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Home My WebLink AboutFOSSIL LAKE ANNEXATION NO. 1 - 33-01 - SUBMITTAL DOCUMENTS - ROUND 1 -shall not be subject to City requirements for the same except that collateral to ensure completion of public improvements shall be posted with the County in accordance with Section 16 of the SDA, and upon the effective date of the annexation of the P.U.D. property to the City, such collateral shall be assigned to the City. With regard to any development parcel within the P.U.D. for which the Developer has not undertaken installation of public improvements on the effective date of the annexation of the P.U.D. to the City, the installation of such improvements shall be in accordance with the Utility Plans. The City shall impose no additional standards or requirements in connection with the Utility Plans, but such development parcel shall comply with all applicable City procedural and fee requirements for such improvements, including, but not limited to, obtaining a development construction permit, posting of collateral, provision of applicable construction warranties and guarantees and payment of City inspection fees. 2.5 Building Permits. Prior to the effective date of the annexation of the P.U.D. to the City, all applications for building permits or issuance of building permits shall be in accordance with County procedures and subject to County fees. Thereafter, all such applications for, and issuance of, building permits shall be in accordance with City procedures and subject to City fees for the same, provided that nothing herein shall be construed to permit the imposition of a City requirement inconsistent with the Utility Plans or the temps of this Agreement. The provisions of Section 10 and Section 20 of the SDA shall continue to apply to the P.U.D. upon it's Annexation to the City. 2.6 Certificates of Occupancy. With regard to any building permits which are issued prior to the effective date of the annexation of the P.U.D. property to the City, the County and the City shall mutually agree which entity shall issue the certificate of occupancy therefor. In the event the County and the City do not reach agreement, such certificates of occupancy shall be issued by the County. 2.7 Waiver of Street Oversizing Fees. The City has agreed to waive its Street Oversizing Capital Expansion Fee for each building permit issued by the City within the P.U.D. in exchange for the waiver by the Developer of any right to street oversizing reimbursement from the City in connection with its construction of transportation improvements in connection with the P.U.D. The City's agreement to waive such fees in exchange for the Developer's waiver of street oversizing reimbursement shall be a condition of annexation of the P.U.D. property to the City. 2.8 Third -Party Reimbursements. The Developer shall be entitled to all third -party reimbursements for which it may be eligible under the City's Municipal Code, provided that the Developer agrees to indemnify the City from all costs, including attorneys' fees, in connection with any litigation which is filed challenging such reimbursement obligation. 2.9 Inconsistencies. In the event that any of the special conditions set forth in this Section 2 shall be in conflict or inconsistent with any other term or condition of this Agreement, the special conditions shall prevail and shall supersede any provisions of this Agreement in conflict therewith. All provisions of this Agreement which are not in conflict with such special conditions shall continue to apply to the P.U.D. property upon annexation to the City. 2. Upon completion of the annexation of the Property to the City, the City shall be deemed a successor to the County and shall be subject to all rights and obligations of the County thereunder. r, 0 DRAFT DRAFT DRAFT 7-11-01 ATTACHMENT "B„ TO THE PETITION FOR ANNEXATION #1 CONDITIONS OF ANNEXATION 1. The Annexation of the Property to the City of Fort Collins, Colorado ("City") shall be subject to the terms and conditions of the Petition for Annexation, including this Attachment B, and the Subdivision Development Agreements ("SDA") between Latimer County, Colorado ("County") and Everline, LLC ("Developer") for Fossil Lake P.U.D., First Filing (recorded 6/7/99 at Reception #99049838) and Fossil Lake P.U.D., Second Filing (recorded at Reception # ). 2. Annexation to the City of Fort Collins: In the event that the P.U.D. property is annexed to the City of Fort Collins ("City"), the following special conditions shall apply together with other applicable terms and conditions of this Agreement, and such special conditions shall be incorporated as conditions into the Annexation Petitions as herein below defined: 2.1 Intergovernmental Agreement. The P.U.D. is located in proximity to the City, and there has been cooperation between the County, the City and the Developer throughout the planning and approval process. It is acknowledged that the Master Plan and Preliminary Plat approval by the County occurred before the adoption and approval of the Intergovernmental Agreement, and the density, lot layout, street configuration and other land planning elements were approved by the County after consultation with the City. 2.2 Annexation Petitions. The County and Developer acknowledge that the PUD may eventually be annexed into the City, provided the annexation is completed in strict conformance with the terms of this Agreement and the Petition for Annexation to which this Agreement is an attachment (the "Annexation Petition"). Annexation of the P.U.D. property shall be accomplished in a series of three (3) consecutive annexations in order to meet statutory contiguity requirements. It shall be an express provision of the Annexation Petitions that, in the event the City annexes the Property, it shall be permitted to develop in accordance with the approved Final Plat, the Utility Plans, the SDA's, and the terms of this Agreement, and such development shall not be subject to additional City land use regulations (including, but not limited to, the general development standards of the City's Land Use Code) unless an amendment to such plans is sought after annexation by the Developer. In the event the City does not complete the annexation of the P.U.D. property in conformance with the terms of this Agreement and the Annexation Petitions, the Developer shall have the right to develop in the County in accordance with the terms of this Agreement and the general rules and regulations for development in the County. 2.3 Annexation Fees and Costs. The Developer shall pay to the City one annexation filing fee for the processing of the Annexation Petitions and shall also pay the cost of required annexation maps and legal descriptions in connection with the annexation of the P.U.D. 2.4 Public Infrastructure, Construction Standards, Collateral, Inspection Fees and Warranties. Except as otherwise set forth herein, any development parcel within the P.U.D. for which the Developer has undertaken installation of public improvements on the effective date of the annexation of the P.U.D. to the City shall be permitted to continue such installation in accordance with the Utility Plans and County procedures and requirements as described in the SDA. Such installation of infrastructure improvements Community Planning and Environmental Services Current Planning City of Fort Collins Troy W. Jones City Planner �%�, tis �, d r�� -fie, c�►^d; t�� 5 -F�{- r-tc6d Lk., P.U.D, Re*-�,e (tvtew O\hd e%*t( oc so> 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 (970) 221-6750 • FAX (970) 416-2020