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HomeMy WebLinkAboutGREENSTONE PUD PHASE 1 - Filed OA-OTHER AGREEMENTS - 2003-11-17ONE P.U.D. PHASE 1 and PHASE 2. AMENDMENT AGREEMENT NO.1 THIS AMENDMENT AGREEMENT, made and entered into this 1 72,,,, day of of 19941, by and between the CITY OF FORT COLLINS, COLORAD , a municipal corporation, hereinafter referred to as the "City"; and STONER AND COMPANY, INC., a Colorado corporation, hereinafter referred to as the "Developer"; and GREENSTONE, INC., a Colorado corporation, hereinafter referred to as the "Owner" is an amendment to that certain "Development Agreement" dated the 12th of July, A.D. 1993, by and between the City, GreenStone, Inc. and Jay D. Stoner. WHEREAS, the parties hereto (or their predecessor's in interest) previously executed the Development Agreement; and, WHEREAS, the parties are presently desirous of modifying the Development Agreement; NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Subheading II. Special Conditions; Section D. Streets; Paragraph 3. shall be deleted from the Development Agreement. 2. Exhibit "B" of the Development Agreement is hereby replaced with the attached new Exhibit "B." Except as herein modified, the Development Agreement shall continue in full force and effect. This Agreement and the Development Agreement constitute the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, a MuTZ: o 1 Crpora 'on By Z Y� �- City Manager ATTEST: {v� CITY CLER APPROVED AS TO CONTENT: Director of Engiheeril APPROV AS TO FORM: City Attorney DEVELOPER: STONER AND COMPANY, INC., a Colorado ATTEST: PoBerta Greeno, Secretary OWNER: GREENSTONE,INC., a Colorado corporation By D Stoner, President ATTEST: By: (corporate seal) Re a Deno, Secretary EX- ff1,017 1/6' MEMORANDUM DT: April 14, 1994 TO: Glen Schlueter, Stormwater Utilities Craig Foreman, Parks and Recreation i FM: Matt Baker, Engineering Department RE: Cost Sharing on CR 32 Box Culvert - Greenstone PUD The proposed box culvert on CR 32, just east of Lemay Avenue is ready for construction. This memo will outline my proposal for cost sharing between the City departments of Engineering (Street Oversizing), Parks and Recreation, and the Stormwater Utility. The following outlines the responsibilities of the parties involved in the costs: Developer - Fixed cost based on local street portion of structure needed by development (double Tx 7' culverts) Street Oversizing - Oversized portion of structure being built (25' x10' 3-sided box culvert) Storm Drainage - Incremental portion of upsizing culvert to handle regional flows, expressed as a percentage (upsizing from double 7' x 7' culvert to double 10' x 8' culvert) Parks & Recreation - Incremental portion of upsizing culvert for pedestrian underpass, expressed as a percentage (upsizing from double 10' x 8' culvert to 25' x 10' 3-sided box culvert) Background: This culvert crossing is being constructed in conjunction with Greenstone PUD, Phase I & II. During the development review process, Stormwater indicated the need to expand the size of this culvert to handle regional stormwater flows. Parks and Recreation also indicated a need to use this crossing as a pedestrian underpass for an important regional trail network to connect the City of Fort Collins with the City of Loveland. Stormwater directed Lidstone & Anderson, a consulting engineer, to size the crossing. Parson & Associates, the developer's engineer, designed the final structure, a 25' wide by 10' high precast 3-sided box, with the pedestrian crossing underneath. Lidstone & Anderson also prepared three engineers estimates of cost for three sizes of culverts: 1 The double 7' x 7' precast culvert required by the historical flows, which is the size of the: culvert initially required by the development. 2 A double 10' x 8' precast culvert, which would be the size of the culvert needed by the Stormwater Utility to handle both historic and basin improvement flows. 3 A 25' x 10' 3-sided precast box culvert, which is sized to accommodate a pedestrian underpass needed by Parks and Recreation, plus the stormwater flows. (A copy of these estimates are attached). Although these estimates are not quite accurate with the final project bids, they are consistent with each other to give a percentage of costs. Using these estimates, the percentage of the costs of the final 25' x 10' culvert breaks out as follows: Structure Cn%t Porrontnno Original Development Double Tx 7' $193,300 56.87% J Stormwater Utility Double 10' x 8' $259,700 19.53% Parks & Recreation 25' x 10' 3-sided $339,900 23.60% Although, this matrix gives guidance on the increase in costs from the original development structure by Storm Drainage and Parks & Recreation, there are other issues that need to be explored. Developer's Portion: The developer's portion of the cost is the local street portion of double 7' x 7' culvert. This is significantly less than the local street portion of the final 25' x 10' 3-sided culvert. The excess costs for increasing this culvert should be borne by Stormwater and Parks & Recreation. Street Oversizing: The street oversizing fund would normally reimburse the oversized portion of the culvert. Even though the original double 7' x 7' culvert has been increased to a 25' x 10' 3-sided culvert, street oversizing will reimburse for the center (oversized) portion greater than the local street portion of the larger structure. City/County Boundary: Because the structure is built on the UGA Boundary, there is no city developer for the south side. The structure will not be extended to the south (into that local street portion) unless required by a county development, or improved as a future capital project. (Because it is in the county, a future county developer may not be reimbursed for the increase in the structure's size, however, that is a future issue). Temporary headwalls and wiingwalls will be built on the south side until such time as the structure is extended to full major arterial width. The increased cost for the 25' x 10' 3-sided wing and headwalls over the double 7' x 7' culvert wingwalls should be borne by Stormwater and Parks and Recreation. Roadway Grades: Looking at the design vertical curves of the proposed CR 32 street improvements, the roadway required an additional 1.5 ft of fill for the 25' x 10' 3-sided box culvert over the double 10' x 8' box culvert. Since this is the result of the increase in size for the pedestrian underpass, Park and Recreation should bear this cost. This will be a separate item because the roadway project is separate and will be bid after the construction of the culvert crossing. Preliminary estimates of this additional fill is approximately, $4,000.00. Cost Analysis: Bid price (see attached bid tab) for the 25' x 10' 3-sided box culvert is $296,082. Figures generated use this as the total cost of the structure, which includes engineering, traffic control, construction management, and a 10% contingency. The developer's portion has been calculated (but not verified) at $32,753.00. An estimate of the street oversizing reimbursement for the oversized portion of the 25' x 10' 3-sided culvert is $144,785.00. The split between Stormwater and Parks and Recreation is based on the original percentages of the Lidstone & Anderson estimates. Storm Drainage bearing 45.28% of the remaining costs and Parks & Recreation bearing 54.72% of the costs. The final breakout of probable costs to each party would then be estimated at: Total Price $296,082 Lowest bid for 25' x 10' 3- sided box culvert Developer $32,753 Based on local street portion of double 7' x 7' box culvert Street Oversizing $144,785 Based on oversized portion of 25' x 10' 3-sided box culvert Remaining costs $118,544 Includes wingwall, parapet, grouted rip -rap, guard rail, and box culvert cost over and above developers portion Storm Drainage $53,677 45.28% of remaining costs Parks & Recreation $64,867 54.72% of remaining costs 4,000 Additional fill material $68,867 Total cost Summary: I am in the process of verifying the developers cost estimate submitted for review. However, I believer the figures outline in this memorandum are accurate for budgeting purposes. Construction of this structure will commence within the next few weeks. Stormwater and Parks and Recreation are requested to appropriate their portion of the cost for payment to the contractor as soon as possible. As we have done on previous projects of this type, I will receive requests for reimbursement from the developer, calculate the portions for the various City departments, and forward them to each department for review and payment. If you have any questions, please do not hesitate to contact me at x 7732. CMOFV�OWCU iNS LETTER AGREEMENT REGARDING SLOPE EASEMENT GreenStone P.U.D. in the City of Fort Collins, Larimer County, Colorado This Letter Agreement will set forth an Agreement between the City of Fort Collins ("the City") and GreenStone P.U.D. Homeowners' Association ("the Association"). GreenStone P.U.D. ("the P.U.D.") is a residential subdivision located in Section 1, Township 6, Range 68 West of the Sixth P.M. At the time this Letter Agreement is written, the subdivision improvements for it are being installed. A portion of the P.U.D. borders County Road 32. When the P.U.D. improvements are installed, certain landscaping and equestrian trail improvements will be installed on the perimeter of the P.U.D. that borders County Road 32. Such improvements include fences, sprinklers, horse trails, sidewalks, and the like. When the P.U.D. subdivision improvements are installed by the Developer for County Road 32, the Developer will perform certain grading and street work in the County Road 32 right of way and slope easements (as recorded on the plats for the P.U.D.) that will serve as an interim condition, until such time as the City widens County Road 32 and installs sidewalks. The City and the Association recognize that County Road 32 will be widened by the City at some presently unknown date in the future. The Association therefore agrees not to install any buildings, sheds, or other structural improvements in the area lying in the right of way of County Road 32 nor the slope easements bordering County Road 32. That is, the only improvements in such area will be fences, sprinklers, horse trails, landscaping (but not including trees), and the like. The Association further acknowledges and agrees that the City shall have the right, when the City in its sole and absolute discretion determines, to widen or otherwise improve County Road 32, and to re -grade the area within the County Road 32 right of way and adjacent slope easements. In doing so, the City shall have the right to remove fences, sprinklers, landscaping, and the horse trails. The Association shall have no claim whatever against the City or its agents for the alteration or removal of any such items, nor for the loss of use of any such items. The City covenants and agrees to cut and cap the sprinkler systems then existing, at its expense, and to hydro -seed the altered or re -graded area, at its expense. However, the City may utilize a method other than hydro -seeding so long as the City 1 c r CIS cn cc cc plants the disturbed area, in a reasonable manner, with grass. The City may select the type of grass used in such seeding, so long as the type chosen is reasonably suited for the Fort Collins climate. The City shall have no duty whatever to replace any landscaping within the disturbed area, and the Association shall have no right or claim whatever for the loss of any such item. This Letter Agreement shall be recorded with the Larimer County Clerk and Recorder and shall be binding upon the Association, its successors and assigns, and upon all future owners and occupiers of the strip of land on which slope easements exist adjacent to County Road 32. This Letter Agreement is signed by the parties hereto on the dates i n Ai.4w4 AA, o A -Pe / e-- 1994, shown by their respective signatures. Ark" I � 1994 Date STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument F day of` 6 , of the City of F rt Collins, CITY OF FORT COLLINS, a Municipal Corporation / BY: 14��—1 Steve Burkett, City Manager was acknowledged before me this 1994, by Steve Burkett, City Manager a Municipal Corporation. Witness my hand and official seal. My commission expires: INbtary Public W4-11- 5, 1994 Date &C �� 1994 D to APPROVED A TO FORM: City Attorney APPROVED AS TO CONTENT: 'Lzz � - Director of Enginee - 2 - i/ eN 5'/ , 1994 Date STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) GREENSTONE P.U.D. HOMEOWNERS' ASSOCIATION y Stoner, President ,7 The foregoing instrument was acknowledged before me this VSr day of. %>i,gFc'rf , 1994, by Jay D. Stoner, President of GreenStone P.U.D. Homeowners' Association. Witness my hand and official seal. My commission expires: - 3 -