HomeMy WebLinkAboutFOSSIL LAKE PUD THIRD - Filed DA-DEVELOPMENT AGREEMENT - 2004-06-11kCPTN # 2002016559 02/12/2002 15:4U:00 N PAGES - 12 FEE - $60.00
M kUUENBEkGEk BECUkDL'k, LARIMEk COUNTY Cu STATE DOC FEE - $.oU
DEVELOPMENT AGREEMENT
FOR FOSSIL LAKE PUD TIIIRD FILING
Tti
This Agreement is made this -6
day of�ea�gQ� , 2002, between the Board of County
m Comissioners of Larimcr County, Colorado ('the ounty"); Evedine, LLC, a Colorado
Limited Liability Company, 3030 South College Avenue, fort Collins, Colorado 80525 (`the
Developer,,); and The Village at Fossil Lake Condominium Association (`tile Association"),
WHEREAS the County has approved the master plan and Final Plat of Fossil Lake Planned Unit
Dcvclopmcnt by Findings and Resolution adopted and dated June 23, 1998; and
WHEREAS, the Developer is the owner of certain real property situated in Larimer County,
Colorado, which is a portion of the Fossil Lake Planned Unit Development, described in Exhibit
"A" attached hereto and incorporated herein ("the Property"); and
WHEREAS the County and the Developer agree that this Agreement, with respect to the
particular properly described in Fxhibit "A" replaces and supersedes the Development
Agreement fix Fossil Lake PUD, Second Filing (`Second Idling") dated July 3, 2001, and
recorded July 1 I, 2001, at Reception No. 200105641 1 of the Lai inter County records; and
WfIERLAS, the County has approved the preliminary plat for Fossil Lake PUD Third Filing
(... f'hird Filing") by Findings and Resolution dated September 10, 2001, and recorded on
October 17, 2001, at Reception No. 20010935 18 of the Larimcr County records; and
Wl IEREAS, the Developer has submitted to the County for approval, execution, and recordation
a Final Plat for the Third Piling; and
WHEREAS, the Developer desires to develop the Property in one phase using a defined set of
improvements, and
U'f1EI:L'AS, the County has considered the Final Plat, the proposed development and
improvements to the property, and the requirements to be imposed "poll the Property by reason
of the proposed dI :Vclopment and improvement of the Property included in the Final Plat; and
Wl'FlR)E 1S, the County is willing to approve, execute and accept for recordation the Final Plat
upon the agreement of the Developer and the Association to the matters described in this
Agrccmcut; and
WHEREAS, the County, the Developer and the Association mutually acknowledge and agree
that the matters described in this Agreement are reasonable conditions and requirements to be
mposed by the County in connection with its approval, execution and acceptance for recordation
of the Final flat, and that such matters are necessary to protect, promote and enhance the general
Nvclfarc.
NOW, TIIEREFORF, in consideration of the premises, the mutual covenants herein contained
and the approval, exccutio❑ and accgltaucc of the Final Plat parties agree as tbllows. for recordation by the County, file
Title of the Development:
The title ol'the dcvcloptnent is Fossil Lake PUD "I7tird Piling.
2. Description oI' Dcvclo imcul and Uses:
the Fossil Lake PUD "third filing is a nwlti family residential development of 48 units on 6.026
acres, creating a gross density of 7.97 units/acre, as specified in the approved Fossil Lake Master
Plan and the Final Plat of the Fossil Lake PUD. The condominium units will be in twelve fo"r-
plex buildings, each building on an individually platted lot. Each condominium shall include an
attached two -car garage and private entry. Approximately 3.1 acres (or 51%) of the site is
dedicated as open space. Use of the open space is largely passive, with the exception of,, n S-foot
Fossil Lake PUD Third Piling
Development ALrcement, Final Page I
i
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IN WITNESS \VI IITEOF, the parties have hereunto set their hands and seals this -�l day
of uoc - , 2002.
-----�—
ONVNER-DLVELOPCR:
Witness our hands and scaly this _/ day ofJanuary, 2002.
Gveiline, LLC a Colorado Limited Liabfity Company
BY: Doubl/c�;c ,�nc., ; oral oration, Manager
BY:—
Davicl Everitt, resldcnt
STA'IE'OFCOLORADO }
ss.
COUNTY OP LAIWA R )
I'he ILrcgoing inshumcnt was acknowledged before me this 1� day of January, 2002,
by David 1ivcritt, Plc:;idcnt of DOr1b1c L&G, Inc., a Colorado Corporation, as Manager of Everline,
LLC, a Colorado Limited Liability Company.
My commission expires: 1 Df
LARINIER COUNTY:
LARIMER COUNTY BOARD
OF COUNTY COiyiMISS10NERS
Chair to the Board
L_5- �—..
STATE' 01' COLORADO)
) ss.
COUN'I'Y OF LAIMIER)
otary Ile
,tsss�
Commission Expires 01/082004
The furegoing irlshunlcnt was acknowledged before me this _ day of _, 2002,
by- as Chair of the Board of County Commissioners of
Larinici County, Colorado.
Witness lily hand and official seal.
My C'omnlission t?>;pires:
Notary Public
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Fossil Lake PUD Third Piling !'age to
Development Agreement, 1'inol
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EXHIBIT "A"
Property Description
Fossil Lake PUD 'Third Piling, being a replat of Tract B, Fossil Lake PUD Second Piling, County
of Larimcr, Statc oI'CoIorado.
Fossil Lake PUD Third filing
Development Agreement, Filial
Page I I
EXI3IBIT "B"
Fossil Lalce PUD Third Filing
PUBLIC INFRASTRUCTURE IMPROVEMENTS
ITEIM
UNITS
UCOST
QTY
ITEM COST
Earthwork
Strip and Stockpile
CY
$ 1.25
1,000.
$ 1,250.00
Excavation
CY
1.25
1,290.
1,613.00
Compacted Fill
CY
.75
3,225
2,419.00
R.O. Curb, Gutter, & Walk Prep
LF
2.00
1,625.
3,250.00
Vert. Curb & Gutter Prep
LF
2.00
275.
550.00
Street Subgrade Prep
SY
1.00
2,850.
2,850.00
Earthwork
Sub -Total
Sanitary Sewer
Tie to Existing Main
EA
700.00
1.
$ 700.00
Sewer Main (8" PVC)
LF
32.20
710.
22,862.00
Manholes
EA
2,000.00
6.
12,000.00
4" Sewer Services
EA
950.00
12.
11,400.00
Final Adjust Manholes
EA
450.00
6.
2,700.00
Sanitary
Sewer Sub -Total
Water Utility
Tie to Existing Stub -Out
EA
500.00
1.
$ 500.00
Water Main (8" PVC)
LF
33.00
707,
23,331.00
Gate Valves (8")
EA
895.00
3.
2,685.00
1" Water Services and Curb Stops
EA
950.00
12.
11,400.00
Fire Hydrant Assemblies
EA
2,550.00
2.
5,100.00
Final Adjust Valve Boxes
EA
165.00
5.
825.00
Water Utility Sub -Total
Concrete
Outflow Curb and Gutter
LF
9.70
275.
$ 2,668.00
R.O. Curb, Gutter, & Walk (6")
LF
16.70
1,625.
27.138.00
Radii With Ramps
EA
1,025.00
2.
2,050.00
Mid -Block Ramps
EA
550.00
2.
1,100.00
8" Cross Pan
SF
5.40
170.
918.00
8' Bike Trail
LF
21.50
175.
3,763.00
Concrete
Sub -Total
Storm Drainage
18" R.C.P.
21" R.C.P.
5' Type R Inlet
Concrete Encasement,
Class M Riprap
Asphalt Paving
4" HBP & 7" ABC
Erosion Control
Silt Fence
Construction Entrance
Surveying and Testing
Surveying/Staking
Testing
Engineering
Design & Supervision
Miscellaneous
Engineering Design
Street Signs
Street Lights
LF 38.00 85.
LF 42.50 105,
EA 3,050.00 2.
18" R C.P. LF 50.00 20,
CY 150,00 2
Storm Drainage Sub -Total
SY 16.45 2,850,
Asphalt Paving Sub -Total
LF 2.45 1,800.
LS 1,200.00 1.
Erosion Control Sub -Total
$ 3.230.00
4,463.00
6,100.00
1,000.00
300.00
$ 4,410.00
1100.00
$ 11,932.00
$ 49,662.00
$ 43,841.00
$ 37,637.00
$ 15,093.00
$ 46,883.00
$ 5,610.00
LS 7,000.00 1. $ 7,000.00
LS 3,500.00 1. 3,500.0
Surveying and Testing Sub -Total $ 10,500,00
LS 15,225.00 1.
Engineering Sub -Total $ 15,225.00
LS 15,225,00 1. $ 15,225.00
EA 300.00 2. 600.00
EA 500.00 3. 1,500.00
Miscellaneous Sub -Total
CATEGORY SUB -TOTALS
Development Loan Collateral Requirement (15%)
TOTAL LOAN REQUIREMENT
�_ 17,325.00
$ 238,483.00
__ 35.772.00
$ _274,255.00
` Landscaping improvement totals are $219,675.00, which total is not included above in accordance
with Sec. 17 of this Agreement, "Landscape Collateral".
Fossil Lake PUD Third Filing
Development Agreement, Final
Page 12
H
bicycle -pedestrian path connecting the development with the proposed regional trail at the
southern boundary of the project. Landscape irrigation will be provided by connection to the
existing Fossil Lake PI ID non -potable water supply system.
3. Larinner County and (lie City of Port Collins:
The development is located in proximity to the City and there has been cooperation between the
County, (he City, and the Developer throughout the planning and approval process. Density, lot
layout, street configurttion and other land planning elements were approved by the County in
consultation with the City.
Furthermore, it is understood that the County, the City, and the Developer intend that this
development be annexed into the City shortly after Final Plat approval. Should the City not
annex this development, the County and the Developer agree to execute an amendment to this
Agreement within thirty (30) days of the City's decision not to annex, said amendment to delete
references to the City and to delegate the various City obligations and benefits by and between
the Developer and the Couu(y. It shalt be the Developer's obligation to notify the County of -tile
City's decision not to annex and to prepnre and provide to the County a proposed Amendment to
this Agreement.
Certain, engineering criteria and obligations described ill the Intergovernmental Agreement for
the Fort Collins Urban Growth Arca ("IGA") were negotiated by the County, the City, and the
Developer and are as cited in the approved Plat, Site Plan and construction drawings for the
development. The final construction plans for all required improvements have been carefully
coordinated with the City, as the inspecting and certifying entity during actual construction, to
insure that certain technical requirements have been addressed. The County Engineer shall
insure that the final construction plans are given to the City for review and that all applicable
City counncnts and requirements are addressed.
d. Water Ril,11ts and Interests:
The Developer shall satisfy water rights for this Property at or before time of building permit
issuance under the conditions as established for multi -family dwellings within the City of Fort
Collins.
5. Improvements:
"hhe Developer shall design, construct and install at its own expense all infrastructure
improvements including but not limited to streets, curbs, gutters, sidewalks, utilities, drainage
facilities, water and sewer facilities, and other improvements shown on the Final Plat or in the
supporting documents ill accordance with (he plans and specifications, as prepared by the
Developer's licensed engineers and professionals, and as approved by the County and the City.
All construction shall be performed in a good and workmanlike manner and in accordance with
applicable County and City standards, rules and regulations governing such construction. It is
understood that the standards, rules, and regulations of the City shall apply to the actual
construction and inspection of the herein described improvements.
G. Completion Date:
All improvements required for development of the Property, under the terms of this Agreement,
and all other matters agreed to be performed, shall be installed, constructed or performed by the
Developer un or before October I, 2002. "his date is not applica161c to the dwelling structures
proposed.
7. Water Supper
The Developer shall obtain water service from the Fort Collins -Loveland Water District. 'file
Developer shall install the water system improvements necessary to service the Property in the
manner provided on the approved utility plans. 'file water supply system shall be subject to
inspection by the Dort Collins -Loveland Water District during construction. The Developer shall
submit a letter of acceptance from the Port Collins -Loveland Water District I'm the maintenance
Fossil Lake PUD Third Filing
Development Agreement, I�ioal
Page 2
and responsibility of all water supply improvements prior to the release of any filial non -
warranty collateral or release of completed improvements.
8. Sewage:
All sewer lines required for the Development shall be constructed in accordance with the
requirements of the South port Collins Sanitation District and the County Engineer, and as
rellcctcd on approved utility plans. The sewer mains and supply service lines shall be subject to
inspection by the South Port Collins Sanitation District during construction. The Developer shall
submit a letter of acceptance tom the South Port Collins Sanitation District for maintenance and
responsibility of all sewer improvements prior to the release of any final non -warranty collateral
or release of completed improvements
9. Trenches:
Trenches for sanitary sewer and water, storm sewer lines, and utilities shall be compacted in
accordance with specifications as defined in the Final Utility Plans for the Fossil Lakc PUD
Third Filing. The Developer will test trench compaction while wort: is in progress. A sufficient
number of tests shall be made fo insure adequate compaction. The test results shall be certified
by the Developer's soils laboratory and maintained by the Developer for review by Fort Collins -
Loveland Water District and South I�ort Collins Sanitation District personnel. In the event
adequate compaction testing is not provided, either of the above entities may order such testing
and the Developer shall reimburse said entity for all such costs of testing. No release of the final
construction collateral or release of completed improvements shall be made until successful
compaction tests are received.
10. Streets:
All streets within the development shall be designated as "Private", as approved by the County
and the City staffs during the preliminary plat review process. The Developer shall construct all
street improvements as shown on the Final Plat and in the supporting documents for the
Development in accordance with the plans and specifications, as prepared by the Developer's
licensed cnginecc; .and professionals, and approved by the County and City Engineers. All street
layout and gcomcu is design shall be in accordance with applicable standards and as portrayed on
the approved constntction drawings. The Developer shall obtain a construction permit and any
rcquircd access permits prior to start of construction of any street improvements.
Although streets to be installed on the Properly are private, the Developer agrees to obtain a
statement from un engineer registered in Colorado that the street improvements have been
completed in substantial compliance with approved plans and specifications and that the
documenting engineer or his representative has made regular outside on -site inspections during
the course of construction and the field plans used are the same as those approved by the County
and the City.
Any excavations in existing City rights -of -way, for utility connections or any other purpose, will
only be allowed following the issuance of an Excavation Permit from the City. The Developer
agrees to obtain such permit(s) as needed and to comply with all requirements associated with
such pCnrit(s).
11. Sturm Drainage Improvements:
The Dcvcloper shall construct all storm drainage improvements as shown on the Final Plat and
on the ;final CUiI',lrrietiV❑ sped ficatious lot the Property, in accordance with the plans and
specilCal Ioils, as prepared by the Developer's licensed engineers and professionals, and
approved by the County and City Engineers. Completion of improvements shall be certified by a
professional engineer licensed in the State of Colorado, stating that the improvements and
facilities have been constructed in substantial conformance with said final development plan
documents. Release of ally final construction collateral is subject to the submittal and approval
of the Developer's engineer's certification of approval.
Ten (10) working days prior to the issuance of any Certificate of Occupancy, the portions of the
drainage improvement system that are immediately adjacent to or a part of each lot, including lot
grading required to be performed on any lot, shall be certified by an engineer licensed in
Fossil Lake PUD "third Piling Page 3
Development Agreement, Final
Colorado confirming that said improvements are completed and operational in accordance with
the final development plan documents. The certification shall confirm that any construction,
landscaping, fencing, or other improvements have not materially interfered with the system's
functionality and adequacy. Furthermore, the certification shall identify the lot corner elevations
and the top of lowest window well or lowest opening elevations of any improvements as well as
indicate the direction of drainage away from improvements, swales, drain lines or any other
elements that may facilitate drainage. No Certificate of Occupancy shall be approved unless
certification is submitted to and approve(] by the City.
The Developer and all subsequent owners shall be prohibited from constructing or storing
anything in any drainage easement or in any way disrupting or changing the drainage pattern as
initially designed and installed on the Development per the storm water drainage plan approved
by the County and the City. The Developer certifies that this prohibition has also been included
in the Declaration ofCovenants for The Village at Fossil Lake Condominium Association,
12. Public Service Company (Excel Enery;y) -- Natural Gas:
The Dcvcloper shall construct improvements as required by Public Service Company of'
Colorado (Excel Energy) to supply the Property with natural gas utility service. Improvements
shall be in accordance with Public Scrvice of Colorado (Excel Energy) specifications. In no
went, hOWCVCr, shall the County or the City be responsible for the inspection and/or acceptance
of natural gas utility improvements to the Property.
13. City of Furl Collins -- Electric:
'file Developer shall construct improvements as required by the City to supply Property with
electric utility Scrvice. Improvements shall be in accordance with the City specifications. In no
event, however, shall the County be responsible for the inspection and/or acceptance of electric
utility improvetneuts to the Property.
14. Q est Conlin till icartions - 'Celephuue:
The Developer shall construct improvements as required by Qwest Communications to supply
the Property with adequate telephone and communication utilities. Improvements made shall be
m accordance with Qwcst Communications specifications and shall incorporate a "joint -trench
agreement" with the City. In no event, however, shall the County or the City be responsible for
the inspection and/or acceptance of telephone and/or communications cable improvements to the
Property.
15. A"r&'p 13r0adb:urd -- Cable Television
The Developer shall construct improvements as required by AT&T Broadband to supply the
Property with adequate cable television and communication utilities. Improvements made sliall
be in accordance with AT&T Broadband specifications and shall incorporate a joint -trench
agreement" with the City. In uo event, however, shall the County or the City be responsiblc for
the inspection and/or acceptance of telephone and/or communications cable improvements to the
Property.
16. "As Built" Pl:urs:
The Developer shall provide to the City three (3) copies of "as built" plans prepared by a
Professional engineer for all drainage structures and facilities, street improvements, and other site
improvements constructed in connection with d,c development of the Property. All testing turd
quality control reports relative to public improvements shall also be provided to the City and
must be submitted prior to final City approval. The Developer shall provide to the particular
service provider "as built" plans for all water facilities, sewer facilities, and utilities.
17. L:utdscaping Improvements:
The Developer shall install the landscaping improvements as required in the Final Landscape
Plans for the Fossil Lake PUD Third Filing. Building permits and/or Certificates of Occupancy
shall not be subiect to completion of landscaping improvements; however, any final non -
warranty collateral lot landscaping improvements will be released only upon the receipt ol,
certification of' Coll] pletion.
Fossil Lake PUD Third Piling
Development Agreement, Final Page 4
Landscape Collateral. The installation and warranty for landscaping shall be separate and apart
from the improvements attached as Exhibit " B", and are as set forth on the approved Landscape
flan for the Property. The Developer may complete landscape installations on it phased basis as
depicted on file approved Landscape Plan, with the associated perimeter areas as logistically
feasible. On this phased basis, a letter of credit for 125% of the landscape subcontractor's bid
amount for each lot shall be issued to file City prior to ISSnanee of any Certificate of Occupancy
Ibr any condominium on that lot, unless the required landscape installations have been
substantially completed, as confirmed by the City inspection. Upon completion of installation of
the landscaping of each phase and the City inspection and approval of same, the City shall
t'CICaSC said letter of credit amount.
18. Erosion Control:
In order to protect the soil resources, the Developer shall construct erosion control facilities at
the commenceucnl of construction improvements as shown on the final construction
specifications for the Properly, and shall maintain said facilities' throughout the duration of
construction activities. The construction and establishment of acceptable erosion control
facilities Shull be assured and installed by the Developer and shall be included in the Inventory of
Intproventcnts and Cost Estimates attached hereto as Exhibit "B"
19. Fire Protection:
The Dcvcloper shall install tine hydrants as shown, and under the specifications required, on the
final construction specifications for the Property. The installation of acceptable fire suppression
facilities shall be assured and installed by file Developer and shall be included in the Inventory of
Improvements and Cost Estimates attached hereto as Exhibit "B"
20. Addressing:
The Developer agrees that individual addressing of the lots in the development is an important
factor for identification and safety during construction. 'File Developer agrees to obtain
addresses, as prescribed by the County and the City, including street name and house numbers
for each lot and to install identifying street and address signage.
21. C'ost Estimates and Guarantee of Improvements:
Estimates of the costs of completing the improvements required in this Agreement are shown in
Exhihif " B". The Developer shall fully comply with the County and the City regulations and
policies; Im improvements, agreements and requests for release of collateral. The County, the
City, and the Developer agree that improvements will be constructed in a single phase.
The Dcvcloper shall fiunish collateral to the County for the completion of the improvements
shown in Exhibit "B" in the lbrm of a Development Loan issued by a federal or state licensed
financial institution. The purpose of the collateral provided by the Developer hereunder is to
guarantee that suliicient Binds arc available for the completion and warranty of the
improvements desca ibed. The Development Loan shall slate at least the following:
(a) Development Loan shall be in the amount of f 15% of the estimated cost of constructing the
improvements.
(b) The Development Loan shall provide for payment upon demand by the City, if the Developer
has not performed the obligations specified in this Agreement, and the issuer has been
notilicd of such default.
(c) The Dcvcloper may draw from the Development Loan in accordance with the provisions of
this Agreement, and the Development Loan Agreement executed as an Addendum to this
Development Agreement.
(d) The issuer of the Development Loan shall guarantee that at all times the unreleased portion
of the Development Loan shall be equal to a minimum of 115% of the estimated costs of
completing uncompleted portions of the required improvements, based on inspections of the
development by the City. In no case shall the disbursement for to improvement it, m exceed
the cost esfinultcs in this Development Agreement.
Fossil Lake PUD Third Piling
Development Agreement, Pin;d Page 5
F
(c) The Development Loan shall specify that 15% of the total cost of the improvements amount
cannot be drawn upon and will be available to the City until released by the City, which
release shall be effected as soon as practicable following completion and inspection of the
required wort:. This amount will be considered warranty collateral and will be
proportionately allocated to die construction infrastructure categories as listed on Exhibit
"13", based on total cost within each category.
(f) The Development Loan shall specify the date of proposed expiration, which shall be the date
of release as established in paragraph (c) above, or two (?) years from the date of final
improvement, whichever shall occur first. Said Development Loam shall stipulate that in any
event, the Development Loa❑ shall remain in full force and effect until after the City has
received sixty (60) clays written notice from the issuer of tile pending expiration. Said notice
shall be sent by certified mail to the City Engineering Department.
The collateral shall be returned to the Developer pursuant to the Addendum and the City
regulations and policies for development agreements and requests for release of collateral. In the
event of a conflict between the Addendum and the City regulations and policies, the terms of the
Addendum shall connol.
Ten (10) days prior to the request for Release of Collateral, the City Engineering Department
shall be notified of the request. The City shall schedule an on -site walk through inspection of -
those elements that it is to inspect within five (5) days of being notified. Within five (5) clays of
said inspection, the City shall provide the Developer with notice of acceptance of improvements
and acceptance to maintain said improvements; or, in the event improvements are not acceptable,
the City shall provide to the Developer a description of the deficiencies that do not meet the
specifications. "file Developer shall make whatever modifications are necessary to overcome
said deficiencies and shall then notify the City, requesting re -inspection. Re -inspection and
approvals shall follow the time line as described above.
22. 1 eve lopet' Guaraulees and Warranty Collateral:
The Developer warrants and guarantees that all public improvements required to be constructed
Pursuant to this "greement shall be free from detects in design, materials and/or workmanship
and shall properly function fur the purpose intended for two years following approval of the
improvement by the City (the warranty period). 'file Developer shall correct, replace or repair
any public improvement discovered to be detective or faulty during the warranty period. Any
required correction, repair or replacement shall be commenced within thirty (30) days of the
City's written notice advising the Developer of the necessary work.
Upon completion of the public improvements not otherwise collateralized, The Developer shall
post warranty collateral with the City in a form acceptable to the City. The warranty collateral
shall be not less than 15% of the costs of the public improvements and shall remain in effect
during the entire two-year warranty collateral period. In the event the Developer fails to make
the necessary corrections, repairs, or replacements:
(a) The City may Ilse the warranty collateral to do the wort: to the extent of available funds_
Nothing herein shall be construed to require the City to conhplete the work in the event the
warranty collateral funds are insuflicient to finance the work.
(b)'file City and/or any property owner may commence an action against the Developer for
specific perfornwncc or for money damages for costs of the necessary work; and/or pursue
any other legal or equitable action against the Developer.
(c) "file City pray withhold building permits.
The above remedies shall be cumulative and the election to pursue one shall not preclude the use
of another.
23. Inspections:
(a) prior to annexation, no construction shall commence without written approval of the County
following a pre -construction meeting scheduled by the County Engineer. Following
Fossil Lake PUD Third filing
Development Agreement, Final Page 6
annexation, no construction shall commence without written approval of the City following a
pre-consuructiou mceting scheduled by the City Engineer. The Developer shall supply the
County or the City a schodulc of constructio❑ and shall notify the County or the City of
conmmeucemcnt of construction.
(b) Any inspections of public (City) improvements shall be performed by City Engineering
inspectors. Thcre shall be no fees paid by the Developer for said inspections. Said
inspectors shall have the authority to halt construction of any portion of the construction that
may be round to be out of compliance with the approved plans and specifications for the
development. In the event there is a dispute over the decisions made by the field inspectors,
the Developer shall promptly notify the City Engineer, in writing. The City Engineer shall
convene a meeting between the Developer, the City Engineer and the County Engineer
within two (2) business clays of receipt of the notice. Said dispute shall be resolved at this
meeting by the County Engineer. If the County Engineer determines that the work is not in
compliance, the Developer, within the time frame set by the County Engineer, shall correct it,
and if not so corrected, the City Engineer may declare the Developer in default of this
Agreement, and the Addendum.
24. Issuance of liuilrlin 'e'mits and Certificates -of occup:uicv:
For purposes of this Agreement, "Building Permit" shall mean any permit to begin work to
construct a building on the Property, including permits for footings and foundations. Unless
otherwise described, the County, the City and the Developer acknowledge and agree that
building pemits for individual lots shall be issued by the City, and only after installation of
water and sewer facilities, successful inspection of subgrade, application of aggregate road base
surfacing, as well as any necessary storm improvements, immediately adjacent to the lot for
which a Building Permit is sought, as well as such improvements for those areas of Fossil Lake
Second Piling %%hich are immediately adjacent to the Property. The City may restrict the
issuance of building permits or Certificates of Occupancy if construction is not in compliance
with an approved schedule, to be agreed upon by the Developer and the City.
The Developer acknowledges that all of the lots in the development include building envelopes
and that all structures must be located within the approved building envelopes as shown on the
approved final Plat Prior to the issuance of any Certificate of Occupancy, the Developer shall
submit a written certitication (condominium map) by a Colorado Licensed Surveyor verifying
that the sn'ucmrc is located within the building envelope and that the structure is located at an
elevation that is consistent with all approved drainage plans.
25. Fces:
The I)cvclol,cr shall pay to the County, at time of execution of this Agreement, as and if required
by the Count)', County and Regional Transportation Capital Expansion Fees, Community and
Regional Park Fees In Lieu of Dedication, School Fees, and Drainage Fees. Other development
fees shall be paid to the City, in the amounts in effect at the time of execution of this Agreement,
prior to the comnteuccmcut of wort:. 'The Developer acknowledges and agrees that such fees are
roughly proporlioual to impacts created by this development The Developer shall also pay any
other applicable legislatively formulated and duly adopted fees which are in effect and required
to be paid at the lime of building permit issuance provided such Ices are imposed on a broad
class ol'property owners.
26. lnfrastruetm'c Main(enance:
a) The County and the City have agreed in the IGA that the City will assume routine
maintenance and inspection of public improvements, if any, on the Property, at the end of the
warranty period.
b) Upon the expiration of the warranty (2 ),cars from the date of final acceptance of completion
oh the public improvements, if any, and i❑ accordance with ¶22 of this Development
Agreement), and upon consummation of the intended annexation process, the maintenance of
ally public improvcnncnts identilicd in the approved utility plans shall be the responsibility of
tine City, in accordance with the IGA. If the City fails or refuses to perform its inspection or
maintenance obligation, the County agrees that it will cooperate with the Developer to
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Development Agreement, Final Page 7
compel performance by the City of its maintenance and inspection obligations in connection
with this development.
27. Declaration of Covenants:
The Developer and Association certify that Article 8 of the Declaration of Covenants, Conditions
and Restrictions of the Village at Fossil Lake Condominiums shall provide for It regular
maintenance program and adequate funding for maintenance, repairs and replacements of private
improvements (including streets, curbs, gutters, sidewalks, drainage facilities, and landscaping)
and common areas and means of enforcement; continuous safety inspections and immediate
follow-up maintenance to correct unsafe conditions, and the receiving and processing of
complaints.
28, Liability/Indenrni
The County's or the City's review and approval of any plans, reports, or drawings or the City's
inspection and approval of any improvements constructed by the Developer under this
Agreement does not constitute a representation, warranty, or guarantee by the County or the City
that such improvements arc free from detects or will operate adequately for the purpose
intended. Current and successor owners of the Property assume responsibility for all
maintenance, repairs, or replacements of all private improvements, including, but not limited to
streets, curbs, gutters, sidewalks, landscaping, aid common areas.
The Developer agrees to indemnify and hold the County and the City, its officers, employees and
assigns harmless from and against all claims, costs and liabilities of every kind and nature, for
injury or damage received or sustained by any person or entity in connection with, or on account
of the perfurmancc, condition or quality of Aork at the development of the Property pursuant to
this Agreement. The Developer further agrees to aid and defend the County and the City in the
event cithcr or both is named as it defendant in an action concerning the performance, condition
or quality of' work pursuant to this Agreement, except where such suit is broLl,;hl by the
Developer against the County or the City. The Developer acknowledges it is not an agent or
employee of the County or the City.
Nothing in this Agreement shall be construed as a waiver, either express or implied, of the
immunities, rights, benefits, and protections afforded the County and the City under the Colorado
Governmental Immunity Act.
29. Defirult/Enforcement:
Upon default of the provisions of this Development Agreement and/or the Addendum the parties
agree that this Agreement may be specifically enforced by either party or either party may
proceed in any other manner authorized by law for a breach of contract. "fhe remedies set forth
herein are cumulative and the election to use one shall not preclude use of another. In the event
Of default by either party, such party agrees to pay all expenses incurred by the other party
occasioned by said default, including, but not limited to, a reasonable expense for altorney's Ices
in enlorcing this Agrecnnent. In addition, the County or the City may:
(a) DCntand payment under the Development Loan and use the proceeds to complete the
improvements specified herein. Nothing herein shall be construed as requiring the City to
complete all of the improveents specified herein in the event the proceeds of such
Development Loan arc not sufficient mcient to finance all the improvements.
(b) Issue a written notice to the Developer to appear and show cause why the plat shall not be
vacated. Giving the notice shall be denied complete upon mailing the same certified mail to
11W address stated hCICitt. Said notice shall designate the date, time and place the port Collins
City Council will conduct a hearing to consider vacation of the plat. Said hearing shall be
not less than thirty (30) nor more than sixty (60) days from the date of the notice.
(c) Proceed in the manner described in the Latimer County Laud Use Code or State Statutes
for a violation of the State or local subdivision regulations.
(d) Withhold building pertuits.
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Development Agreement, Final
30. ApplicaMi"f Other Regidat ions and Conditions:
This Agreement and the terms, conditions and covenants contained herein shall be deemed to
complement and shall be in addition to the conditions and requirements of' the Larimer County
Land Use Code and Lite IGA, and other applicable laws, rules and regulations, notwithstanding
anything contained or referred to the contrary.
31. Periodic Reviews:
The County or the City may conduct periodic reviews of the status of the development as
appropriate to monitor and enforce the terms of this Agreement.
32. Binding Effectof
This Agreement is inlcnded to provide for the orderly construction and maintenance of structures
and other improvements on the Property. This Agreement shall be a servitude running with the
Property. "those owners of the Property or any portion of the Properly who obtain title
subscyucnt to the date of this Agreement, their heirs, successors, assigns or transferees, and
persons holding under the Developer shall comply with the terms hereof.
If the Properly becomes included within the boundaries of any city or town, the County's rights
under this Agreement shall automatically pass to the governing body of the city or town and the
successor town or city may enforce this Agreement against such subsequent owners and those
holding under them.
In the event the Developer translcrs title to the Property and is thereby divested of all equitable
and legal interest in the Propert}, the Developer shall be released 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(s)
shall be bound by the terms of this Agreement.
33. Notations :nut liecordation:
The Developer shall note on the final subdivision plat, as a plat note, and in a disclosure
statement the existence of this Agreement by reference to Reception Number and Pilm Number
as recorded by the Larimcr County Clerk and Recorder. The Developer shall note on the final
subdivision plat the body responsible for maintenance of roads or other public facilities. The
Developer shall file for recording with tile Larimer County Clerk and Recorder this Development
Agreement, deeds and/or any other documents required as part of the approval by the Board of
County Comuiissioncrs of the Property.
34. C'outlict with Other Documents:
In the event of a conflict between the terms or conditions of this Agreement and the Declaration
Of' Covenants, Plat Notes, Disclosure Notice, or Findings and Resolution, this Agreement shall
control.
35. Severalr�:
If any part, terms, or provision of this Agreement is held by a court to be illegal or otherwise
unen(otceable, such illegality or unenforccability will not affect the validity of any other part,
terms, or provision and the rights of the parties will be construed as if the part, terms, or
provision was never part of this Agreement.
36. Controllio •Law:
The laws of the Stale of Colorado shall govern this Agreement.
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Development Agreement, Final