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HomeMy WebLinkAboutNORTH LEMAY SECOND REPLAT - Filed DA-DEVELOPMENT AGREEMENT - 2004-01-05SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this. Aw day of 1 A.D. 198y, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and LBP, Limited Partnership and LK Associates, hereinafter referred to as "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: Replat of North Lemay Subdivision, 2nd Filing, located in the Northeast 1/4 of Section 12, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, LBP, a Limited Partnership, is the owner of Lots j�21_Y of said North Lemay Subdivision, Second Filing; and WHEREAS, LK Associates is the owner of Lots y��_ + _ "_______ of said North Lemay Subdivision, Second Filing; and WHEREAS, the two developing entities are referred to in this Agreement as the "Developer" notwithstanding that said entities are not joint ven- turers together in the development of said lands; and WHEREAS, it is the purpose of this Agreement to establish the several and mutual obligations of the parties hereto with the understanding that certain of the obligations of the parties relate solely to the development of the separate lands owned by each party hereto and that said obligations should be those of the party owning such lands and not the joint obligation of both developing entities, while other obligations are not separable by DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 19910 , by and between the CITY OF FORT COLLINS, COLD D0, a Municipal Corporation, hereinafter referred to as the "City"; and ANTHONY J. KAWULOK, an individual, and ALINE A. KAWULOK, an individual, collectively hereinafter referred to as the "Developer". WITNESSETH: WHEREAS, the Developer is the owner of certain real property situated in the County of Larimer, State of Colorado, (hereafter referred to as the "Property") and legally described as follows, to wit: LOT 4 OF THE REPLAT OF NORTH LEMAY SUBDIVISION, 2nd FILING (225 N. LEMAY AVENUE WAREHOUSE), situate in the Northeast 1/4 of Section 12, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop the Property and has submitted to the City a subdivision plat and/or a site plan and landscape plan, a copy of which is on file in the office of the City's Director of Engineering and made a part hereof by reference; and WHEREAS, the Developer has further submitted to the City utility plans for the Property, a copy of which is on file in the office of the Director of Engineering and made a part hereof by reference; and WHEREAS, the parties hereto have agreed that the development of the Property will require increased municipal services from the City in order to serve such area and will further require the installation of certain improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, the City has approved the subdivision plat and/or site plan and landscape plan submitted by the Developer,subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with the Property. NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is agreed as follows: I. General Conditions A. The terms of this Agreement shall govern all development activities of the Developer pertaining to the Property. For the purposes of this Agreement, "development activities" shall include, but not be limited to, the following: (1) the actual construction of improvements, (2) obtaining a building permit therefor, or (3) any change in grade, contour or appearance of said property caused by, or on behalf of, the Developer with the intent to construct improvements thereon. B. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the Council -approved standards and specifications of the City on file in the office of the Director of Engineering at. the time of approval of the utility plans relating to the specific utility, subject to a three (3) year time limitation from the date of execution of this Agreement. In the event that the Developer commences or performs any construction pursuant hereto after three (3) years from the date of execution of this agreement, the Developer shall resubmit the project utility plans to the Director of Engineering for reexamination. The City may require the Developer to comply with approved standards and specifications of the City on file in the office of the Director of Engineering at the time of resubmittal. C. No building permit for the construction of any structure within the development shall be issued by the City until the water lines, fire hydrants, sanitary sewer lines, and public streets, as shown on the approved utility plans for this development, serving such structure have been completed and accepted by the City. Notwithstanding the foregoing, the Developer shall be entitled to receive a focting and foundation permit for the construction of improvements within the development upon the installation of adequate water lines, fire hydrants, and street access to provide fire protection and other emergency services to the site. No 2 building permits shall be issued for any structure located in excess of six hundred and sixty feet (6601) from a single point of access. D. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A," attached hereto, shall be installed within the time and/or sequence required on Exhibit "A." If the Director of Engineering has determined that any water lines, sanitary sewer lines, storm drainage facilities and/or streets are required to provide service or access to other areas of the City, those facilities shall be shown on the utility plans and shall be installed by the Developer within the time as established under "Special Conditions" in this document. E. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary sewer, and storm drainage facilities and appurtenances, and all streets, curbs, gutters, sidewalks, bikeways and other public improvements required by this development as shown on the approved plat, site, landscape and utility plans, and other approved documents pertaining to this development on file with the City. F. Street improvements (except curbs, gutters and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all individual lot service lines leading in and from the main to the property line. G. The installation of all utilities shown on the utility plans shall be inspected by the Engineering Department of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plans and/or specifications applicable to such installation. In case of conflict, the utility plans shall supersede the standard specifications. H. All storm drainage facilities shall be so designed and constructed by the Developer as to protect downstream and adjacent properties against injury and to adequately serve the Property (and other lands as may be required, if any). The Developer shall meet or exceed the minimum requirements for storm drainage facilities as have been established by the City in its Drainage Master Plans and Design Criteria. The Developer does hereby indemnify and hold harmless the City from any and all claims that might arise, 9 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); and (3) specific directives that may be given to the Developer by the City. Approval of and acceptance by the City of any storm drainage facility design or construction shall in no manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid indemnification. The Developer shall engage a Colorado licensed professional engineer to design the storm drainage facilities as aforesaid and it is expressly affirmed hereby that such engagement shall be intended for the benefit of the City, and subsequent purchasers of property in the development. I. The Developer shall pay storm drainage basin fees in accordance with Chapter 26, Article VII of the City Code. Storm drainage improvements eligible for credit or City repayment under the provisions of Chapter 26 are described together with estimated cost of the improvements on the attached Exhibit "B," which improvements, if applicable, shall include right-of-way, design and construction costs. See Section II.C, Special Conditions, Storm Drainage Lines and Appurtenances, for specific instructions. J. The Developer shall provide the Director of Engineering with certified Record Plan Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. K. The Owner 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 rd 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 owner 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 owner further agrees to indemnify and hold harmless the City from any claims or actions based directly, indirectly or in any manner on any of the aforementioned environmental risks brought against the City by third parties arising as a result of the dedication of portions of the Property to the City in connection with this development. Said indemnification shall not extend to claims, actions or other liability arising as a result of any hazardous substance, pollutant or contaminant: generated or deposited by the City, its agents or representatives, upon portions of the Property dedicated to the City in connection with this development. II. Special Conditions A. Water Lines 1. The Developer shall reimburse the City for the Developer's portion of the cost of the 24" water main in North Lemay Avenue along the frontage of the Property in accordance with Section 26-372 of the City Code. B. Sewer Lines Not Applicable C. Storm Drainage Lines and Appurtenances 1. The Developer and the City agree that all on -site and off -site storm drainage improvements, as shown on the approved utility plans for this development, shall be completed by the Developer in accordance with said approved plans prior to the issuance of any certificate of occupancy in this development. 5 Completion of improvements shall include the certification by a professional engineer licensed in Colorado that the drainage facilities which serve this development have been constructed in conformance with said approved plans. Said certification shall be submitted to the City at least two weeks prior to the date of issuance for any certificate of occupancy. 2. The Developer agrees to provide and maintain erosion control improvements as shown on the approved utility plans to stabilize all over -lot grading in and adjacent to this development. The Developer shall also be required to post a security deposit in the amount of $4,350.00 prior to beginning construction to guarantee the proper installation and maintenance of the erosion control measures shown on the approved Plan. Said security deposit shall be made in accordance with the criteria set forth in the city's Storm Drainage Design Criteria and Construction Standards (Criteria). If, at any time, the Developer fails to abide by the provisions of the approved utility plans or the Criteria, the City may enter upon the Property for the purpose of making such improvements and undertaking such activities as may be necessary to ensure that the provisions of said plans and the Criteria are properly enforced. The City may apply such portion of the security deposit as may be necessary to pay all costs incurred by the City in undertaking the administration, construction, and/or installation of the erosion control measures required by said plans and the Criteria. 3. The building to be constructed with this development abuts certain storm drainage facilities and it is agreed that it is of the utmost importance that no storm water from said facilities enters the building so constructed. In order to provide the assurance that said building is constructed at an elevation that said storm water cannot enter, the approved utility plans for this development contain specifications for the minimum elevation for any opening to said building. Prior to the issuance of a certificate of occupancy for the building to be constructed with this development, the Developer shall provide certification from a professional engineer licensed in Colorado that the lowest opening to such building is at or above the minimum elevation required on the approved utility plans for this development, and that the lot grading and elevations are the same as those specified on the approved utility plans. Said certification is in addition to, but 0 may be done in conjunction with the certification described in paragraph II.C.l. above. 4. The Developer and the City agree that the Developer is obligated to maintain all on -site storm drainage facilities not accepted for maintenance by the City and all off -site storm drainage faciLities not accepted for maintenance by the City serving this development and outside of the public rights -of -way. 5. The Developer shall obtain the City's prior approval of any changes from the approved drainage report and site plan and/or storm drainage facility configuration that occur as a result of the construction of the building, whether by the Developer or other parties. The City reserves the right to withhold the issuance of building permits and certificates of occupancy until the City has approved such changes as being acceptable for the safe and efficient delivery of storm drainage water. D. Streets 1. The Developer acknowledges and agrees that the Developer pursuant to Section 24-95 of the City Code is obligated to construct the arterial standard street improvements for North Lemay Avenue along the frontage of the Property. However, because the schedule for the realignment of North Lemay Avenue adjacent to this site is not known at this time, the City agrees that the requirement for the construction of said improvements shall be delayed until such time as the City determines that said arterial street improvements are needed or until the issuance of a building permit beyond that required for the improvements approved with the site plan review entitled "Lot 4 of the Replat of North Lemay Subdivision, 2nd Filing (225 North Lemay Warehouse)" on file in the City Planning Department (Project File #19-81B). Should the City construct the arterial street improvements on North Lemay Avenue, the Developer and the City agree that the Developer shall reimburse the City for the Developer's local street portion of the cost of said improvements (including curb and gutter, 4 feet of sidewalk width, and one travel lane of full -depth asphalt) in accordance with Section 24-95 of the City Code. Should the Developer install the arterial improvements on North Lemay Avenue, the Developer may be eligible for reimbursement for the cost of oversizing the street from local street standards to arterial street standards in accordance with the provisions of Article III of Division 2 of 7 Chapter 24. (Street Oversizing Funds) of the City Code in effect at the time of said request for reimbursement. 2. If the Developer constructs the major arterial street improvements described in Paragraph II.D.1., prior to the commencement of any such construction, the Developer shall be required to submit plans to the City for said improvements in accordance with the City's Design Criteria and Standards for Streets in effect at the time of said submittal and obtain the City's approval of said plans. Said plans must be prepared by a professional engineer licensed in Colorado. E. Hazards and Emergency Access. 1. No combustible material will be allowed on the site until a permanent water system is installed by the Developer and approved by the City. 2. Prior to beginning any building construction, the Developer shall provide and maintain at all times an accessway to said building or buildings. Such accessway shall be adequate to handle any emergency vehicles or equipment, and the accessway 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 15 feet with 4 inches of aggregate base course material compacted according to City Standards and with an 80 foot diameter turnaround at the building end of said accessway. The turnaround is not required if an exit point is provided at the end of the accessway. III. Miscellaneous A. The Developer agrees to provide and install, at its expense, adequate barricades, warning signs and similar safety devices at all construction sites within the public right-of-way and/or other areas as deemed necessary by the City's 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. 9 B. The Developer shall, at all times, keep the public right- of-way free from accumulation of waste material or rubbish caused by the Developer's operation; shall remove such rubbish no less than weekly and; at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way. The Developer further agrees to maintain the finished street surfaces so that they are free from dirt caused by the Developer's operation. Any excessive accumulation of dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until the problem is corrected to the satisfaction of the Director of Engineering. If the Developer fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the streets cleaned at the Developer's expense and the Developer shall be responsible for prompt payment of all such costs. C. The Developer hereby agrees that it will require its subcontractors to cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. The Developer shall, pursuant to the terms of this Agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat and related documents, or any replat as subsequently filed by the Developer, and the City may withhold such building permits and certificates of occupancy as it deems necessary to ensure performance hereof. E. Nothing herein contained shall be construed as a waiver of any requirements of the City Code, and the Developer agrees to comply with all requirements of the same. F. In the event the City waives any breach of this Agreement, no such waiver shall be held or construed to be a waiver of any subsequent breach hereof. G. Financial obligations of the City of Fort Collins payable after the current fiscal year and/or not appropriated or budgeted a are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. H. This Agreement shall run with the Property and shall be binding upon and inure to the benefit of the parties hereto, their personal representatives, heirs, successors, grantees and assigns. It is agreed that all improvements required pursuant to this Agreement touch and concern the Property regardless of whether such improvements are located on the Property. Assignment of interest within the meaning of this paragraph shall specifically include, but not be limited to, a conveyance or assignment of any portion of the Developer's legal or equitable interest in the Property, as well as any assignment of the Developer's rights to develop the Property under, the terms and conditions of this Agreement. I. In the event the Developer transfers title to the Property and is thereby divested of all equitable and legal interest in the Property, the City hereby agrees to release said Developer from liability under this Agreement with respect to any breach of the terms and conditions of this Agreement occurring after the date of any such transfer of interest. In such event, the succeeding lessor and/or property owner shall be bound by the terms of this Agreement. J. Each and every term of this Agreement shall be deemed to be a material element hereof. In the event that either party shall fail to perform according to the terms of this Agreement, such party may be declared in default. In the event that a party has been declared in default hereof, such defaulting party shall be given written notice specifying such default and shall be allowed a period of 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. Notwithstanding the foregoing, if the nature of the default is such that it cannot be reasonably cured within said thirty (30) days, then the time for curing said default may be extended to a time mutually agreed upon in writing by the parties. K. In the event of the default of any of the provisions hereof by either party which shall require the party not in default to commence :Legal or equitable action against said defaulting 10 virtue of differing ownership of property but, rather, are development costs and obligations which must be met jointly and mutually by the de- veloping entities as a part of the total cumulative development of the property; and WHEREAS, the Developer desires to develop said property as a commer- cial subdivision and has submitted to the City a subdivision plat, a copy of which is on file in the Office of the Director of Engineering Services 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 Director of Engineering Services 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 site plan where applicable) submitted by the Developer subject to certain require- ments and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions acknowledged by the parties hereto, it is agreed as follows: -2- party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney's fees and costs incurred by reason of the default. Nothing herein shall be construed to prevent or interfere with the City's rights and remedies specified in Paragraph III.D of this Agreement. L. This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. M. It is expressly understood and agreed by and between the parties hereto that this Agreement shall be governed by and its terms construed under the laws of the State of Colorado and the City of Fort Collins, Colorado. N. 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 registered or 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, Cc 80522 With a copy to: City Attorney's Office City of Fort Collins P.O. Box 580 Fort Collins, Cc 80522 If to the Developer: With a copy to: 11 Notwithstanding the foregoing, if either party to this Agreement, or their successors, grantees of assigns, wishes to change the person, entity or address to which notices under this agreement are to be sent as provided above, such party shall do so by giving the other party to this agreement written notice of such change. O. 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 for convenience of reference and shall in no way define, limit, or prescribe the scope or intent of any provision under this Agreement. CITY CLERK' �1 APPROVED AS TO CONTENT: Director o Engineeri THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: 01 t _ice• Cit Manager 12 APPROVED AS TO FORM: Ass" tant City Attorney DEVELOPER: By: /S[�Q N� / e K Aline A. Kawulok, an individual By: Anthon J. Kawul k, an individual 13 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. North Lemay Avenue improvements shall be constructed in accordance with Section II.D. of this Agreement. 4. Schedule of storm drainage improvements to be installed out of sequence. Not Applicable. 14 EXHIBIT "B" NOT APPLICABLE 15 SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 23 day of A.D. 1981, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and LBP, Limited Partnership and LK Associates, hereinafter referred to as "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: Re;plat of North Lemay Subdivision, 2nd Filing, located in the Northeast 1/4 of Section 12, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, LBP, a Limited Partnership, is the owner of Lots I•ci of said North Lemay Subdivision, Second Filing; and WHEREAS, L9L Associates is the owner of Lots t- -3 a, of said North Lemay Subdivision, Second Filing; and WHEREAS, the two developing entities are referred to in this Agreement as the "Developer" notwithstanding that said entities are not joint ven- turers together in the development of said lands; and WHEREAS, it is the purpose of this Agreement to establish the several and mutual obligations of the parties hereto with the understanding that certain of the obligations of the parties relate solely to the development of the separate lands owned by each party hereto and that said obligations should be those of the party owning such lands and not the joint obligation of both developing entities, while other obligations are not separable by virtue of differing ownership of property but, rather, are development costs and obligations which must be met jointly and mutually by the de- veloping entities as a part of the total cumulative development of the property; and WHEREAS, the Developer desires to develop said property as a commer- cial subdivision and has submitted to the City a subdivision plat, a copy of which is on file in the Office of the Director of Engineering Services 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 Director of Engineering Services 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 site plan where applicable) submitted by the Developer subject to certain require- ments and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions ackno.vIedged by the parties hereto, it is agreed as follows: -2- 1. General Conditions. A. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, sidewalks, and hikepaths shall be installed as shown on the approved utility plans and in full compliance with the standard specifications of the City on file in the Office of the Director of Engineer- ing Services relating to the specific utility. B. No building permit for the construction of any structure within the subdivision 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 struc- ture have been completed and accepted by the City. C. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, shall be installed within the time and/or sequence required on Exhibit "A". If the Director of Engineering Services deter- mines that any water lines, sanitary sewer lines, storm sewer facilities and/or streets shown on the utility plans are required to provide service or access to other areas of the City, those utilities shall be installed within the time determined by the Director as referred to under "Special Conditions" in this document. -3- D. All electric lines and facilities shall be installed in accordance with the Electric Service Rules and Regulations, the Electric Construction Policies, Practices and Procedures, and specifications of the City of Fort Collins' electric utility. 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 municipal facilities necessary to serve the lands within the subdivi- sion. 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 indivi- dual lot service lines leading in and from the main to the property line. G. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plans and/or specifications applicable to such installation. In case of conflict, the utility drawings shall supercede the standard specifications. H. The Developer shall provide the Director of Engineering -4- Services with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. 2. SpecialConditions. A. Water lines. The City shall repay the Developer, upon receipt of invoice, the material cost difference for installing a 16" diameter main in lieu of a 12" diameter main in Lincoln Avenue and for installing a 24" diameter main in lieu of an 8" diameter main in Lemay Avenue. B. Sanitary sewer. Not applicable. C. Storm drainage lines and appurtenances. Each lot shall detain on site, its own storm drainage with controlled release in accordance with the Fort Collins Storm Drainage Design Cri- teria of 1980. D. Streets. The City shall repay the Developer, upon receipt of invoice, for constructing Lemay Avenue and Lincoln Avenue to arterial street standards in lieu of local street standards in accordance with City Code 99-F(6). See Exhibit "A". E. Curb Cuts for Lots. It is understood that curb cuts for Lots 2 and 3 shall have access only onto Lincoln Avenue, while curb cuts for Lot 4 shall have access onto Lemay Avenue. Each lot shall be entitled to one point of access only. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices -5- 1. General Conditions. A. All water lines, sanitary sewer collection lines, storm sewer Tines and facilities, streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the standard specifications of the City on file in the Office of the Director of Engineer- ing Services relating to the specific utility. B. No building permit for the construction of any structure within the subdivision 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 struc- ture have been completed and accepted by the City. C. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, shall be installed within the time and/or sequence required on Exhibit "A". If the Director of Engineering Services deter- mines that any water lines, sanitary sewer lines, storm sewer facilities and/or streets shown on the utility plans are required to provide service or access to other areas of the City, those utilities shall be installed within the time determined by the Director as referred to under "Special Conditions" in this document. -3- at all construction sites within the public right-of-way and/or other areas as deemed necessary by the Director of Engineering Services 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 director. B. The Developer shall, at all times, keep the public right-of- way free from accumulation of waste material or rubbish caused by his operation. He shall remove such rubbish no less than weekly and, at the completion of his work, shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way caused by his operation. The Developer agrees to maintain the finished street surfaces free from dirt caused by his opera- tion. Any excessive accumulation or dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to the satisfaction of the Director of Engi- neering Services. In the event that the Developer fails to adequately clean the streets within seven (7) days after written notice, the City may have the street cleaned and charge the Developer for said costs of cleaning. 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 10 blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions, and/or other devices. E. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. F. Nothing herein contained shall be construed as a waiver of any requirements of the City Subdivision Ordinance or any other provision of the City Code, and the Developer agrees to comply with all requirements of the same. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation ATTEST: Dh k t A `Lity Manager City Clerk APPR9VED: LBP; A -Limited Partnership D reG�oor of Public y_I_ cs Edward G. Zdenek, Genera Parnter ity ttorney -7- L9L ASSOCIATES, General Partnership IT e ooper, artner r David L. Wood , Partner 10 1 EXHIBIT "A" Schedule of water lines to be installed out of sequence. a) The City shall not require the Developer to install the 24" dia- meter main in Lemay Avenue from Logan Court to Lincoln Avenue until just prior to the completion of street improvements on Lemay as defined in Paragraph 3(c). b) The City shall not require the Developer to install the 16" dia- meter main in Lincoln Avenue until building permits are requested on Lots 2 or 3. Schedule of sanitary sewer lines to be installed out of sequence. Not applicable. 3. Schedule of street improvements to be installed out of sequence. a) Curb, gutter, sidewalk and final street improvements on Buckingham shall not be required until the Certificate of Occupancy for the fifth lot fronting on Buckingham Street is requested. The C.O. for said fifth lot will be issued only upon completion and acceptance by the City of said curb, gutter, sidewalk and street improvements for the full length of Buckingham Street. b) Sidewalks along Logan Court shall be completed prior to the issu- ance of a Certificate of Occupancy for the specific lot requesting C.O. c) Certificates of Occupancy for more than two lots adjacent to Lemay Avenue will not be issued until all improvemetns for Lemay Avenue have been constructed to the curb return on Lincoln Avenue and accepted by the City. d) The Developer will not be required to complete Lincoln Avenue with C.O.'s for Lots 2 and 3. However, he hereby agrees to enter into an improvement district to complete the Lincoln Avenue improvements when required to do so by the City. 4. Storm drainage improvements to be installed out of sequence. The Developer shall install the low -flow pipe (which is parallel with Lemay Avenue) prior to the City issueing more than three (3) certifi- cates of occupancy. D. All electric lines and facilities shall be installed in accordance with the Electric Service Rules and Regulations, the Electric Construction Policies, Practices and Procedures, and specifications of the City of Fort Collins' electric utility. 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 municipal facilities necessary to serve the lands within the subdivi- sion. 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 indivi- dual lot service lines leading in and from the main to the property line. G. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plans and/or specifications applicable to such installation. In case of conflict, the utility drawings shall supercede the standard specifications. H. The Developer shall provide the Director of Engineering me Services 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. The City shall repay the Developer, upon receipt of invoice, the material cost difference for installing a 16" diameter main in lieu of a 12" diameter main in Lincoln Avenue and for installing a 24" diameter main in lieu of an 8" diameter main in Lemay Avenue. B. Sanitary sewer. Not applicable. C. Storm drainage lines and appurtenances. Each lot shall detain on site, its own storm drainage with controlled release in accordance with the Fort Collins Storm Drainage Design Cri- teria of 1980. D. Streets. The City shall repay the Developer, upon receipt of invoice, for constructing Lemay Avenue and Lincoln Avenue to arterial street standards in lieu of local street standards in accordance with City Code 99-F(6). See Exhibit "A" E. Curb Cuts for Lots. It is understood that curb cuts for Lots 2 and 3 shall have access only onto Lincoln Avenue, while curb cuts for Lot 4 shall have access onto Lemay Avenue. Each lot shall be entitled to one point of access only. 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices -5- at all construction sites within the public right-of-way and/or other areas as deemed necessary by the Director of Engineering Services 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 director. B. The Developer shall, at all times, keep the public right-of- way free from accumulation of waste material or rubbish caused by his operation. He shall remove such rubbish no less than weekly and, at the completion of his work, shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way caused by his operation. The Developer agrees to maintain the finished street surfaces free from dirt caused by his opera- tion. Any excessive accumulation or dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to the satisfaction of the Director of Engi- neering Services. In the event that the Developer fails to adequately clean the streets within seven (7) days after written notice, the City may have the street cleaned and charge the Developer for said costs of cleaning. 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 M blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions, and/or other devices. E. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. F. Nothing herein contained shall be construed as a waiver of any requirements of the City Subdivision Ordinance or any other provision of the City Code, and the Developer agrees to comply with all requirements of the same. ATTEST: Cntyk� APPROVED: / i Direct,or of Public Woks / Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: 71Ty anager LBP,-A—Limited Partnership Edward G.� en(ek, General Parnter -7- L9L ASSOCIATES, General Partnership rt, ansen, Partner me EXHIBIT "A" 1. Schedule of water lines to be installed out of sequence. a) The City shall not require the Developer to install the 24" dia- meter main in Lemay Avenue from Logan Court to Lincoln Avenue until just prior to the completion of street improvements on Lemay as defined in Paragraph 3(c). b) The City shall not require the Developer to install the 16" dia- meter main in Lincoln Avenue until building permits are requested on Lots 2 or 3. 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. a) Curb„ gutter, sidewalk and final street improvements on Buckingham shall not be required until the Certificate of Occupancy for the fifth lot fronting on Buckingham Street is requested. The C.O. for said fifth lot will be issued only upon completion and acceptance by the City of said curb, gutter, sidewalk and street improvements for the full length of Buckingham Street. b) Sidewalks along Logan Court shall be completed prior to the issu- ance of a Certificate of Occupancy for the specific lot requesting C.O. c) Certificates of Occupancy for more than two lots adjacent to Lemay Avenue will not be issued until all improvemetns for Lemay Avenue have been constructed to the curb return on Lincoln Avenue and accepted by the City. d) The Developer will not be required to complete Lincoln Avenue with C.O.'s for Lots 2 and 3. However, he hereby agrees to enter into an improvement district to complete the Lincoln Avenue improvements when required to do so by the City. 4. Storm drainage improvements to be installed out of sequence. The Developer shall install the low -flow pipe (which is parallel with Lemay Avenue) prior to the City issueing more than three (3) certifi- cates of occupancy.