HomeMy WebLinkAboutGREENSTONE PUD PHASE 1 - Filed OA-OTHER AGREEMENTS - 2003-11-17ONE P.U.D. PHASE 1 and PHASE 2.
AMENDMENT AGREEMENT NO.1
THIS AMENDMENT AGREEMENT, made and entered into this 1 72,,,,
day of of 19941, by and between the CITY OF FORT COLLINS,
COLORAD , a municipal corporation, hereinafter referred to as the
"City"; and STONER AND COMPANY, INC., a Colorado corporation,
hereinafter referred to as the "Developer"; and GREENSTONE, INC.,
a Colorado corporation, hereinafter referred to as the "Owner"
is an amendment to that certain "Development Agreement" dated the
12th of July, A.D. 1993, by and between the City, GreenStone, Inc.
and Jay D. Stoner.
WHEREAS, the parties hereto (or their predecessor's in
interest) previously executed the Development Agreement; and,
WHEREAS, the parties are presently desirous of modifying 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:
1. Subheading II. Special Conditions; Section D. Streets;
Paragraph 3. shall be deleted from the Development
Agreement.
2. Exhibit "B" of the Development Agreement is hereby
replaced with the attached new Exhibit "B."
Except as herein modified, the Development Agreement shall
continue in full force and effect. This Agreement and the
Development Agreement constitute the entire understanding of the
parties.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
a MuTZ:
o 1 Crpora 'on
By Z Y� �-
City Manager
ATTEST:
{v� CITY CLER
APPROVED AS TO CONTENT:
Director of Engiheeril
APPROV AS TO FORM:
City Attorney
DEVELOPER:
STONER AND COMPANY, INC., a Colorado
ATTEST:
PoBerta Greeno, Secretary
OWNER:
GREENSTONE,INC., a Colorado
corporation
By
D Stoner, President
ATTEST:
By: (corporate seal)
Re a Deno, Secretary
EX- ff1,017 1/6'
MEMORANDUM
DT: April 14, 1994
TO: Glen Schlueter, Stormwater Utilities
Craig Foreman, Parks and Recreation
i
FM: Matt Baker, Engineering Department
RE: Cost Sharing on CR 32 Box Culvert - Greenstone PUD
The proposed box culvert on CR 32, just east of Lemay Avenue is ready for
construction. This memo will outline my proposal for cost sharing between the City
departments of Engineering (Street Oversizing), Parks and Recreation, and the
Stormwater Utility. The following outlines the responsibilities of the parties involved in
the costs:
Developer - Fixed cost based on local street portion of structure needed by
development (double Tx 7' culverts)
Street Oversizing - Oversized portion of structure being built (25' x10' 3-sided
box culvert)
Storm Drainage - Incremental portion of upsizing culvert to handle regional
flows, expressed as a percentage (upsizing from double 7' x 7' culvert to double
10' x 8' culvert)
Parks & Recreation - Incremental portion of upsizing culvert for pedestrian
underpass, expressed as a percentage (upsizing from double 10' x 8' culvert to
25' x 10' 3-sided box culvert)
Background:
This culvert crossing is being constructed in conjunction with Greenstone PUD, Phase I
& II. During the development review process, Stormwater indicated the need to expand
the size of this culvert to handle regional stormwater flows. Parks and Recreation also
indicated a need to use this crossing as a pedestrian underpass for an important
regional trail network to connect the City of Fort Collins with the City of Loveland.
Stormwater directed Lidstone & Anderson, a consulting engineer, to size the crossing.
Parson & Associates, the developer's engineer, designed the final structure, a 25' wide
by 10' high precast 3-sided box, with the pedestrian crossing underneath. Lidstone &
Anderson also prepared three engineers estimates of cost for three sizes of culverts:
1 The double 7' x 7' precast culvert required by the historical flows, which is the
size of the: culvert initially required by the development.
2 A double 10' x 8' precast culvert, which would be the size of the culvert needed
by the Stormwater Utility to handle both historic and basin improvement flows.
3 A 25' x 10' 3-sided precast box culvert, which is sized to accommodate a
pedestrian underpass needed by Parks and Recreation, plus the stormwater
flows.
(A copy of these estimates are attached).
Although these estimates are not quite accurate with the final project bids, they are
consistent with each other to give a percentage of costs. Using these estimates, the
percentage of the costs of the final 25' x 10' culvert breaks out as follows:
Structure Cn%t Porrontnno
Original
Development
Double Tx 7'
$193,300
56.87% J
Stormwater Utility
Double 10' x 8'
$259,700
19.53%
Parks & Recreation
25' x 10' 3-sided
$339,900
23.60%
Although, this matrix gives guidance on the increase in costs from the original
development structure by Storm Drainage and Parks & Recreation, there are other
issues that need to be explored.
Developer's Portion:
The developer's portion of the cost is the local street portion of double 7' x 7' culvert.
This is significantly less than the local street portion of the final 25' x 10' 3-sided
culvert. The excess costs for increasing this culvert should be borne by Stormwater
and Parks & Recreation.
Street Oversizing:
The street oversizing fund would normally reimburse the oversized portion of the
culvert. Even though the original double 7' x 7' culvert has been increased to a 25' x
10' 3-sided culvert, street oversizing will reimburse for the center (oversized) portion
greater than the local street portion of the larger structure.
City/County Boundary:
Because the structure is built on the UGA Boundary, there is no city developer for the
south side. The structure will not be extended to the south (into that local street
portion) unless required by a county development, or improved as a future capital
project. (Because it is in the county, a future county developer may not be reimbursed
for the increase in the structure's size, however, that is a future issue). Temporary
headwalls and wiingwalls will be built on the south side until such time as the structure
is extended to full major arterial width. The increased cost for the 25' x 10' 3-sided
wing and headwalls over the double 7' x 7' culvert wingwalls should be borne by
Stormwater and Parks and Recreation.
Roadway Grades:
Looking at the design vertical curves of the proposed CR 32 street improvements, the
roadway required an additional 1.5 ft of fill for the 25' x 10' 3-sided box culvert over the
double 10' x 8' box culvert. Since this is the result of the increase in size for the
pedestrian underpass, Park and Recreation should bear this cost. This will be a
separate item because the roadway project is separate and will be bid after the
construction of the culvert crossing. Preliminary estimates of this additional fill is
approximately, $4,000.00.
Cost Analysis:
Bid price (see attached bid tab) for the 25' x 10' 3-sided box culvert is $296,082.
Figures generated use this as the total cost of the structure, which includes
engineering, traffic control, construction management, and a 10% contingency.
The developer's portion has been calculated (but not verified) at $32,753.00.
An estimate of the street oversizing reimbursement for the oversized portion of the 25' x
10' 3-sided culvert is $144,785.00.
The split between Stormwater and Parks and Recreation is based on the original
percentages of the Lidstone & Anderson estimates. Storm Drainage bearing 45.28% of
the remaining costs and Parks & Recreation bearing 54.72% of the costs.
The final breakout of probable costs to each party would then be estimated at:
Total Price
$296,082
Lowest bid for 25' x 10' 3-
sided box culvert
Developer
$32,753
Based on local street
portion of double 7' x 7'
box culvert
Street Oversizing
$144,785
Based on oversized
portion of 25' x 10' 3-sided
box culvert
Remaining costs
$118,544
Includes wingwall,
parapet, grouted rip -rap,
guard rail, and box culvert
cost over and above
developers portion
Storm Drainage
$53,677
45.28% of remaining costs
Parks & Recreation
$64,867
54.72% of remaining costs
4,000
Additional fill material
$68,867
Total cost
Summary:
I am in the process of verifying the developers cost estimate submitted for review.
However, I believer the figures outline in this memorandum are accurate for budgeting
purposes. Construction of this structure will commence within the next few weeks.
Stormwater and Parks and Recreation are requested to appropriate their portion of the
cost for payment to the contractor as soon as possible. As we have done on previous
projects of this type, I will receive requests for reimbursement from the developer,
calculate the portions for the various City departments, and forward them to each
department for review and payment.
If you have any questions, please do not hesitate to contact me at x 7732.
CMOFV�OWCU iNS
LETTER AGREEMENT REGARDING SLOPE EASEMENT
GreenStone P.U.D. in the
City of Fort Collins,
Larimer County, Colorado
This Letter Agreement will set forth an Agreement between the
City of Fort Collins ("the City") and GreenStone P.U.D.
Homeowners' Association ("the Association").
GreenStone P.U.D. ("the P.U.D.") is a residential subdivision
located in Section 1, Township 6, Range 68 West of the Sixth P.M.
At the time this Letter Agreement is written, the subdivision
improvements for it are being installed.
A portion of the P.U.D. borders County Road 32. When the
P.U.D. improvements are installed, certain landscaping and
equestrian trail improvements will be installed on the perimeter
of the P.U.D. that borders County Road 32. Such improvements
include fences, sprinklers, horse trails, sidewalks, and the like.
When the P.U.D. subdivision improvements are installed by the
Developer for County Road 32, the Developer will perform certain
grading and street work in the County Road 32 right of way and
slope easements (as recorded on the plats for the P.U.D.) that
will serve as an interim condition, until such time as the City
widens County Road 32 and installs sidewalks.
The City and the Association recognize that County Road 32
will be widened by the City at some presently unknown date in the
future.
The Association therefore agrees not to install any
buildings, sheds, or other structural improvements in the area
lying in the right of way of County Road 32 nor the slope
easements bordering County Road 32. That is, the only
improvements in such area will be fences, sprinklers, horse
trails, landscaping (but not including trees), and the like.
The Association further acknowledges and agrees that the City
shall have the right, when the City in its sole and absolute
discretion determines, to widen or otherwise improve County Road
32, and to re -grade the area within the County Road 32 right of
way and adjacent slope easements. In doing so, the City shall
have the right to remove fences, sprinklers, landscaping, and the
horse trails. The Association shall have no claim whatever
against the City or its agents for the alteration or removal of
any such items, nor for the loss of use of any such items.
The City covenants and agrees to cut and cap the sprinkler
systems then existing, at its expense, and to hydro -seed the
altered or re -graded area, at its expense. However, the City may
utilize a method other than hydro -seeding so long as the City
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plants the disturbed area, in a reasonable manner, with grass.
The City may select the type of grass used in such seeding, so
long as the type chosen is reasonably suited for the Fort Collins
climate. The City shall have no duty whatever to replace any
landscaping within the disturbed area, and the Association shall
have no right or claim whatever for the loss of any such item.
This Letter Agreement shall be recorded with the Larimer
County Clerk and Recorder and shall be binding upon the
Association, its successors and assigns, and upon all future
owners and occupiers of the strip of land on which slope easements
exist adjacent to County Road 32.
This Letter Agreement is signed by the parties hereto on the
dates i n Ai.4w4 AA, o A -Pe / e-- 1994, shown by their respective
signatures.
Ark" I � 1994
Date
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument
F day of` 6
,
of the City of F rt Collins,
CITY OF FORT COLLINS,
a Municipal Corporation /
BY: 14��—1
Steve Burkett, City Manager
was acknowledged before me this
1994, by Steve Burkett, City Manager
a Municipal Corporation.
Witness my hand and official seal.
My commission expires:
INbtary Public
W4-11- 5, 1994
Date
&C �� 1994
D to
APPROVED A TO FORM:
City Attorney
APPROVED AS TO CONTENT:
'Lzz � -
Director of Enginee
- 2 -
i/ eN 5'/ , 1994
Date
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
GREENSTONE P.U.D. HOMEOWNERS'
ASSOCIATION
y Stoner, President
,7
The foregoing instrument was acknowledged before me this
VSr day of. %>i,gFc'rf , 1994, by Jay D. Stoner, President of
GreenStone P.U.D. Homeowners' Association.
Witness my hand and official seal.
My commission expires:
- 3 -