HomeMy WebLinkAboutWESTFIELD PARK PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-15 (2)DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 1-i-1' dayof jL:�_y 199P,
by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City"; and PROGRESSIVE LIVING STRUCTURES, INC.,
a Colorado Corporation, 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:
WESTFIELD PARK P.U.D., located in the Northeast 1/4 of Section 34, 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:
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 are contingent upon funds for that purpose
being appropriated, budgeted and otherwise made available by the Fort Collins City
Council.
H. This Agreement shall run with the Property and shall be binding upon
and inure to the benefit of the parties hereto, their respective personal representatives,
heirs, successors, grantees and assigns. It is agreed that all improvements required
pursuant to this Agreement touch and concern the Property regardless of whether such
improvements are located on the Property. Assignment of interest within the meaning of
this paragraph shall specifically include, but not be limited to, a conveyance or assignment
of any portion of the Developer's legal or equitable interest in the Property, as well as any
assignment of the Developer's rights to develop the Property under the terms and
conditions of this Agreement.
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 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 ten (10) days within which to cure
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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.
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 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 certified mail,
return receipt requested, addressed to such other party at their respective addresses as
set forth below; and such notice or other communication shall be deemed given when so
hand -delivered or three (3) days after so mailed:
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, Co 80522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, Co 80522
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If to the Developer: Progressive Living Structures
4190 North Garfield
Loveland, Colorado 80538
(970)669-0870
With a copy to: Jim Martel
222 West Magnolia
Fort Collins, Colorado 80521
Notwithstanding the foregoing, if any party to this Agreement, or their successors,
grantees or assigns, wishes to change the person, entity or address to which notices
under this Agreement are to be sent as provided above, such party shall do so by giving
the other parties to this Agreement written notice of such change.
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 fore convenience of
reference and shall in no way define, limit, or prescribe the scope or intent of any
provision under this Agreement.
UK
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: ,2
City MeVager
City Clerk
APPROVED AS TO CONTENT:
Director of Engineering
AP RO AS 0 ORM:
�J
Deputy City Attorney
DEVELOPER.
PROGRESSIVE LIVING STRUCTURES, INC.,
a Colorado Corporation,
By:
Leo J. Schus er, President
ATTEST:
By: J elyn Carney, Se r ary
13 1CQlDRAO
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. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
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General Conditions
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement, "development
activities" shall include, but not be limited to, the following: (1) the actual construction of
improvements, (2) obtaining a building permit therefor, or (3) any change in grade, contour
or appearance of the Property caused by, or on behalf of, the Developer with the intent to
construct improvements thereon.
B. 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 public water lines, fire hydrants, sanitary sewer lines.
and public streets (including curb, gutter, sidewalk and pavement with at least the base
course completed) serving such structure have been completed and accepted by the City.
Notwithstanding the foregoing, the Developer shall be entitled to receive a footing and
foundation permit for the construction of improvements within the development upon the
installation of adequate water lines, fire hydrants, and emergency access to provide fire
protection and other emergency services to the site. No building permits shall be issued
for any structure located in excess of six hundred and sixty feet (660') from a single point
of access.
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,
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.
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K. The Developer specifically represents that to the best of its knowledge all
portions of the Property dedicated to the City associated with this development are in
compliance with all environmental protection and anti -pollution laws, rules, regulations.
orders or requirements, including solid waste requirements, as defined by the U. S.
Environmental Protection Agency Regulations at 40 C.F.R., Part 261, and that such
portions of the Property as are dedicated to the City pursuant to this development, are in
compliance with all such requirements pertaining to the disposal or existence in or on such
dedicated property of any hazardous substances, pollutants or contaminants. as defined
by the Comprehensive Environmental Response Compensation and Liability Act of 1980,
as amended, and regulations promulgated thereunder. The Developer does hereby
indemnify and hold harmless the City from any liability whatsoever that may be imposed
upon the City by any governmental authority, pertaining to the disposal of hazardous
substances, pollutants or contaminants, and cleanup necessitated by leaking underground
storage tanks, excavation and/or backfill of hazardous substances, pollutants or
contaminants, or environmental cleanup responsibilities of any nature whatsoever on, of,
or related to any property dedicated to the City in connection with this development. The
Developer further agrees to indemnify and hold harmless the City from any claims or
actions based directly, indirectly or in any manner on any of the aforementioned
environmental risks brought against the City by third parties arising as a result of the
dedication of portions of the Property to the City in connection with this development. Said
indemnification shall not extend to claims, actions or other liability arising as a result of any
hazardous substance, pollutant or contaminant generated or deposited by the City, its
agents or representatives, upon portions of the Property dedicated to the City in connection
with this development.
II. Special Conditions
A. Water Lines
1. The existing 12-inch water main in Seneca Street is covered by that
certain Reimbursement Agreement dated December 24, 1996, between the City and
Theodore Oakey, Martin C. Emo and Michael C. Emo. In accordance with Section 26-372
of the City Code and said Reimbursement Agreement, the City will assess a charge for the
portion of the existing 12-inch water main which is within the Westfield Park development.
Prior to the issuance of any building permit(s) for this development, the City shall invoice
the Developer the sum of $27,276.31 plus inflation for the Developer's portion of the
12-inch water main in Seneca Street. The inflation shall be calculated based upon the
Construction Cost Index for Denver as published in the Engineering News Record of May
29, 1985. Notwithstanding the foregoing, the City acknowledges that the Developer
currently disputes that it owes such reimbursement, and the City further acknowledges
that the Developer is not agreeing to pay such reimbursement by entering into this
Development Agreement. The City also agrees not to withhold any building permits if this
dispute remains unsettled.
2. Prior to the issuance of any building permit(s) for this development,
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the Developer shall, in accordance with Section 26-372 of the City Code, reimburse the
City the sum of $5900.62 plus inflation for the cost of installation of the Developer's portion
of the 16-inch water main in Horsetooth Road which passes along the frontage of the
property. The inflation shall be calculated based upon the Construction Cost Index for
Denver as published in the Engineering News Record of December 13, 1979.
B. Sanitary Sewer Lines
1. Prior to the issuance of any building permit(s) for this development, the
Developer shall, in accordance with Section 26-285 of the City Code, reimburse the City
the sum of $178 per gross acre for the cost of installation of the of the Warren Lake Trunk
Sewer to serve this development.
2. The City shall pay the Developer for oversizing of the extension of the
Warren Lake Trunk Sewer main from an 8-inch main. Oversizing will be paid in
accordance with Section 26-371 of the City Code.
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that Phase 1 on -site and all off -site
storm drainage improvements, as shown on the approved utility plans for the development,
shall be completed by the Developer in accordance with said approved utility plans prior
to the issuance of more than 20 building permits for Phase 1. The developer and the City
further agree that all storm drainage improvements associated with Phase 2 of this
development shall be completed and certified prior to the release of more than 11 Building
permits in Phase 2 of this development. The developer and the City also agree that all
storm drainage improvements associated with Phase 3 of this development as shown on
the approved utility plans shall be completed prior to the release of more than 8 building
permits in Phase 3 of this development. Completion of improvements shall include the
certification by a professional engineer licensed in Colorado that the drainage facilities
which serve Phases 1, 2 and 3 of this development and all off -site drainage facilities
including the regional detention pond known as "the Seneca Pond" and the off -site storm
sewer improvements have been constructed in conformance with said approved plans.
Said certification shall be submitted to the City of Fort Collins at least two weeks prior to
the release of additional building permits in each of these 3 phases.
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 $11,151.00 for Phase 1 construction, $7,567.00 for Phase 2
construction and $5,177.00 for Phase 3 construction prior to beginning construction of the
applicable phase, in order to guarantee the proper installation and maintenance of the
erosion control measures shown on the approved utility plans for this development. Said
security deposit(s) shall be made in accordance with the criteria set forth in the City's
Storm Drainage Design Criteria and Construction Standards (Criteria). If, at any time, the
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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(s) as may be necessary to pay all costs incurred by the City in undertaking the
administration, construction, and/or installation of the erosion control measures required
by said plans and the Criteria. In addition, the City shall have the option to withhold
building permits and certificates of occupancy, as stated in Paragraph III.D of this
Agreement, as it deems necessary in order to ensure that the Developer installs and
maintains the erosion control measures throughout the build -out of this development.
3. The Developer and the City agree that it is important that all lots be
graded to drain in the configuration shown on the approved plans for this development.
For this reason the following additional requirements shall be followed for building on all
lots within this development:
a. Prior to the issuance of a certificate of occupancy for each lot
in this development, the Developer shall provide the City with certification that the lot has
been graded correctly and complies with the approved utility plans for this development.
The Lot grading certification shall include but is not limited to: the certification of the
grading of any minor swales, where applicable, the certification that Lot corner elevations
and all drainage break points as surveyed are in accordance with those specified on the
approved utility plans: the minimum floor elevation and/or the minimum opening elevation
for all buildings constructed on said Lot has been completed in accordance with the
approved utility plans, the certification that the drainage pattern of the Lot is in general
substantial compliance with the pattern shown on the approved utility plans, and the
certification that no adverse drainage impact to neighboring properties is caused by the
grading of the Lot. Said certification shall be completed by a Colorado licensed
professional engineer and shall be submitted to the City at least two weeks prior to the date
of issuance of the desired certificate of occupancy.
b. In addition the Developer shall be required to file a notice with
the Larimer County Clerk and Recorder describing the landscaping and fencing
restrictions that exist for the drainage easements on each of said lots. Said notice shall
reference the location of the specific restrictions shown on plans and notes in the approved
utility plans for this development. Said notice shall be filed in a City approved form prior
to the sale of any lots affected by such restrictions.
4. The homes to be constructed on Lots 102 through 107 and Lots 114
through 118 in this development abut certain storm drainage facilities and it is agreed that
it is of the utmost importance that no storm water from said facilities enters said homes.
In order to provide the assurance that said homes are 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 each such home. Prior to the
issuance of a certificate of occupancy for each of said homes, the Developer shall provide
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certification from a professional engineer licensed in Colorado that the lowest opening to
said home is at or above the minimum elevation required on the approved utility plans for
the development. Said certification is in addition to, and may be done in conjunction with,
the site certification described in paragraph II.C.1. above.
5. The Developer shall obtain the City's prior approval of any changes from
the approved utility plans in grade elevations and/or storm drainage facility configuration
that occur as a result of the construction of houses and/or development of lots, whether by
the Developer or other parties. The City reserves the right to withhold the issuance of
building permits and certificates of occupancies for this development until the City has
approved such changes as being acceptable for the safe and efficient delivery of storm
drainage water.
6. 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.
7. The Developer and the City agree that landscape maintenance for the
regional detention pond known as Seneca Pond, being constructed under this project, shall
be the responsibility of the Developer for a period of two (2) years following acceptance of
the detention pond improvements by the Stormwater Utility. Landscape maintenance shall
include: installation and maintenance of a tree drip irrigation system: irrigation of sufficient
frequency and duration to promote tree growth, mowing four times per year on or about the
following dates: 5/21, 6/21, 8/16, 10/1. fertilization and broadleaf weed spraying of the
pond area once a year during the month of June. Seeded areas shall be evaluated after
one growing season to determine whether re -seeding or additional maintenance is
required. Acceptance of seeded areas after the second growing season shall depend on
whether a satisfactory stand of grass is evident and weeds have been controlled. A
"satisfactory stand of grass" shall mean that 90% of the seeded area has an evenly
distributed grass surface. The City shall reimburse the Developer for the Seneca Pond
landscape maintenance in accordance with Exhibit `B'.
D. Streets.
1. Subject to the conditions of this Agreement, the City agrees to reimburse
the Developer for oversizing public street improvements along Seneca Street, including
oversizing for the box culvert as shown in Exhibit `B', for those portions of said street
abutting the Property as shown on the approved utility plans. Notwithstanding the
foregoing, the Developer understands and agrees that no Street Oversizing Fund
reimbursement shall be made for any traffic calming devices, e.g. chicanes, that may be
installed by the Developer. Reimbursement for Seneca Street shall be for oversizing the
street from residential (access) standards to Collector street standards. The City shall
make reimbursement to the Developer for the aforesaid oversized street improvements in
accordance with Section 24-112 of the Code of the City. The Developer agrees and
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understands that the City shall have no obligation to make reimbursement payments for
street oversizing unless funds for such payments shall first have been budgeted and
appropriated from the Street Oversizing Fund by the City Council; and the Developer
further understands that to the extent that funds are not available for such reimbursement.
the City may not, in the absence of the Developer's agreement, require the construction,
at the Developer's expense, of any oversized portion of streets not reasonably necessary
to offset the traffic impacts of the development. The Developer does hereby agree to
construct the aforesaid oversized street improvements with the understanding that the
Developer may not be fully reimbursed by the City for the cost of such construction. The
Developer further agrees to accept payment in accordance with Section 24-112 (d) of the
Code of the City as full and final settlement and complete accord and satisfaction of all
obligations of the City to make reimbursements to the Developer for street oversizing
expenses. It is anticipated by the City that the City's reimbursement, in accordance with
Section 24-112 (d), would not be less than fifty percent (50%) of the Developer's actual
expenses incurred and will be calculated in accordance with the formula as set forth in
Section 24-112 (d).
2. It is understood that the streets to be constructed as described in this
Section II(D) are "city improvements" and, as such, any contract for the construction of the
same must be executed in writing. If the cost of such improvements exceeds the sum of
Fifteen Thousand Dollars ($15,000), the contract for the construction of the same must be
submitted to a competitive bidding process resulting in an award to the lowest responsible
bidder, and evidence must be submitted to the City prior to the commencement of the work
showing that the award was given to the lowest responsible bidder. If the cost of such
improvements exceeds fifty thousand dollars ($50,000), the contract for the construction
of the improvements must be insured by a performance bond or other equivalent security.
3. The Developer and the City agree that the Developer is responsible for
all costs for the initial installation of traffic signing and striping for this development related
to the development's local street operations. In addition the Developer is responsible for
all costs for traffic signing and striping related to directing traffic access to and from the
development (e.g., all signing and striping for a right turn lane into the development site).
4. Pursuant to Section 24-95 of the City Code. the Developer is obligated to
construct the arterial standard street improvements for Horsetooth Road along the frontage
of the Property. Since the City is contemplating a Street Oversizing Project for Horsetooth
Road along the frontage of the Property, the Developer is only required to construct curb,
gutter and temporary paving as shown on the approved utility plans at the time of
construction of this Development. Because the Developer remains obligated for the local
street portion (which includes curb, gutter, 4 feet of sidewalk width, one travel lane of full
depth asphalt, and the box culvert extension on the south side of Horsetooth Road) of the
improvements along the frontage of the property, the Developer shall be required to
deposit funds with the City for this portion of the improvements.
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Prior to the issuance of no more than 29 building permits for this development the
Developer shall pay the City for the cost of said improvements. The Developer and the
City agree that the Developer, in lieu of constructing said improvements, shall pay for the
future construction of said improvements. The amount of such payment shall be equal to
the estimated cost to construct said improvements, which estimate shall be prepared by
the Developer and approved by the City, plus 15% to cover the cost of construction
engineering, surveying and project management. Said amount shall be paid to the City in
cash prior to the issuance of the thirtieth building permit in the development.
After the completion of construction of the Horsetooth Road improvements, if the amount
of monies paid to the City is more than the Developer's portion of said improvements, the
Developer will be reimbursed for any difference in the cost. If the cost of construction is
more than the amount paid by the Developer. than the Developer shall promptly pay the
difference to the City.
E. Ground Water
1. The City shall not be responsible for, and the Developer hereby agrees
to indemnify the City against, any damages or injuries sustained in the development as a
result of ground water seepage or flooding, structural damage, or other damage unless
such damages or injuries are sustained as a result of the City's failure to properly maintain
its storm drainage facilities in the development.
III. Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the Director of Engineering
in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove
said safety devices until the construction has been completed and approved by the Director
of Engineering.
B. 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.
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