HomeMy WebLinkAboutSTETSON CREEK PUD - Filed OA-OTHER AGREEMENTS - 2002-11-08ll210218
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, WILLIAM J. SLIMAR, on the 12th day of September,
1994, executed a certain Deed of Easement to the City of Fort
Collins for the installation of storm drainage improvements, which
i
easement covers land in Larimer County, Colorado, described on
Pxhibit "A" attached.
NOW THEREFORE, COMMERCIAL FEDERAL MORTGAGE CORPORATION, the
Holders and owners of a Deed of Trust recorded at Reception
1
92072112 in the Larimer County, Colorado Recorder's Office, for a
valuable consideration, their receipt of which is hereby
cknowledged, hereby consents to the terms and provisions of said
asement aforesaid without, however, joining in any of the
warranties, guarantees or indemnities contained therein, and agree
that the subject Deed of Trust shall be subordinate to such
easement in
it
of foreclosure thereof.
�yCMPDRA'£����
:z
SEAT P
ATTEST: ��, ,....
Ce
Tiitle:—Asst. Secretary
Carlene Berg
SATE OF NE
COUNTY OF Douglas ss
COMMERCIAL FEDERAL MORTGAGE
CORPORATION ,
MI' k
Bj}. r
Title: Vi resident,
TaaKQM. Manzer�
The foregoing instrument was acknowledged before me this 23rd
iay of Sa t m er , 1994 , by Tammy M. Manzer
as 31;rEi President �, and _Carlene Berg as
-iys s* secrp�_ of Commercial Federal Mortgage corporation.
Witness my hand and official seal.
My Commission expires:
GEA:Mycmm.
l NOTARY-Stne of M kab I f ,� .
ELLENL.BRYANT Notary Public
EX9. July U,19"
Gj c ,-)i (rllal<U
EXHIBIT "B" (CONTINUED)
STETSON CREEK DEVELOPER REPAY
OFF -SITE CONSTRUCTION COSTS
ITEM
UNITS
QUANTITY
UNIT COST
TOTAL COST
EASEMENT ACQUISITION
LS
1
$6000.00
$6000.00
REMOVE TOPSOIL &
STOCKPILE
CY
505
$0.65
$328.25
CHANNEL EXCAVATION
CY
1215
$0.85
$1,032.75
CHANNEL EMBANKMENT
CY
50
$0.55
$27.50
PLACE TOPSOIL
CY
505
$0.75
$378.75
CHANNEL SEEDING &
MULCHING
AC
0.6
$800.00
$480.00
EROSION CONTROL
LS
1
$250.00
$250.00
CLASS 12 RIPRAP FOR
TRICKLE CHANNEL
CY
49
$45.00
$2,205.00
REMOVE AND RELOCATE
FENCE
LS
1
$200.00
$200.00
TEMPORARY IRRIGATION
SYSTEM, SETUP/REMOVE
LS
1
$3057.00
3057.00
WINTERIZATION
EA
2
$50.00
$100.00
MONITORING SYSTEM,
TWICE PER MONTH
MONTH
14
$100.00
$1400.00
MOW FOUR TIMES PER YEAR
EA
8
$75.00
$600.00
FERTILIZATION
EA
2
$75.00
$150.00
BROADLEAF WEED SPRAYING
EA
2
$75.00
$150.00
IRRIGATION STARTUP
EA
2
$75.00
$150.00
SUBTOTAL
$16,509.25
LEGALS (So)
$825.00
CONSTRUCTION MANG. (5%)
$825.00
CONTINGENCY (100)
$1650.00
ENGINEERING COSTS;
$6,495.00
TOTAL
$26,304.25
EXHIBIT "B" (CONTINUED)
Total estimated costs for Storm Drainage Improvements
eligible for Credit of City Repayment = $39,948.75
Prepared by: Lincoln H. Mueller, Jr., P.E. Title: Capital Projects Manager
Address: City of Fort Collins
Stormwater Utility
325 Mathews
Fort Collins, Colorado 80522
A. The terms of this Agreement shall govern all development
activities of the Developer pertaining to the Property. For the
purposes of this Agreement, "development activities" shall include,
but not be limited to, the following: (1) The actual construction
of improvements, (2) Obtaining a building permit therefor, or (3)
Any change in grade, contour or appearance of said property caused
by, or on behalf of, the Developer with the intent to construct
improvements thereon.
B. All water lines, sanitary sewer collection lines, storm
sewer lines and facilities, streets, curbs, gutters, sidewalks, and
bikepaths shall be installed as shown on the approved utility plans
and in full compliance with the Council -approved standards and
specifications of the City on file in the office of the Director of
Engineering at the time of approval of the utility plans relating
to the specific utility, subject to a three (3) year time
limitation from the date of execution of this Agreement. In the
event that the Developer commences or performs any construction
pursuant hereto after three (3) years from the date of execution of
this agreement, the Developer shall resubmit the project utility
plans to the Director of Engineering for reexamination. The City
may require the Developer to comply with approved standards and
specifications of the City on file in the office of the Director of
Engineering at the time of resubmittal.
C. No building permit for the construction of any structure
within the development shall be issued by the City until the water
lines, fire hydrants, sanitary sewer lines and streets (including
curb, gutter and sidewalk and pavement with at least the base
course completed) serving such structure have been completed and
accepted by the City. No building permits shall be issued for any
structure located in excess of six hundred sixty feet (6601) from
a single point of access.
D. Any water lines, sanitary sewer lines, storm drainage
lines, and/or streets described on Exhibit "A," attached hereto,
shall be installed within the time and/or sequence required on
Exhibit "A." If the Director of Engineering has determined that
any water lines, sanitary sewer lines, storm drainage facilities
and/or streets are required to provide service or access to other
areas of the City, those facilities shall be shown on the utility
plans and shall be installed by the Developer within the time as
established under "Special Conditions" in this document.
E. Except as otherwise herein specifically agreed, the
Developer agrees to install and pay for all water, sanitary sewer,
and storm drainage facilities and appurtenances, and all streets,
curbs, gutters, sidewalks, bikeways and other public improvements
required by this development as shown on the plat, site, landscape
and utility plans, and other approved documents pertaining to this
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CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, WILLIAM J. SLIMAK, on the 12th day of September,
1994, executed a certain Deed of Easement to the City of Fort
Collins for the installation of storm drainage improvements, which
easement covers land in Larimer County, Colorado, described on
Exhibit "A" attached.
NOW THEREFORE, NORWEST BANK FORT COLLINS, N.A., the holders
and owners of a Deed of Trust recorded at Reception #93070730, on
September 28, 1993 in the Larimer County, Colorado records, for a
valuable consideration, their receipt of which is hereby
acknowledged, hereby consents to the terms and provisions of said
easement aforesaid without, however, joining in any of the
warranties, guarantees or indemnities contained therein, and agree
that the subject Deed of Trust shall be subordinate to such
easement in the event of foreclosure thereof.
NORWEST BANK FORT COLLINS, N.A.
Title: f 1 cS..j re, t
STATE OF COLORADO
ss
COUNTY OF LARIMER )
The foregoing instrument was ack wledged before me this / 9
day z_ ._�tirl 199 by c(LRnn•'£ /i� �<< f/V
as/ -ice 1-ice r V/cof Norwest Bank Fort Collins, N.A.
Witness my hand and official seal.
T;yi41 9 mission expires:
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CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, WILLIAM J. SLIMAK, on the 12th day of September,
1994, executed a certain Deed of Easement to the City of Fort
Collins for the installation of storm drainage improvements, which
easement covers land in Larimer County, Colorado, described on
Exhibit "A" attached.
NOW THEREFORE, NORWEST BANK FORT COLLINS, N.A., the holders
and owners of a Deed of Trust recorded at Reception #93067335, on
September 15, 1993 in the Larimer County, Colorado records, for a
valuable consideration, their receipt of which is hereby
acknowledged, hereby consents to the terms and provisions of said
easement aforesaid without, however, joining in any of the
warranties, guarantees or indemnities contained therein, and agree
that the subject Deed of Trust shall be subordinate to such
easement in the event of foreclosure thereof.
NORWEST BANK FORT COLLINS, N.A.
By: I�.
Title: ,1JcN1�.t��1cc �:'z Scdc,-t
STATE OF COLORADO )
ss
COUNTY OF LARIMER )
The if regoin instrument was acknowledge bgfore me this LL
day, of /0 199�, by uZqn`.vF. Y«cf N
as L(tR 4)n of Norwest Bank Fort Collins, N.A.
Witness my hand and official seal.
zt
ission expires:�/2
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STETSON CREEK P.U.D., FIRST FILING
AMENDMENT AGREEMENT NO.l
THIS AMENDMENT AGREEMENT, made and entered into this ""I
day of %�hf_Lit _, of 199- , by and between the CITY OF FORT COLLINS,
COLORADO, a municipal corporation, ("City") and GENEVA HOMES, INC.,
a Colorado CORPORATION, ("Developer"), is an amendment to that
certain Development Agreement dated the 28th of September, 1994, by
and between the City and the Developer, hereinafter referred to as
the "Development Agreement."
WHEREAS, the City and the Developer 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:
Subheading II. Special Conditions; section C. Storm Drainage
Lines and Appurtenances; shall be modified by adding the following
paragraph:
7. The Developer and the City agree that landscape
maintenance for the off -site portion of the regional channel known
as MCCelland's Drainageway, being constructed under this project,
shall be the responsiblity of the Developer for a period of two (2)
years following acceptance of the channel improvements by the
Stormwater Utility. Landscape Maintenance shall include:
(1) installation and maintenance of a temporary
irrigation system;
(2) irrigation of sufficient frequency and duration to
promote landscape growth;
(3) mowing four times a year on or about the following
dates: 4/23, 5/21, 6/21, 8/16, 10/1;
(4) fertilization and broadleaf weed spraying once a
year-.
Seeded areas shall be evaluated after one growing season to
determine whether re -seeding or additional maintenance is required.
Acceptance of seeded areas after the second growing season shall
depend on whether a "satisfactory stand of approved grass" is
evident and weeds have been controlled. A "satisfactory stand of
approved grass" shall $mean that 90% of the seeded area has an
evenly distributed approved grass surface. The City shall reimburse
the developer for the off -site landscape maintenance in accordance
with Exhibit "B".
Exhibit "B" 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.
ATTEST:
IQUAL
CITY CLERK
APPROVED AS Tl3 CONTENT
Di ector of Engineering
APPROVE /AS TO FORM:
ty Attorneys
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By -;)
ty Man er
DEVELOPER:
Geneva Homes, Inc., a Colorado
corporation (
By:
(corporate seal)
EXHIBIT "B"
The Development Agreement for Stetson Creek - P.U.D. 1st
Subdivision, City of Fort Collins, Larimer County, Colorado
Cost Estimate For Malor Drainage Improvements
McCellands Drainageway
The following cost estimates for the on -site and off -site
improvements constitute costs associated with major drainage
improvements which are eligible for developer repay. These costs
are based on cost analysis for the developed and historic flow
conditions done by RBD, Inc. on July 13, 1994 (with revisions to
the land costs and landscape maintenance costs).
STETSON CREEK DEVELOPER REPAY
ON -SITE CONSTRUCTION DIFFERENTIAL COST
ITEM
UNIT
QUANTITY
UNIT COST
TOTAL COST
LAND ACQUISITION
AC
0.5
$15,050.00
$7,525.00
CHANNEL EXCAVATION
CY
1098
$0.85
933.30
CHANNEL EMBANKMENT
CY
2079
$0.55
1,143.45
PLACE TOPSOIL
CY
505
$0.75
378.75
CHANNEL SEEDING &
MULCHING
AC
0.5
$800.00
$400.00
CLASS 6 RIPRAP FOR
CUTOFF WALLS
CY
22
$45.00
$990.00
SUBTOTAL
$11,370.50
LEGALS (5%)
$568.50
CONSTRUCTION MANG. (5%)
$568.50
CONTINGENCY (101)
$1,137.00
TOTAL
$13,644.50
1