HomeMy WebLinkAboutFOSSIL LAKE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-06-14NCPTN ; 99049832 06/07, 9y I o. :00 4 PACE. - 20 FEE - v_, i '1
OfRODEN ERURR RECORDAR, 1ARIMJR COUNTY CO STATE DOC, - 1.011
SUBDIVISION DEVELOPMENT AGREEMENT
Relating to Developer's Obligations in
FOSSIL LAKE P.U.D., FIRST FILING
TIIIS AGREEMENT is made this _day of 9%
by and between the Board of County Commissioners of Larimer County, Colorado
County-), aad Fverline. LLC, A Colorado Limited Liability Company, of 3030 South
College Avemuc. Fort Collins, Colorado 80525 ("Developer").
WHEREAS, Larimer County has approved the master plan and preliminary plat
of Fossil Lake Planned unit Development ('`PL1�") by Findings and Resolution adopted
and dated June'_. 1998; and
WHEREAS. Developer has submitted to the County for approval, execution and
recordation a 6nai subdivision plat for Fossil Lake PUD, First Filing ("First Filing"); and
WHEREAS. Developer desires to develop the PM) using a defined set of
improvemcntss and
WHEREAS, County has considered the final subdivision plat, the proposed
development and improvements to the land therein, and the requirements to be imposed
upon the land and properties by reason of the proposed development and improvement o
the land included in the teal subdivision plat; and
's HERFAS. County is willing to approve. execute and accept for recordation said
plat upon the agreement of the Developer to construct and install the improvements
related to the First Filing as herein described; and
WHEREAS. County and Developer mutually acknowledge the existence of and
support the principles and intent set forth in the Fossil Creek Reservoir :area Plan.
adoptcd by di:� Cm ofFon Collins City Council onMarch 17. 1995, and by the Larimer
('ounty Pianning Commission on March 25, 199& and in the httergovemmental
Icemcnt for the ort , )thus [urban Growth Area, adopted on May 5, 1998,'m, both the
ratan h. or 'the I minter ('ounrA ho ud of Commissioners and Ihc A -favor of the City of
Fort Collins: and
WHEREAS. County and Developer mutually acknowledge and agree that the
,natters hue ruff 1 s. forth ,r� reasonable conditions and requirements to be imposed by
lle C 'nilllt% Ill --omiectioll With its approval, execution and acceptance for 'iecordatlon of
th.' lin:P sul% I isien plat, and that 'Leh matters are necessary to DrOLeeL. promote and
cnhana.:hc aenerai welfare.
the date time and place the Board of County Commissioners will conduct a hearing to
conside v tcat.on o+ the plat. Said hearing shall be not less than thirty (30) nor more than
sixay (00) days from the date of the notice.
(c) Procccd in the manner described in the Larimer County, Subdivision
Rcsciution or Colorado State Statutes for a violation of the state or local subdivision
regulations, including withholding building permits.
20. infrastructure _-Maintenance:
a) Larimer County and the City have agreed in the Intergovernmental
Orcement for the Fort Collins Urban Growth Area ("Intergovernmental Agreement")
that the City will assume routine maintenance and inspection of public improvements.
b) Upon the expiration of the warranty (2 years from the date of final
acceptance of completion of each construction infrastructure category of improvement
and in accordance with 117 of this Development Agreement), the maintenance of the
public improvements identified in the approved utility plans shall be the responsibility of
the City of Fort Collins, i❑ accordance svith the Intergovernmental Agreement, 11'the
City kilos or rcfuscs to perforn its inspection or maintenance obligation. the County
agrees that it %kill cooperate with the Developer to compel performance by the City of its
maintenance and inspection obligations in connection with this development.
21. Issuance of Building Permits:
(a) For the purposes of This Agreement, 'Building Permit'' shall mean any
permit to begin work to construct a building on the site, including permits for footings
and foundations- nlcss othersvise described. the Developer acknowledges and agrees
that Ruilding Permits for individual lots shall only be issued after installation of water
and ,ewer facilities- successhtl inspection of subgrade, application and inspection of
❑ggwyc road base surfacing. as well as anv necessary storm drainage or detention
facilities. and drainagc improvements. immediately adjacent to the lot for which a
Buildjtng Permit is sought Larimer County may restrict the issuance of buildin, permits
of ( crniicates OF Occupann if consauction is not in compliance with an approved
sci,cdulc, to be agmad -apon by the Developer and the ('ounty. Furthermore. the Larimer
unty Planning Director may adjust the number of permits allowed in Paragraph 10 it,
in file ;,)to discretion of th0 Director, additional permits could be allowed.
b; Dwcloner ic,ires to construct a recreation center and cenain mode!
homes in the First Mug. h is acknowledged and agreed by Developer and Larimer
nmv that iidl Ruilding Permits for said consttucton may be issued upon the
nsutllauon of adequate Are prowcoon in the vicinity of lots specified for such purposes
at :veil as adequate temp t aq construction accesses to each such specified site. Full
Hnildin, Pc:nii, ,r We proposed ina cments shall not be subject to the
roqulrcmems of Paragraph 21 ly above.
10
22. Periodic Review:
Larimer County may conduct periodic reviews of the status of the development,
which is the subject of this Agreement. said review to occur at least annually.
23. Transfer of Propertv:
This A,-,rccment is intended to provide for the orderly construction of structures
and other improvements on the property. Those owners of the property or anv portion
thereof who obtain title subsequent to date hereof, or persons holding under Developer or
subsequent ok�,ners, shall comply with the terms hereof and the County and any successor
town or city may enforce this Agreement against such subsequent owners and those
holding under them. In the event the Developer transfers title to the property and is
thereby divested of all earitable and legal interest in the property, the Developer shall be
I eleased Prom liability under this A,=reement with respect to any breach of the terms and
conditions of this Ag eement occurrinL after the date of any such transfer of interest. In
such event. the succeeding property owner shall be bound by the terms oP this
Agreement.
'0-
2d. rotation and Recordation:
The Dcveloper shall note on the final subdivision plat, as a plat note, the existence
of this Aareement by reference to Reception Number and Film Number as recorded by
the Larimer 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 the Larimer County Clerk and Recorder this
Suhdivision Development ALreement, deeds andior any other documents required as part
of the approval by the Board of County Cominissioners of the above referenced P11D.
IN WITNESS AUITEREOF, the parties have hereunto set their hands and seals this
'4 day of
OWNER -DEVELOPER:
VVERLINE, LLC, A Colorado Limited Liability Company
BY: Double I &C,'Inc., ular alter, A Colorado Corporation
r /=
oy_
Bv:"I- -- -
David Everitt. President
STATE OF COLOR4DO
) ss.
CM NTY Ol� LARMER )
The foleuoim_z instrument was acknowledged before me this /,21 day of iL
IJ�G by 04.1i as PreSi ,en" of
W'itncss my hand and official seal.
Yh, Commission Expires: ?t1Pl��et
Notary Public
A�
J
LARVVIER COUNTY:
LARIMER COUNTY BOARD
OF COUNTY CONEMISSIONERS ATTEST- > >
0 _ I I h
I',Chair to the Board Deputy Clerk -
STATE OF COLORADO )
) ss.
COUNTY OF LARIDQER )
The fore<�oine instrument was acknowledged before me this _� day of
_SS, cin
Witness my hand and official seal.
vly Commission Expires:
m/ Commission Expires
03i30i2002
vArE
UVRMWAU FCA1!
,WWANT LYWI IATMRM R'
I 1
Notary Public
i�
�Vy EXHIBIT X
PROPERTY DEStPTION
Fossil Lake PUD First Filing
North Property
,: parcel of land being part of the West Half (W 1/2) of Section Nine (9), and part of the
-Norhwest Quarter NW 1 /4) ot'Section Sixteen (16), all in Township Six North (T.6N.), Range
Si:ry-eiuht West (R_68W.) ofthc Sixth Principal Meridina (61h P.M.), County of Lorimer, State
of Colorado and'oeing more paiticulariy described as teilaws:
BEGINNING at the West Quarter Comer of said Section 9 and assuming the West line of the
Northwest Quarter (NWI/4) of said Section 9 as hearing North 00°00'10" WcA (Rce. North
OV02'32" East) a distance of 2643.82 feet with all other bearings contained herein rehdivc
thereto:
THENCE North 00°00'l0" West along said West line a distance of 1869,44 feet (Rea Notch
00002'32" Eas'r, 1369.49 feet) to the Southwest Comer of [he parcel of land recorded as
Reception Number 93070899 of the records of the Larimer County Clerk and Records. (LCCR);
THENCE South 87°59'40" Past (Rec. North 875707" West) along the South line of ;he
aforesaid parcel of land a distance of 33.02 feet;
THENCE South 00°00'10" East a distance of 489.05 feet to a Point of Curvature (PC);
THENCE along the Arc of a curve which is concave to the Northeast a distance of23.56 fee,.
whose Radius ie 15.00 fret, whose Delta is 9VOO'00", and whose Long Chord bears South
45"00'l0" Fast, a distance of 21 21 feet to the Point of Tangency:
T1iLNCE North 89"59'50" lust a disumce of 581.00 feet to a PC;
T7.[F1i iCl: along the .4rc of a curve which is concave to the South a distance of 35.12 feet, whose
Pvdius is 268.50 feet, whose Delta is 0702914l11, and wnQ5c Long Chord bear,; South 86°15'20"
East a distance of 35.10 lest;
THENCE North 07°29'31" East along a line radial to the aforesaid curve a distance of 15i69
See:;
THLNCE South 60"02'33" last a distance of 942.93 feet;
THENCE North 29°57'27" East a distance of 1125 feet;
THENCE South 60oO2'33" East a distance of 98.85 feet;
'1 HLNCL South 29°5727" West a distance of 191.75 feet;
THENCE South 60°02'33" East a distance of 16.00 feet
T11LNC2 South 29°57'27" West a distance of342.00 feet;
TI-IENCE South 60°OT33" East a distance of 398.77 feet;
T;- MNCF. South O1 °54'47" West a distance of 110.07 Teel to the Northerly line )('that parcel of
that laid as recorded October 19, 1994 as Reception Number 94085271 of the records of the
LCClt;
Thence along the North and West line of the aforesaid parcel of land by the following Two (2)
euur: cs and distances:
THENCE' Nonh 38"05'14" West (Rec. South 88°02'40" East) a distance of 277.16 feet:
THENCE South 00100'42" West a distance oC282.47 feet (Rec. North OY03'15" East, 282.47
feet) to the �iortlrwcst Comer of that parcel of land as recorded .April 17, 1991 as Reception
Number 910I lo5: of the records of the LCCIt;
Th-�'iCF South > i °30' 1" East along the Westerly line ofthc aforesaid pared of land a d.'stalmc
of 561.47 feet (Rec. `forth 51 "28'18" Wes:, 561.47 feet) to the Nurthwcstct'ly Comer of that
pav,cl of land as recorded June i5, 1992 as Reception Numbs.: 92033792 of the records of the
i,CCR;
' acncc along '1:c 'Nesterly line of the aforesaid parcel of land by the tollowing Two (2) courses
and distauccs:
TfiENCE South OO°0Q'42" West a distance of 1033.38 feet (Rec. North 00°03'15" East, 1031SS
feet);
iI TTNCF. `,oath 50"40'08" La., a durance of'_48.66 f-:et (Rec. Nonh _40°37'35" West, 258.87
feet) to the Northwesrerly line of that pucel of that hand as recorded August t, 1903 in Boos 130
on Pagc 261 of the scords of the LCCR;
?hence along the Northwesterly and Westerly Line of the aforesaid parcel of land by the
Following Si' (6) courses, and distances:
I
Property llcscripdoa (continued)
Fossil Take?UD First Firing
THENCE North 89040'00" Wcst (Rcc North 89°40' Wcst) a distance of 7.98 feet;
THENCE South 07°25'00" West a distance of 185.00 feet (Rce. South 07025' West, 185 feet);
THENCE South 32°40'00" East u distance of 138.00 feet (Rcc. South 32°40' Lest, 138 feet);
THL-NCE South 14000'00" West a distance of 370.00 feet (Rec, South 14000' West, 370 feet);
T.IIENCE South 04030'eo" West a distance of2'_2.00 feet (Rcc. South 04030' `Nest, 212 feet);
THENCE' South 01 °10'00" West a distance of 2f3.25 feet (Rec. South 01 *10' West, 293 fectto
the South line of the Southwest Quaver (SW I)4) of said Section 9;
I'111:NCL South 88006'37" East clan., said South line a distance of 18.06 feet to the
Northeaster;; Comer of last parcel of land described as being part of the NW 1/4 of Section 16
end descrbed in tbat document as recorded May 5, 1997 as Reception Numbcr 97027922 of the
records of the LCCR:
Thence alone d,,c Easterly and Southerly Ise ofthe aforesaid parcel of land by the following
Fouroccn (14) cnurses and distances:
THENCE South 66":1'33" West a distatce of 139.18 feet (Rec. North 66'57' East, 155 feet);
THENCE South 39°0733" West a distance of 29t.00 feet (Rcc. North 89053' East, 291 feet);
THENCE South 69'01'33" `Nest a distance of 399,00 feet (Rec. North 69047' East, 399 feet);
THENCE South 23°00'33" West a distant of 225,00 feet (Rec. North 23°46' East, 225 feet);
THENCE South 1 1 ° 15'27" East a distance of 231.00 feet (Rec. North 10'30' West. 231 feet);
TIJLNCE South 33°28'27" last a distance of 230.00 feet (Rec. North .32°43' West, 23,0 feet);
711ENCH South ti6°10'^^-7" East a distance of 290.00 feet (Rce. North 65025' West, 290 feet);
THENCE South 19'13'2-," East a distance of 202.00 reel (Rec. North 78°28' West, 202 feet);
THENCE Somh tog"01'2T' East a distance of 154.00 feet (Rec. North 02°16' West, 154 feet);
ME.NCE South 27" 633" West a distance of 316.00 feet (Rec. North 28°42' East, 316 feet);
'1-HE-NCE North 67°51'T7" West a distance of242.00 feet (Rec. South 6706' East, 242 feet);
iIEi`iCE?forth 81°372 r' West a distance of 489.00 feet (Rec. South 30°52' East, 489 feet);
idEN CE North 60°58'27" Wesr a ditumce of 301.00 feat fRec. South 60013' East, 301 feet);
1:ILNCE Noes: 66°1 o'27" West a distance of 701,00 feet (Rec. South 63'31" East, 701 feet) to
the Wesr line of ncc NW I/4 of said Section 16;
TI iENCE North 00' 14'33" East along the Was, line of said NW 1/4 a distance of 892.00 feet
(Rcc. South 01 °00' West, 892 feet) b the Northwest Comer of said Section 16, also being the
Southwest Corner of said Section 9;
THENCE North 00007'50" East along the West tint of the Southwest Quarter (S W I/4) of said
Section 9 a distance u f 2645.33 feet to the POINT OF BEGINNING.
Said described parcel of road contains 199.545 Acros, more or less (=) and is subject to any
riwha-of-way or other easements as granted or reserved by instruments of record or as now
enuring on said described parcel of land.
EXHIBIT B
PROPFRTY DFSCRYPTIONL
Fossil Lake PUD First Filing
South Property
A parcel of land being part of the Northeast Quarter (NLI/4) of Section Twenty (20), Township
Sia ,North (T.Sri,), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (61h
Couliv, of Larimer, Statc of Colorado and Leing more particularly described as foilows:
BEG NI TNG at the Northeast Corner of :aid Section 20 and assuming the Fast line of said
NE1/4 as bearing South 01 °43'04" East a distance of 2662.69 feet with all other bearings
contained herein relative thereto:
THENCE South 01 °43'04" East along said East line a distance of 2662.69 feet to the East
Quarter Comer of said Section 20;
THENCE South 87024'14" West along the South line of said NE1/4 a distance of 2374.74 Ceet to
the Southeast Comer of that parcel of land as described as the exception for a reservoir site and
right-of-way for ditch antounting to 24 acres in Book 1124 on Page 207 as recorded Septembcr
7, 1960 in tha records of the Larimer County Clerk and Recorder (LCCR);
Thence long the Easterly and Southerly lines of the aforesaid parcel of land by the following Five
(5) courses and distances:
THENCE North 38'26'46" West a distance of 329.49 feet;
THENCE North 02'11'46" West a distance of 1502.00 feet;
THENCE South 81'41'46" East a distance of 370.00 feet;
THENCE North 69'44' 14" East a distance of 429.00 feet;
THENCE North 12'09'14" East a distance of 859.00 feet to the North line of said NE1 4;
THENCE North 87°19'02" East along said North line a distance of 1607.25 feet to the POiNi
OF BEGINNING.
Said described parcel of land contains 138,834 Acres, more or lcss (e-) and is subject to any
rights -of -way or other easements as granted or reserved by instruments of record or as now
existing on said described parcel of land.
1 \
CONSTRUCTION INFRASTRUCTURE IMPROVEMENTS
FOSSIL LAKE P.U.D. FIRST FILING
L4RIMER COUNTY, COLORADO
ESTIMATED
COLLATERAL
TOTAL
CATEGORY
IMPROVEMENT
COSTS
15.00%
COSTS
Earthwork:
1
CLEAR & GRUB
58,000.00
$1,200.00
$9.200.00
2
STRIP & PLACE ;Non -Struct. DII)
50.1-5.75
7.526.36
57.70211
UNCL. E;<. (cut)
168.7DE.75
25,305.86
194.011.81
4
EMBANKMENT Iccmcac:ed'ilil
73,`3710
11.720.6'.
89.818.01
C. G & 1AJALK PREP
535.OG
80 25
61 i25
f;
ROLLOVER C & G PREP
19.295.00
2.894.2E
22.1892°
7
VERTICAL C & G PREP.
8.706.6E
1,306.00
10,012.65
8
OUTFLOW C & G PREP
78200
117.30
899.30
STREET SUBGRADE PREP.
26.883 00
4,03245
30.9154E
.,
10
4 1/2' OFTACHED WALK 14") PREP
11,554.0E
1,7-
13237 16
11
5' DETACHED WALK (4L PREP
3.638.60
E4579
A,184.39
12
5' WALKWAY 14") PREP
1,955.00
293-25
2248 25
13
2' TRICKLE PAN l6"^ PREP
3,019.50
452.93
3.472.43
4
SHAPF_ & GRADE
18.900.00
2835.00
21,73E_no
SUBTOTAL
40C 287.70
60.043.16
460.330.86
Sanitary Sewer:
15
TIE -INTO EX_ MANHOLE
227E_00
341.25
26'6.25
16
8" PVC SEWER MAIN
259.123,52
38,868.53
297.992.35
17
18" PVC SE'dVER MAIN
130,20C-00
19.5-10.00
149.730.00
18
DEWATER & STABILIZATION BEADING
72,'97.80
10, 859.67
83.257.47
19
48'' DIA MANHOLE
9'.800.00
13,770.00
105,570.00
20
60"DIA. MANHOLE
18, 350.00
2, 752.50
21.10250
21
VSFWER SERVICE
82,000.00
12.300.00
94.300_00
SUBTOTAL
656.1-=6.32
98.421.95
754.568.27
Water Utility (On Site):
22
8" PVC H2o MAIN
227 717.36
34,157.60
261,874.96
8'' GATE VALVE
30.544.00
4,581 60
35,125.30
2a
3/4" H2o SERVICE & CURB STOP
84,050-00
12607.50
96.657.50
25
05' FIRE HYDRANT ASSY IGV.T & BL1
37.224.00
5.583.60
42,507.60
16
TEMPORARY HYDRANTASSY :CV)
14,400.00
2,160.00
16.560.00
SUETOTAL
393.935.36
59,090.30
453,C25.66
Off -Site Water
Improvements:
27
TIE-iNTO IN 12'
1,57E_00
23625
1 311 25
38
12' DIP H2o MAIN
37.195.60
13.37Q -_4
100.274.S4
C9
12" GATE VALVE
126E_00
189.75
1.G5475
30
TRAFFIC CONTROL.
1200.00
180.00
1.38C 00
SUBTOTAL
91.235.60
13.685 j4
104.920 94
Storm Drainage:
24" N-"2 PIPE
I- DA; 49
1.14, 11
14.889 61
32
K N-12 PIPE
1 1,5.',6.00
2030AD
I5,5c 40
,"1
1' CLASS 3 R.CP
11,389.30
1.798.4C
13,781 70
4
24" C._ASS 3 F..GP
22 -28.68
3409.10
-6,137 98
-ASS 3 R.0 o
16.163.30
_ 42.3T
18.5_6.37
CLASS 3 RCP
3569-60
E35.44
4.105_C4
-
DS FLARED END SECTION
34400
5' 60
39E.5v
8
3C" ADS FLARED END SECTION
532-00
-9.80
EI t80
18' RCP FLARED END SECTION
680 00
102.00
?82 C
_4" RCP F_aRED END SECTION
-92 30
373.30
2.86E_80
RCP FLARED END SEC-10N
3.038 00
45.7C
33=93 7C
33" RCP FLARED END SFC-ION
i 21C 00
182.4C
1.398.=0
43
d8" DIA S`CRNI MANHOLE 4') (24"Less)
8.'.D0.00
1.215.00
9
44
FYPE Ll .RIP -RAP id50=9"
'2''00.00
1 200.00
3800 L'0
CHI" I ; ou'ccivISion i eloorrenl �. reement ressl Lake I IJ D - Larimer Count'
CONSTRUCTION INFRASTRUCTURE IMPROVEMENTS
FOSSIL LAKE P.U.D. FIRST FILING
LARIMER COUNTY. COLORADO
ESTIMATED
COLLATERAL
TOTAL
CATEGORY
IMPROVEMENT
COSTS
16.0096
COSTS
88
ABC SMOULDER
'3.965.60
2,09484
16.0a0-44
c_
P.AVEMENT iUTARKING
7.44500
1.116.75
8.E61.79,
90
RECCNSTRUCT EX DRIVE`,VAY
�250.5C)
537 SO
4.88-.50
91
TRAFFIC CONTROL
2.650 00
397 SC
3.04T.50
SIGNAGE
875.00
131255
1.00615
Erosion Control:
.,�
SEED & HYDRO -MULCH -CO RD. 95DUTH
�.5.;Q00
529.50
4,059.50
SUBTOTAL
268,759.75
40.312 96
309.073.71
COUNTY ROAD #9
(North):
Earthwork:
94
STRIP & PLACE
274.05
41.11
315.16
95
STRIP & STOCKPILE
1,279.80
191.97
1,4717'
96
UNCL EX_ (cat)
1,36715
205.07
1„572.22
97
EMBANKMENT Icomoacted fill)
1.60770
24t16
1,848,86
98
STREET SUBGRADE PREP
8,947 50
1,3u2.13
10,289.63
99
SHAPE &GRADE
1.280.00
19200
1,472.00
Asphalt Paving
100
4" HBP 10' ABC
126,219 40
18,932.91
145,152 31
101
ABC SHOULDER
9,31040
i319656
10706.96
102
PAVEMENT MARKING
5,920.00
888.30
6,808.00
103
RECDNSTRUCT EX DRIVE'NAY
I,7co 1C0
255.00
1,955.00
1 C4
TRAFFIC CONTROL
2,650.00
397.50
304T 5C
105
SIGNAGE
875.00
13125
1.00625
Erosion Control:
106
SILT FENCE
1.470.00
220.50
1,690 50
107
SEED & HYDRO -MULCH
3.530.00
52950
4,059.50
SUBTOTAL
166.43100
24,964.65
194.395.65
COUNT( ROAD 36
1CA
V HBP' 1C"ABC
3.597.20
539.58
-,..3 -3
SUBTOTAL
3.E57.2C
53958
4,1-6?8
Erosion Control
(On Site):
109
STRAW BALE CHECK DAM
5.500/10
825.00
6.325.00
IC
5GRAVEL INLET FILTER
225.30
.,..., �
25675
10' GRAVEL INLET F1L7ER
30C.00
".35.O0
5' GRAVEL INLET FILTER
675.00
'01 25
--_.__
DEFLECTOR GRAVE- INLET FILTER
300.00
=i00
345.00
SULEPI".LK CULVERT ',TILTE,R
75.00
11.25
6625
;
' SIDEVAJILX CULVE,R, 71TER
Eljc.CC
s0 00
59 ).-0
SiLT r-zNCE
3.1a5.3C
662-5
!.:
SEDIMENT -RAP
840.CC
126.110
966.00
-
EROSION SEE, & MUL
Ti 050.00
i0.621 50
91 c-,
SITE T CTAL
83 -,Sc 00
_50290
93.35_.SJ
Surveying:
119
Sur,e`nng
60.500.00
9.825'0
-53Z5.00
SUBTOTAL
65.500.00
9.525.00
-5325.D0
r; HIEIT S'IF ti Visscn 1n ,--ement F„ssi Lake P U_L' - I arimer County
CONSTRUCTION INFRASTRUCTURE IMPROVEMENTS
FOSSIL LAKE P.L.D. FIRST FILING
LARIMER COUNTY, COLORADO
CATEGORY
IMPROVEMENT
Testing:
120
Tasting
SUBTOTAL
Landscaping 3 Amenities:
121
Landscaping & A.menities
SUBTOTAL
Miscellaneous:
TYPE ill BARRICADES
123
SIGNAGE (STREETS)
SUBTOTAL
Electrical Service:
124
Under Separate Ccntrnct
SUBTOTAL
Natural Gas Service:
Under Separate Contract
SUBTOTAL
Telephone Service:
I,^_6
- Ur,der Separate Ccntract
SUBTOTAL
Supervision:
�-
Supervision charge
SUB—OTAL
PROJECT GRAND TOTAL
EYHIBI ) "rUrivison r ,ccmenr r<ame n F CSSI: _arce - Latimer Courty
ESTIMATED
COLLATERAL
TOTAL
COSTS
15.00%
COSTS
29.475.00
A.42125
33.8962E
29475X
4.421.2E
33.596.2E
4?5.000.00
7 1.250.00
2E0 00
475.000.00
?1 250.00
546.250.00
17 010A0
2,E5150
19,56150
6,60r_r0
990.00
-590.00
23.610.00
3,541.50
27 151.E0
0 00
0.00
0.00
0.00
0.00
0.00
0 co
0.00
0.00
0.00
0_00
0.00
0-00
0.00
9.00
000
0.00
0.00
20248929
0.00
202,A8929
202,489.29
0.00
202A8929
$42E2.275
>607 463
:54, 359.743
NOV✓, THEREFORE, in consideration of the premises, the mutual covenants
herein contained and the approval, execution and acceptance of the plat for recordation
by the County, it is a<crecd as follows:
Master Plan and Preliminary Plat:
The approved Nla ier Plan and Preliminary Plat of Fossil Lake PLD consists of
two non-contiguous parcels, the legal descriptions of which are shown on the attached
Exhibit A (ih- "North Parcel"); and Exhibit B (the "South Parcel"). The land uses
approved for the North Parcel consist of 4_8 single family lots, 58 patio/townhouse units
on Tracts U and C, and a variable use on Tract A of nei_hborhood service or commercial
uses such as daycare, church, office.. photo studio, etc. In the event one or more of these
tvpcs of neighborhood service or commercial uses occurs on other properties within a IS
mile radius of "fract A, then the Developer shall be permitted to have a maximum of 80
multi -family dwelling units on Tract A. Land uses described above shall be developed
on the North Parcel. in substantial conformance with the land use lavout as depicted on
the Master Plan.
The South Parcel shall consist of open space and agricultural land, with the
exception of three (3) lots. all as shown on the Master Plan. Two of the lots will
accommodate existing dwellmcs and the third is For the purpose of permitting
construction of a new dwelling unit. The open space and agricultural lands will be
encumbered with a Conservation Easement and maintained using the guidelines of an
accompanying Resource Management Plan, which will be approved in connection with
the approval of the final subdivision plat for the First Filing.
3. Extended VestM2 Agreement:
The County has approved the extension of the statutory vesting period for the
Pt D and the effective period For the Master Plan. Such approval has been formally
embodied in a separate agreement between the Count% and the Developer entitled
ASrcement to Emend Vested Rights for Fossil Lake PI-D which has been approved by
the ;30ard of County Commissioners on December 21. 1998 Said Agreemeni small
;;ovcrn all issues regarding vesting of the Master Plan and Pt--D.
Larimer County and The Citv of fort Collins:
t ne [It D is located in proximuy to the Citv of Fort, Collins ("City") and there has
peen cooperation benvee❑ the County, the Citv and the Developer throughout the
planning and approval process. It is acknowledUed that the P[JD approval by the C ounty
preceded the ador'non and approval of the May, t998 Intergovernmental Agreement !-or
the ne,,,% ✓ exptmdc d Fort (oilms Crean Growth Arca (" 1CA-): however, the tensity, lot
Iavout- t> sot ti�-,uratien and ofner land planning atements vcre approved by tha
C oui;ty ttter consultation with the City. Funhernlore, it is understood that the Cotmty.
City and De"clope -aiize ihis Development �siil eventually be annexed into the City.
Thcrcforc, ccrtain engineering criteria and obligations described in the IGA shall be
imposed upon the PUD in accordance with the Finding and Resolution adopted by
Larimer Count,t on June -_' 1998 -which states "The final construction plans for all
rcquu-co improvements shall be carefthly coordinated with the City of Fort Collins to
insure that all technical requirements are addressed." The County Engineer shall insure
that the final construction plans are given to the City for review and that all applicable
City comments and requirements are addressed.
V. Inspections and Warranty:
fhe development of lots, tracts, and outlets of Fossil Lake PUD, First Filing shall
he inspected and warranted in accordance with adopted policies of Larimer County as of
December 10. 1994 and Exhibit A as attached. Future filings shall be rcatured to
participate in inspection and warranty policies duly adopted by Latimer County at the
time these filings rnav be approved, to the extent consistent with Developer's Vested
Ri ,iits. T«o year warranty pe ods guaranteeing against defects in materials and/or
workmanship. fitr each category of construction infrastructure improvements, as
described on attached Exhibit C. shall begin upon Final construction acceptance by the
Count% of each construction infrastructure improvement category.
5. First Filing Improvements:
Developer shall construct or install all streets, curbs, gutters, utilities. drainage
COIIDOi5, write- and sewer facilities. flood protection devices and other improvements
;hewn on the subdivision final plat and/or in the supporting documents for the First
Filing in accordance with the plans and specifications, as prepared by the Deeeioper's
icensed engineers and professionals, and approved by the County.
All improvements required to be constructed or installed for the development of
the I-irst Him, of Fossil Lake PUD, and all other matters agreed to be per6ormed herein
shall he installed, constructed or performed by Developer within three years of the date
on which the final subdivision plat is approved. All construction shall be performed in a
toed and tarorkmanlikc manner and in accordanccwith applicable County standards.. rules
and rc,ulations governing such construction.
6. Water Sup aiv:
Deg: ckttter shall install the water system improvements necessary to ser,, ice First
slin_ in th .-tanner provided on the approver ul tv plans. The tvater supply system
situp he subicct to insnection nv the Fort Coiiins-Loveland kk%ater District and, the County
Engineer durine construction. Developer shail submit a Letter of acceptance i=iom the
uict °(r the m ti ,tenancc aird responsibility of all water suppiy improaernents prior to
hL. of the : ,tal non .ti rrant%, collateral r release ofcomoleted impm%c!"ents.
7. Sewage:
All sewer lines required for First Filing shall be constricted in accordance with
the requirements of the South Fort Collins Sanitation Distract and the County Engineer
and as reflected on approved utility plans. The sewer mains and supply service lines shall
he subject to inspection by the District and the County Engineer dunIh1 construction.
Developer shall submit a letter of acceptance from the South Fort Collins Sanitation
District for the maintenance and responsibility of all sewer improvements prior to the
release oi'the final non-waranty collateral or release of completed improvements.
8. Trenches:
Trenches for sanitary sewer and water, and storm sewer lines shall be compacted
in accordance with specifications defined in Exhibit A of the Final Utility Plans for Fossil
Lakc 13.1 .D First Filine, Trench compaction will he tested by the Developer while work
is in progress, and testing frequenev shall meet criteria detailed in Exhibit A. The test
results shall be certified by the soils laboratory and maintained on file at the site by the
Developer for review by Latimer County and Citv of Fort Collins inspection personnel.
In the event that compaction testing is not provided, Latimer County and/or City of Fort
Collins may order such testing, and Developer shall reimburse the County or City for all
such testing expenses incurred. No release of the final non -;war an y collatera or release
of completed improvements shall be made until successful compaction tests are received.
9. Roads:
Developer shall construct all road improvements as shown on the subdivision
final plat and in the supporting documents for First Filing in accordance with the plans
and specifications. as prcparcd by the Developer's licensed engineers and professionals,
and approved by the Courry En�-nriccr. .All sheet layout and geometric design shall be in
accordance with applicable County standards and as portrayed on the approved
constriction drawings for the First Filing of -Fossil Lake P.U.D. All street construction,
to include the pavcnhent desi,,n and technical criteria, shall he performed in accordance
I the standards attachcu s Exhibit A of the Final Ltility Plans of Fossil Lake P.L.D.
Developer shall submit the fallowing items to request the final release of
completed road improvements:
u A statement must be submitted from an Engineer registered in Colorado
th:It the road improvements have been completed in substantial compliance with
anpre�cd :Mans and soe:iiicatior.s and that the docurnentinp Engineer or his
cprescurativ:s ut�e mare outside on -site inspections during the course of
n.<.tr'-, :on and :he !Meld plans utrized are the same as [hose approved by Larimer
County.
tbi T2 t tcsuft,s :Host be submitted for all phases of this project as per
olorado Deparimeut ofH,ghwav <cheJule for minimum materials samplrn-,, tesnnu and
1
inspection as found in CDOH Materials Manual and as required by the Larimer County
En,_,ineerine Office.
(c) Three (3) copies of the "as built" road improvements plans must be
submitted at the time Developer requests a final release of completed road improvements.
All do%iations from approved plans must be listed and shown on the "as built" plans.
No release of the final non -warranty collateral shall be made tmtil the above listed
items- have been submitted.
11). County Road 49 — Offshe Improvements:
It is acknowledged and a- eed that the Developer will be responsible for
reconstruction of County Road 9 north of County Road 36 as a condition of approval of
the Project (the "off site hnprovements"). The Offsite Improvements shall consist of the
desi,,n of the ultimate road to meet current Larimer County standards for an arterial, and
construction of the center 36 feet of the asphalt mat in a manner and with a vertical
proliic consislcnt with the ultimate dcsiLm. it is also acknowledged by the parties that
other property owners are in the process of planning and engineering the reconstruction
of the Otsite improvements as needed to serve other projects in the vicinity. The
Dcvelope- shall not he required to design or construct the Offsac Improvements
immediately upo❑ execution of this agreement. The parties agree that in the event the
1 arinner County Engineer determines in his sole opinion, that sufficient progress has not
bccn made by others in the design and,%or construction of -the Offsite Improvements by
Jam!nry i. 200O, he shall by request made in writing require that the Developer design
and complete construction of the Oftsite improvements prior to December 1, 2000 or
❑c,otiate %vith the Developer an alternative course of action and completion date. The
Dcreloper shall be e'igiblc for reimbursement of expenses incurred in accordance with
anplicahle Larimer Cowlty requirements. Such reimbursement may be in the form of an
oversi/ing reimburserncnt. a third par,. repay agreement, a reimbursement from Capital
1'xpansion Fees. or a combination .-,fall of the above. If there is a reimbursement from
allital Fxpansion Fees, it shall be limited in amount to those fees paid by the Fossil
Lai<: P-i.D. development and in proportion to the distribution of site generated traffic
usinu County Poad 9 versus other major county roads as indicated by the Developer's
tatlic stud% with the option of inclLidiag, in such reimbursement any Capital Lspansion
es paid to Larimer Connt" by arc subsequent de%elopments directly accessing the
(Affsite Imnro�. cm' -Tits.
11. Storm Drainwje Improvements:
(a) Developer shall construct all storm drainage improvements as shown on
the subdt,-ision 'cinal Plat and in the supporting documents for First Filing, in accordance
uuitr '.hc piallS and specil;cations. as prepared by Developer's licensed engineers and
p!ei�essionals. anci approved by the County Engineer. Compiction of improvements shall
',c C�l'tlilcd 1i,.. a ht �lce'10!;fll 8nahicer't'censcd In the State of Colorado. statln'o that the
mprovcments. al d tac,litics. have been constructed in substantial conformance Gvnh said
ina.l ,Io,Inpmcn. plaii _tou!ments. pror t.. the issuance of said aeritication, building
U
permits for 45 homes, the recreation center and up to 11 model homes, may be issued by
1_arimcr County, subject to Paragraph 21 below. Release of the final non -warranty,
collateral is subject to the submittal and approval of said engineer's certification of
approval.
(b) Ten (10) working days prior to the issuance of any certificate of occupancy
(temporary occupancy of model homes and/or recreation center excluded) the portions of
the drainage improvement system that are immediately adjacent to or a part of each lot,
including lot grading required to be constructed on anv lot, shall be certified by an
engineer licensed in Colorado confirming that said improvements are completed and
operational in accordance with said final development plan documents. Said certification
shall confirm that am, construction, landscaping, fencing, or other improvements have not
lualcrialiv inta-fercd with the system's functionality and adequacy. Furthermore.. said
ccrtification shall identify the lot corner elevations and the top of lowest window well or
lowest opening elevations of any impmvemenB, as well as indicate the direction of
drainage away from improvements. soaks, drain lines or any other elements that may
facilitate drainage. Said certification shall be submitted to the Laritner County Engineer
who shall Fax a copy of the certification to the City of Fort Collins for review. No
C'crtificatc of Occupancy shall be approved unless certification is approved by the
Larimer County Engineer.
12. i_andscaping Improvements:
Developer shall install the Landscaping improvements as required in the Final
Landscape Pans for the Fossil Lake PUD, First Filing. Completion of improvements
shall be ccrtilicd stating that the improvements have been constructed in substantial
conlinanancc with said final development plan documents. Building pet7nits and or
ccrtidcttcs of occupancy shall not he subject to completion of landscaping
improvements; however, the final non-varranrr collateral for landscaping improvements
will he released only upon the receipt of certification of completion.
13. Public Service— Natural Gas:
Developer shall construct improvements as required by Public Se vice Company
of ('olorado to supnhr the First Filio u with natural gas utility service. improvements shall
be in accoidau. .vith PuNic Ser%lcc of Colorado Specifications. In oo ,vent. hog cvt r,
,hail be _esponsibic for the inspection ant or acceptance of nan ai gas
utility: improvements to the First Filing.
14. City of Eort Collins— Electric:
�ecelopc : ball construct unproeeme -ts as required by My of Fort Collins tc
aphh; the First riling with ,lectric LAW) service. improvements shall be in accordance
t�tl -,I F7,)r t.l, ItnJ Stn:eittcatmn& in no 'P era, I c, Fe /f:r. ihall La:—imc.i (.aunty be
csponsible iix the inspection andlci accept�-IIC or CICCItric unity ultprooc.ncnts to the
(11
aA
15. Telephone and Cable:
Developer shall construct improvements as required by US West to supply the
PUD with adectuate telephone and communication utilities. Improvements made shall be
in ❑ccordance kith US West specifications. In no event, however. shall Lanmer County
be responsible for the inspection and, or acceptance of telephone and/or communications
cahlc improvements to the PM.
16. "As Built" Plans:
The Developer shall provide to Latimer County, the City of Fort Collins, and/or
the particular service provider (in the case of water and sewer installation) "as built
plans" as prepared by a Professional Engineer for all utilities, drainage detention
strucrures. road improvements. and any other site improvement constructed it: connection
with the development of this PhD. -Ul testing and quality control reports shall also be
provided to the County and City, and must be submitted prior to Final Acceptance,
17, Cost Estimates and Guarantee of Improvements:
Detailed estimates of the costs of completing the improvements required in this
A=rcement are shown in Exhibit C. Developer shall fully comply with the County
reutdanons and policies for subdivision improvements, agreements and requests for
rcicasc o f collateral.
Developer shall furnish collateral to the County for the completion of the
mprovements in the form of a Development Loan issued by a federal or state licensed
Ilnancial institution. The Development Loan shall state at least the following.
(a) The Development Loan shall be in the amount of 115 percent of the
estimated cost of consmtcting the improvements.
(b) Flit Dcvelopment Loan shall provide for payment upon demand by
omit.. i!- DC,:elope;- has not performed the or;hgations spe I led in this ALYnc-anent, and
III(: issuer has been notified of such detault.
ci Devotorcr may Brave tiom the Development Loan in accordance with the
pro% iewris of the Latimer County Subdivision Regulations. the Subdivision Improvement
rccmcnt for Fossil Lake P1;.D.. First and the terms of this �a_reement.
(d) The issuer of the Development Loan shall ,uarantec that at ail times the
uu !cas :i portion of the Dc cloome,.t Loan shall be equal to a minimum of 11S percent
of the estimated COSTS of completing uncompleted portions of the required improvements..
bNs�d nn 1n5DeL.!Cns 01 C.e%torment by the ounl`d. in 'm, C. rSe Shall the
disbursement for an improvement item exceed the cost estimates in this Subdivision
Development Agreement.
(c) The Development Loan shall specify that 5 percent of the total cost of the
construction infrastructure improvements amount cannot be drawn upon and will be
available to the County until released by the County. This amount will he considered
Warr arty collateral and will be proportionately allocated to the construction infrashrtcture
catc,aories as listed on Exhibit C. based on total cost within each category.
(1) The Development Loan shall specify the date of proposed expiration
which shall be the date of release as stated in paragraph ('0 above, or two (2) years from
the date of final subdivision improvement acceptance for each construction infi-astructure
catc�ziory lister on Exhibit C, whichever shall occur first. Said Development Loan shall
stipulate that in any e%-ent, the Development Loan shall remain in full force and effect
until after Lar mer County has received sixtv (60) days written notice from the issuer of
the pending expiration. Said notice shall be sent by certified mail to the Director of
1_ailmer County Planning Department.
The purpose of the collateral provided by Developer hereunder is to guarantee
that sufficient funds are available for the completion and warranty of the improvements
described.
The collateral shall be returned to Developer pursuant to the County regulations
and policies for subdivision improvements agreements and requests for release of
collateral, Ten ( 1)) days prior to the request for Release of Collateral, the City shall be
notified of the request and shall schedule an on -site walk through inspection within five
(5) days of being notified. Within five (5) days of said inspection, City shall provide the
nuns% En_inccr with a letter of acceptance of improvements and acceptance to maintain
said improvements. In the event improvements are not acceptable. City shall provide a
wttten description of the deficiencies that do not meet the plans and specifications to the
Developer and the County Engineer. Developer shall make whatever modifications are
necessary to overcome said deficiencies and shall then notify City and County requesting
c-ii,spcction_ Rc-inspection and approvals shall follow the time line as described above.
However, in the cvcnt that any portion of the work and improvements have not been
made, installed, completed or perfotmed by the date in paragraph 5 above. the Cotmty
n,ay ha%C such rc ainima work and improvements completed in such means and in such
manner. by contrmt with or ,Nithout p thit. letting, or otherwise. as it may deem
dvisabic- and die County shall be entitled to use the aforementioned collateral for this
pnlhoSC. In .he C%,:nt the Collateral is not sufficient to complete the ]mproVeme'nts
agcireci io he constructed or installed_ the County shall be entitled to payment of such
.Xccss in any permitted iry law. The liability of the institution issuing the
Development Loan shall not, however, exceed the face amount thereon. The County's
C CI.S.Jnt '..t) i'Iease CO11'dl:@:'al Shall not fe considered as an acceptance of such
mprovcr cuts ins the Count, for itainterancc purposes unless the County uidicatcs
otl:cr�wis'. The fol con:oiction ofimproyementS and work by the Cunt: and
rcimbw semcnt to the County from the collateral shall appiv whether the, Inc one or more
Is
defaults. or a succession of defaults on the pan of the Developer in performing the terms,
conditions and covenants contained in this agreement.
13. inspection:
(a) No construction shall commence without written approval of the County
Engineer following a pre -construction meeting scheduled by the County Enunneer.
Developer shall tppi% the ottnty a schedule of construction and shall notify County of
commencement of constrUction. County Engineer shall notify the Civ/ of Fort Collins of
the pre-consn-uction meeting, supply the City with a cope of the construction schedule,
and shall notify, the CA,, of the date of commencement of construction.
(b) Inspections of installatious of improvements shall be performed by the
City oP Fort Collins cnguaeering conarin ion inspectors. Said inspectors shall have the
authority to halt construction of any portion of the construction that may be found to be
out of cotnphance with the approved plans and specifications for the development. In the
event there is a dispute over the decisions made by the tield inspectors, the Developer
shall prompt!% notify in wrinr:', the City_ Engineer about the dispute. The City Engineer
shall convene a meeting between the Developer, the City Engineer and the County
1inginccr within two (2) business days of receipt of the notice. Said dispute shall be
resolaed at this meeting by the County Engineer. If the County Engineer determines that
the work is not in compliance, it shall be corrected by the Developer within the time
!lame set by County Engineer. and if not so corrected, the County Fngincer may declare
the Developer in default of this agreement.
9. DefauitlEnforeement
Upon default of the provisions of this Subdivision Development Agreement the
partic", agree that this Agreement may be specifically enforced by either party or either
party may proceed Al any other manner authorized by law for a breach of contract. The
n gigues 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
ncurwd by the other parr, occasioned by said default, including, hilt not limited to, e
tcason tole espcns,- for attou,e%'s Ws m enforcrng this Agreement. Al addition.. the
County may'
A Dcrrand pavmcnt under the Development Loan and rise the proceeds to
the '!irimmvenle nis soecin d herein. Nothim: herein shall 'Pe construed as
r.: unrig 'hc Count. to co rnpletc ail of the improvements specified herein in d?e event
the pmccads K such Dcveloomcnt Loan are not sufficient to !malice all the
mprovemenu.
l?i issue a %dHtt_n nonce Co 'Developer to appear and show cause %\'1l:. the
suhdiN ision Plat shall not be vacated. Giving the notice shall be deemed compicte upon
rnwhina the imuc co into and w the address stated ?e gin. Said notice shall desi,n?atc