HomeMy WebLinkAboutFOSSIL LAKE RANCH SIXTH PLANK PLD AND PD - Filed DA-DEVELOPMENT AGREEMENT - 2007-11-26RECEPTIONM 20060092241, 1210612006 at
11:59:44 AM,
1 of 25, R $126.00
Scott Doyle, Larimer County, CO
(Space above this line used for Recording Data)
DEVELOPMENT AGREEMENT FOR a portion of Plank PD and PLD
being the 6th Filing of Fossil Lake Ranch
This Agreement is made this ��day of;Q° &Ybe,(2006 between the Board of
County Commissioners of Larimer County, Colorado ("County"); Kasey's Garden, LLC, a
Colorado limited liability company ("Developer"); and Fossil Lake PUD Homeowners
Association ("Association").
WHEREAS, Developer is the owner of certain real property situated in Larimer County,
Colorado, described on Exhibit A attached hereto and incorporated herein ("Property");
WHEREAS, County has approved the Preliminary Plat of a portion of Plank PD & PLD
being the 6th Filing of Fossil Lake Ranch by Findings and Resolution dated 140-Xfi-04ltld
recorded 14920-40 (date) at Reception NoA4004MVI 40 of the Larimer County records; and
WHEREAS, Developer has submitted to County for approval, execution and recordation
a final plat for Plank PD and PLD being the 6th Filing of Fossil Lake Ranch; and
WHEREAS, Developer has been approved to develop the Property in one phase using a
defined set of improvements; and
WHEREAS, County has considered the final plat, the proposed development and
improvements to the Property, and the requirements to be imposed upon the Property by reason
of the proposed development and improvement of the Property included in the final plat; and
WHEREAS, County is willing to approve, execute and accept for recordation the final
plat upon the agreement of Developer and Association to the matters described in this
Agreement; and
WHEREAS, County, Developer and Association mutually acknowledge and agree that
the matters described in this Agreement are reasonable conditions and requirements to be
imposed by County in connection with its approval, execution and acceptance for recordation of
the final plat, and that such matters are necessary to protect, promote and enhance the general
welfare.
NOW, THEREFORE, in consideration of the premises, the mutual covenants herein
contained and the approval, execution and acceptance of the final plat for recordation by the
County, the parties agree as follows.
LARIMER COUNTY PLANNING
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developments. If such annexation is not effective by February 1, 20107. the following
Provisions shall apply.
The installation and warranty for landscaping shall be separate and apa-t from the public
Improvements Opinion of Costs attached as Exhibit B. Until landscape improvements
are completed, the Developer shall provide collateral to the County in the .form of an
irrevocable letter of credit with a federal or state licensed financial institution on a form
approved by the County. Upon completion of installation of the landscaping and County
inspection and approval, Developer shall provide warranty collateral to the County in the
form of an irrevocable letter of credit with a federal or state licensed financial institution
on a farm approved by the County equal to 25% of the "grow" items only to ensure their
establishment. The warranty collateral shall be effective for one m year. The warranty
memorandum shall include this landscape warranty requirement.
23- Developer Guarantees and Warranty Collateral.
Developer warrants and guarantees that ALL improvements required i:o be constructed
pursuant to this Agreement shall be free from defects in materials and/or workmanship
and shall properly function for the purpose intended for a period of two years (the
warranty period). The two-year warranty period for all improvements shall commence
on the date of final county approval of the last improvement constructed.
Within thirty (30) days following County's approval of the last improvement constructed:
a. County and Developer shall execute a Warranty Memorandum. The Warranty
Memorandum shall specify (i) the date on which the two-year warranty period
commences, (b) the type of warranty collateral to be posted by Developer, and
("i) the improvements which are subject to the warranty collateral. The Warranty
Memorandum may allocate a dollar amount to each improvement. Developer
acknowledges and agrees, however, that the County may apply the warranty
collateral allocated to a particular improvement to any other improvement or
category of improvements.
b• Developer shall post warranty collateral with the County in a form acceptable to
the County. The warranty collateral shall be no Less than 15% of the costs of the
improvements for which collateral must be posted and shall 7emain in effect
during the entire two-year warranty collateral period.
C. The warranty collateral shall be released at the time the neighborhood
infrastructure is accepted by the City and security for warranty is placed at the
City of Fort Collins.
Developer shall correct, replace or repair any improvement discovered to be defective or
faulty during the warranty period. Any required correction, repair or replacement shall
be commenced within thirty (30) days of County's written notice advising Developer of
the necessary work.
10
In the event Developer fails to make the necessary corrections, repairs, or replacements
a• County may use the warranty collateral to do the work to the extent of available
funds. Nothing herein shall be construed to require County to complete the work
in the event the warranty collateral funds are insufficient to finance the work.
b. County and/or any Property owner may commence an action against Developer
for specific performance or for money damages for costs of the necessary work;
and/or pursue any other legal or equitable action against Developer.
C. County may withhold building permits.
The above remedies shall be cumulative and the election to pursue one shall not preclude
the use of another.
24. Inspections.
No construction shall commence without written approval of the County Engineer in the
form of a Development Construction Permit. The issuance of this permit shall follow a
pre -construction meeting scheduled by the County Engineer. Developer shall supply to
County Engineer a schedule of construction and shall notify the County Engineer of
commencement of construction. The Developer agrees to pay the fees associated with
the Development Construction Permit.
Field inspections of installations of improvements shall be performed by Developer's
licensed professional engineers. Inspection reports shall be available for review by
County upon request. County shall have the authority to halt construction of any portion
of the construction that may be found to be out of compliance with the approved plans
and specifications for the development. Developer shall cause such work to be corrected
and brought into compliance within the time frame set by the County Engineer, and if not
so corrected, the County Engineer may declare Developer in default of this Agreement.
25. Issuance of Building Permits.
For purposes of this Agreement, 'Building Permit" shall include any permit to begin
work to construct a building on the Property, including permits for footings and
foundations. Unless otherwise described, Developer acknowledges and agrees that
applications for building permits for individual lots shall only be accepted as follows:
a. Footing and Foundation Permits will be accepted when all of the following items
are complete:
1. Over lot grading is complete and the County Engineer has inspected and approved
the grading.
2. Final grading of drainage easements and the installation of the storm water
drainage system is complete and the County Engineer has inspected and approved the
grading and installation.
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3. Construction of the roadway sub -grade and installation of the aggregate base
course, or other all-weather surface, for the roadway serving the project is completed and
inspected and approved by the County Engineer.
4. Acceptable density tests for the sub -grade and utility trenches have been
submitted to and approved by the County Engineer.
5. Street signs are properly installed at all intersections and have been inspected and
approved by the County Engineer.
b. Full Building Permits will be accepted when all of the following items are
completer.
1. Roadway surfacing at least through (aggregate base course or plant mix
bituminous base application ° SELECT ONE is complete and the Core .Engineer has
inspected and approved the surfacing.
2. Density tests for the applied material have been submitted to and approved by the
County Engineer.
3. Public water and sewer systems are completely constructed and evidence of
acceptance by the appropriate water, sewer and fire protection providers has been
submitted to the County Planning Department.
Developer shall notify all property owners when the above mentioned items have been
completed.
County 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
Developer and County.
Developer acknowledges that some or all of the lots in the development include building
envelopes. All structures must be located within these Larimer County approved
building envelopes, as shown on the approved subdivision plat. If a structure is within 5'
of the building envelope, the owner/applicant for a building permit w..11 be required to
demonstrate that the structure(s) is located within the building envelope prior to the
approval of the footing and foundation inspection. This shall be ac:omplished by a
written certification by a Colorado Licensed Surveyor (form available ''tom the Latimer
County Planning Department),
There is a Larimer County approved drainage plan for this development on file with the
Latimer County Engineering Department. This plan details information containing
horizontal and vertical placement of the structure, culvert size and locition and overall
site grading (if applicable). It is the responsibility of the lot own"uilder to ensure the
drainage of the lot is consistent with this plan. This includes ensuring that the minimum
opening elevation/top of foundation is within 2 inches of design elevation. It is also the
responsibility of the lot owner to ensure that the installation and maintenance of
landscaping and fences on the lots complies with the County approved drainage plan.
I2
26. Fees
Developer shall pay to County at building permit issuance County and Regional
Transportation Capital Expansion Fees, Community and Regional Park Fees In Lieu of
Dedication, School Fees, and Drainage Fees. The fees shall be the amount in effect at the
time of building permit issuance. Developer acknowledges and agrees that such fees are
roughly proportional to impacts created by this development. Developer shall also pay
any other applicable legislatively formulated and duly adopted fees which are in effect
and required to be paid at the time of building permit issuance provided such fees are
imposed on a broad class of property owners.
27. Maintenance of Improvements, Common Areas, and Residual Land
a. During the two-year warranty period, Developer shall be solely responsible to
maintain, repair and replace any and all improvements in the development
(including but not limited to roads, bridges, curbs, gutters, sidewalks, drainage
facilities, sewer systems, utilities, landscaping) and common areas. Upon
expiration of the two-year warranty period, the property owners, either
individually or through the Association, shall be solely responsible for such
maintenance, repairs and replacements. County shall have no liability or
obligation for such maintenance, repairs or replacements.
b. The Association shall set and collect dues and assessments from Property owners
in an amount sufficient to carry out its maintenance responsibilities.
C. There is no residual land associated with the Plank PD and PLD 6th Filing of
Fossil Lake Ranch.
d. In the event that Plank PD and PLD 6th Filing of Fossil Lake Ranch is not
annexed into the City of Fort Collins the Developer shall be responsible for the
following items:
In the event the County determines that the responsible entity/person(s) has failed
to adequately maintain the improvements or common areas, County shall so
notify the responsible entity/person(s) in writing. Such notice shall specifically
state the manner in which the entity/person(s) has failed to maintain the
improvements or common areas and the steps that must be taken to come into
compliance. The notice shall include a demand that such deficiencies in
maintenance be cured within thirty (30) days of the date of the notice and shall
also state the time and place of a hearing before the Board of County
Commissioners, which shall be held within fifteen (15) days of the notice.
At such hearing, the County may modify the terms of its original notice as to the
deficiencies, and may give an extension of time within which they shall be cured.
If the deficiencies set forth in the original notice, or in the modifications thereof,
are not cured within said thirty days or any extension thereof, the County, in order
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PAGE 08/13
to preserve the taxable values of the property contained within the development,
and to prevent the improvements or common areas from becoming a public
nuisance and public liability, may undertake to maintain the sane for a period of
at least one year.
e. Before expiration of the maintenance period, the County, upon its initiative or
upon the written request of the responsible entity/person(s) may call a public
hearing before the Board of County Commissioners upon notice to such
responsible entity/person(s) and to the property owners. At the hearing, the
responsible entity/penon(s) shall show cause why maintenance by the County
shall not, at the election of the County continue for an additional set period. If the
Board determines that the responsible entity/person(s) is ready and able to
maintain the improvements or common areas, the County shall cease to maintain
the improvements or common areas. If the Board determines the responsible
entity/person(s) is not ready and able to maintain the improvements or common
areas, the County may, in its discretion, continue such maintenance for a
succeeding set period subject to a similar hearing and determination prior to the
expiration of such period.
The cost of such maintenance by the County and the costs of enforcement
incurred by the County, including but not limited to monitoring, inspections, and
legal fees, shall be paid the owners of the Property that have a right to enjoyment
or use of the improvements involved. Any unpaid costs shall become a lien upon
said properties. The County shall file a notice of such lien in the office of the
County Clerk and Recorder upon the properties affected by such lien and shall
certify such unpaid costs to the County Treasurer for collection, enforcement and
remittance in the manner and with the same priority as provided by law for the
collection, enforcement and remittance of general property taxes,
2& Declaration of Covenants.
Developer and Association certify that Sections A-C of Article V of the Declaration of
Covenants for the Property provide for a regular maintenance program and adequate
funding for maintenance, repairs and replacements of improvements 'including roads,
bridges, curbs, gutters, sidewalks, drainage facilities, landscaping) and common areas and
means of enforcement; continuous safety inspections and immodiate follow-up
maintenance to correct unsafe conditions; the receiving and processing ofcomplaints.
Developer and Association agree that the Association shall not be dissolved without the
written consent of the Board of County Commissioners of Latimer County and certify
that the Bylaws of the Declaration of Covenants includes this prohibition.
29. Liability/Indemnity.
County's review and approval of any plans, reports, or drawings or County's inspection
and approval of any improvements constructed by Developer under this Agreement does
not constitute a representation, warranty, or guarantee by County that stv:h improvements
are free from defects or will operate adequately for the purpose intended. Current and
14
successor owners of the Property assume responsibility for all maintenance, repairs, or
replacements of improvements, including, but not limited to roads, bridges, curbs,
gutters, sidewalks, drainage facilities, sewer systems, utilities, landscaping, common
areas and Residual Land.
Developer agrees to indemnify and hold County, 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 performance, condition or quality of work at the development of the
Property pursuant to this Agreement. Developer further agrees to aid and defend County
in the event County is named as a defendant in an action concerning the performance,
condition or quality of work pursuant to this Agreement, except where such suit is
brought by Developer against County. Developer acknowledges it is not an agent or
employee of County.
Nothing in this Agreement shall be construed as a waiver, either express or implied, of
the immunities, rights, benefits, and protections afforded County under the Colorado
Governmental Immunity Act.
30. Default/Remedies/Enforcement.
Upon default of the provisions of this Agreement, the parties agree that this Agreement
may be specifically enforced by any party or any party may proceed in any other manner
authorized by law for a breach of contract. In addition, the County may:
a. Demand payment under the irrevocable letter of credit and use the proceeds to
complete the improvements specified herein with or without public letting as it
may deem advisable. In the event the collateral is insufficient to complete the
improvements, County shall be entitled to payment of such excess in any way
permitted by law. Nothing herein shall be construed as requiring County to
complete all of the improvements specified herein in the event the proceeds of
such irrevocable letter of credit are insufficient to finance all the improvements.
b. Issue a written notice to Developer to appear and show cause why the subdivision
shall not be vacated. Giving notice shall be deemed complete upon mailing same
certified mail to the address stated herein. The notice shall designate the date,
time and place the Board of County Commissioners will conduct a hearing to
consider vacation of the plat. The 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 Larimer County Land Use Code or State
Statutes for a violation of the State or local subdivision regulations.
d. Withhold building permits.
The remedies set forth herein are cumulative and the election to use one shall not
preclude use of another.
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PAGE 09/13
In the event of default by Developer or Association, Developer and Association agree to
Pay all expenses incurred by County occasioned by said default, including, but not
limited to, a reasonable attorney's fees in enforcing this Agreement.
31. Applicability of Other Regulations and Conditions.
This Agreement and the teams, conditions and covenants contained herein shall be
deemed to complement and shall be in addition to the conditions and requirement of the
Larimer County Land Use Code and the Supplemental Regulations to tYie Latimer County
Land Use Code to the extent the same are inconsistent with this Agreement.
32. Periodic Reviews.
County may conduct periodic reviews of the status of the development: as appropriate to
monitor and enforce the terns of this Agreement.
33. Binding Effect of Agreement.
This Agreement is intended 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 Property
who obtain title subsequent to the Hate of this Agreement, their heirs, successors, assigns
or transferees, and persons holding under Developer shall comply with the terms hereof.
If the Property 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 than.
In the event Developer transfers title to the Property and is thereby divested of all
equitable and legal interest in the Property, 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.
34. Notations and Recordation.
Developer shall note on the final subdivision plat, as a plat note, and in a disclosure
statement the existence of this Agreement as recorded by the Larimer County Clerk and
Recorder. Developer shall note on the final subdivision plat and in the disclosure notice
the entity/person(s) responsible for maintenance of the improvements, landscaping,
common areas and Residual Land. Developer shall file for recording with the Larimer
County Clerk and Recorder, this Agreement and any deeds and/or other documents
required as part of the final plat approval of this development by the Board of County
Commissioners.
16
35. Subordination.
Developer shall cause all lenders, lienholders or other persons or entities who have any
interest in the Property to subordinate their interest to this Agreement.
36. Conflict 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.
37. Severability.
If any part, terms, or provision of this Agreement is held by a court to be illegal or
otherwise unenforceable, such illegality or unenforceability 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.
38. Amendment.
This Agreement may be amended by mutual consent of the County and the owners of
75% of the 45 lots based on one (1) vote per lot, provided such amendment is in writing.
39. Controlling Law.
This Agreement shall be governed by the laws of the State of Colorado.
40. Annexation of the Property.
Pursuant to an intergovernmental agreement between the County and the City, the
Developer must promptly petition to have the Property annexed into the City, which
annexation petition shall be filed concurrently with recording of the subdivision plat for
the Property. In the event that the Property is annexed into the City, then the provisions
of this Development Agreement, with the exception of this Paragraph 40, shall be
superseded immediately upon the effective date of such annexation, by that certain
Development Agreement executed between the Developer and the City, of even date
herewith, pertaining to the Property. Provided the ordinance annexing the Property is
effective no later than February 1, 2007, no building permits shall be issued for the
Property prior to such annexation. The Developer shall be permitted to commence
installation of infrastructure improvements prior to the effective date of the Annexation
and to the extent any such improvements are so commenced, the County agrees that the
City will thereafter perform the inspection and approval processes required in connection
with any such improvements. The County further agrees that in the event the Developer
obtains a development construction permit from the County and subsequent thereto the
Property is annexed to the City, the County shall thereupon promptly transfer to the City
that portion, if any, of the development construction permit fees which have been
collected by the County.
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01/08/2007 15:54 9702234156 EVERITT COMPANIES
LARIMER COUNTY:
Board of County Commissioners of
County, Colorado
7Larime
Chair
ATTEST;
CCb
Deputy Clerk to the Board
STATE OF COLORADO )
) SS.
COUNTY OF LARIMER )
PAGE 10/13
The foregoing instrument was aclmowl•ed$ed before me this day of
DectmW 20_Qk by , fin W. CV W2.ry�- as chair of the Board
of County Commissioners of Larimer County, Colorado.
Notary Public
Witness my hand and official scal My Commission Expires: _ �Q� �'•(Z
OWNERS a ..
Leonard Plank S N O TA q Y�
$-4:AUB
;.•
Barb
Acknowldfged before me this 40 `day of 70-d G by Leonard
Plank and Barbara Plank.
Notary Public
sea]. My Commission. Expires:y f �09
18
DEVELOPER:
Kasey's Garden, LLC a Colorado limited liability company
By: Capital Managers, LLC a Colorado limited liability company, Manager
Stanley K. Everitt, Manager
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Acknowledged before me this _ZZ�&(day of / X44t4W 1209 by
Stanley K. Everitt, Mana er of Capital Managers, LLC, a Colorado limited liability company, as
Manager of Kasey's Colorado limited liability corporation.
ANNE MARIE = Notary PublicROMME
Witness my hand �ficial sea j; `C My Commission Expires:
FOF C0�0 .
ASSOCIATION:
Fossil Lake P.U.D. omeowners Association
By '
To albate, President
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
before me this 'z-�day of / Y Pki'Kblt� 20 0 & by -
as President of Fossil Lake P.U.D.
Homeowners Association and
Fossil Lake P.U.D. Homeowners Association,
as Secretary of
01/08/2007 15:54 9702234156 EVERITT COMPANIES PAGE 02/13
1. Title of the Development.
Ranch. The title of the development is Plank PD and PLD being the 6th Filing of Fossil Lake
2. Description of Development and Uses.
Plank PD and PLD being the 6th Filing of Fossil Lake Ranch is a subdivision of 18.56
acres into 45 single family lots. This subdivision includes 2.767 acres of Outlots.
3, Residual Land Restrictions.
There are no residual land restrictions.
4. Conditions otApproval.
• Perimeter drains Shall be incorporated into the construction of all dwellings.
• Larimer County Transportation capital Expansion Fees will be collected at the
time of building permits for each new dwelling within this development. Said fee
collected shall be the amount in effect at the time of building Permit application.
Cash in -lieu of school fees for the Poudre School District R-1 will be collected at
the time of building permit for each dwelling in this development.
Fire protection $enrices for the Plank PD and PLD being the d' Filing of Fossil
Lake Ranch will be provided by the Poudre Fire Authority. T11c developer shall
install fire hydrants throughout the development at a maximum spacing of 1000
feet with a minimum fire flow of 1000 gallons per minute at a minimum pressure
of 20 p.s.i.. Prior to the issuance of any building permits within the development
the applicant shall provide documentation by the Water District or Fire District
that testing of the fire system has been conducted and the results of such tests are
consistent with the minimum standards listed above. Larimer County is not
responsible for the administration of Fire District standards ':hat exceed those
required by the Land Use Code
• Address numerals shall be visible from the street fronting the property through the
use of six-inch (6'� numerals on contrasting backgrounds. This requirement shall
be specified in the covenants for the development and enforced by the
Association.
• Fees in -lieu of Regional and Community Parks will be required for each new
dwelling at the time of building permit. The amount of the fire in effect at the
time of building permit application will be charged.
• Individually calculated drainage basin fees will be collected f)r each lot at the
time a building permit is issued.
• 01/08/2007 15:54 9702234156
EVERITT COMPANIES PAGE 11/13
Notary Public
seal, My commission expires:�ji�9
F7
Exhibit A
Legal Description
Tract I:
A tract of land situate in the W 1/2 of Section 9, Township 6 North, Range 68 West of the 6th
P.M. Larimer County, Colorado. which considering the North line of the said W 1/2 as being
South 87 degrees 57' 07" East and with all bearings contained herein relative thereto is contained
within the boundary lines which begin at the Northwest corner of said Section 9 and ran thence
South 87 degrees 57' 07" East 729.90 feet; thence South 02 degrees 02' 53" West 359.64 feet;
thence North 87 degrees 57' 07" West 717.31 feet to the West line of the said West 1/2; thence
North 00 degrees 02' 32" East 359.86 feet to the point of beginning, subject to all easements and
rights of -way in place or now of record.
Less and except a parcel of land being a part of the NW 1/4 of Section 9, Township 6 North,
Range 68 West, 6th P.M., County of Larimer, State of Colorado and being more particularly
described as follows; Commencing at the Northwest comer of said Section 9 and assuming the
North line of said NW 1/4 to bear North 87 degrees 59' 40" West with all other bearings herein
relative thereto; thence South 87 degrees 59' 40" East along North line a distance of 30.02 feet;
thence South 00 degrees 00 10" East a distance of 30.02 feet to the South right of way of Kechter
Road, said point being the point of beginning; thence South 87 degrees 59' 40" East along said
South line a distance of 216.05 feet; thence South 89 degrees 12' 51" West a distance of 193.50
feet to a point of curvature; thence along the arc of a curve which is concave to the Southeast a
distance of 23.35 feet; whose radius is 15.00 feet, whose delta is 89 degrees 12' 34" and whose
long chord bears South 44 degrees 36' 34" West a distance of 21.07 feet; thence South 8.99 feet
to the East right of way of Ziegler Road; thence North 00 degrees 00' 10" West along said East
right of way a distance of 25.24 feet to the point of beginning.
Tract II:
A tract of land situate in the W 1/2 of Section 9, Township 6 North! Range 68 West of the 6th
P.M., Larimer County, Colorado which considering the North line of said West 1/2 as bearing
South 87 degrees 57' 07" East and with all bearing contained herein relative thereto is contained
within the boundary lines which begin at a point which bears North 87 degrees 57' 07" East
729.90 feet from the Northwest corner of said Section 9 and run thence along the North line of
the said West 1/2, South 87 degrees 57' 07" East 330.00 feet; thence South 02 degrees 02' 53"
West 773.91 feet; thence North 87 degrees 57 07" West 1032.80 feet to the West line of the said
Northwest 1/4 of said Section 9; thence along said North line, North 00 degrees 02' 32" East
414.53 feet; thence South 87 degrees 57' 07" East 717.31 feet; thence North 02 degrees 02' 53"
East 359.64 feet to the point of beginning; Except that tract of land described in Surveyor's
Certificate recorded in the records of the Clerk and Recorder of Larimer County on September
26, 1972, in Book 1522 at page 867.
21
01/08/2007 15:54 9702234156 EVERITT COMPANIES
PAGE 12/13
11/27/2006
IL-Xhibie $
Public Improvements Opinlon of Costs
Riprep EA
Straw Bale Unite I
$400.041
6
52,400.00
EA
Inlet Protection 8 Sediment Trap EA
$100.00
8
SFi00.00
Sift Fence
5200.04�
9
$1,800.00
LF
Seedln 6 Mulch
$2.26
7130
$2,542.60
AC
Vehicle TrackIng Pad
$900.0G1
10.5
$9.450.00
EA
$1,000.00
4
$4.000.00
awwwwr cv.c.7 croaron corm $20,692.50
20.2.2 Street lmnrnvemenra
Clearin and Grubblina LumD Sum
LS
$0.00
Removal of Structures and Obstructions
EA
57,000.00
1
$1,000.00
Su atle Preparation
Excavation
SY
$2.00
8500
$17 000.00
Borrow
CY
$2.00
3200
$6 400.00
FIII
CY
$5,00
3370
$6 850.00
Rook F oavation
CY
$2.00
320
5640.00
Fitter material
CY
50.00
Lime Treatment
CY
SY
$0.00
As halt Patdiln
TONS
W.
250
$0.00
$20,000.00
As t Pavement
Base Course
TONS
$60.00
1426
200.00
Concrete Pavement
TONS
$10.00
3570
5361700.00
GeotextHe
SY-IN
$0.00
KiPra
SY
0.00
Survey Monuments
CY
EA
$0.00
AcUustWnholes
EA
$100.0C
10
$0.00
$1,000,00
Adjust Valves
EA
Adjust Monuments
EA
00
Median Cover Material (Concrete)
SY
$0.00
00
ccu...P" p nr5 3t1l3,/90.00
202.3 Structuros
Bridge Structure
EA
Culverts
0,00
Guardrail
LF
0.00
Raisin Pedestrian
LF
$0.00
Bailin raA1c
LF
0.00
Heedwelie
EA
$D,00
$0.00
LV.L..i JIIYIiIY(tlA'
20.2.4 Pedestrian and Rikaw� 9n 11161a
"I I I
Sidewalk Gradin
SY
4-Inch Thick Sidewalk
SY
526.00
1600
$0.00
$40,000.OU
6-inch Thick Sidewalk
Directional Curb Ram
SY
$30.0
516
16,400.00
Comer Curb Ram
SY
$400.0
80
4,000.00
3Y
o.00
Pare 1
LCPP-137 Pe*wry27. 2M3
11/27/2006
Public Improvements Opinion of Costs
Project Name: Plank PD/PLD (Fossil Lake 6th Filing)
Please note: Separate costs are needed rgr nn-.aif. eiod , fr_.u....,
Mid Block Ramp
SY
$400.00
10
$4,000.03
Concrete Bikeway
SY
$0.00
Sidewalk Chase
EA
$1,000.00
5
$5,000.00
Curb and Gutter Grading
LF
$0.00
Curb and Gutter — Type II
LF
$0.00
Curb and Gutter —Type I
LFi
$10.00
4100
$41,000.00
Glue -down Curb
U-
$0.00
Subtotal 20.2,4 Pedestrian and Bikeway Facilities $129,480.00
20.2.5 Street Lighting
Standard Pedestrian Light
EA
$0.00
Standard Street Light
EA
$0.00
Subtotal 20.2.5 Street Lighting $0.00
20.2.6 Traffic Signals, Sianina and Striping
Standard Street Signs
EA
$500.00
3
$1,500.00
Standard Regulatory Signs
EA
$0.00
Standard Speed Limit Signs
EA
$500.00
2
$1.000,00
Latex Paint (4 inches)
LF
$0.00
Latex Paint (8 inches)
LF
$0.00
Latex Paint (12 inches)
LF
$0.00
Latex Paint (18 inches)
LF
$0.00
Latex Paint (24 inches)
LF
$0.00
Epoxy Pavement Marking (4 inches)
LF
$0.00
Epoxy Pavement Marking (8 inches)
LF
$0.00
Epoxy Pavement Marking (12 inches)
LF
$0.00
Epoxy Pavement Marking 118 inches)
LF
Epoxy Pavement Marking 124 inches)
LF
Preformed Tape for Symbols & Crosswalks
SF
$0.00
Preformed Thermoplastic
SF
Traffic Signals
EA
$0.00
ouuiulai 20.2.o iramc Signals, Signing and Striping $2,500.00
20.2.7 Work Zone Traffic Control
2.7 Work Zone
20.2.8 Storm Drainage Facilities
Grading
LS
$0.00
Inlets
EA
$1Q000.00Manholes
EA
6
$9,000.00
Pipe 15" RCP
LF
4$2�.,000.00
$23,626.75
Pipe 18" RCP
LF
$32,166.12
Pipe 24" RCP
LF
$21,431.50
Pipe 14"x23" HERCP
LF
$3,051.00
Subtotal 20.2.8 Storm Drainage Facilities $99,275.37
Opinion of Costs
Page 2
LCPP-137 Febmary 27, 2003
01/08/2007 15:54
11/27/2006
9702234156
EVERITT COMPANIES
PAGE 13/13
Public Improvements Opinion of Costs
A halt Patchin
SY
OC
5M1,10.00
Concrete Sidewalk R & R
SY
S5.00
5
Concrete Curbxaik R & R
LF
$2.50
s
MillingSY
LkVhalt Removal
SY
54.00I
4701
$1,880.00
20.2,10 Construction Surveying/Staking
20.2.11 Material Testing
20.2.19 Record Drawings
20.2.13 Construction Management
Water Lino Construction
..urvrvr cv.a.a riamavais ano roppa»
W,330.00
LS I $2-2,5000CI
11 1 500.00
Subtotal 20.2.10 Construction Survoymg/Staking
$22,500.00
LS I $1.600.()Cl
1 1 11500.00
Subtotal20.2.11 MaterialTesting
$1,500.00
LS $2 600.00
11 $2 600 00
Subtotal 20.2.12 Recortl Drawings
$2,500.00
LS 0 OOO OC
1 S40.000.0O
Subtotal 20.2.13 Construction Management
$40,000.00
Water Mains 6" PVC
LF
1 $20.00
23181
0,300.00
Cn-Site Water Su ervice
EA
$1,200.00
43
$51,Rp0.00
Fire rants
FA I
$3,500.00
5
$17 500.00
Sewer Line Construction
Other
vre.sr uus .,vnsrrucnan N110,4BU.00
Trunk Lines
$0 00
Maine (5")
LF
$25.00
1764
%44 100.00
Laterals or House Connections
FJ1
$900.00
44
$39 800.00
Manholes
EA
51,600.0a
8
812,000.00
vr�w,ar wovr uua �vnsuuuzron Wo, rUU.UU
$0 Do
Subtote! Other $0.00
opkidmarcmu
rap 3
), t LCPP-137 1kbMry 27, 2M3
2� 11/27/2006
Public Improvements Opinion of Costs
Project Name: Plank PD/PLD
note: Separate costs are needed for on -site and off -site imnrnvnmants
Landscane Imnrnvements-
Lake 6th
SUBTOTAL OF PUBLIC IMPROVEMENTS:
Additional 15% required by Section 12.6.2.C:
GRAND TOTAL OF PUBLIC IMPROVEMENTS:
$712,227.87
$106,834.18
$819,062.05
Plant Materials
$37,500.00
Irrigation System
$32,500.00
Paving / Surfacing
$1,400.00
Structual Elements (Gazebds, Benches, Fountains,
etc.)
$17,500.00
Mulch / Weed Barrier Materials
$4,200.00
Edging / Tree Staking Materials
—01
$2,250.0
SUBTOTAL OF LANDSCAPE IMPROVEMENTS:
Additional _% required by the Dev. Agreement
==QrQ 1 GRAND TOTAL OF LANDSCAPE IMPROVEMENTS:
$95,350.00
$14,302.50
$109,652.50
BOARD OF COUNTY COMMISSIONERS
SEAL LARIMER COUNTY
Chairman
PROFESSIONAL ENGINEER (Signature/Stamp) DEVELOPER
(Required if project in GMA)
K.
Opinion of Costs
Page 4
LCPP-137 February 27, 2003
5.
6.
7.
8.
a
• Passive radon mitigation measures shall be included in the construction of
residential structures on the development lots. The results of a radon detection
test conducted on the new dwellings once they are enclosed shall be submitted to
the County Building Department before a certificate of occupancy is issued. As
an alternative, a builder may present a prepaid receipt from a radon tester, which
specifies that a test will be done within thirty (30) days. A permanent certificate
of occupancy can be issued when the prepaid receipt is submitted.
• Engineered footings and foundations are required for any new residential
structures within the development.
Mineral Interests.
The Property is not subject to any mineral interests at the time of recording.
Water Rights and Water Interests.
There are no water rights and/or water interests associated with this property.
Improvements.
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, flood protection devices and other
improvements shown on the final plat and described in Exhibit B or in the supporting
documents in accordance with the plans and specifications, as prepared by Developer's
licensed engineers and professionals, and approved by County.
Developer shall also construct and install at its own expense all off -site improvements
described in the Final Construction Plans and in accordance with the plans and
specifications, as prepared by Developer's licensed engineers and professionals, and
approved by County. In the event that off site road improvements to Kechter Road and
Ziegler Road are completed at the time of the acceptance of this development agreement,
Developer shall work with the City of Fort Collins to form a repayment agreement in
accordance with LCUASS Section 1.9.23.3.a ,
All construction shall be performed in a good and workmanlike manner and in
accordance with applicable County standards, rules and regulations governing such
construction.
Completion Date.
All improvements required to be constructed or to be installed for development of the
Property, and all other matters agreed to be performed shall be installed, constructed or
performed by Developer on or before five (5) years from the recording of Plank PD and
PLD being the 6th Filing of Fossil Lake Ranch final plat.
Water Supply.
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01/08/2007 15:54 97e2234156 EVERITT COMPANIES PAGE 03/13
Developer shall obtain water service from Fort Collins -Loveland Water District.
Developer shall install the water system improvements necessary to service the property
in the manner provided on the approved utility plans. The water supply system shall be
subject to inspection by Fort Collins -Loveland Water District during construction.
Developer shall submit a letter of acceptance from the Fort Collins -Loveland Water
District for the maintenance and responsibility of all water supply improvements prior to
the completion date as stated in Section 8 of this agreement.
10. Sewage.
For public sewer systems. -
Developer shall obtain sewer service from South Fort Collins Sanitation District. All
sewer lines required for the Property shall be constructed in accordance with the
requirements of South Fort Collins Sanitation District and as reflected on approved utility
plans. The sewer mains and supply service lines shall be subject to inspection by South
Fort Collins Sanitation District during construction. Developer shall submit a letter of
acceptance from the South Fort Collins Sanitation District for maintenance and
responsibility of all sewer improvements prior to the completion date as stated in Section
8 of this Agreement.
11. Trenches.
Trenches for sanitary sewer and water, storm sewer lines, and utilities shall be compacted
in accordance with .specifications defined by County or the water, sewer, and utility
service provider. Developer will test trench compaction while work is in progress. A
sufficient number of tests shall be made to insure adequate compaction. The test results
shall be certified by the soils laboratory and maintained on file at the site by Developer
for review by County personnel. In the event adequate compaction testing is not
provided, County may order such testing and Developer shall reimburse County 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.
Compaction tests must be received and approved by the Engineering Department before
the completion date.
12. Roads,
Developer shall construct all road improvements and install all traffic mfcty devices as
shown on the final plat and in the supporting documents for the Development in
accordance with the plans and specifications, as prepared by Developer's licensed
engineers and professionals, and approved by the County Engineer. All street layout and
geometric design shall be in accordance with applicable County standards and as
portrayed on the approved construction drawings. Developer shall obtain a Development
Construction Permit and any required access or, utility permits prior to the start of
construction of any road improvements, either public or private.
Developer shall submit the following items to request the final release of completed road
improvements:
4
a. A signed and stamped statement must be submitted from a professional civil
engineer registered in Colorado that the road improvements have been completed
in substantial compliance with approved plans and the Larimer County Road
Manual or the Urban Area Street Standards (whichever is applicable), and that the
documenting engineer or his representative have 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. Copies of all on -site inspection reports
performed by the documenting engineer or his representative must be submitted
as well.
b. Test results must be submitted for all phases of the development as per the
Larimer County Road Manual or the Urban Area Street Standards (whichever is
applicable) for minimum materials sampling, testing and inspection and as
required by the County Engineer.
C. One (1) copy of the "as built" road improvements plans must be submitted at the
time Developer requests a release of collateral. All deviations from approved
plans must be listed and shown on the "as built" plans.
No release of the final construction collateral shall be made until the above listed items
have been submitted. All items listed above must be received and approved by the
Engineering Department before the completion date. 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
constructed on any lot, shall be certified by an engineer licensed in 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 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. The certification shall be submitted to the
County Engineer. No Certificate of Occupancy shall be approved unless certification is
approved by the County Engineer.
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 Property per the County approved storm
water drainage plan. Developer certifies that this prohibition has also been included in
the Declaration of Covenants for the Property.
13. Storm Drainage Improvements
Developer shall construct all storm drainage 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 Developer's licensed engineers and professionals, and
approved by the County Engineer. All design shall be in accordance with applicable
County standards and as portrayed on the approved construction drawings. Developer
5
01/08/2007 15:54 9702234156 EVERITT COMPANIES
PAGE 04/13
shall obtain a Development Construction Permit and any required access or utility
Permits prior to the start of construction of any improvements, either public or private.
Developer shall submit the following items to request the final release of completed
storm drainage improvements:
a. A signed and stamped statement must be submitted from a Professional civil
engineer registered in Colorado that the storm drainage improvements have been
completed in substantial compliance with approved plans and the Latimer County
Road Manual or the Urban Area Street Standards (whichever is applicable), as
well as the Latimer County Storm Water Management Manual, and that the
documenting engineer or his representative have 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. Copies of all on -site inspection reports
performed by the documenting engineer or his representative must be submitted
as well.
b• Test results must be submitted for all phases of the development as per the
Latimer County Road Manual or the Urban Area Street Standards (whichever is
applicable) and the Latimer County Storm minimum materials sWater Mazta$etnent Manual for
ampling, testing and inspection and as required by the
County Engineer.
c• one (1) copies of the "as built' storm drainage improvements plans must be
submitted at the time Developer requests a release of collateral. All deviations
from approved plans must be listed and shown on the "as built' plans -
All items listed above must be received and approved by the Engineering Department
before the completion date.
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 Property per the County approved storm
water drainage plan. Developer certifies that this prohibition has also Icon included in
Article XI, Section 8 of the Declaration of Covenants for the Property.
There is a Latimer County approved drainage plan for this development on file with the
Latimer County Engineering Department. This plan details information containing
horizontal and vertical placement of the structure, culvert size and location and overall
site grading (if applicable). It is the responsibility of the lot owner/builder to ensure the
drainage of the lot is consistent with this plan. This includes ensuring that the minimum
opening elevation/top of foundation is within 2 inches of design elevation. It is also the
responsibility of the lot owner to ensure that the installation and maintenance of
landscaping and fences on the lots complies with the County approved drainage plan,
14. Xcel Energy for Natural Gas
Developer shall obtain natural gas service from Xcel Energy. Developer shall construct
improvements as required by Xcel Energy to supply the Property with natural gas utility
service. Improvements shall be in accordance with Xcel Energy specifications. In no
event, however, shall County be responsible for the inspection and/or acceptance of
natural gas utility improvements to the Property.
15. Electric.
Developer shall obtain electric service from City of Fort Collins Light and Power.
Developer shall construct improvements as required by City of Fort Collins Light and
Power to supply the Property with electric utility service. Improvements shall be in
accordance with City of Fort Collins Light and Power specifications. In no event,
however, shall County be responsible for the inspection and/or acceptance of electric
utility improvements to the Property.
16. Telephone and Cable.
Developer shall obtain telephone and communication utilities from Qwest and Comcast
Cable. Developer shall construct improvements as required by Qwest and Comcast
Cable to supply the Property with adequate telephone and communication utilities.
Improvements shall be made in accordance with Qwest and Comcast Cable
specifications. In no event, however, shall County be responsible for the inspection
and/or acceptance of telephone and/or communications cable improvements to the
Property.
17. "As Built" Plans.
Developer shall provide to County one (1) copy of "as built' plans prepared by a
professional engineer for all drainage structures and facilities, road improvements,
erosion control facilities, and other site improvements constructed in connection with the
development of the Property. All testing and quality control reports shall also be
provided to County and must be submitted prior to final County approval. Developer
shall provide to the particular service provider "as built' plans for all water facilities,
sewer facilities, and utilities. All as-builts must be received and approved by the
Engineering Department and/or the particular service provider before the completion
date.
18. Landscaping Improvements.
Developer shall install the landscaping improvements as required in the Final Landscape
Plans for the development, including but not limited to plant materials on or before
December 31, 2008. Completion of improvements shall be certified stating that
improvements have been constructed in substantial conformance with the final
development plan documents. Building permits and/or certificate of occupancy shall not
be subject to completion of landscaping improvements; however, the final construction
collateral for landscaping improvements will be released only upon the receipt of the
7
01/08/2007 15:54 9702234156
EVERITT COMPANIES
PAGE 05/13
certification of completion and inspection and approval of the landscaping by the County.
Notwithstanding the forogoing, it shall be the responsibility of the individual lot owners,
and not the Developer, to install those trees shown on the Final Landscape Plan which are
located within the individual lots. The Developer certifies that Article th IX of e
Declaration of Covenants for the Property gives authority to the Association to enforce
the landscape requirements as established on the Landscape Plan for the development. The Developer shall not be required to provide collateral to the County to secure the
installation and replacement of such trees within the individual lots.
19. Erosion Control
In order to protect the soil resource, Developer shall construct erosion control facilities at
the commencement of construction. The construction and establishment of acceptable
erosion control faciIities shall be assured and installed by Developer and shall be
included in the Public Improvements Opinion of Costs attached hereto as Exhibit B.
Erosion control facilities must be installed and approved and the as -bunts must be
submitted and approved by the County before the completion date.
20. Fire Protection.
Fire protection services for the Plank PD and PLD being the 6`" Filing of Fossil Lake
Ranch will be provided by the Poudre Fire Authority. The developer shall install fire hydrants throughout the development at a maximum spacing of 1000 feet with e minimum fire flow of 1000 gallons per minute at a minimum pressure of 20 p,s.i., prior
to the issuance of any building permits within the development the applicant shall provide documentation by the Water District or Fire District that testing 3f the fire system
has been conducted and the results of such tests are consistent with the minimum
standards listed above. Larimer County is not responsible for the administration of Fire
District standards that exceed those required by the Land Use Code
21. Addressing.
Developer agrees that individual addressing of the lots in the development is an important
factor for identification and safety during construction. Developer shall install street
Signs and temporary address signage prior to the issuance of any building permit.
Permanent address numerals are also required for all new structures. Developer and
future Lot Owners agree that address numbers and/or road names may be changed at any
time by County or the governing body having jurisdiction over the prope,ty.
22. Public Improvements Opinion of Costs and Guarantee of Improvements.
Construction o11a=nl, In the event that the annexation of the Property by the City is
effective on or before February 1, 2007, Developer shall not need to post any security
with the County for construction improvements but instead shall post with the City its
irrevocable letter of credit at such time and in such form and amount as :he City requires
of City developments. If such annexation is not effective by February 1, 2007, the
following provisions shall apply.
The Public Improvements Opinion of Costs, as prepared by a professional civil engineer
licensed in the State of Colorado, detailing the costs of completing the improvements
required in this Agreement are shown on Exhibit B. Developer shall furnish construction
collateral to the County for the completion of the improvements in the form of and for the
amounts required by the City for City developments. The purpose of the construction
collateral provided by Developer is to guarantee that sufficient funds are available for the
completion of the improvements described. In the event that the Annexation is effective
no later than February 1, 2007, the Developer shall post additional letters of credit with
the City and shall seek a refund of the letters of credit posted with the County. In the
event the Property is not annexed, Developer shall post a new substitute letter of credit
with the following terms:
a. The amount of the letter of credit is equal to at least 115% of the estimated cost of
the improvements;
b. The letter of credit is payable to County upon demand if Developer fails to
perform the obligations specified in this Agreement and County has notified the
issuer of the letter of credit of the failure to perform;
C. At all times the unreleased portion of the letter of credit is equal to at least 115%
of the estimated costs of the uncompleted portions of the required improvements.
In no event shall any amount of the letter of credit be released or reduced without
the express written consent of Latimer County;
d. Fifteen (15%) percent of the total amount will remain available to County until
released by County; and
e. The date of expiration of the letter of credit must be no earlier than 60 days after
the date for completion of the improvements specified in this Agreement, but in
no event may the letter of credit expire until County has received 60 days written
notice of the pending expiration. Said notice must be sent by certified mail to the
County Planning Director.
f. The letter of credit with Larimer County shall be released at the time of security
placement with the City of Fort Collins after annexation.
Developer shall fully comply with County regulations and policies for requests for
release of collateral. County's consent to release collateral shall not be considered an
acceptance of improvements by County for maintenance purposes unless County
specifically states otherwise in writing. Procedures for completion of improvements and
disbursements to County from the collateral shall apply whether there are one or more
defaults, or a succession defaults on the part of Developer in performing the terms,
conditions and covenants contained in this Agreement.
Landscape Collateral. In the event that the annexation of the Property by the City is
effective by February 1, 2007, Developer shall not need to post any security with the
County for landscaping improvements but instead shall post with the City its irrevocable
letter of credit at such time and in such form and amount as the City requires of City
0