HomeMy WebLinkAboutGREENBRIAR REPLAT - Filed OA-OTHER AGREEMENTS - 2003-11-14Replat of Greenbriar Subdivision
Amendment Agreement No.1
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TFIIS AMENDMENT AGREEMENT, is made and entered into this 9,S day of
April, 1987, by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation ("City"), and FIRST INTERSTATE BANK OF FORT COLLINS, N.A.,
("Developer"), is an amendment to that certain Development Agreement dated
the 18th of Julv, 1985, by and between the City and FIRST INTF,RSTATE BANK
OF FORT COLLINS ("Development Agreement").
WHEREAS, the parties hereto previously executed a Development Agree-
ment on July 18th, 1985.
WHEREAS, the parties are presently desirous of modifying the original
Development Agreement referred to above.
NOW THEREFORE, in consideration of the initial promises of the
parties hereto and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
Subheading 2 ("Special Conditions") subparagraph A. (Storm drainage
lines and appurtenances) of the Development Agreement shall be modi-
fied by the addition of a second paragraph as follows:
A. Storm drainage lines and appurtenances.
(ii)The City agrees to reimburse the Developer for all engineering
and construction cost associated with the installation of the
36" North Greenbriar Extension outfall Storm Sewer as shown in
the revised Utility Plans on file in the City Engineer's
Office. Attached hereto and incorporated herein is an "Exhibit
X" which is an estimate of all costs eligible for reimbursement
by the City to the Developer. Payment shall. be made in accor-
dance with Chapter 93 of the City Code, after all storm drain-
age facilities, for the entire Subdivision, have been completed
by the Developer, and accepted by the City.
L ti 1 J `1 U r s ", (-
protective covenants are being filed concurrently with the
filing of the Plat of Greenbriar P.U.D.
Dated at Fort Collins, Colorado, this G�day of
1979.
HVOLBO -J NNSO ONSTRUCTION,.A;
DEVE P T, I
By Y.
ATTEST: �r _
7TM 9,�
n
TED G. ROSE
CHARLES F.MU NZ RG
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Except as herein amended or modified, the Development Agreement
shall continue in full force and effect. This Agreement and the Devel-
opment Agreement constitutes the entire understanding of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands the
day and year first written.
ATTEST:
City Clerk /
APPROVED:Gt�
City Attorney
ATTEST
CITY OF FORT COLLINS
a mu 'cipal corporatipp
Ry
ity Manager
i Engeer
FIRST INTERSTATE RANK OF FORT COLLINS,
N.A. FORT COLLINS, COLORADO
By:
D. A. Verkuyl, Ex ice President
SA
STEWARTMSSOCIATES
Consulting Engineers and Surveyors
EXHIBIT "X"
April 28, 1987
The development Agreement for
This exhibit does not apply to this development.
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an adopted
basin master plan.
1.
77 hours machine time for stripping
& grubbing of right of way
$ 65.00
$ 5091.00
2.
71 loads fill for swale
51.75
3885.00
3.
36 hours machine time for grading &
compacting fill in Swale
65.00
1100.00
4.
5 manholes
2400.00
12000.00
5.
1 wingwall
948.00
6.
1 divider box
1973.00
7.
50 feet 18 inch RCP installed
39.60
1980.00
8.
1414 feet 36 inch RCP & Sealerl
37.80
48984.00
9.
21 tons rip rap in place
46.25
971.00
10.
857 tons 3/4 inch rock
8.45
7242.00
11.
1414 feet RCP pipe installation2
32.00
45248.00
Plus 2% contingency fee
2588.00
12.
Outfall pan allowance
775.00
13.
Top grate for divider box allowance
750.00
14.
Relocate Mountain Bell allowance
450.00
15.
Relocate Public Service Gas allowance
750.00
16.
Relocate City of Fort Collins Electric
2500.00
17.
Engineering
2400.00
18.
Construction Management, Administration,
Overhead & Supervisory
13963.00
TOTAL
1) 1314 LF x (32.60/LF x 1.0575 ST)
100 LF x (34.90/LF x 1.0575 ST)
2) Installation -36" RCP
Reclaim ditch allowance
Miscellaneous
James H. Stewart
and Associates, Inc.
214 N. Howes Street
PO Box 429
Ft. Collins, CO 80522
303/482-9331
45293 - Class II
3691
48984
45248
9620
5660
29968/1414 = 21.19/LF
$153598.00
CREDIT FROM OWNER FOR IRRIGATION IMPROVEMENTS
1. A fill swale (66%)
2. 112 top grate
3. 1 manhole
4. 112 divider box
5. 18 inch RCP
6. Construction Management, Administration,
Overhead & Supervisory
Total Credits
(3323.00)
(325.00)
(2400.00)
(986.00)
(1980.00)
(901.00)
$ (9915.00)
NET ESTIMATE COST OF STORM DRAIN $143683.00
REPLAT OF GREENBRIAR SUBDIVISION
THIRD AMENDMENT AGREEMENT
THIS AMENDMENT AGREEMENT, is made and entered into this 11'�11
day of February, 1988, by and between the CITY OF FORT COLLINS,
COLORADO, a municipal corporation ("City"), and FIRST INTERSTATE
BANK OF FORT COLLINS, N.A., ("Developer"), is an amendment to
that certain Development Agreement dated the 18th of July, 1985,
by and between the City and FIRST INTERSTATE BANK OF FORT COLLINS
("Development Agreement").
WHEREAS, the parties hereto previously executed a Development
Agreement on July 18, 1985, which Development Agreement was
subsequently amended on March 31, 1986 and again on February 23,
1987; and
WHEREAS, the parties are presently desirous of making further
modification of the Development Agreement.
NOW, THEREFORE, in consideration of the promises of the
parties hereto and other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the parties
agree as follows:
Subheading 2 ("Special Conditions") subpara-
graph A (Storm drainage lines and appurte-
nances) of the Development Agreement shall be
modified by the addition of a third paragraph
as follows:
A. Storm drainage lines and appurtenances.
(ii.i) The City agrees to reimburse the Developer for
all engineering and construction costs associ-
ated with the installation of the South Green -
briar Extension Outfall Storm Sewer as shown in
the revised Utility Plans on file in the City
Engineer's Office. Attached hereto and incor-
porated herein is Exhibit "Y" which is an esti-
mate of all costs eligible for reimbursement by
the City to the Developer. Payment shall be
made in accordance with Chapter 26 of the City
Code, after all storm drainage facilities, for
the entire Subdivision, have been completed by
the Developer, and accepted by the City.
Except as herein amended or modified, the Development Agree-
ment shall continue in full force and effect. This Agreement and
the Development Agreement, as otherwise amended, constitutes the
entire understanding of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year first above written.
ATTEST:
APPROVED AS TO FORM:
Assistant City Attorney
ATTEST:
Avg-
CITY OF FORT COLLINS
a municipal corporation
By C
Steven C. Burkett, City Manager
ne
-'City g2neer
FIRST INT STATE BANK
OF FORT POLLINS
N.A. Fort Collins, Colorado
EXHIBIT "Y" - STORM WATER OUTFALL
DEVELOPMENT AGREEMENT FOR GREENBRIAR SUBDIVISION
ACTIVITY
ESTIMATE
1)
ENGINEERING
$ 11,207.
2)
PIPE INSTALLATION
162,330.
3)
JUNCTION BOX
7,150.
4)
DEWATERING
35,000.
5)
COLD WEATHER OPERATIONS
5,300.
6)
TEMP FENCE
660.
7)
CONFLICTING UTILITIES
10,000.
8)
PRIVATE SERVICE REPAIR
-0-
9)
FLAGGING & BARRICADES
-0-
10)
ELECTRIC
2,395.
11)
PAVEMENT PATCH & REPAIR
9,929.
12)
DRIVE RESTORATION
5,364.
13)
IRRIGATION RESTORATION
4,290.
14)
FENCE REPAIR & REPLACEMENT
1,874.
15)
LANDSCAPE RESTORATION
17,188.
16)
TREE REMOVAL
1,700.
17)
COMMON LABOR
1,200.
18)
MISC & CONT. 7%
18,900.
19)
CONSTRUCTION MANAGEMENT 9%
26,435.
TOTAL $320,922.
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LANDSCAPE AGREEMENT
HVOLBOLL-JOHNSON CONSTRUCTION & DEVELOPMENT, INC., a
Nevada corporation, TED G. ROSE and CHARLES F. MUENZBERG,
both of Fort Collins, Colorado, do hereby make the following
declarations as limitations, restrictions and uses to which
Greenbriar P.U.D. located in the North 1/2 of the Northeast
1/4 of Section 1, Township 7 North, Range 69 West of the
Sixth P.M., City of Fort Collins, Larimer County, Colorado,
may be put, and hereby specify that these declarations shall
constitute covenants to run with all of the above -described
land, provided by law, and shall be binding on all parties
and all persons claiming under them, and for the benefit of
and limitations on all future owners of all or part of said
tracts, this declaration being signed for the purpose of
guaranteeing that said tracts will be landscaped initially
and kept in desirable condition in the future as herein
specified.
These landscape improvements as described in the land-
scape plot plans submitted to the City of Fort Collins and
on record therewith shall be made and installed in the manner
as described in said plan unless amended pursuant to the
approval of the City of Fort Collins. Upon completion of
the installation or construction of improvements provided
in the Subdivision Agreement of even date herewith made with
the City of Fort Collins or three (3) years from the date
hereof, whichever occurs earlier, the developer or owner
shall cause the open space or common areas depicted upon
the Plat of Greenbriar P.U.D. to be seeded and suitably
planted with grass, trees and decorative shrubs pursuant
to the provisions of said landscape plot plans excepting,
however, lands necessary for construction. It is further
understood and agreed that the developer of said property,
or subsequent owner(s) or their assigns or successors in
interest shall be responsible for the mainten4nce and care
DHI a-1u rL,l; L U 0
(including necessary replacement of dead trees or shrubs)
of all "planted and landscaped" areas within said open space
or common areas. Should the developer or subsequent owner(s)
fail in any respect to comply with the terms of this Agree-
ment, the City of Fort Collins upon notifying said developer
or owner(s) in writing of the matters in regards to which
default is asserted and should the developer or owner(s)
fail either to cure said default within thirty (30) days
after receipt of such notice or to commence within twenty
(20) days to rectify such default and continue thereafter
to use due diligence to rectify such default until it is
fully rectified or cured, then the City of Fort Collins
shall have the right to enter upon said property and perform
the work necessary to replace said improvements or maintain
same and the developer or current owner shall pay or cause
to be paid to the City of Fort Collins such reasonable sums
necessary to reimburse said City of Fort Collins for the
labor and material expended to complete or maintain said
improvements which payment shall be made within ten (10)
days after receipt of billing. If said billing is not paid,
then the City of Fort Collins pursuant to the authority
granted by these covenants shall have a lien on all property
and improvements thereto within the particular tract of land
in the Greenbriar P.U.D. on which said work was performed,
said lien to be exercisable by filing a notice of said lien
against said property and improvements thereto. The City
of Fort Collins shall be entitled to all rights of fore-
closure or other remedies existing pursuant to Colorado law
for enforcement of liens against real property and may also
at its discretion without waiving any other rights it may
have pursuant to law, proceed directly with legal action
against the developer or current owner, their assigns or
successors in interest to collect payment of the reasonable
amounts so expended pursuant to the terms hereof. These
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