HomeMy WebLinkAboutHARMONY TECHNOLOGY PARK - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-24b. Prior to the issuance of any additional building permits for Celestica, Phase II
or any other future development in the Harmony Technology Park Development all
off -site easements necessary for the conveyance of stormwater between this site
and the Fossil Creek Inlet Ditch, or other acceptable locations, must be obtained,
dedicated to and accepted by the City.
4. The Developer and the City agree that the Developer is obligated to
maintain all on -site storm drainage facilities and all off -site storm drainage facilities
constructed by the Developer to serve this development and outside of the public rights -of -
way.
D. Streets.
1. Subject to the conditions of this Agreement, the City agrees to reimburse
the Developer for oversizing public street improvements along County Road 9 for those
portions of said street abutting the Property as shown on the Utility Plans. Reimbursement
for County Road 9 shall be for oversizing the street from residential (access) standards to
Arterial standards. The City shall make reimbursement to the Developer for the aforesaid
oversized street improvements in accordance with Section 24-121 of the Code of the City.
The Developer agrees and understands that the City shall have no obligation to make
reimbursement payments for street oversizing unless funds for such payments shall first
have been budgeted and appropriated from the Street Oversizing Fund by the City
Council; and the Developer further understands that to the extent that funds are not
available for such reimbursement, the City may not, in the absence of the Developer's
Agreement, require the construction, at the Developer's expense, of any oversized portion
of streets not reasonably necessary to offset the traffic impacts of the development. The
Developer does hereby agree to construct the aforesaid oversized street improvements
with the understanding that the Developer may not be fully reimbursed by the City for the
cost of such construction. The Developer further agrees to accept payment in accordance
with Section 24-121 (d) of the Code of the City as full and final settlement and complete
accord and satisfaction of all obligations of the City to make reimbursements to the
Developer for street oversizing expenses. It is anticipated by the City that the City's
reimbursement, in accordance with Section 24-121 (d), would not be less than fifty percent
(50%) of the Developer's actual expenses incurred and will be calculated in accordance
with the formula as set forth in Section 24-121 (d).
2. It is understood that the streets to be constructed for Harmony Technology
Park, First Filing as described in this Section II(D) are "City improvements" (as defined
below) and, as such, any contract for the construction of the same must be executed in
writing. If the cost of such improvements exceeds the sum of Thirty Thousand Dollars
($30,000), the contract for the construction of the same must be submitted to a competitive
bidding process resulting in an award to the lowest responsible bidder; and evidence must
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be submitted to the City prior to the commencement of the work showing that the award
was given to the lowest responsible bidder. If the cost of such improvements exceeds Fifty
Thousand Dollars ($50,000), the contract for the construction of the improvements must
be insured by a performance bond or other equivalent security. For purposes of this
paragraph, the term "City improvements" shall mean either (1) existing improvements
owned by the City that are to be modified or reconstructed, or (2) any improvements
funded in whole or in part by the City.
Harmony Road ( Colorado State Highway number 68 )
3. It is understood by the Developer and Owner and the City that the Colorado
Department of Transportation will not participate in any cost associated with the traffic
signal at the intersection of Technology Parkway and Harmony Road. Furthermore, the
Developer, Owner and the City agree that the Developer and Owner are responsible for
all costs for the initial installation of the traffic signal at Technology Parkway and Harmony
Road and the traffic signing and striping for this development, as determined in Section
2.12.11 (B) of the Fort Collins Land Use Code.
4. The Developer and Owner understand and agree that changes in the deeded
access control line are being required by the Colorado Department of Transportation who
currently own the access rights along the frontage of the property, except at designated
locations. As a condition of approval of the new street connection ( Technology Parkway)
to Harmony Road the twenty four (24) foot opening at station 175+00, currently being used
as a farm access shall be closed. In addition, as part of the right-of-way deed change
process, a categorical exclusion determination will be required by Federal regulation 23
CFR.620.203. Changing the access deeds will follow a property disposal procedure, and
including a standard appraisal and new deeds. Furthermore, 23 CFR 620.203
(relinquishing) requires the State CDOT to determine that the right-of-way being retained
is adequate, and that the release will not adversely affect the Federal -Aid highway facility
or the traffic thereon.
5. The Developer and Owner understand and agree that access permits must be
issued to authorize changes at any existing accesses to Harmony Road and to add the
new access(Techinology Parkway) along the property frontage. The City of Fort Collins
is the issuing authority and, therefore, is authorized to issue the permit for such access
and to the north leg (existing Hewlett-Packard west access). The Colorado Department
of Transportation shall issue access permits to any existing facilities. In addition, the
developer agrees not to begin any road work on Harmony Road until the Utility Plans for
said road have been approved by the State and City. Furthermore, the Developer and the
Owner agree that prior to the issuance of the Certificate of Occupancy for any building in
this development, the changes to the Access Control Plan and the 'A Line" must first have
been amended by the State of Colorado and the City.
6. The Developer and the Owner acknowledge that a condition to the approval of
a four-way, lighted traffic signal at the intersection of Harmony Road and Technology
Parkway by the Colorado Department of Transportations requires certain public
improvements to the existing Harmony Road, and that such improvements may require the
dedication by the Developer and the Owner of additional right-of-way. To the extent either
of them own property on which additional right-of-way is required, the Developer and
Owner hereby agree to dedicate such additional right-of-way. In addition, the Developer
and Owner agree to design and complete the construction of requisite improvements for
the Harmony Technology Park First Filing, as determined by the Developer and Owner,
the City and the Colorado Department of Transportation to Harmony Road and to cause
the said intersection signal to be installed at Harmony Road and Technology Parkway.
All Harmony Road improvements shall be completed and accepted by the City and the
Colorado Department of Transportation , and all improvements to County Road Nine (9)
( as set forth in the Utility Plans) shall be completed and accepted by the City prior to the
issuance of the Certificate of Occupancy for any building within the development. In
addition, the Developer and the Owner agree that the City or the Colorado Department of
Transportation is not responsible for the costs associated with the Harmony Road
improvements as shown in the Utility Plans; provided however, if the Developer or Owner
is eligible for such reimbursement pursuant to the Code of the City , the Developer and/or
Owner shall retain the right to seek and receive such reimbursement.
7. The Owner and the Developer agree that no work shall be performed in the
Harmony Road right of way until a state highway access permit for said highway is
approved by the Colorado Department of Transportation.
8. The Developer and the City agree that the Developer shall be responsible for
obtaining the appropriate State of Colorado permits for the installation and construction
of the water line bore under Harmony Road.
E. Ground Water
1. The City shall not be responsible for, and the Developer hereby agrees
to indemnify and hold harmless the City against, any damages or injuries sustained in the
development as a result of ground water seepage or flooding, structural damage, or other
damage unless such damages or injuries are sustained as a result of the City's failure to
properly maintain its storm drainage facilities in the development. The City agrees to give
notice to the Developer of any claim made against it to which this indemnity and hold
harmless agreement by the Developer could apply, and the Developer shall have the right
to defend any lawsuit based on such claim and to settle any such claim provided
Developer must obtain a complete discharge of all City liability through such settlement.
Failure of the City to give notice of any such claim to the Developer within ninety (90) days
after the City first receives notice of such claim under the Colorado Governmental
Immunity Act for the same, shall cause this indemnity and hold harmless agreement by the
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Developer to not apply such claim and such failure shall constitute a release of this
indemnity and hold harmless agreement as to such claim.
F. Hazards and Emergency Access
1. Prior to beginning any building construction, and throughout the buildout
of this development, the Developer shall provide and maintain at all times an accessway
to said building. Such accessway 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 accessway shall be improved
to a width of at least twenty (20) feet in width with a minimum of four (4) inches of
aggregate base course material compacted to according to City Standards and with an 80
foot diameter turnaround at the building end of said accessway. The turnaround is not
required if an exit point is provided at the end of the accessway.
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, comply with the requirements of Chapter 20
Article IV of the Code of the City regarding dirt, debris and construction waste.
C. The Developer hereby agrees, for itself and its agents, contractors and
subcontractors, to cooperate with the City's construction inspectors by ceasing operations
and/or implementing mitigation measures when winds are of sufficient velocity to create
blowing dust which the inspector determines constitutes a nuisance or public health or
safety hazard, or violates any permit conditions.
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 Plat and Utility Plans and Site and Landscape Plans 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
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of the City Code, and the Developer agrees to comply with all requirements of the same
F. In the event either party waives any breach of this Agreement, no such waiver
shall be held or construed to be a waiver of any subsequent breach hereof.
G. Financial obligations of the City of Fort Collins payable after the current fiscal
year and/or not appropriated or budgeted are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available by the Fort Collins City Council.
H. This Agreement shall run with the Property and shall be binding upon and inure
to the benefit of the parties hereto, their respective personal representatives, heirs,
successors, grantees and assigns. It is agreed that all improvements required pursuant
to this Agreement touch and concern the Property regardless of whether such
improvements are located on the Property. Assignment of interest within the meaning of
this paragraph shall specifically include, but not be limited to, a conveyance or assignment
of any portion of the Developer's legal or equitable interest in the Property, as well as any
assignment of the Developer's rights to develop the Property under the terms and
conditions of this Agreement.
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.
I. 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 thirty (30) 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.
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.
J. This Agreement shall not be construed as or deemed to be an agreement for the
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benefit of any third party or parties, and no third party or parties shall have any right of
action hereunder for any cause whatsoever.
K. 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.
L. 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
Developer: Celestica Colorado, Inc.
Attn: Kevin Oliver
3450 E. Harmony Road, MS D6
Fort Collins, CO. 80525
With a copy to: Holme, Roberts and Owen
Attn: Robert H. Bach
1700 Lincoln Street
Suite 4100
Denver, CO. 80203-4541
Owner: Hewlett-Packard Company
Attn: Mr. Robert Shuffler
3450 E. Harmony Road, MS10
Fort Collins, CO. 80525
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With a copy to: Dwyer, Huddleson and Ray, P.C.
Attn: David E. Dwyer, Esq.
215 West Oak St. Tenth Floor
Fort Collins, CO. 80521
Notwithstanding the foregoing, if either/ any party to this Agreement, or their successors,
grantees or assigns, wishes to change the person, entity or address to which notices under
this Agreement are to be sent as provided above, such party shall do so by giving the
other parties to this Agreement written notice of such change.
M. When used in this Agreement, words of the masculine gender shall include the
feminine and neuter gender, and when the sentence so indicates, words of the neuter
gender shall refer to any gender; and words in the singular shall include the plural and vice
versa. This Agreement shall be construed according to its fair meaning, and as if prepared
by all parties hereto, and shall be deemed to be and contain the entire understanding and
agreement between the parties hereto pertaining to the matters addressed in this
Agreement. There shall be deemed to be no other terms, conditions, promises,
understandings, statements, representations, expressed or implied, concerning this
Agreement, unless set forth in writing signed by all of the parties hereto. Further,
paragraph headings used herein are fore convenience of reference and shall in no way
define, limit, or prescribe the scope or intent of any provision under this Agreement.
N. The Owner is made a party to this Agreement solely for the purpose of subjecting the
Property to the covenants contained in this Agreement. The City and the Developer
expressly acknowledge and agree that the Owner shall not be liable for any obligations of
the Developer under this Agreement, unless the Owner were to assume in writing any of
the rights of the Developer in which event the obligations so assumed of the Developer
shall become those of the Owner.
ATTEST:
City Clerk
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
Bv:
City Manager
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the Developer under this Agreement, unless the Owner were to assume in writing
any of the rights of the Developer in which event the obligations so assumed of the
Developer shall become those of the Owner.
ATTEST:
City Clerk
APPROVED AS TO CONTENTS:
Director of
APPROVED S TO FORM:
Deputy City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: e 0-
City nager
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DEVELOPER:
Celestica Colorado, Inc.
Celestica Colorado, Inc.
A.P. Puppi
Title: Chief Financial Officer
OWNER:
Hewlett-Packard Company, a California Corporation
By:
i bert Shuffler
`Title: Manager
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EXHIBIT "A'
Not Applicable
EXHIBIT "B"
Not Applicable
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EXHIBIT "C"
Utility Plans
Water Lines, Sanitary Sewer, Storm Sewer, Site Grading, Erosion Control and Street
Construction improvements as shown on City approved Utility Plans for Harmony
Technology Park, First Filing dated 1998.
Site and Landscape Plans
Site and Landscape Plans dated4.AAAI�. 1998.
Standards and Specifications
The City of Fort Collins criteria to be used in the design and construction of Streets,
Water Lines, Sanitary Sewer Lines, Storm Sewer Lines, Site Grading, and Erosion
Control.
Plat
Harmony Technology Park First Filing dated A 199V,7
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 5_�_L day of 199tiob,
by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Cor an,
hereinafter referred to as the "City" and Celestica Colorado, Inc. a Colorado Corporation,
hereinafter referred to as the "Developer" and Hewlett-Packard Company, a California
corporation, hereinafter referred to as the "Owner'.
WITNESSETH:
WHEREAS, the Developer has entered into an agreement with the Owner to
acquire ownership 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 Technology Park, First Filing, located in the Northwest 1/4 of Section
4, Township 6 North, Range 68 West of the 6th P.M., City of Fort Collins, County
of Larimer, State of Colorado.
WHEREAS, the Developer desires to develop the Property and has submitted to
the City a subdivision plat and/or a site plan and landscape plan, a copy of which is on file
in the office of the City's Director of Engineering and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City utility plans for the
Property, a copy of which is on file in the office of the Director of Engineering and made
a part hereof by reference; and
WHEREAS, the Developer and the City 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:
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 the Property caused by, or on behalf of, the Developer with the intent to
construct improvements thereon.
B. To the extent that the developer or owner is responsible for installation of water
lines, sanitary sewer collection lines, stormsewer lines and facilities, streets, curbs, gutters,
sidewalks, and bike paths shall be installed as shown on the approved utility plans, as
identified on the attached Exhibit "C" (the "Utility Plans") 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 ( The "Standards and Specifications"), subject to a three (3) year time limitation from
the date of execution of this Agreement. In the event that the Developer commences or
performs any construction pursuant hereto after three (3) years from the date of execution
of this agreement, the Developer shall resubmit the project utility plans to the Director of
Engineering for reexamination. The City may require the Developer to comply with
approved standards and specifications of the City on file in the office of the Director of
Engineering at the time of resubmittal.
C. No building permit for the construction of any structure within the development
shall be issued by the City until the public water lines, fire hydrants, sanitary sewer lines,
and public streets (including curb, gutter, sidewalk and pavement with at least the base
course completed) serving such structure have been completed and accepted by the City.
Notwithstanding 'Ihe foregoing, the Developer shall be entitled to receive a footing and
foundation permit for the construction of improvements within the development upon the
installation of adequate, emergency access to provide fire protection and other emergency
services to the site. No building permits shall be issued for any structure located in excess
of six hundred and sixty feet (660') from a single point of access.
Except as otherwise herein specifically agreed, the Developer agrees to install and pay
for water, sanitary sewer, and storm drainage facilities and appurtenances, and streets,
curbs, gutters, siidewalks, bikeways and other public improvements required by this
development as shown on the approved plat, (as identified on Exhibit "C", the "Plat") site
and landscape plans,(as identified on Exhibit"C", the "Site and Landscape Plans") and
Utility Plans.
D. Street improvements (except curbs, gutters and walks) shall not be installed until
all utility lines required in connection with the Developers initial development of the
property, to be placed therein have been completely installed, including all individual lot
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service lines leading in and from the main to the property line.
E. 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 Utility Plans and Standards and Specifications as
applicable to such installation. In case of conflict, the Utility Plans shall supersede the
Standards and Specifications.
F. 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 (but not
to include any details of such plans, which details shall be the responsibility of the
Developer); (3) specific directives that may be given to the Developer by the City and (4)
other causes not within the reasonable control of the Developer, but not to include acts of
nature. 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.
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 has engaged a Colorado licensed
professional engineer (Sear/Brown) 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.
K,
G. 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.
H. 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.
I. 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,
unless caused by acts or omissions of the City. 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
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release of this indemnity and hold harmless agreement as to such claim.
J. Notwithstanding any reference, statement or anything else to contrary in this
Agreement, the Owner's sole obligation or liability hereunder shall be limited as set forth
in Section III.
II. Special Conditions
A. Water Lines
1. The City shall reimburse the Developer for the installation of the steel casing
across Harmony Road. The Developer shall submit written documentation within sixty (60)
days after completion of the work indicating the cost of said work (i.e. copies of bids from
the contractor/subcontractor which include quantities and unit prices) and evidence that
final payment has been made to the contractor/subcontractor. Failure of the Developer
to submit such documentation within the sixty (60) day period shall not impair the ability
of the Developer to be reimbursed by the City. Furthermore, the City shall reimburse the
Developer within sixty (60) days after the Developer has submitted said documentation
and the City has verified such documentation as provided by the Developer.
Water main lines, stubs, fire lines and fire hydrants shall installed, tested and initially
accepted by the City as required by the current City Criteria and Standards and
Specifications.
B. Sewer Lines
1. The wastewater lift station which is being installed as part of this development
will be a private lift station which will not be owned nor maintained by the City.
2. No customers (other than Celestica and the Harmony House (CASA)) may
connect to the lift station, described in paragraph 1 above.
3. All sanitary sewer lines and stubs within this development shall be installed,
tested and initially/conditionally accepted by the City as required by the current City
Criteria and Standards and Specifications.
4. The sanitary sewers upstream from the private lift station shall initially be private.
In the future, however, if it becomes possible for this development to connect to a (future)
gravity sewer, the Developer or current owner of this facility must make connection to the
gravity sewer and discontinue operation of the lift station. When the (future) work is
completed and accepted by the City, the eight (8) inch sanitary sewer upstream of the lift
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station (except for building sewers) shall be dedicated to the City and will be owned and
maintained by the City. In addition, easements for these sewers shall be dedicated to the
City prior to acceptance of the onsite sanitary sewers.
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 Utility Plans, shall be completed by the
Developer in accordance with the Utility Plans prior to the issuance of any certificate of
occupancy for 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 the Utility Plans. Said
certification shall be submitted to the City at least two weeks prior to the date of issuance
of any certificate of occupancy for the development.
2. The Developer agrees to provide and maintain erosion control
improvements as :shown on the 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 $55,508.00 prior to beginning construction to guarantee the proper installation
and maintenance of the erosion control measures shown on the approved utility plans for
this development. Said security deposit(s) shall be made in accordance with the criteria
set forth in the City's Storm Drainage Design Criteria and Construction Standards
(Criteria). If, at an,y time, the Developer fails to abide by the provisions of the Utility Plans
or the Criteria, and such failure is not remedied within ten (10) days after notice from the
City, the City may enter upon the Property for the purpose of making such improvements
and undertaking such activities as may be necessary to ensure that the provisions of said
plans and the Criteria are properly enforced. The City may apply such portion of the
security deposit(s) as may be necessary to pay all costs incurred by the City in undertaking
the administration, construction, and/or installation of the erosion control measures
required by the Utility 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 throughout the buildout of this development.
3. The Developer and the City agree that the storm drainage system for this
development contains some features that make it important to construct the facilities in
accordance with the Utility Plans and to ensure that the facilities are maintained and kept
operational throughout the buildout of this development. For this reason the following
additional requirements shall be followed :
a. The off -site swale and berming improvements shown on the Utility Plans shall
be built and certified by a licensed Colorado professional engineer prior to the
issuance of a Certificate of Occupancy for this development.
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