HomeMy WebLinkAboutFOSSIL LAKE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-06-14 (2)UCPTN N 99049839 06/07/99 16.25:00 v PAGES — M WWK TAKU"
M RUDENBEttGER Itb,MROMR, LAR LMEP CUUNTY CO `s 1'ATE OW NNIP.
SUBDIVISION 1�11'ROVh;�11;N'I' AGREIti�iP:N'1'
AGRIiI�MEN'I RELATING TO ] l ll_. SUBDIVISION AND DINELOPMENT OI
Fossil Lake P.I1.D, Mrsl Riling, Latimer Coun"q Colorado
'I HIS AGRI FN1r,. T dated this 'fk da of 'JI
4Io
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by and between the BOARD OF COUNTY COMMISSIONGI S OF I,ARINIGI'
W INTY, ('olorado, (hereinafter called "County") and l verline, I,L� A Colorado
Limited Cc�any (hereinafter called "Subdivider'l wurNl SSHTI I:
In consideration of the promises, the mutual covenants herein contained, and the
approval, execution and acceptance of the subdivision plat by the County, ciAhlcd husk
Fake I'_ll,l) _First_Piling
the parties agree as Ib]Wvvs:
I. All construction infrastructure improvements designated on Exhibit A to
this contact attached hereto and incorporated herein by this reference and all
construction infraslruc(tue improvement designated on any final plat, plan or schedule,
submitted by die Subdivider including landscaping shall be conshuctcd and completed by
the Subdivider according to the approved plans and prnliles m other specil'"Oons
p1cpated lot Subdivider by Northern Engineering Services and/or other piolissional
consultants.
2. County and Subdivider mutually agree that said construction inhyslruchne
iniprovcnicn(s are reasonable condilions and requirements to be imposed by the County
in connection with its approval, execution and acceptance of the plat. and To such
matters arc necessary to protect, promote and enhance the public welfare.
3. All construction infrastructure improvements required to be constructed ar
installed and all other mutters herein agreed to be perforated, shall be installed,
constructed or performed by Subdivider within three years of the dale on which Ole final
subdivision plat is approved. The developmerit improvements associated with 'I races ,%,
H and C may have an additional three years beyond the aforementioned initial three years
to nice( this completion requircinew. All construction shall he performed in a good and
woiiunaulilce manner and in accordance with applicable County standards, rules and
I egulations governing such construction.
4. The estimated cost of constructing the construction infraslruchirc
nrprovcutcnts is set ibrth on Exhibit A hereto. To comply with the Policy of Larimcr
County Hoard of County Commissioners on Collateral for Subdivision hnprovcntcnt
Agreements and Requests Mr Release of Collateral, and other agrccinenls between
Subdivider and Larimcr County. Subdivider shall furnish to County collateral Ibr the
completion and vanunly of said construction inhash'uclure improvenicnls in the
lollowing lornr:
,`ice Addendum A attached hereto.
Ile purpose of said collateral A to guarantee that funds in the amount as Set forth
in kxhibil A are available lilt the completion of the improvements described. In the went
that any portion or category of the construction inhastructure improvcmcnls that arc
included in this Agreement are installed or secured by other parties, whether untler the
urisdiclion of Larimcr County or other governmental entities, then the obligations of
Subdivider for installation, security, collateral, maintenance, and/or warranty of Ihcse
said improvements shall be waived. Any security or collateral instruments that may he in
place on behalf of the Subdivider at the time any other party incurs the obligations as
described above, shall be reduced related to the amotmts identified with said
iniprovcntcnts on kxhibit A. At that time, those improvements shall no longer be Ole
responsibility of the Subdivider and the County shall release the Subdivider from the
rcquncnrcnts imposed in this Agreement Thal are relative to said improvcmcnts. llpoii
\(yl,[ I t r L I, 1. , It ,.'
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2. Request for Disbursement Procedures.
(a) The Subdivider shall enter into appropriate agreements with
construction stibconlraclors representing the various respective line items of work staled
on Exhibit A of the SIA. 'the Subdivider shall inform srtbcontracfors of the terms of this
Addendum. Pile Subdivider shall also enter into an agreement with an engineer
registered in Colorado (`tile Subdivi(Icr's Fnginecr"), who shall inspect the SIA
Improvements and represent the Subdivider in matters pertaining to inspection and
ccrtilcation of SIA Improvements required herein.
(h) Whenever the Subdivider shall desire anthorization for
dishurscnrents and, as a condition thereto, the Subdivider shall deliver to the Director of
Planning of the County of Latimer four (4) copies of it "Request for Disbursement' the
`"Ralucsl for Dishursemm" shall be in the form attached hereto and incorporated herein
by reference as though frilly set forth. Said form, once approved by Counly, shall be
forwarded to Cily of Fort Collins. It shall include the following attachments:
(1) A signed and sealed certification from the Subdivider's
Engineer which stales the general nature of the items requested for release and which
Mates that the items requested for release have been completed in armpliancc with
approved plans and specifications and documenting that the Subdivide's Engineer or his
rcpieseutativc has made regular on -site inspections during the course of construction and
Thal the field plans utilized are the same as approved by the County.
(2) Any requests for release of funds shall be accompanied
when appropriate, by test results as per the Colorado Department of highway Schedule
fur Minimum Materials Manual and two (2) copies of "as -built plans" certified by the
Suhdivider's Engineer showing any and all deviations from the approved plans. Release
of disbursements will not occur if the County Fngineer determines that deviations arc
constructed which have not been approved by the Counly Engineer's office.
(3) Any final requests involving fire hydrants shall he
accompanied by a letter from the water district that indicates the required water flow
pressure is available for each hydrant as required by County regulations.
(4) Any final requests for drainage facilities shall he
accompanied by "as -built" plans in accordance with the requirements of the County.
Said plans shall he reviewed by the City of Fort Collins and accepfcd by the ('ounty.
(S) Any final requests For landscaping improvements shall be
accompanied by it copy of the approved landscape plan with all deviations Gout the
approved plan listed and shown on the plan.
(c) Requests for final release of water and sewer improvenicrds shall
he accompanied by a letter of acceptance and maintenance and responsibility by the
special district The rcgncst for final release for water and sewer line improvements may,
he made by the Subdivider at any time and shall he authorized by the County the some
day it complete request is submitted.
(d) Other ntllltles, such as electricity, gas, telephone, and tef KWou
cable, shall not he a part of this Addendum. Each utility shall be responsible for its own
inspection and approval work, and payment for that work shall be it separate and distinct
obligation of (lie Suhdivider and funds utilized for payment of work directly relating to
(he inslaflation of electricity, gas, telephone, and cable television have not been included
as SIA Improvements. Notwithstanding anything contained herein, the County shall not
release the Subdivider from the obligations of the SIA until such time as written
documentation is provided to the County that electricity, gas, and telephone services are
installed and approved.
(c) Upon receipt of a complete Request for Disbursement as detailed
in This Addendum, the Director of Planning shall indicate by receipt that the request is
i
accepted Ica review. The County's written approval, partial approval, or disapproval of a
Request for I )isburscmenl shall be available to the Subdivider not later than the tenth day
after receipt of the request.
(0 llpou receipt of the Request for Disbursemcnt, the County shall
niake or cause to be made such investigations as in its sole discretion it deems necessary
to verify the progress of construction. The County may Then authorize disburseinenl,
authorize partial dishwseineul, or deny disbursement Cor cause. Authorization by the
Counly for a disbursement shall he indicated by the signature of lite Larimcr County
Director of Planning or his designated representative.
(g) Upon receipt of Authorization to Disburse, Lender shall disburse to
Subdivider, or party identified in Authorization to Disburse form, an amount equal to the
authorized amount, concurrently reducing the Lolal Development Loan principal amount
equivalent to IW',) of the authorized amount, thus leaving 5'% of the total cost of the SIA
Improvements in place as warranty collateral.
(h) Authorization by the County of any disbursement shall not relieve
the Suhdivider or its subcontractors of their responsibility to correct ally defects in the
work or to correct any work trot installed in accordance with approved plans or to repair
any works destroyed or damaged by natural events or other causes.
(i) In the event the County denies or partially denies a Ralucst fur
Disbursement, the Counly shall give the reason for denial in writing to the Subdivider.
t Ipon request by the Subdivider, the CouNy shall hold a meeting with the Subdivider to
review the decision Ar denial. If the County determines it is appropriate to authorize
additional disbursancnl, the County shall immediately authorize such additional
disbursement. Aflcr the meeting, the Subdivider may request a meeting with the Board
of County Counnissioners to appeal any soft' decision. The meeting with the Board of
County Commissioners shall be held within fourteen (IA) working days of the Comity's
rcccipt of the Subdivider's written appeal request. The decision of the Cooney
Connuissioncrs shall be conclusive and final.
(j) In the event the Subdivider's Request for Disbursemcnt is denied
by lite County fix lack of a complete submittal or because the MA Improvenicnt is
inadequate for cause stated by the County, then the SuNbOde's second and subsequent
Requests for Disbursemcnt of the denied improvement shall require a Two Ilundred
Dollar ($200) runspechon We.
(k) Completion of the work set forth as a line item in the Disbursemcnt
Request Ilclltization and disbursement and payment therefor, made in accordance with
the feints of this Addendum, shall tot be construed as acceptance or final approval by the
Couuly of the work performed.
3. Default of SIA and/or Addendum to SIA.
(a) This Addendum shall be in default if the Board of Connly
('onmissioners finds the SIA to he in WWI in accordance with the provisions therein
contained.
(b) in the event of default of the terms of this Addaul un,
disbursements under the Loan Agreement shall cease until such bate as the default is
corrected by the Subdivider. In the event the County determines that the Subdivider has
materially breached the SIA and such breach has not been corrected by the SuNhAda,
the ('aunty shall give written notice of such breach to the Subdivider and the Lender,
whereupon the bender shall terse any and all disbursements under the Loan Agreement
lot SIA Improvements to the Subdivider and, upon written request of the County, shall
make appropriate disbursements to the County for SIA hnprovemcnts, which shall
contract for completion of the SIA lmproventeuts. The parties hereto acknowledge that
pursuant to the tents of the Loan Agreement, the Lender has committed to lend to the
Subdivider all amount in excess of the amount necessary to complete We SIA
Improvements. NoLwithsmnding the total amount of the loan to be made by the bender it)
the Subdivider, upon default by the Subdivider the Lender shall have no obligation to
advance to the County for the SIA Improvements any amount in excess of the total
Dcvelopmcnt Loan, less all anunmis previously advanced to the Subdivider for the SIA
hop mvancAs pursuant tothe terms of this Agreement.
4. Warranty. 'file partics hereto acknowledge that pursuant to Count%
politics concerning SIA's and other agreements between Subdivider and Larimer
County, upon completion of each category of SIA Improvements, bender shall retain in
the I)eve Iopmell ( Loan a total of541 of the total cost of the SIA. Improvement as warranty
collateral. Said collateral amounts will be proportionately allocated to (he construction
infras(ructure categories as listed on Exhibit A of the SIA, based on total cost within each
category. Warranty collateral funds shall be available to Larimer County upon defanll by
Subdividm as provided in the SIA. Expiration of the Development Loan or portions
Ilrcrcof scouring said liuxls shall occur upon written rcicase by Larimer County, or NO
(2) years honi the dale of final subdivision innpmvcment acceptance for each
consiruc(ion infrastruc(urc category listed on Exhibit A of the SIA, whichever shall occur
first.
5. Miscellaneous.
(a) Further Ass,umnec. Each of the parties hereto, for itself and os
respective successors, agrees to execute and deliver any and all instruments and
documents and to do any acts or things reasonably necessary, proper, or appropriate for
the full performance and [he due effectuation ofthis Addendum.
(b) Waivers;_Modification, No waiver, amendment, or modi(icalion of
any lean, provision, condition, covenant, or agreement herein contained shall be effective
unless set tbrlli in writing and signed by all of the parties hereto, which specifically sets
forth such waiver, amendment. or unoditicalion, and such waiver. amcndmcnl, or
nrodi Citation shall he effective only to the extent set forth in such writing.
(c) Sev_crabilit_y_ Any provision of this Addendum that is prohibited or
uncnforceablc in any jurisdiction shall, as to such jurisdiction, be ineffective to the Mail
of such prohibition or unenfoceability wilhout invalidating the remaining provisions
hereof or ❑ffccting the validity or enforceability of such provisions in any other
jurisdiction.
(d) Addendum. I[ his
Subdivision Improvement Agreement and
County Subdivision Resolution.
Addendum supplements Larimer County
is subject to the provision of the Larimer
(e) Number and Gender. Words in the singular shall include (he
plural, and words in a particular gender shall include either or NO genders, when the
context in which such words arc used indicates that such is line hHenl.
(f) Successors and Assigns. The terms and provisions of this
Addendum shall be binding upon and shall inure to the benefit of the successors and
assigns oflhc respective parties.
(g) Noticc. Whenever under the terms of or A connection with this
Addendum it becomes necessary, proper, or desirable for one party to give notice to the
other, such notice shall he grve0 by registeial or certified Mari„ posta!_;e property
prepared, addressed to the pal -tics to whom the address A to he given as follows:
If to the Subdivider, to:
Eva -line, LLC
c/o Everi(t Companies
3030 Soutln College Ave.
P.O. Box 2125
fort Collins, CO 80522
111
I to the County, to:
I al-imer County Director of Planning
1'.0. Box 111)0
port Collins, CO 80522
If- to the Lender, to:
Mr. Jim Trupp
First National Bank of Fort Collins
11.0. Box 272500
Fort Collins, CO 80527-2500
(h) Execution of Addendum. This Addendum may he executed in any
ounrhor of counterparts, each ofwhich shall be dcaned an original, but all counterliarls
together shall IX1n5tltntC but one and the same instrument. The undersigned individuals
represent that they arc hilly authorized to execule this Addendum on behall of the,
respective parties.
(i) Govcrnim; Law. The validity, interpretation, effective legal
equirements, and legal consequcuces of this instrument or arising out of or in connection
with the subject matter thereof shall be determined in accordance with and ,o\,crued by
the laws of (he State of Colorado.
(j) Non -Waiver. Inaction or acquiescence by a nonbrcaching party in
connection with any breach of any term, provision, condition, covenant, or agreement
herein contained or in connection with any default or event ordefault hercunticr shall not
constitute a waiver of such breach, default, or event of default, and such nonbreaching
pally may, at any time thereafter, excrcise all rights herein or at law conferred on account
(hercot:
(k) County Not_Guarautor. By execution of this Addendum, the
('ounly does not become and shall not be construed to be a guarantor or surety of ❑ny
land with rcepcc( to the constuclion loan made by the Lender to the Subdivider, and the
County shall have no obligation or liability for repayment of the const-uction loan.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of
the dale first above written.
BOARD OF COUNTV COMMISSIONERS
OF LARIMI R COUNTY, COI ORADO
Chairm ui
STATE OF COLORADO )
) ss.
a Un h;
v� r ,)I� L,,RI�.2 .!I )
AT VEST: (Seal)
DCputy Clcrl<
The Ibregoing instrument was acknowledged before me this day of P-), 1
frJ`/'��byL,.)r iYl_ �� -- as C,fi✓,i' 7of
41
Witness my hand and official seal.
My Commission Expires:
Notary Public
My Commission Expires
03/30/2002
f r
APPriwED AS TP POW
_
AYWAW ,
5
Subdivider:
Fverlfne, LLC, A Colorado Limited Liability Company
BY: Double F&(;, 111c.,
A Colorado Corpdration, l Manager
f
BY. t — - (Soil)
I)avid Ever itt(PiesidenI
STATI, Of,' COLORADO
) ss.
COUNTY OF 1,ARIMI?R )
'I he foregoing instrument was acknowledged before me this /3 day of f1 eat
`l I) i by -[)III) p _tc_ �� ri as of
Witness my hand and official seal.
fvly Commission I?Xpires: l�g8�/O0/ —
N
Bank:
First National Bank of h'orl Collins)
i
I3Y:
Title:
STATE OF COI,ORADO )
) ss.
C0I1N"1'Y OF I,ARIMF,R )
Public
;` NOTARY
40_"_
PUBLIC
i
Y or co.
I he foregoing inst ument was acknowledged before me this 1 day of
l`) t���'YtPl�lsr �� ,is �'I���ry1t
1CsP I�Gllti&k�� �1�'trl� a•
Witness my hand and official seal.
My Commission I?Xpires:
PAy ("0111t1i aeon Eyu,is Aunt ^,.O, E899
Notary Public
6
r�
CERTIFICATION OF ENGINEER
The undersigned certifies that:
I. Pursuant to the requirements of that certain Addendum to Subdivision
Improvement Agreement and Development Loan NLreement dated the day of
19 entered into by the and between the Board of
Commissioners of Latimer County, Colorado, and Eve -line. LLC, A Colorado Limited
Liability Company, ("the Addendum"). Northern Engineering Services, Inc., has entered
into an agreement with Everline, LLC. Under the terms of said agreement. Northern
f:nginecring Services, Inc., has been retained for the purpose of inspecting the
improvements and representing the Subdivider in matters pertaining to the inspection and
certification of improvements as required by the Addendum.
?. The undersigned, by the execution of this Certification of Engineer, does
so strictly for the benefit of Lanmer County pursuant to and in compliance with ,Article 2
ol' the Addendum. Nothing contained herein shall be construed or interpreted as a
representation or warranty. express or implied, to third persons as to the workmanship or
`itness for anv purpose of the work of improvement which is the subject of this
Certification.
3. The undersigned is an engineer duly registered as such with the State of
Colorado.
4. The undersigned is familiar with the approved construction plans for the
work of improvement commonly known as Fossil Lake, P.li.D., First F ling. The field
plans utilized For the construction of improvements are the same as the construction plans
approved by the County.
5. During the course of construction, the undersigned has made on -site
inspection of the work of improvement in a manner and in sufficient number in order to
provide a verifiable basis for this certification. Based upon such on -site inspections of
the wort: of improvement made by the undersigned and the attached itemization:
(a) The general nature of the items requested for release are:
(b) The items completed which are the subject of the accompanying
OlShtll_ eLM nt Request as set forth in the accompanying Draw Request haae hcen
compacted in substantial compliance with the approved plans and specifications.
J his Certification of Engineer is signed and sealed this day of
79
Northern Engineering Services, Inc.
By:
a
DRAW-4—
FOSSIL LAKE. P.I-T D. FIRST FILING
NOTICE OF REQUEST FOR DISBURSEMENT
DATED
TO: Director of Plamum-,
Larimer Cotmty Plaru ing Department
P.O. Box 1190
Fort Collins. CO 80522
FROM: Everline, LLC, A Colorado Limited Liability Company
MO South College Ave.
P.O. Box 2125
Fort Collins, CO 80522
Everline. L1 C. hereby_ requests a disbursement of construction funds to those
persons and/or entities listed on the attached draw request in the amount shown on the
attached draw request. This request is made in accordance with the requirements of
paragraph 2(b) of the Addendum to Subdivision lmprovemcnt Agreement and
Development Loan Agreement entered into _ by and
between Everline., LLC. A Colorado Limited Liability Company, and the Board of
Commissioners of Larimer County. Colorado.
Included with this request are:
Certification of Engineer
2. Draw Request.
EVERLPNE. LLC. A Colorado Limited
Liability Company
BY: Double E&G, Inc.. A Colorado
Corporation, Manager
BY:
David Everitt, President
V /Oki
AUTHORIZATION TO DISBURSE
TO: Lenderl __
FROM: Director of Planning
County of Larimer
P.O. Box 1190
Fort Collins, CO 8052'
Pursuant to that certain Addendum A to Subdivision improvement Agreement and
Development Loan Agreement dated . 19_-1 entered into by
and bctwcen the Board of County Commissioners of Larimer County. Colorado,
Everline, LLC, A Colorado Limited Liability Company, and
Lenderl, and in that particular paragraph 1 of
that Addendum and pursuant to that certain Subdivision Improvement Agreement
dated 19 , and entered into by and between the
County of Larimer and Everline, LLC, a Colorado Limited Liability Company, you arc
hcrehv notified, authorized, and directed to draw from those certain loan proceeds
identified by Loan No. funds in the amount of
Dollars (S____ _ 1
and disburse those funds to
Upon disbursement of funds described above, you are also authorized to reduce
the total Development Loan principal amount by 10°0 of the above described amount
totaling S
Director of P1anrimg, Larimer County
the. expiration of the time between the date of this Agreement and the date in paragraph 3
helcof, and provided all the work and improvements herein agreed to be made and
performed by Suhdivider has been completed, and the Policy of Lorimer (:aunty Board of
County Conunissionas oil Collateral for Subdivision Improvement Agreements and
Rcynosts for Release of Collateral, and other agreements between Subdivider and
Lorimar ('ounly have been fully complied with, this Agrecmcnl shall become mill and
void and of no force and effect.
I'hc collateral shall be returned to the Suhdivider pursuant to (Ile Policy of
I.arinrcr County Hoard of County Commissioners on Collateral for Subdivision
Io lmovcmcnl Agreements and Requests for Rcicasc of Collateral, and other agreemcnls
hctwccn Subdivide] and t arinicr County, llowever, in the event that any portion of the
wort: and construction infrastructure improvements has not been made, installed,
completed or performed by the date in paragraph 3 hereof, the Couuly may have such
enwining work and corrslruclion infrastructure improvements completed in such mains
and in such manner, by contract with or without public letting, or otherwise, as it pray
deem advisable, and the County shall be entitled to use the aforeincntioned collateral for
(his purpose. In the even( the collateral is not sufficient to complete the construction
nfrastructure impnwemerrts required to be constructed or installed, (lie Coutrty shall he
entitled to payment of such excess in any way permitted by law. However, in the event a
letter of credit is given as collateral, the liability of the institution issuing such letter shall
not exccal the !!we amount thereof. I lowevm', the County'.s consent to relasc collateral
shall not he considcmd as an acceptance of such construction inlastructure
improvemculs by the County tur maintenance purposes unless the Policy of Lorimer
County Hoard of County Commissioners on ('ollateral for Subdivision Improvement
Agrcancnls and Requests for Release of Collateral, and other agrCelli Cuts hctwccn
Suhdivider and I allmer County indicate otherwise. The procafures fur complClion of
construction infrastructure improvements and work by the County and reinrhursernent to
ihC (`ounly from the collateral shall apply whether there he one or more defaults, or a
succession of defaults on the part of the Subdivider in performing the terms, conditions
and covenants contained in this agreement.
5. Upon default of the provisions of Ibis agreement the parties agree that Ihis
Contract may be specifically enforced. In addition, the County may:
(a) Foreclose the collateral and use the proceeds of such foreclosure to
complete the construction infrastructure imlovencI is specified heicin. Nothing herein
shall be construed as requiring the County to complete all of the construction
infrastructure improvements specified herein in the event lire proceeds of such
Ibra'losure are not sufficient to Nuance all lire construction infrastructure improvements.
(b) Issue a written notice to the Subdivider to appear and show cause
why the subdivision plat shall not be vacated. Giving the notice shall be deemed
complete upon mailing the same certified mail to the address stated herein. Said notice
shall designate the date, time and place the Board of County Coninakdoners will conduct
a hearing to consider vacation of the plat. Said hearing shall be not less than thirty (30)
nor more than sixty (GO) days from the date of the notice.
(c) 1'roceed in the manner described in the Lorimer County
Subdivision Resolution or State Statutes for a violation of the State or local subdivision
rcgulatious, including withholding building permits-
(d) Proceed in any (Abler manner authorized by law for a breach of
contract.
('the remedies set forth ahove are cumulative and the election to use one
shall not preclude use of another).
G. In the event of default by the Subdivider, the Subdivider agrees to pay all
expenses incurred by the County occasioned by said default, including, but no! limited to,
a reasonable expense for altorney's fees in enforcing this agreement.
7. 'this agrecment, and the terms, conditions and covenants herein contained,
shall he deemed to complement and shall be in addition to the conditions and
requirements of the Larimer County Subdivision Regulations and other applicable Imes,
rides and regulations, notwithstanding anything herein contained or referred to the
Cohn aly.
8. Upon execution of this agreement by the parties hereto, and provided all
other conditions not herein contained have been met by Subdivider, County agrees to
execute the plat above described and accept file same upon payment of recording fees and
other cost to the County.
9. I Ipon salishemy completion by the Subdivider of all the covenants and
conditions set Firth herein, lliis agreement shall become mill and void and of no further
We and cffecl except insofar as the policy of Larimcr County Board of County
( Amunissione s on Collateral ibr Subdivision Improvement Agreements and Reyms Rir
Rcicase of Collateral, and other agreements hetwcen Subdivider and Larimer County,
shall continue to apply.
10. References to Subdivision or suhdivision plat contained herein shall apply
in file same manna- to Planned Unit Development w Planned Unit Development flat
wlwn this agreement is used in connection wilh approval of a Planned Unit Development
plat.
IN W ITNLSS W I IGROI, the parties hereto have set their hands and seals the day
and year first above written.
BOARD OF COMMISSIONERS OF (SEAL)
LARIMER COUNTY, COLORADO
��� Chairman
AI IF��•
Deputy Clerk
SfATI? OF COLORADO
) ss.
COUNTY OF LAIZIMER )
fhe fore ouig mstiumcnl was acknowledged before Inc this day of ) tl, QQ '
I) �' by l._\vu��� U�,�n is
i
Witness my hand and official seal.
My Commission lApires: 010 1,,6
(SUBDIVIDER:)
Af
Notary Public
EVERI,INF, LLC, A Colorado Limited Liability Company
By: Double L&C, Inc., Manager,
� f/olorgdo Corpotatiou
B l
I itic I)avi( t cerilt Plcsidenl
3030 South College, loll Collins, CO 80525
(Address of Subdivider)
one _I) ICI l` 1
APPFKNM AS raw:
WI If�t ATTNt A4Y
STA'IT OIL MIA)RADO )
ss.
COIINfY OF I.ARIMIT )
t
I he 161 cg0111g instrumen'1t was ack!nowledged before na l o ic this df
l`)'f.�..... ,bti -Vi o,t7Nfi11 -. -_. as �feSt(d�_✓i( __. _
Witness my hand and official seal.
My Commission Fxpires: 71.2;5'1,�Vj0/
AFIY
�«i Ala
Nrt Pubhc
Signature of authorized officer of institution issuing collateral Development Loan
acknowledging the te.,nns of agreement and the cost estimates to subdivision
improvements herein.
Signahire and Title ,
First National Bank of Fort Collins
Institution Name
S fATG OF Co1,0RADO )
ss.
COUNTY M LARIMGR )
I he foregoing in; ti intent was acknowledged before this
lip I(a day of
1`
�''Llltl�- as �� �«1
f
Witness my hand and official seal.
My Commission I�Xpites:
— Notary
%(I'll Carrmis*)n
'S A and PI inq Ipproved:
ll
1
Couo y N nguteer Date
SIA and flans approved:
so
County Ileallh Department
Date
CONSTRUCTION INFRASTRUCTURE IMPROVEMENTS
FOSSIL LAKE P.U.D. FIRST FILING
LARIMER COUNTY, COLORADO
ESTIMATED
COLLATERAL
TOTAL
CATEGORY
IMPROVEMENT
COSTS
15.00%.
COSTS
Earthwork:
1
CLEAR & GRUB
$8,000.00
S1.200.01
$9,20000
2
STRIP & PLACE (Non Struct. Fill)
50,175.75
7.526.36
57,702.11
UNCL EX_ (cut!
168,705,75
25.305.86
194,011 61
4
EMBANKMENT (compacted fill)
78,13740
11,720.61
89,858.01
_
C, G & WALK PREP
535.00
8025
615.2E
Is
ROLLOVER C & G PREP.
19,295.00
2,894,25
22,'8925
7
VERTICAL C & G PREP.
8 706.6E
1,306.00
10.012,65
8
'OUTFLOW C & G PREP.
78200
117.30
899,30
9
STREET SUBGRADE PEEP.
26, 883.00
4,032.45
30.915.45
10
4 1/2' DETACHED WALK (4") PREP.
11,554.05
1,73311
13287.16
11
5' DETACHED WALK (4") PREP.
3.638.60
545,79
4,184.39
12
5' WALKWAY (4") PREP.
1.955.00
293.25
2.248.2E
13
2' TRICKLE PAN (6") PREP.
3,019.50
452.93
3,472.42
14
SHAPE & GRADE
_ 18,900.00
2,835.00
_ 21,735.00
SUBTOTAL
400,287.70
60043.16
460330.86_
Sanitary Sewer:
1E
TIE -INTO EX. MANHOLE
2.275.00
341.25
2.61, 6.25
16
8" PVC SEWER MAIN
259.123.52
38,868.53
297,992.05
1
13' PVC SEWER MAIN
130.200.00
19.530.00
149,730 00
,,
DEWATER & STABIL17ATION BEDDING
72.397.80
10.859.67
82,257.47
19
48" DIA. MANHOLE
91,800.00
13.770,00
105,570.00
20
60" DIA. MANHOLE
18,350.00
2.752.50
21,102.50
21
4" SEWER SERVICE
82,00000
12.300.00
94,300.00
_
SUBTOTAL
656,14632
98421.9E
754558.27
Water Utility (On Site):
22
8" PVC H2o MAIN
227,717.36
34,157.60
261,874.96
23
8" GATE VALVE
30,544.00
4,58L60
35,125.60
24
3/4" H2o SERVICE & CURB STOP
84,050.00
12,607.50
96,657 H
o�.
__.
5' FIRE HYDRANT ASSY. (GV.T & BL
37.224.00
E,E83.60
42.807.60
75
TEMPORARY HYDRANT ASSY (GV)
14.400 00
^^<,160.00
16.560.00
-
SUBTOTAL
393.935.36
9 090.30
453 025.66
Off -Site Water
Improvements:
1lE-INTO EX. 12'
1,575.00
236.25
1,811 25
28
12" DIP H2a MAIN
87.195.60
13,079.34
100,274.94
29
12" GATE VALVE
1.265.00
189.75
1.454 75
30
TRAFFIC CONTROL
1.200.00
180.00
1,380.00
SUBTOTAL
91,235.60
: 3, 68534
104.920.94
Storm Drainane:
-
2-" N-12 PIPE
12.947 49
1.942.12
"A 889.61.
N-12 PIPE
13,536.00
2.030.40
'5,566.40
18" CLASS 3 R C.P
11.989.30
1.798.40
1_787.70
34
24CLASS 3 R.CP
22.722 68
3,409.30
26,13, 98
,._
30, CLASS 3 R.CP.
16.153.80
2,423.07
18,576.87
33" CLASS 3 RC P.
3.569.60
E35.44
4.11504
24" ADS FLARED END SECTION
344.00
51.60
395 60
., _.
30" ADS FLARED END SECTION
E32.00
79.80
611.80
J..
18' RCP FLARED END SECTION
680.00
102.00
78230
aC
24" RCP FLARED END SECTION
2 492.00
„73.80
2.SEE .30
RCP F'LARED END SECTION
2.031 .00
4E` 0
; <93 70
�',398.4"
_
33" RCP FLARED END SECTION
1,216.00
182,40
,.
48" DIA STORM MANHOLE +4', i24"/Less)
8,100 00
1.215.00
9.315.03
F?LH!S i " moroV em e m FOSSII Lake P.0 D Lar;mer County
CONSTRUCTION INFRASTRUCTURE IMPROVEMENTS
FOSSIL LAKE P.U.D. FIRST FILING
LARIMER COUNTY, COLORADO
ESTIMATED
COLLATERAL
TOTAL
CATEGOR`!
IMPROVEMENT
COSTS
15.00%
COSTS
44
TYPE (L) RIP -RAP (d50=9'^
12,300.00
1.800.00
13,800.00
45
CONCRETE OVERFLOW WEIR
3,132.00
469.80
3,601 80
46
WATER QUALITY POND STRUCTURE
5,370.00
80550
6.175.50
4,
2"-4"COBBLES
68.788,00
10,318.20
79.106.20
48
5'TYPE R INLET,
7.57500
1,136.25
8.711 25
49
10' TYPE R INLET
19,350,00
2,902.50
22.252,50
50
15' TYPE R INLET
8750.00
1,312.50
10,06250
51
17' DEFLECTOR INLET
4,520.00.
678.00
5,198_00
SUBTOTAL
226.811,87
34021.78
26Q833.65
Concrete (On -Site)
52
OUTFLOW CURB & GUTTER
5,353.25
802,99
6.156.24
52
VERITCAL CURB & GUTTER
76,87750
11.531.63
88 409.13
54
ROLLOVER CURB & GUTTER
170,690.00
25,603.50
196,293.50
�7
ROLLOVER C, G & WALK (6":
18,088.00
2,713,20
20,801.20
56
4'6" DETACHED WALK (4")
207,582.00
31,137.30
238,719.30
5' -,
5' WALKWAY (4")
4073300
6,109.95
46,842,95
E8
MID -BLOCK ADA H.C. RAMP
2,850.00
427.50
3,277.50
59
20' RADIUS w/ ADA RAMP
2, 480.00
3.222.00
24,702.00
6C
20' RADIUS w%PAN & ADA RAMP
18.400.00
2,760.00
21,160.00
61
20' RADIUS NO RAMP OR PAN
2,250.00
337.50
2,587.50
62
20' RADIUS w/ PAN - NO ADA RAMP
1,590.00
238.50
1,328,50
6'
VALLEY PAN
7,862.50
1.179.38
9,041.88
64
2' SIDEWALK CULVERT
4,740.00
711,.00
5,451.00
65
10' SIDEWALK CULVERT
7,425.OF
1,11&75
8,53875
66
5' WALKWAY (4")
21.505.00
3,225.75
24,730.75
67
2' TRICKLE PAN (6")
15.070.00
_ 2,260.50
_ 17330.50
SUBTOTAL
622,496 25
92 374.44 .
715 870.69
Asphalt Paving
68
5" HER / 10' ABC
103 009.00
15,451.35
118 A60.35
69
31/2"HBP/6"ABC
369.296.85
55,394.53
424,691,38
10
EMERGENCYACCESSROAD
34,393.80.
5,159.07
39.55287.
-i
PAVEMENT MARKING
1,50000
225.00
1,725.00
72
FINAL ADJUST VALVE BOX
9750.001
1,462,50
'11,212.50
-.
FINAL ADJUSTSS MANHOLE
23.400.00
3,5:0.00
26,910.00
54
FINAL ADJUST STORM MANHOLE
1.800.00
270.00
2.070.00
SUBTOTAL -----
543.14965'_-_-
---_-_--
81,4724E
6-
24.622.10
COUNTY ROAD #9
(South):
Earthwork:
-5
DEMO EX. TREES / CLEAR & GRUB
6.800.00
1,020.00
7.820.00
76
STRIP & PLACE
411 75
61.76
47351
7�
STRIP & STOCKPILE
1.919.70
287.96
220766
1UNCL.
EX_ (cuf;
2022.42
30336
2.325 78
7_
BORROW
3746.25
561.94
4.308.19
80
EMBANKMENT fcompacted full
2,412 93
361.94
2,774.8,
v„11
VERTICAL CURB & GLrER
3.021.05
453.16
3,47421
32
DETACHED WALK PRE?
3.283.75
492.56
3, 77681
83
STREET SUBGP.ADE PREP.
10.335.00
1,550,25
11,885.25
8�
SHAPE & GRADE
1.920.00
288.00
2,208.00
Curb Gutter &
Sidewalk:
85 VERTICAL CURB & GUTTER 21.147.3E 3.172.10 24.21945
86 DETACHED WALK(4") 33231.5E 4.984.73 38.21E 28
=X'11[37 A Sabaivisio❑ Improvement Aareement Foss; Lake PD D - Larimer County
\
CONSTRUCTION INFRASTRUCTURE IMPROVEMENTS
FOSSIL LAKE P.U.D. FIRST FILING
LARIMER COUNTY. COLORADO
TOTAL
ESTIMATED
COLLATERAL
CATEGORY
IMPROVEMENT
COSTS
15.000%
COSTS
Streets:
87
4' HBP/10"ABC
145,792.40
21,868.86
167,661,26
88
ABC SHOULDER
13,965.60
2.094,84
16.060.A4
89
PAVEMENT MARKING
' 445.00
1,116.75
8,56175
90
RECONSTRUCT EX. DRIVEWAY
4.250.00
637.50
4,887,50
91
TRAFFIC CONTROL
2.650.00
397.50
3.04750
92
SIGNAGE
875.00
131.25
1,006.25
Erosion Control:
93
SEED & HYDRO -MULCH -CO. RD 9 SOUTH
3,530.00
52950
4,059.50
SUBTOTAL
- _..
268,'S9.75
-
40,313
3.96 309.073.71
. COUNTY ROAD #9
(North):
Earthwork:
94
STRIP & PLACE
274.05
41.11
315.16
95
STRIP & STOCKPILE
1,279.80
191.97
1,471.77
96
UNCL. EX. (cut)
1.367.15
205.07
1,572.22
97
EMBANKMENT (compacted fill)
1 607.70
241.16
1,848.86
98
STREET SUBGRADE PREP
8. 947.50
1,342.13
10, 289.63
99
SHAPE & GRADE
1.280.00
192.00
1,472,00
Asphalt) Paving:
100
4"HBP110"ABC
126.21940
18,932.91
145,152.31
101
ABC SHOULDER
9.310.40
1,39656
10, 706.96
102
PAVEMENT MARKING
5.920,00
888.00
6,808.00.
103
RECONSTRUCT EX. DRIVEWAY
1.700.00
255.00
1,955.00
104
TRAFFIC CONTROL.
650.00
397.50
3,047.50
105
SIGNAGE
875.00
131 25
1,006.25
Erosion Control:
106
SILT FENCE
1,470,00
220.50
1'690.50
10-
SEED & HYDRO -MULCH
3,510.00
529,50
4,059.50
SUBTOTAL
166A31.00
24,964.65
191 395.65
COUNTY ROAD # 36
108
4' HBP 1 10" ABC
3,597 20
539.58
4,136.78
SUBTOTAL
1,59'.20
539.58
4 136.78
Erosion Control
(On Site):
STRAW BALE CHECK DAM
5.500.0G
825.00
6.325A0
GRAVEL INLET FILTER
225_GG
33.75
258 75
10' GRAVEL INLET FILTER
90C.00
135.00
1,035.00
_
15' GRAVEL INLET FILTER
675.00
101.25
776 25
_
I T DEFLECTOR GRAVE! INLET ,FILTER
300.00
45.00
34500
2SIDEWALK CULVERT FILTER
75 00
11.26
86.26
..
1) SIDEWALK CULVER-FILTER
60000
90.00
690.00
I'6
SILT FENCE
3.185.00
477.75
3,66275
SEDIMENT TRAP
840.0
126.00
966.00
118
EROSION SEED & MULCH
71.050 00
10,657.50
81 707 50
SUBTOTAL
833W.00
1250250
95,852.50
Surveying
EXHIBH ' Subdivision improvement A.areement Foss l LaKe P.U.D.-Larimer County
/fr CONSTRUCTION INFRASTRUCTURE IMPROVEMENTS
FOSSIL LAKE P.U.D. FIRST FILING
LARIMER COUNTY. COLORADO
ESTIMATED
COLLATERAL
TOTAL
CATEGORY
IMPROVEMENT
COSTS
15.00%
COSTS
119
Surveying
65,500.00
9,825.00
75.-125.00
SUBTOTAL
65.50000
9825.00
5.325.00
Testing:
120
Testing
29.475.00
4,421.25
33.896.25
SUBTOTAL
29,475.50
4421.25
_. 33.89625
Landscaping & Amenities:
121
Landscaping & Amenities
475,000.00
71,250.00
546.250.00
SUBTOTAL
475.000.00
1,250.00
546.250.00
Miscellaneous:
122
TYPE III BARRICADES
17,010.00
2,55150
19,561.so
123
SIGNAGE (STREETS)
6,600,00
990.00
7,590.00
SUBTOTAL
23,61000
3,54150
27,151.50
Electrical Service:
124
-Under Seperate Contract
0.00
0.00
0.00
SUBTOTAL -
0.00
0.00
0.00
Natural Gas Service:
H -Under Separate Contract
SUBTOTAL
Telephone Service:
126 -Under Separate Contrac:
SUBTOTAL
Supervision:
127 Supervision charge
SUBTOTAL
PROJECT GRAND TOTAL
0.00
0.00
0.00
o iio
000
0.00
0.00
0,00
0.00
_
QOG
_... _--_
0.00
_.
0.00
202.489.29
0.00
202,489.29
202489.29
0.00
202.489.29
=XHIBI T A Subdivisicr Improvement Agreement Fgssii Lake P.U_D. - Lar9mer County
54,252,275 $607.468 .64.859, 743
RCP'1'N # 99049840 u6/07/99 16:25:uo # PAGES - 9 b'WN Tgh,u()
M RODENHEUGER RMURUER, LARIMER COUNTY CU :i'1'/#TE 591 40; 1.M)
ADI)LN1)UN 1 A
TO
SUBDIVISION IMPROVEtNHWI' AGREEMENT AND
DE.VI1,'L0PMLN'1' LOAN AGREEMLN7'
ir h 1�' l Cl P
'I HIS A(iRLL,MFiNI', effective the ��; da of
19` ' , by and among the BOARD OR CONIMISSIONLR ' Of LARl�1F,R
(1111NfY, (IMMAD) ("tile (orinly") Crorline, LL( A Color ulo I,.ipulcd I.ittl)Ili(y
( omlruly ("Ihc Subdivider"); and First National Bank of I orl Collins ("tile Lender").
WITN IsSSETI I:
WI IERFAS, the ;iuodiv % and the County have, as of
190 , entered into a Subdivision Improvement Agreement relating to the
dcvclopincnt of Fossil Lake P U D. l ust Filinci❑ I arimcr County, Colorado ("SIA").
VAIFRIJAS, the Subdivider desires, and is required, to provide appropriate
collateral to secure the Subdividcr's obligations pursuant to the SIA.
%V111IMAS, the Lender and the Subdivider shall agree to enter into :1
Development Loan Agreement (the "Loan Agreement") within 30 days of execution of
• Ibis SIA, pursuant to which the Lender shall commit to loan 10 the Subdivider all amount
sufliciernl to cover acquisition and development, of oSSlI Lake -P.U.D. first Filing, Ohc
"UcvCopmenl Loan") as well as security and collateral for improvements described
herein.
WI IFREAS, a portion of the Devclopnnent Loan will be used to pay file cost of
Ihc construction infiYshueture improvements required by the SIA ("tile SIA
Impmvemonts") in an amount equal to 1 154) of the total eslinnaled consk"Won costs as
described on Exhibit A of the SIA.
WIIERIMS, the aforementioned SIA improvements annount will constitute
adequate collateral under the SIA.
NOW, TIIFRFFORI in consideration ofthemuhlal covenauls herein, thepardcs
agree as Billows:
Construction Loan Proceeds.
(a) "file Development Loan proceeds that are identified as SIA
hilprovcments shall he used only for SIA Improvements as specified in the SIA and IN
no other purpose. Said loan proceeds or any portion thereof shall not he released without
prior written approval of the County. If the County 1leterlrrilles, in accordance willl Ihe
provisions of the SIA or lire provisions of this Addendum, that there is a (MBRllt of [Ile
SIA or this Addendum, the Lender, upon written request by the County, shall release and
pay to the County within tcu (10) days all remaining loan proceeds.
(b) In the event that the County determines that a disbursement of
Development Loan proceeds by the Lender A authorized pursuant to paragraph 2 hereof
then it shall direct dishursement by executing an "Authorization to Disburse." The
'AntholIYahon 10 1)IShnISC Shall be. In the forth attached hereto and shah be Signed liy
the I alinler County Director of Planning or his authorized representative. Said
Authorization shall be made available to the Subdivider in accordance with the "Ilequcsl
for Dishulsemcnt Procedures" as set forth in paragraph 2 hereinafter.
(c) In the event that, for any reason whatsoever, the total Development
Loan proceeds are insufficient to complete all or any phase of the constuedon as
designed, neilher the County nor the Lender shall have any liability Or payment m
completion of the Suhdivider's obligations nor to extend the addilional funds ❑s
Development Loan proceeds or otherwise for said purpose.
(d) The County agrees that upon final release of the SIA, all remaining
I"
I/