Loading...
HomeMy WebLinkAboutHORSETOOTH COMMONS PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-01DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 16 day of November, A.D. 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipals Corporation, hereinafter referred to as "the City," and Center Ventures Inc., a Colorado Corporation, hereinafter referred to as "the Developer." 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: Tract A, Horsetooth Commons P.U.D. a Subdivision of the City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the developer desires to develop said 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 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 i,nprovenents 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 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 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. 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 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. -10- THE CITY OF FORT COLLINS, COLORADO A Muryici�pal Corporation By: Au; City Manager ATTEST: Cit� Clerk APPROVED AS TO FORM: �c..f,,, / Ci En e r� City Attorney BY: Center Ventures, Inc., a Colorado Corporation B.. y Debbra C. Tamlih, President ATTEST: .32 EXHIBIT "A" 1. Schedule of water lines to be installed out of sequence. Not Applicable. 2. Schedule of sanitary sewer lines to be installed out of sequence. Not Applicable. 3. Schedule of street improvements to be installed out of sequence. Not Applicable. 4. Stottn drainage improvements to be installed out of sequence. Not Applicable. -12- EXHIBIT "B" The Development Agreement for Tract A, Horsetooth Commons P.U.D. This exhibit does not apply to this development. COST ESTIMATE FOR MAJOR DRAINAGE INPROVEhIEITS 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. 2 Sub —Total Channel excavation, detention pond excavation and riprap Sub -Total L.f. Ea. Ea. S Ea. Ea. S S C.Y� S /C.Y. $ C.Y. $/C.Y. $ C.Y. S /C.Y. $ 0 EXHIBIT B - Page 2 ITEM DESCRIPTION 3• Right -of -may & easement acquisition (a) (b) Sub -Total 4. (a) Professional Design Other QUA`:TITY _UNIT COST TOTAL COST _ S.F. 5 /S.F. $ __Ac. S /Ac. $ 5 Lump Sum 5 Total estimated cost of Storm Drainage improvements eligible for credit or City repayment 5 Prepared by: Title: Address: DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of February, 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, ("the City,") and KARG TNVESTMENT CO., a General Partner- ship, ("the Developer,"). WITNESSETH: 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: Residences at Horsetooth Commons P.U.D., being a por- tion of Horstooth Commons, located in Southeast Quar- ter of Section 27, 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 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 util- ity 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 improvements primarily of benefit to the lands to he 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 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 thie 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 -2- 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 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 excess 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 -3- sewer and storm sewer facilities and appurtenances, and 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. In 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 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 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 -4- and hold harmless the City from any and all claims that might arise, directly or indirectly, as a result of the discharge of in.jurious 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 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 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 -5- construction of utilities 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 adequacy of which is hereby acknowledged, it is agreed as follows: 1. General Conditions. A. The terns of this Agreement shall govern all development activities of the Developer pertaining to the subject property described above. 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 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 -2- the estimated cost of the improvements on the attached Exhibit "B", which improvements shall include right of way, design and construction costs. J. The Developer shall provide the City Engineer with certi- fied Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. 2. Special Conditions. A. Water lines. Not Applicable B. Sewer lines. Not Applicable C. Storm drainage lines and appurtenances. (i) No more then 4 building permits shall be issued by the City until the Developer has completed all storm drainage facilities and appurtenances on and off site of this development as shown on the Utilities Plans on file in the City Engineer's Office, and has obtained the City's approval thereof. These improvements specifically include, but not be lim- ited to, the storm sewer parallel to Shields Street. Portions of said storm sewer are eligible for credit and repayment from the Storm Drainage Fund, provid- ing the provisions of Chapter 93 or the Code of the City of Fort Collins are satisfied. (ii) The Developer agrees to revegetate and provide all other reasonable erosion control material as required by the City to stabilize all over -lot grad- ing in, and adjacent to this development. The ero- sion control measures must be completed by the Developer and accepted by the City prior to the issuance of more then 4 building permits. D. Streets (i) The City agrees to reimburse the Developer for over - sizing Richmond Drive from the local street standard to a Collector Street standard, in accordance with Chapter 99 of the Code of the City of Fort Collins. (ii) When payment is requested by the Developer, the City's obligation for payment shall be limited to those funds then hudgeted, appropriated, and avail- able by the City for that development or work then completed. 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 night -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 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 -7- 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 erodable 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 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 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 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- 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 terms and con- ditions of this Agreement occurring after the date of any such transfer of interest. M 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 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. -10- THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By C City Manager LiL�„City werK �.• �. APPROVED AS TO FORM: ity n i eer 1 Wyv�ttorney Developer: KARG INVESTMENT CO., a General PartnersJ�ip By Ke oodman, General Partner By: Jerry; <ar neral Partner age EXHIBIT "A" 1. Schedule of water lines to be installed out of sequence. Not Applicable. 2. Schedule of sanitary sewer lines to be installed out. of sequence. Not Applicable. 3. Schedule of street improvements to be installed out of sequence. Not applicable. 4. Storm drainage improvements to be installed out of sequence. Not applicable. -12- n EXHIBIT "B" COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS The Development Agreement for Horsetooth Commons includes only those major storm drainage basin improvements required by the adopted Foothills Basin Master Plan as follows: ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 1. Storm sewer, manholes, end sections, etc. (a) Remove & replace shrub on Clark's property 1 Ea. 200/Ea. $ 200 (b) Remove concrete plugs 1 Ea. 150/Ea. 150 (c) Sawcut & remove existing walk, curb & gutter 30 L.F. 4/L.F. 120 (d) Remove existing asphalt 85 S.Y. 4/S.Y. 340 (e) Remove & reset fence 40 L.F. 7.50/L.F. 300 (f) 36" RCP Type III 776 L.F. 85/L.F. 65,960 (g) 42" RCP Type III 69 L.F. 100/L.F. 6,900 (h) 6' diameter mannole 1 Ea. 2,250/Ea. 2,250 (i) Lower 8" water 1 Ea. 1,500/Ea. 1,500 (j) Lower gas services 2 Ea. 300/Ea. 600 (k) Lower water services 2 Ea. 300/Ea. 600 (1) Replace pavement 85 S.Y. 10/5.Y. 850 (m) Replace cure 30 L.F. 8/L.F. 240 (n) Replace sidewalk 210 S.F. 2/S.F. 420 (o) Sod 8,000 S.F. 0.16/S.F. 1,280 (p) Relocat- ,,eter pit 1 Ea. 500/Ea. 500 (q) 36" Concrete Plug 1 Ea. 500/Ea. 500 (r) Area inlet 1 Ea. 2,500/Ea. 2,500 Sub -Total $ 85,210 2. Right-of-way i easement acquisition (a) From Clarks (b) From Progressive Living Structures Subtotal 3. Professional Engineering Services (a) Design Engineering (b) Construction Engineering & Staking Subtotal 0.12 Ad. $10,000/Ac. 1,200 0.18 Ad. $10,000/Ac. 1,800 $ 3,000 Lump Sum 6,500 Lump Sum 3,500 $ 9,000 EXHIBIT "B" - Page 2 ITEM DESCRIPTION QUANTITY 4. Other (a) Contingency (10%) Total estimated cost of Storm Drainage improvements eligible for credit or City repayment. Prepared by: Address: V1761 Y , L `iCY51/' UNIT COST TOTAL COST Lump Sum 9,798 $107,781 Title: fm Ld-e4t DFVELOPMENT AGP.EEMFNT TV` THIS AGREEMENT, made and entered into this day of November, A.D. 1987, by and hetween THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter_ referred to as "the City," and Center_ VP_Tatjre5 Inc., a Colorado Corporation, hereinafter referred to as "the Developer." ♦ Tllle cevru 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: Tract A, Horsetooth Commons P.U.D. a Subdivision of the City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the developer_ desires to develop said 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 Fngineer 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 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 rrxluirenents and conditions which involve the installation of and 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. 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 excess 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 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. E. 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 public -3- construction of atili_tiea 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 adequacy 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 Agreement, "development activities" shall include, bat 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. R. All water lines, sanitary sewer collection lines, stop❑ 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 corrunences or perfonns any construction pursuant hereto after two (2) years from the date of execution of this agreement, the Developer -2- 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 resubTlit tal . C. No building perait 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 keen completed and accepted by the City. No building p=Waits shall be issued for any structure located in excess 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 deternined 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. E. 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 public -3- 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 fran the main to the property line. G. The installation of all utilities shown on the utility drawings shall be inspected by the Engineering Department of the City and shall be subjected to such depart,nent'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 supercede the standard specifications. ?. All -torn 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, a MI directly or indirectly, as a result of the discharge of injurious storm drainage or seepage waters from the development in a manner or guantity different frrxn 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 ro(nissions of the City in maintenance of such facilities as 11a1,71) b':x•n accepted by the City for maintenance; (2) errors, i` any, in the general concept of the City's master plans (hut 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 he intended For the benefit of the City, and subsequent purchasers of property in the development. 1. The Developer shall pay storm drainage basin fees in accordance with Chapter 26, Article VTI of the City Code. Storm drainage improvements eligible for credit or City repayment under provisions of Chapter 26 are described together with the estimated cost of the improvements on the attached Exhibit "B", which improvements shall include right -5- of way, design and constriction costs. See Section 2.C, Special Conditions, Stonn Drainage Lines and Appurtenances, for specific instructions. .7. The Developer shall provide the City Emineer with certified Record Utility Drawing Transparencies on Black Tmage Diazo Reverse Mylars upon completion of any phase of the construction. 2. Special Conditions. A. Water lines. Not Applicable B. Sewer lines. Not Applicable C. Storm drainage lines and appurtenances. (i) The Developer agrees to revegetate and provide all other reasonable erosion control material as required I y the City to stabilize all over -lot grading in, and adjacent to this development. The erasion control measures must be completed by the Developer and accepted by the City prior to the issuance of any huilding permit for this development. (ii) The Developer and the City agree that all stonn drainage improvements shall be completed by the Developer prior_ to the issuance of a certificate of occupancy. (iii) The maintenance of all on -site storm drainage facilities shall be the perpetual responsibility of the Developer. D. Streets. (i) The Developer and the City agree that no street over - sizing reimbursement is due the Developer for this development. -6- (ii) All. streetimprovements required for this development, shown on the approved utility plans on file in the City Engineer's office, shall be completed Dr-ior b the issuance of a certificate of occupancy. 3. Miscellaneous A. The Developer agrees to provide and install, at his expense, ade(luate barricades, warning signs and similar safety devices at all constriction 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 puhlic 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 oy4uipment, machinery, and surplas 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 con traction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy .)nH-l- 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 -7- 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 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. Temporary or permanent erosion control_ shall be. incorporated into the subdivision at the earliest practicable time. By way of expla- nation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions, and/or other devices. 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 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. Tn 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. 1. 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. Assigntient of interest within the meaning of this paragraph shall specifically include, but not be limited to, a conveyance or assi.gnnent of any portion of the Developer's real or proprietary interest in the real property herein after described, as well as any assignment of the Developer's rights to develop such property under the terns 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 equitable 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 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 terns of this agreement. 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. Tn 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. L. Tn the event of default of any of the provisions hereof by either party which shall require the party not in default to camience 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 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. -10- THE CITY OF FORT COLLINS, COLORADO A Munlici pal Corporraatio By: z C�N �l City Manager ATTEST: APPROVED AS TO FORM: BY: Center Ventures, Inc., a Colorado Corporation 40 Debbra Tamlin, President ATTEST: .32 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 Department 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 anal/or specifications applicable to such installation. In case of conflict, the utility drawings shall supercede 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 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, -4- EMTBIT "A" 1. Schedule of water lines to be installed 0.11: of sequence. Not Applicable. 2. Schedule of sanitary sewer lines to be installed out or sequence. Not Applicable. 3. Schedule of street improvements to be installed out of sequence. Not Applicable. 4. Stonn drainage imrprovements to be installed out of sequence. Not Applicable. -12- DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this lVl day of February, 1987, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, ("the City,") and KARG INVESTMENT CO., a General Partner- ship, ("the Developer,"). WITNESSETH: 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: Residences at Horsetooth Commons P.U.D., being a por- tion of Horstooth Commons, located in Southeast Quar- ter of Section 27, 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 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 util- ity 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 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 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 -2- 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 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. to 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 excess 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 -3- sewer and storm sewer facilities and appurtenances, and 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. In 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 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 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 -4- 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 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 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 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 -5- the estimated cost of the improvements on the attached Exhibit "B", which improvements shall include right of way, design and construction costs. J. The Developer shall provide the City Engineer with certi- fied Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. 2. Special Conditions. A. Water lines. Not Applicable B. Sewer lines. Not Applicable C. Storm drainage lines and appurtenances. (i) No more then 4 building permits shall be issued by the City until the Developer has completed all storm drainage facilities and appurtenances on and off site of this development as shown on the Utilities Plans on file in the City Engineer's Office, and has obtained the City's approval thereof. These improvements specifically include, but not be lim- ited to, the storm sewer parallel to Shields Street. Portions of said storm sewer are eligible for credit and repayment from the Storm Drainage Fund, provid- ing the provisions of Chapter 93 of the Code of the City of Fort Collins are satisfied. (ii) The Developer agrees to revegetate and provide all other reasonable erosion control material as required by the City to stabilize all over -lot grad- ing in, and adjacent to this development. The ero- sion control measures must be completed by the Developer and accepted by the City prior to the issuance of more then 4 building permits. D. Streets (i) The City agrees to reimburse the Developer for over - sizing Richmond Drive from the local street standard to a Collector Street standard, in accordance with Chapter 99 of the Code of the City of Fort Collins. 10 (ii) When payment is requested by the Developer, the City's obligation for payment shall be limited to those funds then hudgeted, appropriated, and avail- ab'= by the City for that development or work then completed. 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 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 -7- 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 erodable 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 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. ME 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 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- 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 terms and con- ditions of this Agreement occurring after the date of any such transfer of interest. 20 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 (bat 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, and subsequent purchasers of property in the development. T. 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 provisions of Chapter 26 are described together with the estimated cost of the improvements on the attached Exhibit "B", which improvements shall include right -5- 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 requi-e 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 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. -10- APPROVED AS TO FORM: sty n i eer THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By City Manager y orney Developer: KARG INVESTMENT CO a General/Partners LA ra By: Jerry <ar ner Partner —11— EXHIBIT "A" 1. Schedule of water lines to be installed out of sequence. Not Applicable. 2. Schedule of sanitary sewer lines to be installed out of sequence. Not Applicable. 3. Schedule of street improvements to be installed out of sequence. Not applicable. 4. Storm drainage improvements to be installed out of sequence. Not applicable. -12- 0 COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS The Development Agreement for Horsetooth Commons includes only those major storm drainage basin improvements required by the adopted Foothills Basin Master Plan as follows: ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST 1. Storm sewer, manholes, end sections, etc. (a) Remove & replace shrub on Clark's property 1 Ea. 2CC/Ea. $ 200 (b) Remove concrete plugs 1 Ea. 150/Ea. 150 (c) Sawcut & remove existing walk, curb & gutter 30 L.F. 4/L.F. 120 (d) Remove existing asohait 85 S.Y. 4/S.Y. 340 (e) Remove & reset fence 40 L.F. 7.50/L.F. 300 (f) 36" RCP Type III 776 L.F. 85/L.F. 65,960 (g) 42" RCP Type III 69 L.F. 100/L.F. 6,900 (h) 6' diameter manhole 1 Ea. 2,250/Ea. 2,250 (i) Lower 8" water 1 Ea. 1,500/Ea. 1,500 (j) Lower gas services 2 Ea. 300/Ea. 600 (k) Lower water services 2 Ea. 300/Ea. 600 (1) Replace pavement 85 S.Y. to/S.Y. 850 (m) Replace curb 30 L.F. 8/L.F. 240 (n) Replace sidewalk 210 S.F. 2/S.F. 420 (o) Sod 8,000 S.F. 0.16/S.F. 1,280 (p) Relccat- iieter pit 1 Ea. 5CO/Ea. 500 (q) 36" Concrete Plug 1 Ea. 500/Ea. 500 (r) Area inlet 1 Ea. 2,500/Ea. 2,500 Sub -Total $ 85,210 2. Right-of-way & easement acquisition (a) From Clarks 0.12 Ac. $10,000/Ac. 1,200 (b) From Progressive Living Structures 0.18 Ac. $10,000/Ac. 1,800 Subtotal $ 3,000 3. Professional Engineering Services. (a) Design Engineering Lump Sum 6,500 (b) Construction Engineering & Staking Lump Sum 3,500 Subtotal $ 9,000 EXHIBIT "E" - Page 2 ITEM DESCRIPTION QUANTITY 4. Other (a) Contingency (10%) Total estimated cost of Storm Drainage improvements eligible for credit or City repayment. Prepared by: C Address: �'„ ( ✓1 Gr1Y1 F�'�l`�'G q RR J rr J I G' IlC X 5 �b �r �s�� 4GS5C UNIT COST TOTAL COST Lump Sum 9,798 $107,781 Title: %PSjj'4 f of way, design and construction costs. See Section 2.C, Special Conditions, Storm Drainage Lines and Appurtenances, for specific instructions. J. 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. Water lines. Not Applicable B. Sewer lines. Not Applicable C. Storm drainage lines and appurtenances. (i) The Developer agrees to revegetate and provide all other reasonable erosion control material as required by the City to stabilize all over -lot grading in, and adjacent to this development. The erosion control measures must be completed by the Developer and accepted by the City prior to the issuance of any building permit for this development. (ii) The Developer and the City agree that all storm drainage improvements shall be completed by the Developer prior to the issuance of a certificate of occupancy. (iii) The maintenance of all on -site storm drainage facilities shall be the perpetual responsibility of the Developer. D. Streets. (i) The Developer and the City agree that no street over - sizing reimbursement is due the Developer for this development. (ii) All street improvements required for this development, shown on the approved utility plans on file in the City Engineer's office, shall be completed prior to the issuance of a certificate of occupancy. 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 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 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 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 -7- 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 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. Temporary or permanent erasion control shall be incorporated into the subdivision at the earliest practicable time. By way of expla- nation 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 and related documents, 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. am 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 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, a conveyance or assignment of any portion of the Developer's real or proprietary interest in the real property herein after described, as well as any assignment of the Developer's rights to develop such property under the terns 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 equitable 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 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. K. Each and every tern and condition of this Agreement shall be deemed to be a material element thereof. In the event either �E