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
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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
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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.
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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
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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 -
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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.
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