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HomeMy WebLinkAboutLife Time FitnessR $163.00 I111111111111111111111111ll lllll lllll lllll lllll lllll Jill Jill D $0.00 Q� � 2022069392 11 07/21/2022 02:23:49 PIS 31 Page(s) DEVELOPMENT AGREEMENT JEFFERSON COUNTY, Colorado THIS DEVELOPMENT AGREEMENT (this "Agreement") is made as of the of :Tf l , 2022 (the "Effective Date"), by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and EVERGREEN -CLEAR CREEK CROSSING, L.L.C., an Arizona limited liability company (the "Developer'), together referred to as the "Parties." RECITALS A. The Developer is the owner of certain real property located in the City of Wheat Ridge, which is more particularly described in Exhibit A and made a part hereof (the "Property"). The project entails development of a Life Time fitness facility at 3501 Clear Creek Drive, in Planning Area 5 and a portion of Planning Area 6 of Clear Creek Crossing, (the "Project"). B. On JuIV iS , 2022, the City of Wheat Ridge approved the final plat for the Property titled C ear Creek Crossing Block 4 Replat (the "Final Plat"). A copy of the Final Plat is attached hereto as Exhibit B and incorporated herein. C. On February 17, 2022, the City approved the specific development plan ("SDP") for the Property titled Lifetime — Clear Creek Crossing. This Agreement is a condition of approval of the SDP. D. On May 13, 2022, the City approved the civil construction drawings titled Clear Creek Crossing Block 4, Utility Corridor (the "Block 4 Public Infrastructure"). E. On July 12, 2022 the City approved the civil construction drawings titled Life Time — Clear Creek Crossing Construction Documents (the "Life Time On -Site Work"). For purposes hereof, "Final Approvals" means the Final Plat, the SDP, the Block 4 Public Infrastructure and the Life Time On -Site Work. F. The approvals cited above are contingent upon the express condition that all duties created by this Agreement be faithfully performed by the Developer. G. The non -City acquired public improvements required by this Agreement are needed and intended to serve the public in accessing and using the private development on the Property. Such non -City acquired public improvements shall be constructed and maintained by the Developer and its successors and assigns. AGREEMENT NOW, therefore, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which are mutually acknowledged, the Parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to set forth certain terms, conditions in connection with the subdivision and site development of the Property, and {00255113 4} fees to be paid by the Developer upon subdivision of the Property. All conditions contained herein are in addition to any and all requirements of the City of Wheat Ridge Subdivision Ordinance and Zoning Ordinance, the City of Wheat Ridge Charter, any and all'state statutes, and any other sections of the City of Wheat Ridge Municipal Code (collectively, the "City Requirements") and are not intended to supersede any requirements contained therein, except for those waivers or modifications that are specifically enumerated herein. 2. Related City Agreements and Approvals. The Property is subject to that certain Outline Development Plan titled Clear Creek Crossing Planned Mixed Use Outline Development Plan recorded with the Jefferson County Clerk and Recorder under reception number 2018051726 and Specific Development Plan for the Property titled Lifetime - Clear Creek Crossing recorded with the Jefferson County Clerk and Recorder under reception number -�X032a(o9391 . The Property will be subject to the SDP, civil construction documents, right-of-way permit application(s), grading permit application(s), site work permit application(s), and building permit application(s) (together and collectively, the "Approved Plans"). Through such approvals, the City will review and approve the final design of any development, Public Improvements (as defined below), and non -City acquired public improvements (as defined below) related thereto. This Agreement is based on information available at the time of approval of the Specific Development Plan and shall not constitute approval of the Public Improvements and non -City acquired public improvements designs. The Developer shall obtain all required right-of-way, site work, and building permits, and comply with all applicable conditions including, but not limited to, contractor licensing, insurance, and bonding. The Property is subject to that certain Purchase Agreement dated March 30, 2021 (as amended) Developer and LTF Real Estate Company, Inc., a Minnesota corporation, which outlines the allocation of commitments for certain of the obligations of Block 4 Public Infrastructures (water, sewer, and first lift of fire access roads west of Clear Creek Drive), off-site access and cross -access from and through Block 4 and to the adjacent Lot 1, Block 2, 70 West Business Center Filing No. 3 (3300 Youngfield Service Road) to the south including widening of the access point at Clear Creek Drive to the Property. This agreement obligates the Developer or its successors and assigns to install all Block 4 Public Infrastructures under separate site work permit, in advance of and in coordination with site-specific work contained herein. The Property is subject to that certain Settlement Agreement between 70 WBC, LLC, and Longs Peak Metropolitan District dated August 3, 2009, which outlines commitments for the obligation to provide cross access to the adjacent Lot 1, Block 2, 70 West Business Center Filing No. 3 (3300 Youngfield Service Road) to the south in accordance with the Clear Creek Crossing Planned Mixed Use Outline Development Plan. 3. Fees and Taxes. The Developer hereby agrees to pay City development review, building permit and plan review fees to the City for engineering, hydrological, surveying, legal, and other services rendered in connection with the review of the {00255113 4) 2 development of the Property as codified in the City Requirements. The project is subject to use taxes for private horizontal development authorized by a site work permit and for private vertical construction authorized by a building permit. Upon request, the City agrees to provide a written accounting of such fees and taxes. 4. Reserved. 5. Reserved. 6. Breach by the Developer- the City's Remedies. In the event of a breach of any of the terms and conditions of this Agreement by the Developer, the City Council shall be notified and the City may take such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety, and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship and undue risk. These remedies include, but are not limited to: (a) The refusal to issue any building permit or certificate of occupancy for the Property; (b) The revocation of any building permit for the Property previously issued under which construction directly related to such building permit has not commenced, except a building permit previously issued to a third party, (c) Any other remedy available at law or in equity. Unless necessary to protect the immediate health, safety and welfare of the City or to protect the City's interest with regard to security given for the completion of the Public Improvements and non -City acquired public improvements, the City shall provide the Developer thirty (30) days written notice of its intent to take any action under this paragraph during which thirty (30) day period the Developer may cure the breach described in the notice. Notwithstanding the foregoing, if such breach or noncompliance cannot be reasonably cured within such thirty (30) -day period, Developer shall be granted such additional time as is reasonably necessary provided that Developer good faith commences to cure such breach or noncompliance within such thirty (30) -day period and thereafter diligently completes such cure in good faith within ninety (90) days after such notice from the City unless the City and Developer otherwise agree to a longer cure period. 7. Installation and Phasing of Public and On -Site Infrastructure. The public improvements to serve the Property are divided into two categories: The "Public Improvements" (defined to include those improvements to be conveyed to the City) and all other improvements not to be conveyed to the City (defined as the "non -City - acquired public improvements"), all as shown on the Final Approvals. All Public Improvements shall be installed and completed at the expense of the Developer within the timeframes set forth in Section 10 of this Agreement and as outlined in Exhibit C, with only such exceptions as shall be approved in advance by the Director in the exercise of his or her sole discretion. {00255113 4} 3 Construction of public improvements in City Right -of -Way shall be limited to the hours of 7:00 a.m. to 5:00 p.m. Monday through Friday. The Developer may request to perform work in the Right -of -Way outside of these days and/or times, subject to approval from the Public Works Department, and the Developer shall be liable for any overtime payments required by the inspector (per Section 21-53a of the City Code). Construction of private improvements, including construction of buildings, driveways, private retaining walls, or demolition, and installation of landscaping shall be limited to the hours of 7:00 a.m. to 7:00 p.m., per Section 5-46 of the City Code. 8. Reserved. 9. Observation, Inspection and Testing. The City shall have the right to require reasonable engineering observations and testing at the Developer's expense. Observation and testing, acquiescence in, or approval by any engineering inspector of the construction of physical facilities at any particular time shall not constitute the approval by the City of any portion of the construction of such non -City acquired public improvements. Such approval shall be made by the City, only after completion of construction and in the manner hereinafter set forth. The Director is designated by the City to exercise authority on its behalf under this Agreement and to see that this Agreement is performed according to its terms. Work under this Agreement may, without cost or claim against the City, be suspended by the Director for substantial cause, subject to the notice and cure provisions of this Agreement. The Director shall, within a reasonable time after presentation, make decisions in writing on all claims of Developer and on all other matters relating to the execution and progress of the work or the interpretation of this Agreement, the Approved Plans and City Requirements. All such decisions of the Director shall be final. Subject to laws, the Director and his authorized representatives shall have free access to the work at all times, and Developer shall furnish them with facilities for ascertaining whether the work being performed, or the work which has been completed, is in accordance with the requirements of the Agreement. The Director will make periodic observations of construction (sometimes commonly referred to as "supervision"). The purpose of these observations and construction checking is to determine the progress of the work and to see if the work is being performed in accordance with the Approved Plans. He will in no way be responsible for how the work is performed, safety in, on, or about the job site, methods of performance, or timeliness in the performance of the work. Inspectors may be appointed to inspect materials used and work done. Inspections may extend to all or any part of the work and to the preparation or manufacture of the materials to be used. The inspectors will not be authorized to alter the provisions of this Agreement or any specifications or to act as foreman for f00255113 41 4 Developer. The Inspector will have authority to reject defective materials and to suspend any work that is being done improperly, subject to the final decision of the Director. 10. Completion of Public Improvements and non -City acquired public improvements. The obligations of the Developer provided for in Section 7 of this Agreement and in Exhibit C, the Phasing Plan, including the inspections hereof, shall be performed within the time periods permitted by the building permits corresponding thereto, and proper application for approval of completion of the non -City acquired public improvements shall be made on or before such dates. The Developer shall make all corrections necessary to bring the Infrastructure into conformity with the Approved Plans. 11. Deferred Installation of Landscaping and Financial Guarantee. If a Certificate of Occupancy ("CO") is requested prior to completion of landscaping and irrigation, based on said CO request being made outside of normal planting season, an escrow account shall be accepted for the completion of necessary landscaping and irrigation. Said financial guarantee shall be in the amount of one hundred and twenty five percent (125%) of the cost of installation. Escrows shall not be released until all planting and finish materials shown on the approved landscape plan within a specific Phase as shown on Exhibit C are installed and accepted and the irrigation is installed and functional. The amount of the escrow shall be based on the City's standard itemized costs for required landscaping and irrigation in the City Requirements. Should the required landscaping not be properly installed upon the expiration of the escrow account, the City reserves the right to use such funds to have the required landscaping placed upon the Property. Any costs reasonably incurred by the City in excess of the funds provided by the escrow shall be payable by Developer to the City within thirty (30) days after Developer's receipt of invoices and reasonable back up for such excess costs. If Developer fails to pay such amounts, the same may be recovered by the City through normal lien proceedings. 12. Construction Protection. During the duration of construction of the Project, the Developer shall make good any damage, injury or loss to the City's property except such as may be caused directly by authorized agents or employees of the City. Developer shall also adequately protect adjacent property and shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions. During construction of the Project, the Developer shall be responsible for damage to any public and private property on and adjacent to the site of Developer's improvements caused by negligent or willful acts of Developer, its agents or subcontractors. Developer shall take all reasonable effort necessary to prevent damage to pipes, conduits, and other underground structures and to overhead wires, and to water quality. Developer shall protect carefully from disturbance or damage all land monuments and property marks until an authorized agent of the City has witnessed or otherwise referenced their location and shall not remove them until directed. When any direct or indirect damage or injury is done to public or private property by or on account of any {00255113 4} 5 act, omission, neglect or misconduct in the construction of Improvements, or in 9 p consequence of the non -execution thereof on his part, such damaged property shall be restored by Developer at its own expense to a condition similar or equal to that existing before such damage or injury. During construction of the Project, the Developer shall at all times, whether or not so specifically directed by the Director, take necessary precautions to insure the protection of the public. Developer shall furnish, erect and maintain, at its own expense, all necessary barricades, suitable and sufficient red lights, construction signs, provide a sufficient number of watchmen, and take all necessary precautions for the protection of the work and safety of the public through or around the Property's construction operations as Developer and the Director shall deem reasonably necessary. 13. Related Costs —Public Improvements non -City acquired public improvements. The Developer shall provide all necessary engineering designs, surveys, field surveys, testing and incidental services related to the construction of the non -City acquired public improvements at its sole cost and expense, including final drainage study letter certified accurate by a professional engineer registered in the State of Colorado. 14. Improvements to be the Property of the City. All Public Improvements for roads, concrete curb and gutters, public storm sewers and public drainage improvements accepted by the City shall be dedicated to the City and warranted for a period of twenty-four (24) months following acceptance by the City, as provided above. 15. Conditions of completion for Public Improvements and non -City acquired public improvements. In order to secure the construction and installation of the non -City acquired public improvements, the Developer hereby covenants and agrees as follows: (a) No building permit shall be issued by the City for vertical construction within the Property until the requirements for non -City acquired public improvements listed on Exhibit C specifically applicable to the Property or phase, as applicable, on Exhibit C have been constructed and approved by the City. (b) No certificate of occupancy shall be issued by the City for the Property until the Public Improvements and non -City acquired public improvements listed on Exhibit C specifically applicable to the Property or phase, as applicable, on Exhibit C have been constructed and approved by the City. 16. Reserved. 17. Indemnification. Except to the extent caused directly by authorized agents or employees of the City, the Developer shall indemnify and hold harmless the City and its officers, employees, agents, or servants from any and all suits, actions, and claims of every nature and description caused by, arising from or on account of any act or omission of the Developer, or of any other person or entity for whose act or omission {00255113 4} 6 the Developer is liable, with respect to the Public Improvements and non -City acquired public improvements; and the Developer shall pay any and all judgments rendered against the City as a result of any suit, action, or claim, together with all reasonable expenses and attorney's fees and costs incurred by the City in defending any such suit, action or claim provided such suit, action, or claim. This indemnity does not include any legal action commenced by a third party against the City for any accidents, crimes or similar events not caused in whole or in part by the Developer or its agents, contractors or employees and outside of the Developers control. The Developer shall pay all property taxes due on any portion of the Property to be dedicated to the City and shall indemnify and hold harmless the City for any property tax liability in connection therewith. 18. Waiver of Defects. In executing this Agreement, the Developer waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power of the City to impose conditions on the Developer as set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 19. Third Party Beneficiaries. There are and shall be no third party beneficiaries to this Agreement. 20. Modifications. This instrument embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties. There shall be no modification of this Agreement except in writing, executed with the same formalities as this instrument. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 21. Release of Liability. It is expressly understood that the City cannot be legally bound by the representations of any of its agents or their designees except in accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado. 22. Captions. The captions to this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof. 23. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, successors, and assigns as the case may be. 24. No Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. {00255113 4} % 25. Invalid Provision. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of the other provisions shall remain in full force and effect. It is the intention of the Parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. 26. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, venue of such suit or action shall be in Jefferson County, Colorado. 27. Attorneys Fees. Should this Agreement become the subject of litigation to resolve a dispute over the interpretation of this Agreement or either party's rights or obligations hereunder, the prevailing party will receive reimbursement from the non - prevailing party of the prevailing party's reasonable attorney's fees and costs. 28. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the Parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either Party by notice so given may change the address to which future notices shall be sent. Notice to Developer: Evergreen -Clear Creek Crossing, L.L.C. c/o Tyler Carlson 1873 S. Bellaire Street, STE 1200 Denver, CO 80222 with a copy to: Jumps Law, LLC Attention: Brian Jumps 2630 West Belleview Avenue Suite 270 Littleton, Colorado 80123 Notice to City: Community Development Director 7500 West 29th Avenue Wheat Ridge, CO 80033 City Attorney 7500 West 29th Avenue Wheat Ridge, CO 80033 29. Force Ma'eure. For purposes hereof, "Force Majeure" shall mean delay beyond the reasonable control of the party claiming the delay, including, but not limited to, acts of God, government mandated closures, incidence of disease or other illness 100255113 41 8 that reaches outbreak, epidemic and/or pandemic proportions, any delay caused by any action, inaction, order, ruling, moratorium, regulation, statute, condition or other decision of any governmental or quasi -governmental agency or entity having jurisdiction over any portion of the Project, over the construction of the Public Improvements and Infrastructures or over any uses thereof, or by delays caused by any action, inaction, condition or other decision by any utility company responsible for "dry" utilities, or by delays in inspections or in issuing approvals or permits by governmental or quasi - governmental agencies, or by fire, casualty, flood, adverse weather conditions such as, by way of illustration and not limitation, wind, snow storms which prevent outdoor work from being accomplished, severe rain storms or below freezing temperatures of abnormal degree or for an abnormal duration, tornadoes, earthquakes, floods, strikes, lockouts or other labor or industrial disturbance (whether or not on the part of agents or employees of either Party hereto engaged in the construction of the Infrastructures), civil disturbance, order of any government, court or regulatory body claiming jurisdiction or otherwise, act of public enemy, war, riot, sabotage, blockage, embargo, failure or inability to secure materials or labor (including labor and materials shortages caused by national weather or other national events), or other natural or civil disaster, delays caused by any dispute resolution process provided herein or by the City Requirements, or any delays by injunctions or lawsuits concerning the overall project. Lack of funds or inability to obtain internal approvals shall not constitute Force Majeure. Any deadline hereunder shall be extended by Force Majeure. 30. Assignment or Assignments. There shall be no transfer or assignment of any of the rights or obligations of the Developer under this Agreement without the prior written approval of the City, except that Developer shall have the right, with concurrent written notice to the City, to assign or partially assign this Agreement to any affiliate or subsidiary of Developer or any successor owner or ground lessee of the Property. 31. Recording of Agreement. This Agreement shall be recorded in the real estate records of Jefferson County and shall be a covenant running with the Property in order to put prospective purchases or other interested parties on notice as to the terms and provisions hereof. Notwithstanding anything contained herein to the contrary, this Agreement shall terminate and be of no further force and effect once Developer or its successors and assigns have completed and satisfied all obligations under this Agreement. 32. Title and Authority. The Developer expressly warrants and represents to the City that it is the record owner of the property constituting the Property and further represents and warrants that the undersigned individual(s) has or have full power and authority to enter into this Subdivision Improvement Agreement. The Developer understands that the City is relying on such representations and warranties in entering into this Agreement. WHEREFORE, the Parties hereto have executed this Agreement on the day and year first above written. {00255113 4} 9 CITY OF WHEAT RIDGE, COLORADO By: _ XJd)/l�- B Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk L17 1Um em {00255113 4} 10 DEVELOPER Evergreen -Clear Creek Crossing, L.L.C. an I Arizona limited liability company By: Evergreen Development Company -2016, L.L.C. an Arizona limited liability company Its: Manager By: Evergreen Devco, Inc., a California corporation Its: Manager By: Name: Title: 42� A STATE OF COLORADO ) )ss. COUNTY OF/��d' On this the day of ,, , 2022, before me, the undersigned Notary Public in and for said Countyand 9i6te, personally appeared Tyler L. Carlson, the Executive Vice President of Evergreen Devco, Inc., a California corporation, as Manager for Evergreen Development Company — 2016, L.L.C., an Arizona limited liability company, as Manager for Evergreen -Clear Creek Crossing, L.L.C., an Arizona limited liability company, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he or she executed the instrument in such person's authorized capacity, and that by his or her signature on the instrument the entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. LISA RITTER NoWPublic NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20184019793 � P MY COMMISSION EXPIRES MAY 9, 2026 My Commission Expires: (S EAL) {00255113 5} 11 EXHIBIT A Legal Description of Property BLOCK 4, LOT 3, CLEAR CREEK CROSSING BLOCK 4 REPLAT, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO {00255113 4} Exhibit A, Page 1 EXHIBIT B Final Plat (see attached) {00255113 4) Exhibit B, Page 1 )3 w 4� aft�g�a 8R�sgoesosoB6�S� :o zg Wi=g$ E:F. WINN oboe Wg = a Sa Sz. n� a !K. -I B2 We e.y— u ♦ x \c onnu r NJ \­d•H\e Mnu 1VIA5NV1d\6— M— Jwl}9N80'61\3NOOKIO ;NOLLVJO'I ONVAYtlO TISNI— - a3nvs — m HOL - ." N-, ..'. 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O U J J O Z W H LLF R f' OozI(L J � I- = N J �� m yZoLL�g-,-,o U>wLnC LL +� z mLLW' (1) w_ O Op=m�" Vw�LDUO U C) ZOzw Y WW � rx� W UV W Qvoo� J JUaLL �L) UU ai'O N a—M LLZF Q ~OHOOU r W -' U Yc' Uva r [0 m w LL x O0E- g¢° W CL F LU Q� z Q 0 LU r F- F- U) U) !f t t t! ♦ l t t! t tt I ti --- i— j 32 w w ho zmw C N N mxG mnu 1 MW-4WPaN\C ONnu MoD-9Y60•a AUOOwW :NOLLYJO'1 ONI a lll&IIY'fn1N :Ae ¢MK 15YI M C1:Ot _T 'SL HM'�VW —0 — aI a HII 1o3 9 €R !f t t t! ♦ l t t! t tt I ti --- i— j 32 w w ho zmw C N N mxG mnu 1 MW-4WPaN\C ONnu MoD-9Y60•a AUOOwW :NOLLYJO'1 ONI a lll&IIY'fn1N :Ae ¢MK 15YI M C1:Ot _T 'SL HM'�VW —0 — aI EXHIBIT C Phasing Plan for Public Improvements and non -City acquired Improvements The Public Improvements and non -City acquired Improvements shall be installed as outlined below. Consistent with the Subdivision Improvement Agreement with the Master Development (reception number 2018065899) and with the approvals for this Project, Public Improvements and non -City acquired public improvements shall be installed in conjunction with Block 4 Public Infrastructures as follows: • No site-specific permits shall be issued prior to: o Recordation of the plat, o Recordation of this Agreement, and o Recordation of the Specific Development Plan for Life Time - Clear Creek Crossing. Permits also require approval of civil engineering plans, drainage and traffic conformance letters, construction control plan, and cost estimates. • A Site Work Permit may be issued upon approval of civil engineering plans, construction control plan, cost estimates, stormwater management plan (SWMP), and payment of City of Wheat Ridge use tax. • Prior to issuance of each building permit, the following fees associated with that permit shall be paid: o City of Wheat Ridge building use tax o Building permit and plan review fees • Prior to any vertical construction, the following shall be completed and accepted by the City: o Written notification to City and West Metro Fire Protection District of intent to commence combustible vertical construction o Installation of water mains and activations of fire hydrants with written acknowledgement from Consolidated Mutual Water District that fire hydrants are active o Installation of all-weather fire access and access adequate for conducting inspections, including off-site access as approved in Block 4 Public Infrastructure plans. Refer to the access exhibit in Exhibit C-1. During construction, periodic inspections of grading shall be required to ensure grades meet code and to achieve the intended rolling hill effect. If determined by Engineering as a need during inspections, stacked boulders or similar shall be incorporated to avoid steep slopes. Prior to issuance of the Certificate of Occupancy, the following shall be completed with Public Improvements to be accepted by the City: {00255113 41 Exhibit C, Page 1 ag o All on and off-site improvements as approved in Block 4 Public Infrastructure plans, including Public Improvements and non -City acquired improvements. o Non -city acquired improvements, including: ■ Adjacent sidewalks, parking lots, drainage inlets and associated piping, retaining walls, lighting, landscaping, and all utilities ■ Temporary curbing and fire turn -around on north side of the Property o Public Improvements including Widening of the southern access point to the Property and shared access to the adjacent Lot 1, Block 2, 70 West Business Center Filing No. 3 (3300 Youngfield Service Road) to the south, including landscape restoration. Exception to the above requirements: o Installation of landscaping, street trees, and irrigation is not required prior to Certificate of Occupancy if issuance of the C.O. occurs outside of the planting season, generally October to June. Refer to Section 10 of the Development Agreement. 100255113 4} Exhibit C, Page 2 EXHIBIT C-1 Access Exhibit (see attached) 100255113 41 Exhibit C-1, Page 1 J d � U � W U) 2 W W W Q ------- . §§,§ ! �)