado limited liability company
By
arles P. Woods, Mang
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, Manager
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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I. General Conditions
A. The teirms 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
streets (including curb, gutter and sidewalk and pavement 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 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, clutters, 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
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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
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 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; and (3) specific directives
that may be given to the Developer by the City. 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 clairn and such failure shall constitute a release of this indemnity and hold
harmless agreement as to such claim. In addition, the City shall not settle any such claim
without the Developer's prior written consent. 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 Colorado 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,
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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.
In addition, the City shall not settle any such claim without the Developer's prior written
consent.
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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, as shown on the approved utility plans for this development, shall
be completed by the Developer in accordance with the approved plans prior to the
issuance of any certificate of occupancy. 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. Any deviations from the approved utility plans shall be the responsibility of the
Developer to correct prior to the issuance of any certificate of occupancy. Said certification
shall be submitted to the City at least two weeks prior to the date of issuance of any
certificate of occupancy.
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 arriount of $81,623.00 prior to beginning construction to guarantee the
proper installation and maintenance of the erosion control measures shown on the
approved Plan. Said security deposit 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 secuirity deposit 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 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 shown on the approved Plan throughout the
build out of this development.
3. All buildings within this development abut certain storm drainage facilities
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and it is agreed that it is of the utmost importance that no storm water enters said buildings.
In order to provide the assurance that these buildings are constructed at an elevation that
said storm water cannot enter, the approved utility plans contain specifications for the
minimum elevation for any opening to each such building. Prior to the issuance of a
certificate of occupancy for each of said buildings the Developer shall provide certification
from a Colorado licensed professional engineer that the lowest opening to any such
building is at or above the minimum elevations required on said utility plans and that the
finished floor elevations are constructed at or above the elevations shown on the approved
utility plans.
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 buildings 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 occupancies until the City has approved such changes
as being acceptable for the safe and efficient delivery of storm drainage water.
D. Streets.
1. Subject to the conditions of this Agreement, the City agrees to reimburse
the Developer for oversizing certain public street improvements along Harmony Road and
JFK Parkway for those portions of said streets abutting the Property as shown on the
approved utility plans. Reimbursement for Harmony Road shall be for oversizing the street
from local access street standards to major arterial street standards to include portions of
an 8 foot wide sidewalk on the north side of said street, the construction of a westbound
bike lane, a basic raised landscaped median on Harmony Road, east of College Avenue
to the JFK Parkway/Harmony Road intersection, the right -turn lane improvements at
Harmony Road and JFK Parkway, and the signalization of the Harmony Road/JFK
Parkway intersection. Reimbursement for JFK Parkway shall be for oversizing the street
from local access street standards to arterial street standards between Harmony Road and
Troutman Parkway. Reimbusement for the JFK Parkway/Harmony Road intersection shall
be for the traffic signalization installation. 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 Fort Collins 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), will 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. The Developer and the City agree that certain public improvements are
solely for the benefit of this development and are not eligible for street oversizing
reimbursement. These improvements are: (1) the additional improvements to construct the
medians to permit left -turn vehicular access into this development from Harmony Road,
between College Avenue and JFK Parkway, (2) the signalization of the College
Avenue/Kensington Avenue intersection, (3) the improvements of the College
Avenue/Harmony Road intersection to provide dual east and west bound left -turn lanes,
(4) the right -turn lane improvements on westbound Harmony Road at College Avenue, (5)
the right -turn lane improvements at the private access into the site from Harmony Road,
(6) the right -turn lane on northbound College Avenue at Kensington Avenue, and (7) the
additional traffic mitigation required at the Harmony Road/ Hogan Drive intersection.
3. It is understood that the streets to be constructed (Harmony Road, JFK
Parkway, Pavilion Lane, and College Avenue) are "City improvements" 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 Fifteen Thousand Dollars ($15,000), 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.
4. The Developer agrees to reimburse the City the sum of $9,521.91 plus a
percentage added to recognize the effects of inflation, for the cost to construct Pavilion
Lane adjacent to the property. The inflation factor shall be calculated using the
construction cost index for Denver as published in the Engineering News Record (ENR)
of January, 1988, and the same index published in the ENR in the month preceding
payment of the reimbursement. Payment shall be made to the City prior to the issuance
of the first building permit.
5. If the Developer constructs street improvements through undeveloped
areas of the City, the City agrees to enter into a Reimbursement Agreement with the
Developer in accordance with Section 29-678 of the Code of the City of Fort Collins. The
Reimbursement Agreement would provide that the Developer may be reimbursed for a
portion of the construction cost of the street improvements whenever any property specially
benefitted by such improvement begins to utilize such improvements by making direct
connection to such street improvements.
6. All on -site and off -site improvements to Harmony Road, College Avenue,
JFK Parkway, and Pavilion Lane, including related utility and storm drainage
improvements, shall be completed as shown on the City approved Utility Plans and
accepted by the City prior to the issuance of the first certificate of occupancy for this
development.
7. The Developer and the City agree that the construction of JFK Parkway,
and Pavilion Lane and the improvements to the access drive aligning Kensington Avenue
must be completed in accordance with the City approved utility plans prior to the issuance
of the first certificate of occupancy.
8. Notwithstanding any provision in this Agreement to the contrary, the
Developer shall have the right to obtain building permits and construct the required public
infrastructure improvements simultaneously with the construction of buildings on the
Property. Prior to commencing construction of improvements to Harmony Road, College
Avenue, JFK Parkway, Pavilion Lane, and Hogan Drive, the Developer and the City agree
that the Developer must deposit with the City a monetary guarantee in the form of a
certificate of deposit, cash, performance bond, letter of credit or other City approved means
to guarantee the completion of all public improvements to be constructed in the street
rights of way. Said improvements shall be in accordance with the City approved utility
plans on file in the office of the Director of Engineering for the City. The amount deposited
shall be equal to 150% of the estimated cost of the improvements. The estimate shall be
prepared by the Developer and submitted to the Director of Engineering for the City for
review and approval.
9. All public infrastructure improvements, including all on -site and off -site
storm drainage improvements, shall be completed by the Developer in accordance with the
approved utility plans therefor and accepted by the City prior to the issuance of any
certificate of occupancy for any structure on the Property.
10. The Developer shall coordinate building construction activities and
simultaneous installation of public infrastructure improvements in consultation with
appropriate City representatives. In addition, prior to commencement of any construction
activities (including overlot grading) a preconstruction meeting shall be scheduled by the
Developer and held with the City. The Developer and the Developer's architect, engineer,
and general contractor shall attend the meeting.
11. 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 street operations. In addition the Developer is responsible for all
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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).
12. The Developer and the City agree that a Colorado State Highway Access
Permit must be obtained by the Developer prior to the construction of any improvements
in the State Highways (College Avenue and Harmony Road) right-of-way. All
improvements to the State Highway right-of-ways must conform to the approved State
Highway Access Permit and shall be completed prior to the issuance of the first certificate
of occupancy.
13. The Developer and the City agree that a State Highway Access Permit
is required prior to the Developer beginning construction of any improvements to State
Highway 68 (Harmony Road). If a State Highway Access Permit cannot be secured, then
the Developer is fully responsible for all corrective procedures necessary to revise the
development plans, (including, but not limited to, additional public processes) in order to
obtain such permit:. The corrective procedures and the construction of said improvements,
in accordance with the approved utility plans, and acceptance thereof in writing by the City,
shall occur prior to the issuance of the certificate of occupancy.
14. The Developer and the City agree that four (4) traffic signals are planned
to be installed at the intersection of JFK Parkway/Hogan Drive and Harmony Road. The
Developer and the City also agree that a traffic signal is planned to be installed on the east
side of the intersection of College Avenue and Kensington Avenue. During the
development construction period, the City shall install all elements of said signals except
for the mast arms and signal heads. The City shall install the mast arms and signal heads
and activate the signals after appropriate signals warrants are met and after receiving
approval to do so from the State of Colorado District Engineer.
E. Groundwater.
1. The Developer and the City recognize that this development is adjacent
to the Mail Creek irrigation ditch and that seepage from said ditch may impact the ground
water levels in this development. Accordingly, it is agreed that the City shall not be
responsible for and that the Developer hereby indemnifies the City for any claims of
damages or injuries that may be alleged to have been 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.
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.
E