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HomeMy WebLinkAboutFOSSIL LAKE P.U.D. - FIRST FILING - 33-01D - LEGAL DOCS - LEGAL DOCUMENTSCONSTRUCTION INFRASTRUCTURE IMPROVEMENTS FOSSIL LAKE P.U.D. FIRST FILING LARIMER COUNTY. COLORADO ESTIMATED COLLATERAL TOTAL CATEGORY IMPROVEMENT COSTS 15.00% COSTS Testing: 120 Testing 29,475.00 4.421.25 33,896.25 SUBTOTAL 29.475.00 4,421.25 33,896.25 Landscaping & Amenities: 121 Landscaping & Amenities 475,000.00 71,25000 546.250.00 SUBTOTAL 415,000.00 71,250.00 546,250.00 ----...-ne- MiscellaI ous: - - - - 122 TYPE III BARRICADES 17,010.00 2,551.50 19,561.50 123 SIGNAGE (STREETS) 6,600.00 990.00 7,590.00 SUBTOTAL 23,610.00 3,541.50 27,15150 Electrical Service: 124 -Under Seperate Contract 0.00 0.00 0.00 SUBTOTAL 0.00 0.00 0.00 Natural Gas Service: 125 -Under Seperate Contract 0.00 0.00 0.00 SUBTOTAL O.CO -------- .-- 0.00 .............. .. ...... 0.00 Telephone Service: 126 -Under Separate Contract 0.00 0.00 0.00 - - - - _ ........ --- - -- - -------- - - ---- SUBTOTAL --- - - - - 0.00 - - - - 0.00 -- -- 0.00 Supervision: 127 Supervision charge 202,489.29 0.00 202,489.29 SUBTOTAL 202,489.29 0.00 202,489.29 PROJECT GRAND TOTAL $4,252,275 $607,468 $4,859,743 a EXHIBIT C Subdivision DevelopmentAcreement Fossil Lake P.U.D. - Larimer County CONSTRUCTION INFRASTRUCTURE IMPROVEMENTS FOSSIL LAKE P.U.D. FIRST FILING LARIMER COUNTY, COLORADO CATEGORY IMPROVEMENT 88 ABC SHOULDER 89 PAVEMENT MARKING 90 RECONSTRUCT EX. DRIVEWAY 91 TRAFFIC CONTROL 92 SIGNAGE Erosion Control: 93 SEED & HYDRO -MULCH -CO. RD. 9 SOUTH SUBTOTAL COUNTY ROAD #9 (North): Earthwork: 94 STRIP & PLACE 95 STRIP & STOCKPILE 96 UNCL. EX. (cut) 97 EMBANKMENT (compacted fill) 98 STREET SUBGRADE PREP. 99 SHAPE & GRADE Asphalt -Paving ESTIMATED COLLATERAL TOTAL COSTS 15.00% COSTS 13,965.60 2,094.84 16,060.44 7,445.00 1,116.75 8,561.75 4,250.00 637.50 4,887.50 2.650.00 397.50 3.047.50 875.00 131.25 1,006.25 3,530.00 529.50 268,759.75 40,313.96 4,059.50 309,073.71 274.05 41 A 1 315.16 1,279.80 191.97 1,471.77 1,367.15 205.07 1,572.22 1,607.70 241.16 1,848.86 8,947.50 1, 342.13 10,289.63 1,280.00 192.00 1,472.00 100 4" HBP / 10" ABC 126,219.40 18,932.91 145,152.31 101 ABC SHOULDER 9,310.40 1,396.56 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 2,650.00 397.50 3,047.50 105 SIGNAGE 875.00 131.25 1,006.25 Erosion Control: 106 SILT FENCE 1,470.00 220.50 1,690.50 107 SEED & HYDRO -MULCH 3,530.00 529.50 4,059.50 SUBTOTAL 166.4 1.00 24,964.65 191,395.65 COUNTY ROAD # 36 108 4" HBP / 10" ABC 3,597.20 539.58 4,136.78 ------------ --- - SUBTOTAL 3,597.20 --- 539.58 - ---- 4,136.78 Erosion Control (On Site): 109 STRAW BALE CHECK DAM 5.500.00 825.00 6,325.00 110 5' GRAVEL INLET FILTER 225.00 33.75 258.75 111 10' GRAVEL INLET FILTER 900.00 135.00 1.035.00 112 15' GRAVEL INLET FILTER 675.00 101.25 776.25 113 17' DEFLECTOR GRAVEL INLET FILTER 300.00 45.00 345.00 114 2' SIDEWALK CULVERT FILTER 75.00 11.25 86.25 115 10' SIDEWALK CULVERT FILTER 600.00 90.00 690.00 116 SILT FENCE 3.185.00 477.75 3,862.75 117 SEDIMENT TRAP 840,00 126.00 966.00 118 EROSION SEED & MULCH 71,050.00 10,657.50 81,707.50 SUBTOTAL 83,350.00 12.502.50 95.85250 , Surveying: 119 Surveying 65,500.00 9,825.00 75,325.00 SUBTOTAL 65.500.00 9,825.00 75,325.00 EXHIBIT C Subdivision Development.Agreement Fossil Lake P.U.D. - Larimer County 3 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 $1,200.00 $9,200.00 2 STRIP & PLACE (Non -Struct. Fill) 50,175.75 7,526.36 57,702.11 3 UNCL. EX. (cut) 168,705.75 25,305.86 194,011.61 4 EMBANKMENT (compacted fill) 78,137,40 11 ,720.61 89,858.01 5 C' G & WALK PREP. 535.00 80.25 615.25 6 ROLLOVER C & G PREP. 19,295.00 2,894.25 22,189.25 7 :VERTICAL C & G PREP. 8,706.65 1,306.00 10,012.65 8 OUTFLOW C & G PREP. 782.00 117.30 899.30 9 STREET SUBGRADE PREP, 26,883.00 4,032.45 30.915A5 10 4 1/2' DETACHED WALK (4") PREP. 11,554.05 1,733.11 13,287.16 11 5' DETACHED WALK (4") PREP. 3.638.60 545.79 4,184.39 12 5' WALKWAY (4") PREP. 1,955.00 293.25 2,248.25 13 2' TRICKLE PAN (6") PREP. 3,019.50 452.93 3.472.43 14 SHAPE & GRADE 18,900.00 2,835.00 21,735.00 SUBTOTAL 400,287.70 60.043.16 460,330.86 Sanitary Sewer: 15 TIE -INTO EX. MANHOLE 2,275.00, 341.25 2,616.25 16 8" PVC SEWER MAIN 259,123.52 38,868.53 297,992.05 17 18" PVC SEWER MAIN 130,200.00 19,530.00 149,730.00 18 DEWATER & STABILIZ'\TlON BEDDING 72,397,80 10,859.67 83,257.47 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 82,000.00 12,300.00 94,300.00 SUBTOTAL 656,146.32 98,421.95 754,568.27 Water Utility (On Site) 22 8" PVC H2o MAIN 227,717.36 34,157.60 261,874.96 23 8" GATE VALVE 30,544.00 4,581.60 35,125.60 24 3/4" H2o SERVICE & CURB STOP 84,050.00 12,607.50 96.657.50. 25 5' FIRE HYDRANT ASSY. (GV,T & BL) 37,224.00 5,583.60 42,807.60 26 TEMPORARY HYDRANT ASSY. (GV) 14,400.00 2,160.00 16,560.00 - ----- ----- - - ------- SUBTOTAL 393.935.36 ---- - ---- 59,090.30 --- 453,025.66 Off -Site Water Improvements: 27 TIE -INTO EX. 12" 1,575.00 236.25 1,811,25 28 12" DIP H2o 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 13,685.34 104,920.94 Storm Drainage: 31 24" N-12 PIPE 12.947.49 1.942.12 14.389.061 32 30" N-12 PIPE 13,536.00 2.030.40 15,566.40 33 18" CLASS 3 R.C.P. 11,989.30 1.798.40 13.787.70 34 24" CLASS 3 R.C.P. 22.728.68 3,409.30 26.137.98 35 30" CLASS 3 R.C.P. 16,153.80 2,423.07 18,576.87 36 33" CLASS 3 R.C.P. 3.569.60 535A4 4,105.04 37 24" ADS FLARED END SECTION 344.00 51.60 395.60 38 30" ADS FLARED END SECTION 532.00 79.80 611.80 39 18" RCP FLARED END SECTION 680.00 102.00 782.00 40 24" RCP FLARED END SECTION 2,492.00 373.80 2.865.80 4 dj 30" RCP FLARED END SECTION 3,038.00 455.70 3.493.7/0 42 33" RCP FLARED END SECTION 1.216.00 182.40 1.398.40 43 48" DIA. STORM MANHOLE (4') (24"/Less) 8,100.00 1,215.00 9,315.00 44 TYPE (L) RIP -RAP (d50=9") 12.000.00 1.800.00 13,800.00 EXHIBIT C Subdivision Development Agreement Fossil Lake P.U.D. - Larimer County EXHIBIT B PROPERTY DESCRUTION Fossil Lake FUD First Piling South Property A parcel of land being part of the Northeast Quarter (NE1/4) of Section Twenty (20), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County, of Larimer, State of Colorado and being more particularly described as follows: . BEG iI�'NTNG at the Northeast Corner of said Section 20 and assuming the Eastline of said NE1/4 as bearing South 01 °43'04" East a distance of 2662.69 feet with all other bearings contained herein relative thereto: THENCE South 01 043'04" East along said East line a distance of 2662,69 feet to the East Quarter Corner of said Section 20; THENCE South 87024'14" West along the South line of said NE1/4 a distance of 2374.74 feet to the Southeast Comer of that parcel of land as described as the exception for a reservoir site and right-of-way for ditch amounting to 24 acres in Book 1124 on Page 207 as recorded September 7, 1960 in the records of the Larimer County Clerk and Recorder (LCCR); Thence long the Easterly and Southerly lines of the aforesaid parcel of land by the following Five (5) courses and distances: THENCE North 38°26'46" West a distance of 329.49 feet; THENCE North 02011'46" West a distance of 1502.00 feet; THENCE South W41'46" East a distance of 370.00 feet; THENCE North 69'44' 14" East a distance of 429.00 feet; THENCE North 12009'14" East a distance of 859.00 feet to the North line of said NEl/4; THENCE North 87°19'02" East along said North line a distance of 1607.25 feet to the POINT OF BEGINNING. Said described parcel of land contains 138.884 Acres, more or less (±) and is subject to any rights -of -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. J! Property Description (continued) Fossil Lake PUD First Filing THENCE North 89040100" West (Rcc. North 89°40' Wcst) a distance of 7.98 feet; THENCE South 07°25'00" West a distance of 185.00 feet (Rec. South 07°25' West, 185 feet); THENCE South 32°40'00" Fait a distance of 138.00 feet (Rcc. South 32°40' East, 138 feet); THENCE South 14000'00" West a distance of 370.00 feet (Rec. South 14000' West, 370 feet); TIIENCE South 04030'00" West a distance of 212.00 feet (Rcc. South 04°30' West, 212 feet); THENCE South 01 °l0'00" West a distance of 253.25 feet (Rec. South 01010' West, 283 feet to the South line of the Southwest Quarter (SW 1/4) of said Section 9; THENCE South 88°06'37" East along said South line a distance of 18.06 feet to the Northeasterly Comer of that parcel of land described as being part of the NW 1 /4 of Section 16 and described in that document as recorded May 5, 1997 as Rcception Number 97027822 of the records of the LCCR; Thence along the Easterly and Southerly line of the aforesaid parcel of land by the following Fourteen (14) courses and distances: THENCE South 66*11'33" West a distance of 139.18 feet (Rec. North 66°57' East, 155 feet); THENCE South 39°07'33" West a distance of 291.00 feet (Rcc. North 89°53' East, 291 feet); THENCE South 69'01'33" West a distance of 399.00 feet (Rec. North 69°47' East, 399 feet); THENCE South 23°00'33" West a distance of 225.00 feet (Rec. North 23*46' East, 225 feet); THENCE South 1 1115'27" East a distance of 231.00 feet (Rec. North 10'30' West, 231 feet); THENCE South 33°28'27" East a distance of 230.00 feet (Rec. North 32°43' West, 230 feet); THENCE South 66°10'27" East a distance of290.00 feet (Rcc. North 65°25' West, 290 feet); THENCE South 79°13'27" East a distance of 262.00 feet (Rec. North 78128' West, 202 feet); THENCE South 03'01'27" East a distance of 154.00 feet (Rcc. North 02°16' West, 154 feet); THENCE South 27°56'33" West a distance of 316.00 feet (Rec. North 28°42' East, 316 feet); THENCE North 67*51'27" West a distance of 242.00 feet (Rec. South 67°06' East, 242 feet); THENCE North 81`727" West a distance of 489.00 feet (Rec. South 80°52' East, 489 feel); THENCE North 60°58'27" West a distance of 301.00 feet (Rec. South 60013' East, 301 feet); "THENCE North 66°16'27" West a distance of 701.00 feet (Rec. South 65°31" East, 701 feet) to the West line of the NW 1/4 of said Section 16; THENCE North 00° 14'33" East along the West line of said NW 1/4 a distance of 892.00 feet (Rcc. South 01'00' West, 892 feet) to the Northwest Comer of said Section 16, also being the Southwest Comer of said Section 9; THENCE North 00°07'50" East along the West line of the Southwest Quarter (S W 1/4) of said Section 9 a distance of 2645.33 feet to the POINT OF BEGINNING. Said described parcel of land contains 199.545 Acres, more or less (_) and is subject to any rights -of -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. EXHIBIT A PROPERTY DESCRIPTION Fossil Lake PUD First Filing North Property A parcel of land being part of the West Half (W 1/2) of Section Nine (9), and part of the Northwest Quarter (NW 1/4) ot'Section Sixteen (16), all in Township Six North (T.6N.), Range Sixty-eight West (R.68 W.) of the Sixth Principal Meridian (6th P.M.), County of Latimer, State of Colorado and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 9 and assuming the West line of the Northwest Quarter (NW 1/4) of said Section 9 as bearing North 00°00'10" Wcsl (Rec. North 00°02'32" East) a distance of 2643.82 feet with all other bearings contained herein relative thereto: THENCE North 00`00'10" West along said West line a distance of 1869.44 feet (Rec. North 00°02'32" Last, 1869.49 feet) to the Southwest Comer of the parcel of land recorded as Reception Number 930 70898 of the records of the Larimer County Clerk and Recorder (LCCR); THENCE South 87°59'40" East (Rec. North 875707" West) along the South line of the aforesaid parcel of land a distance of 33.02 feet; THENCE South 00°00' 10" East a distance of 489.05 feet to a Point of Curvature (PC); THENCE along the Arc of a curve which is concave to the Northeast a distance of 23.56 feet, whose Radius is 15.00 fact, whose Delta is 90°00'00", and whose Long Chord bears South 45'00'10" Fast a distance of 21.21 feet to the Point of Tangency: THENCE North 89"59'50" East a distance of 581.60 feet to a PC; TTIFNCE along the Arc of a curve which is concave to the South a distance of 35.12 feet, whose Radius is 268.50 feet, whose Delta is 07°29'41 ", and whose Long Chord hears South 86' 15'20" East a distance of 35.10 feet; THENCE North 07°29'31" East along a line radial to the aforesaid curve a distance of 155.69 fee,; THENCE South 60"02'33" East a distance of 942.93 feel; THENCE North 29`57 27" East a distance of 11.25 feet; THENCE South 60°02'33" East a distance of 98..85 feet; THENCE South 29°57'27" West a distance of 191.75 feet; THENCE South 60°02'33" East a distance of 16.00 feet; TIIL-NCI; South 29°57'27" West a distance of 342.00 fact; THENCE South 60°02'33" bast a distance of 398.77 feet; THENCE South 01 °54'47" West a distance of 110.07 feet to the Northerly line of that parcel of that land as recorded October 19, 1994 as Reception Number 94085271 of the records of the LCCR; Thence along the North and West line of the aforesaid parcel of land by the following Two (2) courses and distances: THENCE North 88°05' 14" West (Rec. South 88002'40" East) a distance of 277.16 feet; THENCE South 00°00'42" West a distance of 282.47 feet (Rec. North 00°03'15" East, 282.47 (eat) to the Northwest Comer of that parcel of land as recorded April 17, 1991 as Reception Number 91015652 of the records of the LCCKI ' ThrNCE South 51 °30'51" East along the Westerly Line of the aforesaid parcel of land a distance of 561.47 feet (Rec. North 51 °28'l8" West. 561.47 feet) to the Northwesterly Corner of that parcel of land as recorded June 15, 1992 as Reception Number 92033792 pf the reoords of the LCCR; Thence along the Westerly line of the aforesaid Parcel of land by the following Two (2) courses and distanccs: THENCE South 00100'42" West a distance of 1033.88 feet (Rec. North 00°03'15" East, 1033.88 feet); TN.cNYCF. South 50040'08" Last a distance of248.66 feet (Rec. North 50°37'35" West, 258.87 feet) to the Northwesterly line of that parcel of that land as recorded August 1, 1903 in Book 180 on Page 261 of the records o4thc LCCR; Thence along the Northwesterly and Westerly line of the aforesaid parcel of land by the following Six (6) courses and distances: d� J L.-RIMER COUNTY: L_ARIMER COUNTY BOARD OF COUNTY COMMISSIONERS 01 Chair to the Board STATE OF COLORADO ) ss. COUNTY OF LARIMER ) ATTEST: Deputy .Clerk Lk The foregoing instrument was acknowledged before me this day of 19yy by as (',hex, r bf �r i /h LY Ci?i I n bu 8-'Cl rv_>, e � (fit rrl n t S"$i t o �r i J Witness my hand and official seal. y My Commission Expires: Notary Public ^vly 'Commission Expires 03/30/2002 13 l� 24. Notation and Recordation: The Developer shall note on the final subdivision plat, as a plat note, the existence of this Agreement by reference to Reception Number and Film Number as recorded by the Larimer County_ Clerk and Recorder. The Developer shall note on the final subdivision plat the body responsible for maintenance of roads or other public facilities. The Developer shall file for recording with the Larimer County Clerk and Recorder this Subdivision Development Agreement, deeds and/or any other documents required as part of the approval by the Board of County Commissioners of the above referenced PUD. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this -s ay of 19 %2L. EVERLINE, LLC, A Colorado Limited Liability Company BY: Double E&&,',Inc., Kartager, A Corrado Corporation By:, David Everitt, President STATE OF COLORADO ) ) ss. COUNTY OF L ARIMER ) The foregoing instrument was acknowledged before me this � day of Ad ; 19g1 , by Dgoi4 cSueras Prescdeht of DoLLbIP Et9, Znr—. Witness my hand and official seal. My Commission Expires: 71�8I :aor NOTARY PUBLIC r?otary Public 12 L� 22. Periodic Review: Larimer County may conduct periodic reviews of the status of the development, which is the subject of this Agreement, said review to occur at least annually. 23. Transfer of Property: This Agreement is intended to provide for the orderly construction of structures and other improvements on the property. Those owners of the property or any portion thereof who obtain title subsequent to date hereof, or persons holding under Developer or subsequent owners, shall comply with the terms hereof and the County and any successor town or city may enforce this Agreement against such subsequent owners and those holding under them. In the event the Developer transfers title to the property and is thereby divested of all equitable and legal interest in the property, the Developer shall be released from liability under this Agreement with respect to any breach of the terms and conditions of this Agreement occurring after the date of any such transfer of interest. In such event, the succeeding property owner shall be bound by the terms of this Agreement. 11 .0 the date, time and place the Board of County Commissioners will conduct a hearing to consider vacation of the plat. Said hearing shall be not less than thirty (30) nor more than sixty (60) days from the date of the notice. (c) Proceed in the manner described in the Larimer County Subdivision Resolution or Colorado State Statutes for a violation of the state or local subdivision regulations, including withholding building permits. 20. Infrastructure Maintenance: a) Larimer County and the City have agreed in the Intergovernmental Agreement for the Fort Collins Urban Growth Area ("Intergovernmental Agreement") that the City will assume routine maintenance and inspection of public improvements. b) Upon the expiration of the warranty (2 years from the date of final acceptance of completion of each construction infrastructure category of improvement and in accordance with ',17 of this Development Agreement), the maintenance of the public improvements identified in the approved utility plans shall be the responsibility of the City of Fort Collins, in accordance with the Intergovernmental Agreement. If the City fails or refuses to perform its inspection or maintenance obligation, the County agrees that it will cooperate with the Developer to compel performance by the City of its maintenance and inspection obligations in connection with this development. 21. Issuance of Building Permits: (a) For the purposes of this Agreement, "Building Permit" shall mean any permit to begin work to constrict a building on the site, including permits for footings and foundations. Unless otherwise described, the Developer acknowledges and agrees that Building Permits for individual lots shall only be issued after installation of water and sewer facilities, successful inspection of subgrade, application and inspection of aggregate road base surfacing, as well as any necessary storm drainage or detention facilities, and drainage improvements, immediately adjacent to the lot for which a Building Permit is sought. Larimer 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 the Developer and the County. Furthermore, the Larimer County Planning Director may adjust the number of permits allowed in Paragraph 10 if, in the sole discretion of the Director, additional permits could be allowed. (b) Developer desires to construct a recreation center and certain model homes in the First Filing. It is acknowledged and agreed by Developer and Larimer County that full Building Permits for said construction may be issued upon the installation of adequate fire protection in the vicinity of lots specified for such purposes as well as adequate temporary construction accesses to each such specified site. Full Building Permits for these proposed improvements shall not be subject to the requirements of Paragraph 21 (a) above. WE c� defaults, or a succession of defaults on the part of the Developer in performing the terms, conditions and covenants contained in this agreement. 18. Inspection: (a) No construction shall commence without written approval of the County Engineer following a pre -construction meeting scheduled by the County Engineer. Developer shall supply the County a schedule of construction and shall notify County of commencement of construction. County Engineer shall notify the City of Fort Collins of the pre -construction meeting, supply the City with a copy of the construction schedule, and shall notify the City of the date of commencement of construction. (b) Inspections of installations of improvements shall be performed by the City of Fort Collins engineering construction inspectors. Said all stall 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. In the event there is a dispute over the decisions made by the field inspectors, the Developer shall promptly notify in writing the City Engineer about the dispute. The City Engineer shall convene a meeting between the Developer, the City Engineer and the County Engineer within two (2) business days of receipt of the notice. Said dispute shall be resolved at this meeting by the County Engineer. If the County Engineer determines that the work is not in compliance, it shall be corrected by the Developer within the time frame set by County Engineer, and if not so corrected, the County Engineer may declare the Developer in default of this agreement. 19. Default/Enforcement: Upon default of the provisions of this Subdivision Development Agreement the parties agree that this Agreement may be specifically enforced by either party or either parry may proceed in any other manner authorized by law for a breach of contract. The remedies set forth herein are cumulative and the election to use one shall not preclude use of another. In the event of default by either party, such party agrees to pay all expenses incurred by the other party occasioned by said default, including, but not limited to. a reasonable expense for attorney's fees in enforcing this Agreement. In addition, the County may: (a) Demand payment under the Development Loan and use the proceeds to complete the improvements specified herein. Nothing herein shall be construed as requiring the County to complete all of the improvements specified herein in the event the proceeds of such Development Loan are not sufficient to finance all the improvements. (b) Issue a written notice to Developer to appear and show cause why the subdivision plat shall not be vacated. Giving the notice shall.be deemed complete upon mailine the same certified mail to the address stated herein. Said notice shall designate G V disbursement for an improvement item exceed the cost estimates in this. Subdivision Development Agreement. (e) The Development Loan shall specify that 5 percent of the total cost of the construction infrastructure improvements amount cannot be drawn upon and will be available to the County until released by the County. This amount will be considered warranty collateral and will be proportionately allocated to the construction infrastructure categories as listed on Exhibit C, based on total cost within each category. (f) The Development Loan shall specify the date of proposed expiration which shall be the date of release as stated in paragraph (e) above, or two (2) years from the date of final subdivision improvement acceptance for each construction infrastructure category listed on Exhibit C, whichever shall occur first. Said Development Loan shall stipulate that in any event, the Development Loan shall remain in full force and effect until after Larimer County has received sixty (60) days written notice from the issuer of the pending expiration. Said notice shall be sent by certified mail to the Director of Larimer County Planning Department. The purpose of the collateral provided. by Developer hereunder is to guarantee that sufficient funds are available for the completion and warranty of the improvements described. The collateral shall be returned to Developer pursuant to the County regulations and policies for subdivision improvements agreements and requests for release of collateral. Ten (10) days prior to the request for Release of Collateral, the City shall be notified of the request and shall schedule an on -site walk through inspection within five (5) days of being notified. Within five (5) days of said inspection, City shall provide the County Engineer with a letter of acceptance of improvements and acceptance to maintain said improvements. In the event improvements are not acceptable, City shall provide a written description of the deficiencies that do not meet the plans and specifications to the Developer and the County Engineer. Developer shall make whatever modifications are necessary to overcome said deficiencies and shall then notify City and County requesting re -inspection. Re -inspection and approvals shall follow the time line as described above. However, in the event that any portion of the work and improvements have not been made, installed, completed or performed by the date in paragraph 5 above, the County may have such remaining work and improvements completed in such means and in such manner, by contract with or without public letting, or otherwise; as it may deem advisable, and the County shall be entitled to use the aforementioned collateral for this purpose. In the event the collateral is not sufficient to complete the improvements required to be constructed or installed, the County shall be entitled to payment of such excess in any way permitted by law. The liability of the institution issuing the Development Loan shall not, however, exceed the face amount thereof. The County's consent to release collateral shall not be considered as an acceptance of such improvements by the County for maintenance purposes unless the County indicates otherwise. The procedures for completion of improvements and work by the County and reimbursement to the County from the collateral shall apply whether there be one or more I 01\ 15. Telephone and Cable: Developer shall construct improvements as required by US West to supply the PUD with adequate telephone and communication utilities. Improvements made shall be in accordance with US West specifications. In no event, however, shall Larimer County be responsible for the inspection and/or acceptance of telephone and/or communications cable improvements to the PUD. 16. "As Built" Plans: The Developer shall provide to Larimer County, the City of Fort Collins, and/or the particular service provider (in the case of water and sewer installation) "as built plans" as prepared by a Professional Engineer for all utilities, drainage detention structures, road improvements, and any other site improvement constructed in connection with the development of this PUD. All testing and quality control reports shall also be provided to the County and City, and must be submitted prior to Final Acceptance. 17. Cost Estimates and Guarantee of Improvements: Detailed estimates of the costs of completing the improvements required in this Agreement are shown in Exhibit C. Developer shall fully comply with the County regulations and policies for subdivision improvements, agreements and requests for release of collateral. Developer shall furnish collateral to the County for the completion of the improvements in the form of a Development Loan issued by a federal or state licensed financial institution. The Development Loan shall state at least the following: (a) The Development Loan shall be in the amount of 115 percent of the estimated cost of constructing the improvements. (b) The Development Loan shall provide for payment upon demand by County, if Developer has not performed the obligations specified in this Agreement, and the issuer has been notified of such default. (c) Developer may draw from the Development Loan in accordance with the provisions of the Larimer County Subdivision Regulations, the Subdivision Improvement Agreement for Fossil Lake P.U.D., First Filing, and the terms of this Agreement. (d) The issuer of the Development Loan shall guarantee that at all times the unreleased portion of the Development Loan shall be equal to a minimum of 115 percent of the estimated costs of completing uncompleted portions of the required improvements, based on inspections of the development by the County. In no case shall the permits for 45 homes, the recreation center and up to 11 model homes, may be issued by Latimer County, subject to Paragraph 21 below. Release of the final non -warranty collateral is subject to the submittal and approval of said engineer's certification of approval. (b) Ten (10) working days prior to the issuance of any certificate of occupancy (temporary occupancy of model homes and/or recreation center excluded) the portions of the drainage improvement system that are immediately adjacent to or a part of each lot. including lot grading required to be constructed on any lot, shall be certified by an engineer licensed in Colorado confirming that said improvements are completed and operational in accordance with said final development plan documents. Said certification shall confirm that any construction, landscaping, fencing, or other improvements have not materially interfered with the system's functionality and adequacy. Furthermore, said certification shall identify the lot corner elevations and the top of lowest window well or lowest opening elevations of any improvements, as well as indicate the direction of drainage away from improvements, swales, drain lines or any other elements that may facilitate drainage. Said certification shall be submitted to the Latimer County Engineer who shall fax a copy of the certification to the City of Fort Collins for review. No Certificate of Occupancy shall be approved_; unless certification is approved by the Latimer County Engineer. 12. Landscaping Improvements: Developer shall install the landscaping improvements as required in the Final Landscape Plans for the Fossil Lake PUD, First Filing. Completion of improvements shall be certified stating that the improvements have been constructed in substantial conformance with said final development plan documents. Building permits and/or certificates of occupancy shall not be subject to completion of landscaping improvements; however, the final non -warranty collateral for landscaping improvements will be released only upon the receipt of certification of completion. 13. Public Service — Natural Gas: Developer shall construct improvements as required by Public Service Company ofColoradoto supply the First Filing with natural gas utility service. Improvements shall be in accordance with Public Service of Colorado Specifications. In no event, however; shall Larimer County be responsible for the inspection and/or acceptance of natural gas utilitv improvements to the First Filing. 14. City of For, Collins — Electric: Developer shall constrict improvements as required by City of Fort Collins to supply the First Filing with electric utility service. Improvements shall be in accordance with City of Fort Collins Specifications. In no event; however, shall Larimer County be responsible for the inspection and/or acceptance of electric utility improvements to the First Filing. 6 inspection as found in CDOH Materials Manual and as required by the Larimer County Engineering Office. (c) Three (3) copies of the "as built" road improvements plans must be submitted at the time Developer requests a final release of completed road improvements. All deviations from approved plans must be listed and shown on the. "as built" plans. No release of the final non -warranty collateral shall be made until the above listed items have been submitted. 10. County Road 99 — Offsite Improvements: It is acknowledged and agreed that the Developer will be responsible for reconstruction of County Road 9 north of County Road 36 as a condition of approval of the Project (the "Offsite Improvements"). The Offsite Improvements shall consist of the design of the ultimate road to meet current Larimer County standards for an arterial, and construction of the center 36 feet of the asphalt mat in a manner and with a vertical profile consistent with the ultimate design. It is also acknowledged by the parties that other property owners are in the process of planning and engineering the reconstruction of the Offsite Improvements as needed to serve other projects in the vicinity. The Developer shall not be required to design or construct the Offsite Improvements immediately upon execution of this agreement. The parties agree that in the event the Larimer County Engineer determines in his sole opinion, that sufficient progress has not been made by others in the design and/or construction of the Offsite Improvements by January 1, 2000, he shall by request made in writing require that the Developer design and complete construction of the Offsite Improvements prior to December 1, 2000 or negotiate with the Developer an alternative course of action and completion date. The Developer shall be eligible for reimbursement of expenses incurred in accordance with applicable Larimer County requirements. Such reimbursement may be in the form of an oversizing reimbursement, a third party repay agreement, a reimbursement from Capital Expansion Fees, or a combination of all of the above. If there is a reimbursement from Capital Expansion Fees, it shall be limited in amount to those fees paid by the Fossil Lake P.U.D. development and in proportion to the distribution of site generated traffic using County Road 9 versus other major county roads as indicated by the Developer's traffic study with the option of including in such reimbursement any Capital Expansion Fees paid to Larimer County by any subsequent developments directly accessing the Offsite Improvements. 11. Storm Drainage Improvements: (a) Developer shall constrict all storm drainage improvements as shown on the -subdivision Final Plat and in the supporting documents for First Filing, in accordance with the plans and specifications, as prepared by Developer's licensed engineers and professionals, and approved by the County Engineer. Completion of improvements shall be certified by a professional engineer licensed in the State of Colorado, stating that the improvements, and facilities, have been constructed in substantial conformance with said anal development plan documents. Prior to. the issuance of said certification, building 5 7. Sewa2e• All sewer lines required for First Filing shall be constructed in accordance with the requirements of the South Fort Collins Sanitation District and the County Engineer and as reflected on approved utility plans. The sewer mains and supply service lines shall be subject to inspection by the District and the County Engineer during construction. Developer shall submit a letter of acceptance from the South Fort Collins Sanitation District for the maintenance and responsibility of all sewer improvements prior to the release of the final non -warranty collateral or release of completed improvements. 8. Trenches: Trenches for sanitary sewer and water, and storm sewer lines shall be compacted in accordance with specifications defined in Exhibit A of the Final Utility Plans for Fossil Lake P.U.D First Filing. Trench compaction will be tested by the Developer while work is in progress, and testing frequency shall meet criteria detailed in Exhibit A. The test results shall be certified by the soils laboratory and maintained on file at the site by the Developer for review by Larimer County and City of Fort Collins inspection personnel. In the event that compaction testing is not provided, Larimer County and/or City of Fort Collins may order such testing, and Developer shall reimburse the County or City for all such testing expenses incurred. No release of the final non -warranty collateral or release of completed improvements shall be made until successful compaction tests are received. 9. Roads: Developer shall construct all road improvements as shown on the subdivision final plat and in the supporting documents for First Filing in accordance with the plans and specifications, as prepared by the 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 for the First Filing of Fossil Lake P.U.D. All street construction, to include the pavement design and technical criteria, shall be performed in accordance with the standards attached as Exhibit A of the Final Utility Plans of Fossil Lake P.U.D. Developer shall submit the following items to request the final release of completed road improvements: (a) A statement must be submitted from an Engineer registered in Colorado that the road improvements have been completed in substantial compliance with approved plans and specifications and that the documenting Engineer or his representatives have made regular outside on -site inspections during the course of construction and the field plans utilized are the same as those approved by Larimer County. (b) Test results must' be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and a Therefore, certain engineering criteria and obligations described in the IGA shall be imposed upon the PUD in accordance with the Finding and Resolution adopted by Larimer County on June 23, 1998 which states: "The final construction plans for all required improvements shall be carefully coordinated with the City of Fort Collins to insure that all technical requirements are addressed." The County Engineer shall insure that the final construction plans are given to the City for review and that all applicable City comments and requirements are addressed. 4. Inspections and Warrantv: The development of lots, tracts, and outlots of Fossil Lake PUD, First Filing shall be inspected and warranted in accordance with adopted policies of Larimer County as of December 10, 1998 and Exhibit A as attached. Future filings shall be required to participate in inspection and warranty policies duly adopted by Larimer County at the time these filings may be approved, to the extent consistent with Developer's Vested Rights. Two year warranty periods guaranteeing against defects in materials and/or workmanship, for each category of construction infrastructure improvements, as described on attached Exhibit C, shall begin upon final construction acceptance by the County of each construction infrastructure improvement category. 5. First Filing Improvements: Developer shall construct or install all streets, curbs, gutters, utilities, drainage controls, water and sewer facilities, flood protection devices and other improvements shown on the subdivision final plat and/or in the supporting documents for the First Filing in accordance with the plans and 'specifications, as prepared by the Developer's licensed engineers and professionals, and approved by the County. All improvements required to be constructed or installed for the development of the First Filing of Fossil Lake PUD, and all other matters agreed to be performed herein shall be installed, constructed or performed by Developer within three years of the date on which the final subdivision plat is approved. All construction shall be performed in a good and workmanlike manner and in accordance with applicable County standards, rules and regulations governing such construction. 6. Water Supply: Developer shall install the water system improvements necessary to service First Filing in the manner provided on the approved utility plans. The water supply system small be subject to inspection by the Fort Collins -Loveland Water District and the County Engineer during construction. Developer shall submit a letter of acceptance from the District for the maintenance and responsibility of all water supply improvements prior to the release of the final non -warranty collateral or release of completed improvements. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained and the approval, execution and acceptance of the plat for recordation by the County, it is agreed as follows: 1. Master Plan and Preliminary Plat: The approved Master Plan and Preliminary Plat of Fossil Lake PIJD consists of two non-contiguous parcels, the legal descriptions of which are shown on the attached Exhibit A (the "North Parcel'); and Exhibit B (the "South Parcel'). The land uses approved for the North Parcel consist of 428 single family lots, 58 patio/townhouse units on Tracts B and C, and a variable use on Tract A of neighborhood service or commercial uses such as daycare, church, office, photo studio, etc. In the event one or more of these types of neighborhood service or commercial uses occurs on other properties within a 3/8 mile radius of Tract A, then the Developer shall be permitted to have a maximum of 80 multi -family dwelling units on Tract A. Land uses described above shall be developed on the North Parcel, in substantial conformance with the land use layout as depicted on the Master Plan. .The South Parcel shall consist of open space and agricultural land, with the exception of three (3) lots, all as shown on the Master Plan. Two of the lots will accommodate existing dwellings and the 'third is for the purpose of permitting construction of a new dwelling unit. The open space and agricultural lands will be encumbered with a Conservation Easement and maintained using the guidelines of an accompanying Resource Management Plan, which will be approved in connection with the approval of the final subdivision plat for the First Filing. 2. Extended Vesting Agreement: The County has approved the extension of the statutory vesting period for the PUD and the effective period for the Master Plan. Such approval has been formally embodied in a separate agreement between the County and the Developer entitled Agreement to Extend Vested Rights for Fossil Lake PUD which has been approved by the Board of County Commissioners on December 21, 1998. Said Agreement shall govern all issues regarding vesting of the Master Plan and PUD. Larimer County and The Citv of Fort Collins: The PUD is located in proximity to the City of fort Collins ("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 PUD approval by the County preceded the adoption and approval of the May, 1998 Intergovernmental Agreement for the newly expanded Fort Collins Urban Growth Area ("IGA"); however, the density, lot layout, street configuration and other land planning elements were approved by the County after consultation with the City. Furthermore, it is understood that the County, City and Developer realize this Development will eventually be annexed into the City. RCPTN # 99049838 06/07/99 16:25:00 # PAGES - 20 FEE M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - �5.tiu SUBDIVISION DEVELOPMENT AGREEMENT Relating to Developer's Obligations in FOSSIL LAKE P.IJ.D., FIRST FILING THIS AGREEMENT is made this ZFW day of , 19 9,? , by and between the Board of County Commissioners of Larimer County, Colorado ("County"), and Everline, LLC, A Colorado Limited Liability Company, of 3030 South College Avenue, Fort Collins, Colorado 80525 ("Developer"). WHEREAS, Latimer County has approved the master plan and preliminary plat of Fossil Lake Planned Unit Development ("PUD") by Findings and Resolution adopted and dated June 23, 1998; and WHEREAS, Developer has submitted to the County for approval, execution and recordation a final subdivision plat for Fossil Lake PUD, First Filing ("First Filing"); and WHEREAS, Developer desires to develop the PUD using a defined set of improvements; and WHEREAS, County has considered the final subdivision plat, the proposed development and improvements to the land therein, and the requirements to be imposed upon the land and properties by reason of the proposed development and improvement of the land included in the final subdivision plat; and WHEREAS, County is willing to approve, execute and accept for recordation said plat upon the agreement of the Developer to construct and install the improvements related to the First Filing as herein described; and WHEREAS, County and Developer mutually acknowledge the existence of and support the principles and intent set forth in the Fossil Creek Reservoir Area Plan. adopted by the City of Fort Collins City Council on March 17, 1998, and by the Larimer County Planning Commission on March 25, 1998; and in the Intergovernmental Agreement for the Fort Collins Urban Growth Area. adopted on May 5, 1998, by both the Chairman of the Larimer County Board of Commissioners and the Mayor of the City of Fort Collins: and WHEREAS. County and Developer mutually acknowledge and agree that the :natters hereinafter set forth are reasonable conditions and requirements to be imposed by the County in connection with its approval, execution and acceptance for recordation of the final subdivision plat, and that such matters are necessary to protect, promote and enhance the eeneral welfare. i