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HomeMy WebLinkAboutCITY OF FORT COLLINS DRAKE WATER RECLAMATION - REPLAT - 17-03 - CORRESPONDENCE - SUBDIVISION PLAT1-y-ttY-tf-Yt+-H Natural Area Area 1 N6a . 6,,:wrwocw Channel J I MAINTENANCE GUARANTEE: THE UNDERSIGNED, HEREBY WARRANTS AND GUARANTEES TO THE CITY OF FORT COLLINS, FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF COMPLETION AND FIRST ACCEPTANCE BY THE CITY OF THE IMPROVEMENTS WARRANTED HEREUNDER, THE FULL AND COMPLETE MAINTENANCE AND REPAIR OF THE IMPROVEMENTS CONSTRUCTED UNDER THE AUTHORITY OF THIS SUBDIVISION PLAT. THIS WARRANTY AND GUARANTEE IS MADE IN ACCORDANCE WITH THE CITY OF FORT COLLINS LAND USE CODE AND/OR THE TRANSITIONAL LAND USE REGULATIONS, AS APPLICABLE. THIS GUARANTEE APPLIES TO THE STREETS AND ALL OTHER APPURTENANT STRUCTURES AND AMENITIES LYING WITHIN THE RIGHTS —OF —WAY, EASEMENTS AND OTHER PUBLIC PROPERTIES, INCLUDING, WITHOUT LIMITATION, ALL CURBING, SIDEWALKS, BIKE PATHS, DRAINAGE DR' PIPES, CULVERTS, CATCH BASINS, DRAINAGE DITCHES AND LANDSCAPING. ANY MAINTENANCE AND/OR REPAIR REQUIRED ON UTILITIES SHALL BE COORDINATED WITH THE OWNING UTILITY COMPANY OR DEPARTMENT. THE UNDERSIGNED SHALL MAINTAIN SAID IMPROVEMENTS IN A MANNER THAT WILL ASSURE COMPLIANCE ON A CONSISTENT BASIS WITH ALL CONSTRUCTION STANDARDS, CHE SAFETY REQUIREMENTS AND ENVIRONMENTAL PROTECTION REQUIREMENTS OF THE CITY. THE UNDERSIGNED SHALL ALSO CORRECT AND REPAIR, OR CAUSE DEsI TO BE CORRECTED AND REPAIRED, ALL DAMAGES TO SAID IMPROVEMENTS RESULTING FROM DEVELOPMENT —RELATED OR BUILDING RELATED ACTIVITIES. IN THE EVENT THE UNDERSIGNED FAILS TO CORRECT ANY DAMAGES WITHIN THIRTY (30) DAYS AFTER WRITTEN NOTICE THEREOF, THEN SAID DAMAGES MAY BE CORRECTED BY THE CITY AND ALL COSTS AND CHARGES BILLED TO AND PAID BY THE UNDERSIGNED. THE CITY SHALL ALSO HAVE ANY OTHER REMEDIES AVAILABLE TO IT AS AUTHORIZED FILET BY LAW. ANY DAMAGES WHICH OCCURRED PRIOR TO THE END OF SAID TWO (2) YEAR PERIOD AND WHICH ARE UNREPAIRED AT THE TERMINATION OF SAID PERIOD SHALL REMAIN THE RESPONSIBILITY OF THE UNDERSIGNED. ■ REPAIR GUARANTEE IN CONSIDERATION OF THE APPROVAL OF THIS FINAL PLAT AND OTHER VALUABLE CONSIDERATION, THE UNDERSIGNED DOES HEREBY AGREE TO HOLD THE CITY OF FORT COLLINS, COLORADO, HARMLESS FOR A FIVE (5) YEAR PERIOD, COMMENCING UPON THE DATE OF COMPLETION AND FIRST ACCEPTANCE BY THE CITY OF THE IMPROVEMENTS CONSTRUCTED UNDER THE AUTHORITY OF THIS SUBDIVISION PLAT, FROM ANY AND ALL CLAIMS, DAMAGES, OR DEMANDS ARISING ON ACCOUNT OF THE DESIGN AND CONSTRUCTION OF PUBLIC IMPROVEMENTS OF THE PROPERTY SHOWN HEREIN; AND THE OWNER FURTHERMORE COMMITS TO MAKE NECESSARY REPAIRS TO SAID PUBLIC IMPROVEMENTS, TO INCLUDE, WITHOUT LIMITATION, THE ROADS, STREETS, FILLS, EMBANKMENTS, DITCHES, CROSS PANS, SUB —DRAINS, CULVERTS, WALLS AND BRIDGES WITHIN THE RIGHT—OF—WAY EASEMENTS AND OTHER PUBLIC PROPERTIES, RESULTING FROM FAILURES CAUSED BY DESIGN AND/OR DEFECTS.CONSTRUCTION WORKMA SHIIP, AASWELL AS DEFECTS O SCAUSED BY OR CONSISTING LD THE CITY AOFLSETTL NGESS L TRENCHES UDES DEFECTS ORTEXCAVA EXCAVATIONS. FURTHER, THE UNDERSIGNED WARRANTS THAT HE/SHE OWNS FEE SIMPLE TITLE TO THE PROPERTY SHOWN HEREON AND AGREES THAT THE CITY OF FORT COLLINS SHALL NOT BE LIABLE TO THE UNDERSIGNED OR HIS/HER SUCCESSORS IN INTEREST DURING THE WARRANTY PERIOD, FOR ANY CLAIM OF DAMAGES RESULTING FROM NEGLIGENCE IN EXERCISING ENGINEERING TECHNIQUES AND DUE CAUTION IN THE CONSTRUCTION Oc CROSS DRAINS, DRIVES, STRUCTURES OR BUILDINGS, THE CHANGING OF COURSESPR PRIVATE PROPERTY. A ANY IANDSALLLOODING MONETARYOMLIABILITYRAL CREEKS AND OCCURRING UNDER IVERS, AND ANY TH S PARAGRAPHOTHER SHALL BE R WHATSOEVER ON HE LIABILITY OF THE OWNER. I FURTHER WARRANT THAT I HAVE THE RIGHT TO CONVEY SAID LAND ACCORDING TO THIS SUBDIVISION PLAT, THE OBLIGATIONS OF THE UNDERSIGNED PURSUANT TO THE "MAINTENANCE GUARANTEE" AND "REPAIR GUARANTEE" PROVISIONS SET FORTH ABOVE MAY NOT BE ASSIGNED OR TRANSFERRED TO ANY OTHER PERSON OR ENTITY UNLESS THE WARRANTED IMPROVEMENTS ARE COMPLETED BY, AND A LETTER OF ACCEPTANCE OF THE WARRANTED IMPROVEMENTS IS RECEIVED FROM THE CITY BY, SUCH OTHER PERSON OR ENTITY. APPROVED AS TO FORM CITY ENGINEER By the City Engineer of the City of Fort Collins, Colorodo, on this doy of City Engineer .2003. PI ANNINn4 AP0nnvA1 REVISION REC.D 103RUG COMMENT SHEET DATE: August 8, 2003 TO: Technical Services PROJECT: #17-03 CITY OF FT. COLLINS DRAKE WATER RECLAMATION REPLAT- TYPE II (LUC) DS All comments must be received by Ted Shepard no later than the staff review meeting: August 13, 2003 ❑ No Comment Problems or Concerns (see below or attached) **PLEASE IDENTIFY YOUR REDLINES FOR FUTURE REFERENCE** Name (please print) CHECK HERE IF YOU WISH TO RECEIVE COPIES OF REVISIONS Ltat _Site _Drainage Report _Other _Utility _Redline Utility _Landscape Date To: �`GV�.tpC (� l �YL `may Phone#: Fax# : G(') D • Re: ftgv+ �V � �t1 C1/ ( lM• Date: B/ZDVZe)� CURRENT PLANNING FACSIMILE Citv of Fort Collins Pages: (including this cover sheet) G OUT o f J Remarks: Urgent For your review --Reply ASAP --.;,Please Comment From the desk of... Trisha Alfers Administrative Secretary City of Fort Collins - Current Planning 281 North College Avenue Fort Collins, CC 80524 Email: talfers@fcgov.com 970.221.6750 Fax: 970.416.2020 F-