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HomeMy WebLinkAboutBIG HORN RIDGE - Filed DA-DEVELOPMENT AGREEMENT - 2008-06-02APR-27-2004 08:46 FROM- 11fl1�1,II 1F T-458 P.002 F-888 r ~ II�II�II I10l1111'9ri�lllllll l'll'III I��II 1 111011V000NTY Cv "T" 2004-0033277 �'�'00 PAGES - M ru $01.00 DOC $0.e0 N712217 DEVELOPMENT AGREEMENT FOR BIG HORN RIDGE SUBDIVISION AMENDED PLAT OF LOTS 1 AND 2 This Development Agreement is made this !± day of &J � 2004 between the Board of County Commissioners of Lorimer County, eolorado ("Couaty'); Redeemer Lutheran Church of Fort Collins, a Colorado nonprofit corporation (°'Developer"}; and the Big Howl Ridge Property Owners Association, Inc., a Colorado nonprofit corporation ("AssociatiOu D- W MAS, the County has approved, by Findings and Resolution recorded November 5, 2001 at Reception No. 2001099339 of the Lorimer County records, a petition for approval of a church and private school as special review uses on portions of an approximately 68.12-acre parcel of property in Lorimer County, Colorado (the "Special Review Approval'), with the remainder of such parcel reserved for future residential development; and WHEREAS, the County has approved, by Findings and Resolution recorded Jute 21, 2002 at Reception No. 2002066654 of the Lorimer County records, the preliminary plat of a three -lot subdivision of the 68.12-acre parcel known as the Big Horn Ridge Subdivision to allow for development of the approved special review uses on Lots 1 and 2 and future residential development on Lot 3, and the final plat of the Big Horn Ridge Subdivision was recorded March 18, 2004 at Reception No, 20040025137 of the Larimor County records (the preliminary and final approvals being collectively referred to herein as the "Subdivision Approval"); and WHEREAS, the County entered into a Development Agreement with Developer, as the owner and developer of the Big Hom Ridge Subdivision, on March 16, 2004, the terms of which prohibit development of the lots within the Big Horn Ridge Subdivision until submittal, review and approval by the County of a replat or amended plat of each -lot and execution of a development agreement with the County governing the terms and conditions of development of the replat or amended plat; and WHEREAS, Developer is the owner of the following described real property situated in Lorimer County, Colorado, to be referred to herein as the Property. Lots 1 and 2, Amended Plat of Lots 1 and 2, Big Hom Ridge Subdivision, Latimer County, Colorado; WKMEAS, County has approved the Amended Plat of Lots 1 and 2, Big Horn Ridge S bdivision b Findings and Resolution dated March 4, 2003 and recorded }� at Reception No.;2.Mli 0033-Z7=bf the Latimer County rec rds; and LCPP-127 411/04 Page 1 APR-27-2004 08:48 FROiI- T-458 P-011/031 F-393 improvements, erosion control facilities, and other site improvements constructed in connection with the development of the Property. All testing and quality control reports shall also be provided to County and must be submitted prior to final County approval. Developer shall provide to the particular service provider "as built" plans for all water facilities, sewer facilities, and utilities. All as-builts must be received and approved by the Engineering Department and/or the particular service provider before the Completion Date. Developer shall also provide to the City one (1) copy of "as built" plans prepared by a professional engineer for the Interim Carpenter Road Improvements before the Completion Date. All testing and quality control reports shall also be provided to City and must be submitted prior to final City acceptance of the Interim Carpenter Road Improvements. 18. Landscaping Improvements. All landscaping improvements required to be constructed or installed for development of the Property in accordance with the site and landscape plan approved by the County, and all other matters agreed to be performed as described in Exhibit "C" attached hereto and incorporated herein by this reference, including but not limited to plant materials, shall be installed, constructed or performed by Developer on or before the Completion Date. Completion of the landscaping improvements shall be certified stating that such improvements have been installed in substantial conformance with the final development plan documents. Building permits and/or certificates of occupancy shall not be subject to completion of the landscaping improvements; however, the final construction collateral for landscaping improvements will be released only upon the receipt of the certification of completion and inspection and approval of the landscaping improvements by the County. 19. Erosion Control. In order to protect the soil resource, Developer shall construct erosion control facilities at the commencement of construction. The construction and establishment of acceptable erosion control facilities shall be assured and installed by Developer and shall be included in the Public Improvements Opinion of Costs attached hereto and incorporated herein as Exhibit "A". Erosion control facilities must be installed and approved and the as-builts must be submitted and approved by the County before the Completion Date. 20. Fire Protection. All Ere protection measures and devices shall be installed in accordance with the requirements of the Loveland Fire Prevention Bureau. LCPP-127 4/1/04 Page 10 APR-27-2004 08:48 FROM- . T-460 P-012/031 F-393 21. Addressing. Developer agrees that individual addressing of the lots in the development is an important factor for identification and safety during constriction. Developer shall install street signs and temporary address signage prior to the issuance of any building permit. 22. Public Improvements Opinion of Costs and Guarantee of Improvements. Construction C IlateraL The Public Improvements Opinion of Costs, as prepared by a professional civil engineer licensed in the State of Colorado, detailing the costs of completing the remaining on -site improvements required in this Agreement, are shown on Exhibit 'W . Developer shall famish construction collateral to the County for the completion of the improvements in the form of a development loan agreement with a federal or state licensed financial institution. The purpose of the construction collateral provided by Developer is to guarantee that sufficient funds are available for the completion of the improvements described. The development loan agreement shall provide for at least the following: a. The loan agreement shall state that lender has agreed to loan Developer an amount equal to at least 115% of the estimated cost of constructing the improvements. In no event shall any amount of the development loan agreement be released or reduced without the express written consent of Larimer County; b. The loan agreement shall state that it is supplemental to this Development Agreement and shall be signed by County, Developer, Borrowcr (if other than Developer), and the lending institution; C. The loan agreement shall provide for payment of the loan proceeds upon demand by County if Developer has not performed the obligations specified in this Agreement, and the Iender has been notified of such default; d. Developer may draw from the development loan only if County approves such draws in advance; e. Lender shall guarantee that at all times the unroleased portion of the loan shall be equal to a minimum of 100% of the estimated costs of completing incomplete portions of the required improvements, based on inspections of the development by County, plus 15% of the estimated costs of constructing all of the improvements. In no event shall the disbursement for an improvement item exceed the cost estimates in this Development Agreement; LCPP-I27 4/1/04 Page 11 APR-27-2004 08:48 FR0t1- T-458 P.013/031 F-383 f. Fifteen percent of the total cost of the improvements amount cannot be drawn upon and will be available to County until released by County. This amount will be considered warranty collateral until its release upon submission of a Warranty Memorandum and Warranty Collateral in accordance with Paragraph 23, and may be applied in total or in part to any =provemcnt category, g. The date of proposed expiration of the development loan agreement shall be no earlier than 60 days after the date of expiration of the warranty collateral period but in no event shall the loan agreement expire until after the County has received 60 days written notice from the lender ofthe pending expiration. Said notice shall be sent by certified mail to the County Planning Director. Developer shall fully comply with County regulations and policies for requests for release of collateral. County's consent to release collateral shall not be considered an acceptance of improvements by County for maintenance purposes unless County specifically states otherwise in writing. Procedures for completion of improvements and disbursements to County from the collateral shall apply whether there are one or more defaults, or a succession defaults on the part of Developer in performing the terms, conditions and covenants contained in this Agreement. Landscape Collateral. The Landscaping bmprovements Opinion of Costs, detailing the costs of completing the landscaping improvements required in dais Agreement are shown on Exhibit "C" attached hereto and incorporated herein by this reference. Until landscape improvements are completed, the Developer shall provide collateral to the County in the form of a development loan agreement with a federal or state licensed financial institution for 25% over the 100% loan amount for landscape improvements. Upon completion of installation of the landscaping and Countyinspection and approval, Developer shall provide warranty collateral to the County in the form of an irrevocable letter of credit from a state or federally licensed financial institution on a form approved by County, or other suitable collateral guarantee by the landscape contractor, a bond or cash deposit by the Developer or the landscape contractor, or such other form of collateral acceptable to the County, in an amount equal to 25% of the "grow" items only to ensure their establishment. The warranty collateral shall be effective for one year. The warranty memorandum shall include this landscape warranty requirement. 23. Developer Guarantees and Warranty Collateral. Developer warrants and guarantees that ALL improvements required to be constructed pursuant to this Agreement, with the exception of the landscaping improvements, shall be free from defects in materials and/or workmanship and shall properly function for the purpose intended for a period of two years (the w=antyperiod). The two-year warranty period for all improvements shall LCPP-127 4/l/04 Page 12 APR-27-2004 08:48 FROM- T-458 P.014/031 F-999 commence on the date of final County approval of the last improvement constructed. Within thirty (30) days following County's approval of the last improvement constructed: a. County and Developer shall execute a Warranty Memorandum, 71te Warranty Memorandum shall specify (i) the date on which the two-year warraatyperiod commences, (ii) the type of warranty collateral to be posted by Developer, and (iii) the improvements which are subject to the warranty collateral. The Warranty Memorandum may allocate a dollar amount to each improvement. Developer aclmowledges and agrees, however, that the County may apply the warranty collateral allocated to a particular improvement to any other improvement or category of improvements. b. Developer shall post warranty collateral with the County in a form acceptable to the County. The warranty collateral shall be 15% of the costs of the improvements for which collateral must be posted and shall remain in effect during the entire two-year warranty collateral period. Developer shall correct, replace or repair any improvement discovered to be defective or faulty during the warranty period. Any required correction, repair or replacement shall be commenced within thirty (30) days of County's written notice advising Developer of the necessary work In the event Developer fails to make the necessary corrections, repairs, or replacements: a. County may use the warranty collateral to do the work to the extent of available Rinds. Nothing herein shall be construed to require County to complete the work in the event the warranty collateral funds are insufficient to finance the work. b. County and/or any Property owner may commence an action against Developer for specific performance or for money damages for costs of the necessary work; and/or pursue any other legal or equitable action against Developer. c. County may withhold building permits. The above remedies shall be cumulative and the election to pursue one shall not preclude the use of another. 24. Inspections. No construction shall commence without written approval of the County Development Review Construction Inspector in the form of a Development LCPP-127 411104 Page 13 APR-27-2004 00:40 FROM- T-461 P-013/031 F-393 Construction Permit. The issuance of this permit shall follow a pre -construction meeting scheduled by the County Development Review Construction Inspector. Developer shall supply to County Development Review Construction Inspector a schedule of construction and shall notify the County Devclopmcw Review Construction Inspector of commencement of construction. The Developer agrees to pay the fees associated with the Development Construction Permit: Field inspections of installations of improvements shall be performed by Developer's licensed professional engineers. Inspection reports shall be available for renew by County upon request. County shall 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. Developer shall cause such work to be corrected and brought into compliance within the time frame set by the County Engineer, and if not so corrected, the County Engineer may declare Developer in default of this Agreement. 25. Issuance of Building Permits. For purposes of this Agreement, 'Building Permit" shall mean any permit to begin work to construct a building on the Property, including permits for footings and foundations. The County agrees that it will issue a building permit for the church to be constructed on Lot 2 of the Development upon approval of the building construction plans by the Loveland Fire Protection Bureau and installation of an all weather access way as approved by the Loveland Fire Protection Bureau. Developer acknowledges and agrees that no additional permits for the Development shall be issued prior to the approval of this Agreement and, thereafter, shall only be issued as follows: a. Footing and Foundation Permits will be issued when all of the following items are complete: 1. Over lot grading is complete and the County Engineer has inspected and approved the grading. 2. Final grading of drainage easements and the installation of the storm water drainage system is complete and the County Engineer has inspected and approved the grading and installation. I Construction of the roadway sub -grade and installation of the aggregate base course, or other all-weather surface, for the roadway serving the pmj ect is completed and inspected and approved by the County Engineer, 4. Acceptable density tests for the sub -grade and utility trenches have been submitted to and approved by the County Engineer. 5. Street signs are properly installed at all intersections and have been inspected and approved by the County Engineer. LCPP-127 4/l/04 Page 14 APR-27-2004 08:49 FROM- - T-458 P.018/091 F-389 b. Full Building Permits will be issued when all of the following items are complete: 1. Roadway surfacing of plant mix bituminous base application is complete and the County Engineer has inspected and approved the surfacing. 2. Density tests for the applied material have been submitted to and approved by the County Engineer. 3. Public water and sewer systems are completely constructed and evidence of acceptance by the appropriate water, sewer and fire protection providers has been submitted to the County Engineer 4. Driveway culverts have been installed and the County Engineer has inspected and approved the culverts. The issuance of a building permit for the approved special review use on Lot 1 of the Development shall be subject to review and approval of a Site Plan pursuant to Section 6 of the Larimer County Land Use Code. County may restrict the issuance of future building permits or Certificates of Occupancy if construction is not in compliance with an approved schedule, to be agreed upon by Developer and County. Developer acknowledges that some or all of the lots in the development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat. If a structure is within 5' of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope prior to the approval of the footing and foundation inspection. This shall be accomplished by a written certification by a Colorado Licensed Surveyor (form available from the Latimer County Planning Department). If the structure requires a county Setback and Use Permit rather than a building permit, this surveyor's certification is also required. There is a Latimer County approved drainage plan for this development on file with the Larimer County Engineering Department. This plan details information containing horizontal and vertical placement of the structure, culvert size and location and overall site grading (if applicable). It is the responsibility of the lot owner/builder to ensure the drainage of the lot is consistent with this plan. This includes ensuring that the minimum opening elevation/top of foundation is within 2 inches of design elevation. It is also the responsibility of the lot owner to ensure that the installation and maintenance of landscaping and fences on the lots complies with. the County approved drainage plan. 26. Fees Developer shall pay to County at building permit issuance County and Regional Transportation Capital Expansion Fees, Community and Drainage Fees. The fees shall be the amount in effect at the time of building permit Issuance_ Developer LCPP-127 4/l/04 Page 15 APR-27-2004 08:49 FROM- T-469 P.017/031 F-393 acknowledges and agrees that such fees are roughly proportional to impacts created by this Development. Developer shall also pay any other applicable legislatively formulated and duly adopted fees which are in effect and required to be paid at the time of building permit issuance provided such fees are imposed on a broad class of property owners. 27. Maintenance of Improvements and Common Areas a. During the two-year warranty period, Developer shall be solely responsible to maintain, repair and replace any and all improvements in the development (including but not limited to roads, bridges, curbs, gutters, sidewalks, drainage facilities, sewer systems, utilities, landscaping) and common areas. Upon expiration of the two-year warranty period, the property owners, either individually or through the Association, shall be solely responsible for such maintenance, repairs and replacements. County shall have no liability or obligation for such maintenance, repairs or replacements. b. The Association shall set and collect dues and assessments from Property owners in an amount sufficient to carry out its maintenance responsibilities. C. In the event the County determines that the responsible entity/person(s) has failed to adequately maintain the improvements or common areas, County shall so notify the responsible entity/person(s) in writing. Such notice shall specifically state the manner in which the entity/person(s) has failed to maintain the improvements or common areas and the steps that must be taken to come into compliance. The notice shall include a demand that such deficiencies in maintenance be cured within thirty (30) days of the date of the notice and shall also state the time and place of a hearing before the Board of County Commissioners, which shall be held within fifteen (15) days of the notice. At such hearing, the County may modify the terms of its original notice as to the deficiencies, and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice, or in the modifications thereof, are not cured within said thirty days or any extension thereof, the County, in order to preserve the taxable values of the property contained within the development, and to prevent the improvements or common areas from becoming a public nuisance and public liability, may undertake to maintain the same for a period of at least one year. Before expiration of the maintenance period, the County, upon its initiative or upon the written request of the responsible entity/person(s) may call a public hearing before the Board of County Commissioners upon notice to such responsible entity/person(s) and to the Property owners. At the hearing, the responsible entity/person(s) shall show cause why maintenance by the County LCPP.127 4/1/04 Page 16 APR-27-2004 08048 FRO* 7-458 P.018/031 F-383 shalt not, at the election of the County continue for an additional set period. If the Board determines that the responsible entity/person(s) is ready and able to maintain the improvements or common areas, the County shall cease to maintain the improvements or common areas. If the Board determines the responsible entity/persou(s) is not ready and able to maintain the improvements or common areas, the County may, in its discretion, continue such maintenance for a succeeding set period subject to a similar hearing and determination prior to the expiration of such period. The cost of such maintenance by the County and the costs of enforcement incurred by the County, including but not limited to monitoring, inspections, and legal fees, shall be paid by the owners of the Property that have a right to etpoyment or use of the improvements involved or the common areas. Any unpaid costs shall become a lien upon said properties. The County shall file a notice of such lien in the office of the County Clerk and recorder upon the properties affected by such lien and shall certify such unpaid costs to the County Treasurer for collection, enforcement and remittance in the manner and with the same priority as provided by law for the collection, enforcement and remittance of general property taxes. 28. Declaration of Covenants, Conditions and Restrictions. Developer and Association certify that Sections 6 through 13, and Section 18 of the Declaration of Covenants, Conditions and Restrictions for the Big Hom Ridge Subdivision provide for a regular maintenance program and adequate funding for maintenance, repairs and replacements of improvements ('including roads, bridges, curbs, gutters, sidewalks, drainage facilities, landscaping) and common areas and means of enforcement; continuous safety inspections and immediate follow-up maintenance to correct unsafe conditions; the receiving and processing of complaints. Developer and Association agree that the Association shall not be dissolved without the written consent of the Board of County Commissioners of Larimer County and certify that the Bylaws and Section 5 of the Declaration of Covenants, Conditions and Restrictions includes this prohibition. 29. Liability/Indemnity. County's review and approval of any plans, reports, or drawings or County's inspection and approval of any improvements constructed by Developer under this Agreement does not constitute a representation, warranty, or guarantee by County that such improvements are free from defects or will operate adequately for the purpose intended. Current and successor owners of the Property assume responsibility for all maintenance, repairs, or replacements of improvements, including, but not limited to roads, bridges, curbs, gutters, sidewalks, drainage facilities, sewer systems, utilities, landscaping and common areas. LCPP-127 4IM4 Page 17 APR-27-2004 08:40 FROM- T-458 P.019/031 F-393 Developer agrees to indemnify and hold County, its officers, employees and assigas barmless from and against all claims, costs and liabilities of every load and nature, for injury or damage received or sustained by any person or entity in connection with, or on account of the performance, condition or quality of work at the development of the property pursuant to this Agreement including any damage sustained by down stream properties which are caused by the Developer's failure to maintain the on-sitc retcntion/detention facility. Developer firrther agrees to aid and defend County in the event County is named as a defendant in an action concerning the performance, condition or quality of work pursuant to this Agreement, except where such suit is brought by Developer against County. Developer acknowledges it is not an agent or employee of County. Nothing in this Agreement shall be construed as a waiver, either express or implied, of the immunities, rights, benefits, and protections afforded County under the Colorado Governmental Immunity Act. 30. Default/Remedies/Enforcement. Upon default of the provisions of this Agreement, the patties agree that this Agreement may be specifically enforced by any party or any party may proceed in any other manner authorized by law for a breach of contract. In addition, the County may: a. Demand payment under the development loan agreement and use the proceeds to complete the improvements specified herein with or without public letting as it may deem advisable. In the event the collateral is insufficient to complete the improvements, County shall be entitled to payment of such excess in any way permitted by law. Nothing herein shall be construed as requiring County to complete all of the improvements specified herein in the event the proceeds of such development Ioan are insufficient to finance all the improvements. b. Issue a written notice to Developer to appear and show cause why the subdivision shall not be vacated. Giving notice shall be deemed complete upon mailing same certified mail to the address stated herein. The notice shall designate the date, time and place the Board of County Commissioners will conduct a heating to consider vacation of the plat. The 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 descn'hed in the Larimer County Land Use Code or State Statutes for a violation of the State or local subdivision regulations. d. Withhold building permits. The remedies set forth herein am cumulative and the election to use one shall not preclude use of another. 1.CPP-127 4/1/04 Page 19 APR-2T-2004 08:49 FROM- T-468 P.020/031 F-303 In the event of default by Developer or Association, Developer and Association agree to pay all expenses incurred by County occasioned by said default, including, but not limited to, a reasonable attorney s fees in enforcing this Agreement. 31. Applicability of Other Regulations and Conditions. Ibis Agreement and the terms, conditions and covenants contained herein shall be deemed to complement and shall be in addition to the conditions and requirement of the Larimer County Land Use Code and other applicable laws, rules and regulations, notwithstanding anything contained or referred to the contrary. 32. Periodic Reviews. County may conduct periodic reviews of the status of the development as appropriate to monitor and enforce tho terms of this Agreement. 33. Binding Effect of Agreement. This Agreement is intended to provide for the orderly construction and maintenance of structures and other improvements on The Property. This Agreement shall be a servitude turning with the Property. Those owners of the Property or any portion of the Property who obtain title subsequent to the date of this Agreement, their heirs, successors, assigns or transferees, and persons holding under Developer shall comply with the terms hereof. If the Property becomes included within the boundaries of any city or town, the County's rights under this Agreement shall automatically pass to the governing body of the city or town and the successor town or city may enforce this Agreement against such subsequent owners and those holding under them. In the event Developer transfers title to the Property and is thereby divested of all equitable and legal interest in the Property, Developer shall be released from liability under this Agreement with respect to any breach of the terms and conditions of this Agreement occurring a$er the date of any such transfer of interest. In such event, the succeeding property owner(&) shall be bound by the terms of this Agreement. 34. Notations and Recordation. Developer shall note on the final subdivision plat, as a plat note, and in a disclosure statement the existence of this Agreement by reference to Reception Number and Film Number as recorded by the Larimer County Clerk and Recorder. Developer shall note on the final subdivision plat and in the disclosure notice the entity/person(s) responsiblo for maintenance of the improvements, landscaping and common areas. Developer shall file for recording with the Larimer County Clerk and Recorder, this Agreement and any deeds and/or other LCPP-127 41M Page 19 APR-27-2004 08:48 FR0M- T-458 P.003 F-393 WHEREAS, Developer has submitted a final plat for the Amended Plat of Lots 1 and 2, Big Horn Ridge Subdivision to the County for approval, execution and recordation; and WHEREAS, Developer desires to develop the Property in a single phase using a defined set of improvements; and WHEREAS, County has considered the final plat, the proposed development and improvements to the Property, and the requirements to be imposed upon the Property by reason of the proposed development and improvement of the Property included in the final plat; and WHEREAS, County is willing to approve, execute and accept for recordation the final plat upon the agreement of Developer and Association to the matters described in this Agreement; and WHEREAS, County, Developer and Association mutually acknowledge and agree that the matters described in this Agreement are reasonable conditions and requirements to be imposed by County in connection with its approval, execution and acceptance fbr recordation of the final plat, and that such matters are necessary to protect, promote and enhance the general welfare. NOW, THEREFORE, in consideration afthe premises, the mutual covenants herein contained and the approval, execution and acceptance of the final plat for recordation by the County, the parties agree as follows. 1. Title of the Development. The title of the development is the Amended Plat of Lots 1 and 2, Big Horn Ridge Subdivision (the "Development'). 2. Description of Development and Uses. Consistent with the Special Review Approval, Lot 1 (20.64 acres) is to be developed as a private school site and Lot 2 (17.09 acres) is to be developed as a church site. All buildings on Lots 1 and 2 shall be located within defined building envelopes, with the remaining portions of Lots 1 and 2 and Outlots A (1.13 acres) and B (.96 acre) reserved for open space, access, drainage and utility easements. 3. Residual Land Restrictions. There is no residual land in the Development. 4. Conditions of Approval. Developer has complied with all conditions of approval. LCPP-127 411l04 Page 2 APR-27-2004 08:50 FROM- T-450 P.021/031 F-393 documents required as part of the final p [at approval of this development by the Board of County Commissioners. 35. Subordination. Developer shall cause all lenders, lienholders or other persons or entities who have any interest in the Property to subordinate thew interest to this Agreement. 36. Conflict with Other Documents. In the event of a conflict between the terms or conditions of this Agreement and the Declaration of Covenants, Plat Notes, Disclosure Notice, or Findings and Resolution, this Agreement shall control. 37. Severabflfty, If any part, terms, or provision of this Agreement is held by a court to be illegal or otherwise unenforceable, such illegality or unenforceability will not affect the validity of any other part, terms, or provision and the rights of the parties will be construed as if the part, terms, or provision was never part of this Agreement. 38. Amendment This Agreement may be amended by mutual consent of the County and 75% of the Property owners based on one (1) vote per lot, provided such amendment is in writing. 39, Controlling Law. This Agreement shall be governed by the laws of the State of Colorado. LA U3MR COUNTY: Board of County Commissioners of Larimer County, Colorado %i /wit r y.l --�Meputy Clerk to —the Board LCPP-127 4/1/04 Page 20 APR-2T-2004 08:50 FROM- T-458 P.922/831 F-393 OWNER/DEVELOPER: REDEEMER LUTHERAN CHURCH OF FORT COLLINS, A Colorado nonprofit corporation, By.-- Barry Alcom, Presiden By: Irvan D. Christy, Jr., Vi resident ATTEST Kay A. aempfe, Secretary STATE OF COLORADO) COUNTY OF LARIMER) Acknowledged before me this a? day of I�n . r 1- 2004 by Barry A, Alcom as President, Irvan D. Christy, Jr. as Vice President and Kay A. Kaempfe as Secretary of Redeemer Lutheran Church of Fort Collins, a Colorado nonprofit corporation. Witness my hand and officral seal. My Commission expires: ��- ASSOCIATION: Big Horn Ridge Property Owners Association, Inc., A Colorado nonprofit corporation LCPP-127 1126104 Page 22 APR-27-2004 08:50 FROM T-458 P.029/031 F-383 By. Barry A. Alcorn, president ATTEST Ka empfe, ecreta STATE OF COLOR -ADO) COUNTY OF LARIMER) Acknowledged before me this ay Alcorn as President and Kay A. Kaempfe atiFSccret 2004 by Barry A. Owners Association, Inc. of the $i. Horn Ridge Property Ncitary Public Witness my hand and official seal, My Commission expires: LCPP-127 1126A14 Pagc ?3 APR-2T-2004 02:50 FROM- T-458 P.024/031 F-393 My Commission expires: LIENSOLDER: Lutheran Church Extension Fund, A Missouri non-profit corporation ATTEST: Brenda J. (VA ckeams aae st-n . , Secretary STATE OF MISSOURI ) COUNTY OF Sm LOUIS ) Acknowledged before me this 29en day of march - . 2004 by Carolgrn Schiimpert as Vice Prasidont-LoanC and Brenda J. Vickers as Secretary of the Lutheran Church Extensiq =rz- ssouri non-profit corporation Ass;siarrt i Notary Public Witness my hand and official seal. iMMt3A A UEiiM Pubic - try Sad itcoo of MbIO&A Frantlln County W =rmWon &Vrn Mcy 21, 2004 ■l'!�T'^� .. LCPP-127 3/2"4 Page 23 APR-27-2004 08:50 FROM- T-458 P.025/031 F-303 EXHIBIT TT 1 :� I �WyUVUV�N�}W 9�WUaa�a� � R $ c � a 67ea�o5y y�o1 o e e 6 APR-27-2004 00:50 FROM - T-453 P.021/031 F-393 EXHIBIT w«w aaLL��S�`�'��J��S`�` ww� 2 � P? `3�«8330���� -9 %� MCI s 40CL C CL �i �,g�0.0.6Y. A. �p p !! U U APR-27-2004 08:50 I IN"!2 T-458 P.027/031 F-383 I a eti n pq N M N EXHIBIT 3 p 0 L;1 APR-2T-2004 08:50 FROM- T-458 P.028/031 F-383 BXFIBIT A APR-27-2004 00:51 FR014- Mr. Matt Baker 281 No. College Ave. P.O. Box 580 Re, Street Over shing Project No. 0799-025 Dear Matt, EXHIBIT v 1 Z T-458 P.020/031 F-303 June 26, 2003 I am submitting this letter for your review concerning the street over sizing in conjunction with the Big Horn development as It relates to Carpenter Road Ultimate Design and Construction. As we had talked In your office I have modified the grand total due for consideration of the pavement that the Big Horn Development Is Installing as part of the interim Improvements to Carpenter Rd. As discussed, that pavement will be built to City of Fort Collins standards, which Include the 'Flyeshing" of the interim area. I have calculated that the ultimate pavement width that the Developer would be libel for would be 2,515.46sy (13'•17079). The amount that the developer is paving under the interim improvements is 1.847.75sy for a difference of 667.71 sy. Dividing that out of the spreadsheet prepared by your office that reduces the pavement number down to $14,044.25 and the flyash number down to $3,590.15. 1 have also enclosed copies of the unit cost on a couple of different items that we were'not in agreement on. That being the price of the curb & gutter, which on your spreadsheet Is at $9.45 per foot, where as our contractor's price is $7.50 per foot. Also the only inlet on that project is an area Inlet on the far west side, which again your spreadsheet shows $3,400.00 and our contractor's price is $1,450.00. The only other item that is in error on the spreadsheet Is the calculation on the Bonding number. Instead of $17,822.12, It should be $1.783.00. 1 have enclosed a modified spread sheet showing what we feel is a more accurate number. The only other number that we would like you to consider would be the 60% of the design cost for the ultimate design of Carpenter Rd., which is $22.071.00. This number is 60% of the design cost of $36,795.00. After reviewing the enclosed please give me a call and we would be more than happy to go over any of these numbers. Very Truly Yours, TST, INC. CONSULTING ENGINEERS c a A �rakrqjectManager RAD/sjk Enclosures Cc: Michele Noel Alilance Construction Solutions Chuck Pieper Cvnaulling Cnglaaaro p^a comm. co Basal (9M 22d4W . Mein (303) 094103 Fax (7'M) =6.0204 Emao In6o®4tdnc.cam mmatin0.eom APR-2T-2004 08:51 FAN- T-458 P.030/031 F-393 v EXHIBIT Surveying 7000.00 nand $ 17,822,12 Stdpinrg & Signing $ 51000,00 Mobill2ation $ 8,911,06 ir93friC Control $ 10,000,00 qfF . AL = ,9 4.41 'D� s•,�n �.�... � 3t°�^Sq g.C1D X CaD% Gf.rc.,Q `To A' k I Z,945.0CD ?,-S ff-1.3 3 n, b -T 3. 53 4 i bl. lq 14, o44.05 31Boo. S3 3, 4 5z.o,.n j) BQ7.&u 941 614.00 j b, 29o.e o 1 � ysaao n1�n '7,o Oa o0 IJ-1 12 +3, 000.o a l pl DOQO� S 5 cq�14� 3 APR-2T-2004 08:48 FROM- T-458 P.004 F-393 5. MineralInterests, The Property is subject to mineral interests reserved by instruments recorded in the office of the L rimer County Clerk and Recorder at the following reception numbers: Book 29. Page 470 and Book 1236, Page 354. 6. Water Rights and Water Interests. Developer owns all water rights associated with the Property, 7. Improvements. Developer shall design, construct and install at its own expense all infrastructure improvements, including but not limited to streets, curbs, gutters, sidewalks, landscaping, utilities, drainage facilities, water and sewer facilities, flood protection devices and other improvements shown on the final plat or in the supporting documents, in accordance with the plans and specifications, as prepared by Developer's licensed engineers and professionals, and approved by County and the City of Port Collins (the "City', when City approval is required by applicable County land use regulations. Developer shall also construct and install at its own expense the Interim Carpenter Road improvements in accordance with Paragraph 12.B. All construction shall be performed in a good and workmanlike manner and in accordance with applicable standards, rules and regulations governing such construction. 8. Completion Date. All improvements required to be constructed or installed for development of the Property, and all other matters agreed to be performed, with the exception of the landscaping improvements to be installed pursuant the Paragraph 18 of this Agreement, shall be installed, constructed or performed by Developer on or before June 30, 2005 ("Completion Date"). 9. Water Supply. Developer shall obtain water service from the Fort Collins -Loveland Water District Developer shall install the water system improvements necessary to service the Property in the manner provided on the approved utility plans. The water supply system shall be subject to inspection by the Fort Collins -Loveland Water District during construction. Developer shall submit a letter of acceptance from the Fort Collins -Loveland Water District for the maintenance and responsibility of all water supply improvements prior to the Completion Date as stated in Section 8. LCPP-127 4/1/D4 Page 3 APR-27-2004 08:51 FROM- f- T-458 P-031/031 F-393 \j] p((NIBIT ■ v r APR-27-2004 08:48 FROM- . T-488 P.008/031 F-303 10. Sewage. Developer shall obtain sewer service from the South Fort Collins Sanitation District All sewer lines required for the Property shall be constructed in accordance with the requirements of the South Fort Collins Sanitation District and as reflected on approved utility plans. The sewer mains and supply service lines shall be subject to inspection by the South Fort Collins Sanitation District during construction. Developer shall submit a letter of acceptance from the South Fort Collins Sanitation District for maintenance and responsibility of all sewer improvements prior to the Completion Date as stated in Section 8. 11. Trenches. Tronches for sanitary sewer and water, storm sewer lines, and utilities shall be compacted in accordance with specifications defined by County or the water, sewer, and utility service provider. Developer will test trench compaction while work is in progress. A sufficient number of tests shall be made to insure adequate compaction. The test results shall be certified by the soils laboratory and maintained on file at the site by Developer for review by County personnel. In the event adequate compaction testing is not provided, County may order such testing and Developer shall reimburse County for all such costs of testing. No release of the final construction collateral or release of completed improvements shall be made until successful compaction tests are received. Compaction tests must be received and approved by the Engineering Department before the Completion Date. 12. Roads. Developer obtained a temporary Development Construction permit from the County on April 8, 2003 and obtained all access or utility permits required prior to the start of construction of the road improvements. Upon recordation of the final subdivision plat for this Development and submission of the construction collateral in accordance with Paragraph 22, the temporary Development Construction Permit shall be converted to a fall Development Construction Permit. A. On -site Road Improvements. Prior to issuance of the certificate of occupancy for the church to be constructed on Lot 2, Developer shall construct all on -site road improvements and install all traffic safety devices as shown on the final plat and in the supporting documents for the Development in accordance with the plans and specifications, as prepared by 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 constructions drawings. Prior to recordation of the final subdivision plat for this Development, Developer shall fiunish construction collateral to the County in accordance with Paragraph 22 to guarantee that sufficient funds are available for completion of the on -site road improvements listed on Exhibit A. LCPP-127 411/04 Page 4 APR-27-2004 08:47 FROM- T-458 P.000/031 F-323 Completion of the on -site road improvements shall not be required prior to the issuance of building permits if the Developer provides adequate fire protection and an all weather accessway to the Development during all phases of construction as approved by the Loveland Fire Protection Bureau. Developer shall submit the following items to the County to request the final release of completed on -site road improvements by the County: (1) A sigted and stamped statement must be submitted from a professional civil engineer registered in Colorado that the road improvements have been completed in substantial compliance with approved plans and the Latimer County Urban Area Street Standards, and that the documenting engineer or his representative have made regular outside on -site inspections during the course of construction and the field plans used are the same as those approved by the County. Copies of all on -site inspection reports performed by the documenting engineer or his representative must be submitted as well. (2) Test results must be submitted for all phases of the development as per the Latimer County Urban Area Street Standards for minimum materials sampling, testing and inspection and as required by the County Engineer. (3) One (1) copy of the "as built" on -site road improvement plans must be submitted at the time Developer requests a release of collateral. All deviations from approved plans must be listed and shown on the "as built" plans. No release of the final constriction collateral for the on -site road improvements shall be made until the above listed 'items have been submitted. All items listed above must be received and approved by the Engineering Department before the Completion Date. B. Interim Cementer Road Improvements, prior to the issuance of the certificate of occupancy for the church to be constructed on Lot 2, Developer shall construct interim improvements to Carpenter Road adjacent to this Development in accordance with Sheet 26 of the approved utility plans entitled "Interim Carpenter Road Plan and Profile", as prepared by the Developer's licensed engineers and professionals, and approved by the City and County Engineers (the "Interim Carpenter Road Improvements"). All construction shall be in accordance with the approved construction drawings and the Larimer County Urban Area Street Standards ("LCUASS'�. In the event of a conflict between the approved construction drawings and LCUASS, the approved construction drawings shall govern. Prior to commencement of construction of the Interim Carpenter Improvements, Developer deposited with the City a letter of credit, in a form and amount acceptable to the City, to guarantee completion of the construction and the LCPP-127 4/1/04 Page 5 APR-27-2004 08:47 FROM- T-458 P.00T/031 F-903 maintenance and repair of the Interim Carpenter Road Improvements in accordance with Section 3.3.2(1) through (3) of the City Land Use Code. Completion of the Interim Carpenter Road Improvements shall not be required prior to the issuance of building permits if the Developer provides adequate fire protection and an all weather accessway to the Development during all phases of construction as approved by the Loveland Fire Protection Bureau. C. I l gmate C@M mtc_r Road TT.,, rovements. In view of the City's desire to improve Carpenter Road as a capital project, which capital project is anticipated to include that portion of Carpenter Road adjacent to this Development and Lot 3 of the Big Horn Ridge Subdivision, Developer shall take the following actions in compliance with the conditions of the Subdivision Approval and in lieu of any Developer obligation to construct the Ultimate Carpenter Road Improvements: (1) Prior to recordation of the dual subdivision plat for this Development, the Developer shall provide evidence to the County of its payment to the City of a sum equal to the estimated cost to construct one-half of the local street portion of Carpenter Road and the estimated cost to construct the storm water drain pipe along the south side of Carpenter Road 4acent to this Development and Lot 3 of the Big Horn Ridge Subdivision, which amounts shall be based upon approved cost estimates attached hereto as Exhibit `B" and shall be used only for construction of the Tntimate Carpenter Road Improvements as described below; and (2) Prior to the Completion Date (i) prepare a design for improvements to Carpenter Road adjacent to this Development and Lot 3 of the Big Mom Ridge Subdivision to four lane arterial standards including curbs, gutters, sidewalks and the storm water drain pipe along the south side of Carpenter Road; (H) prepare a preliminary design for improvements to Carpenter Road extending one thousand (1000) feet east and west of this Development and Lot 3 of the Big Horn Ridge Subdivision to ensure appropriate transitions to the existing improvements (the improvements described in (i) and (ii) above to be hereafter referred to as the "ultimate Carpenter Road Improvements'); and (iii) obtain the City's signature of approval on the mylars therefor, based upon the design for the Ultimate Carpenter Road Improvements, which approval shall not be unreasonably withheld. The Ultimate Carpenter Road Improvements shall be designed in accordance with the LCUASS, Developer's compliance with the requirements of paragraphs 12.C.(1) and (2) above shall fulfill all of the Developer's obligations in connection with the Ultimate Carpenter Road Improvcments for this Development and for Lot 3 of the Big Hom Ridge Subdivision. LCPP-127 4/1/04 Page 6 APR-27-2004 08:47 FRW- T-451 P.008/031 F-393 13. Storm Drainage Improvements Developer obtained a temporary Development Construction Permit from the County on April 8, 2003 and obtained any required access or utility permits prior to the start of construction of any storm drainage improvements, either public or private. Upon recordation of the final subdivision plat for this Development and submission of the construction collateral in accordance with Paragraph 22, the temporary Development Construction Permit shall be converted to a full Development Construction Permit. Developer shall construct all storm drainage improvements as shown on the Final Plat and in the supporting documents for the Development, in accordance with applicable County standards and the approved plans, specifications and construction drawings, as prepared by Developer's licensed engineers and professionals, and approved by the County Engineer. Such storm drainage improvements shall consist of the following: A. Interim Storm Dainage lmgmvements, prior to issuance of the certificate of occupancy for the church building on Lot 2 of the Development, Developer shall (i) construct on -site storm drainage retention facilities with sufficient capacity to accommodate storm water flows from Lot 2 of the Development in its developed condition and historic flows from Lot 1 of the Development and Lot 3 of the Big Horn Ridge Subdivision at the rate of two times the 100-year storm event ("Retention Facilities") in accordance wi th Sheet 3 of the utility plans for the Development entitled "Overall Grading and Brosion Control Plan" approved by the County on April 5, 2003; (ii) install all outfall structures associated with the Retention Facilities; (iii) begin preparation of all necessary reports and studies required by the City of Fort Collins Natural Area Easement policy for making application for an easement for the conveyance of developed storm water flows from the Development and Lot 3 of the Big Horn Ridge Subdivision (the "Natural Area Essemeue ); and (iv) flunish additional construction collateral to the County in accordance with Exhibit "A" of this Agreement in order to guarantee that sufficient funds are available for completion of the Permanent Storm Drainage Improvements as required by either Subparagraph 13(B)(i) or 13(B)(ii) hereinbelow. B. Permanent Sto= Drainage Im royementg. Thereafter, and prior to the issuance of a certificate of occupancy for any structure on Lot T of the Development or on Lot 3 of the Big Horn Ridge Subdivision, the Developer shall in its sole discretion either (i) obtain approval of the Natural Area Easement by the City Council of the City of Fort Collins with terms and conditions acceptable to the Developer and modify the constructed Retention Facilities as required by the terms of the Natural Area Easement; or (ii) convert the constructed Retention Facilities to retention facilities with sufficient capacity to accommodate developed storm water flows from the Development and Lot 3 of the Rig 11om Midge Subdivision equal to two times the 100-year storm event in accordance LCPP-127 4/r/04 Page 7 APR-27-2004 09:47 FROM- T-458 P.009/031 F-393 with Sheet 5 of the utility plans for the Development entitled "Overall Grading andErosion rosion Control Plan" approved by the County on August 7, 2003. The Developer's compliance with the requirements of either Subparagraph 13(B)(i) or 13(B)(ii) above shall fulfill the Developers obligation to provide Permanent Storm Drainage improvements for this Development and for Lot 3 of the Big Hom Ridge Subdivision In the event that the Developer fulfills its Obligation pursuant to Subparagraph 13(B)(ii) and the City, within the thirty (30) year period following approval of this Agreement and at no cost to the Developer, permits developed storm drainage flows from this Development and Lot 3 of the Big Horn Ridge Subdivision to be conveyed over and across a natural area managed by the City, and adequate facilities exist to accommodate such flows, the Doveloper agrees to convert the Retention Facilities to detention facilities at its sole expense, and to route the developed storm drainage flows from the Big Hom Ridge Subdivision through such off -site facilities. Developer &hall submit the following items to request the final release of the completed Interim Storm Drainage Improvements constructed pursuant to Subparagraph 13(A)(i) and to request final release of completed Permanent Storm Drainage Improvements constructed pursuant to Subparagraph 13(B)(i) or 13(B)(ii): a. A signed and stamped statement must be submitted from a professional civil engineer registered in Colorado that the storm drainage improvements have been completed in substantial compliance with approved plans and the Larimer County Storm Water Management Manual, and that the documenting engineer or his representative have made regular outside on -site inspections during the course of construction and the field plans used are the same as those approved by the County. Copies of all on -site inspection reports performed by the documenting engineer or his representative must be submitted as well. b. Test results must be submitted for all phases of the development as per the Latimer County Storm Water Management Manual for minimum materials sampling, testing and inspection and as required by the County Engineer. C. One (1) copies of the "as built" storm drainage improvements plans must be submitted at the time Developer requests a release of collateral. All deviations from approved plans must be listed and shown on the "as built" plans. All items listed above must be received and approved by the Engineering Department before the completion date. Developer and all subsequent owners shall be prohibited from constructing or storing anything in any drainage easement or in any way disrupting or changing LCPP-127 4/1/04 Page 8 APR-2T-2004 03:47 FROM- T-453 P-010/091 F-393 the drainage pattern as designed and installed on the Property per the County approved storm water drainage plan. Developer certifies that this prohibition has also been included in Section 16 of the Declaration of Covenants, Conditions and Restrictions for the Big Rom Ridge Subdivision. There is a Latimer County approved drainage plan for this development on file with the Latimer County Engineering Department. This plan details information containing horizontal and vertical placement of the structure, culvert size and location and overall site grading (if applicable). It is the responsibility of the lot ownerfbuilder to ensure the drainage of the lot is consistent with this plan. This includes ensuring that the minimum opening elevation/top of foundation is within 2 inches of design elevation. It is also the responsibility of the lot owner to ensure that the installation and maintenance of landscaping and fences on the lots complies with the County approved drainage plan. 14. Public Service —Natural Gas Developer shall obtain natural gas service from Public Service Company of Colorado. Developer shall construct improvements as required by Public Service Company of Colorado to supply the Property with natural gas utility service. Improvements shall be in accordance with Public Service of Colorado specifications. In no event, however, shall County be responsible for the inspection and/or acceptance of natural gas utility improvements to the Property. 15. Electric. Developer shall obtain electric service from the Poudre Valley Rural Electric Association, Developer shall construct improvements as required by the Poudre Valley Rural Electric Association to supply the Property with electric utility service. Improvements shall be in accordance with the Poudre Valley Rural Electric Association's specifications. In no event, however, shall County be responsible for the inspection and/or acceptance of electric utility improvements to the Property. 16. Telephone and Cable. Developer shall obtain telephone and communication utilities from Qwest Communications. Developer shall construct improvements as required by Qwest Communications to supply the Property with adequate telephone and cormunication utilities. lmprovements shall be made in accordance with Qwest Commumciations' specifications. In no event, however, shall County be responsible for the inspection and/or acceptance of telephone and/or communications cable improvements to the Property. 17. "As Built" Plans. Developer shall provide to County one (1) copy of "as built" plans prepared by a professlonal engineer for all drainage structures and faeilitiee, on-eito road LCPP-iz7 4/1/04 Page 9