HomeMy WebLinkAboutCREEKSIDE AT THE LANDINGS - Filed OA-OTHER AGREEMENTS - 2002-11-27$5.00
RCPTN # 91058662 11/22/91 13:25:00 # PAGES 1 FEE - $.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, RONALD MONTE HUBER, on the 19th day of November,
1991, executed a certain Deed of Easement to the City of Fort
Collins for the installation of drainage facilities, which easement
covers land in Larimer County, Colorado, described on Exhibit "A"
attached, and recorded in the Larimer County, Colorado, records on
November 20, 1991, Reception No. 91058013.
NOW, THEREFORE, HOME FEDERAL SAVINGS BANK, the holders and
owners of a Deed of Trust recorded at Reception No. 91039144,
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.
GRANTOR: HOME FEDERAL SAVINGS BANK
By: L - ✓i
Title:
STATE OF COLORADO
)ss.
County of Larimer )
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Subscribed and sworn to -before me thip;�i;r)iday of November,
1991, by
Witness my hand and official s/eAl. j
If
Notary Public ,
My Commission Expires:
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EXHIBIT D
ENGINEERING DEPT. NOTE:
THIS REPRESENTS THE BEST
QUALITY IMAGE POSSIBLE TAKEN C-3
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AGREEMENT
THTS A.CREEMENT is made and entered into this 27th dal,, of
ITarch, 1989 by and between FATPFIFLD PROPERTIES, a/k/a FATRFIELD
FTOMES, a/k/a FATRFIT?LD COMPANIES, INC., hereinafter referred to
as "Fairfield," and THARITONY COVE CONT)nITITTIi1M ASSOCTATIOIT,
hereinafter referred to as "Harmony." Harmonv and Fairfield
together may he referred to as "the parties hereto."
T,'HERF.AS Fairfield has purchased property, hereinafter
referred to as "the Fairfield Property," adjacent to the Farmony
Cove Condominium Development at the Landings, hereinafter
referred to as "the Harmony Property;" and
1,TT1F.AREAS Fairfield has submitted a proposal for the
development, hereinafter referred to as "the Plat," of the
Fairfield Property to the City of Fort Collins, hereinafter
referred to as "City"; and
UFFREAS the proposed development of the Fairfield Property
includes green areas adjacent_ to the Harmony Property and shown
on the Plat in orange, hereinafter referred to as "the Fairfield
greenspaces"; and
TTHERFAS Harmony contacted the City on or about March 2,
1989 expressing its concerns regarding the proposed development
of the Fairfield Property ; and
T-TFRFAS Fairfield and Harmony have discussed Harmony's
concerns and reached an agreement which addresses the concerns
of Harmony;
NOW, THEREFORE, in exchange for the mutual covenants and
promises of Harmonv and Fairfield, which are recognized by
Harmonv and Fairfield to b'e adequate consideration for this
Agreement, TTarmony and Fairfield agree as follows:
1. Fairfield has agreed to revise the proposed
cul-de-sac, shown on the Plat as the red area, to include six
parking spaces to radiate out from the cul-de-sac in groups of
two as sketched on the Plat. Fairfield further agrees to
landscape the cul-de-sac area in a manner that will he
complimentary to the existing Farmony Property landscaping.
2. Fairfield will be financially responsible for the
landscaping maintenance of the cul-de-sac area and the
landscaping maintenance of the Harmony Cove Greenspace, shown on
the plat in green, during the 1Q89 growing season. Fairfield's
share of the cost of landscaping maintenance will be determined
by multiplying the total cost of landscaping maintenance for the
Harmonv Property by a fraction, the numerator of which is the
square footage of the cul-de-sac landscaped area plus the square
footage of the Harriony Cove Greenspace and the denominator of
which is the total square footage of the Harmony Property
landscaped areas. Harmony, or its agents, will. provide the
maintenance services for the landscaped areas of the cul-de-sac
and the Harmony Cove Greenspace.
3. Fairfield agrees to install the cul-de-sac according to
City_ specifications. Harmony agrees to maintain the surfacing
of the cul-de-sac area, which will origirally be surfaced by
7airfiel.d.
4. After the 198() growing season, Fairfield will accent
full responsibility for the maintenance of the cul-de-sac
landscaping and the uarmony Cove Greenspace, unless agreed
otherwise by the parties hereto.
5. Fairfield will provide liability insurance for the
landscaped area around the cul-de-sac and the Farmony Cove
Cr_eenspace and for all other green areas which are adjacent to
the Harmony property in a minimum amount of co-Nrerage of
SSoo,n��.
h. Fairfield agrees to grant to Harmony or to the
individual owners of condominium units adjacent to the Fairfield
Property easements for any of the buildings, decks, sidewalks,
or other amenities of the Farmony Property which may be
determined to encroach on the Fairfield property, if any there
he.
7. Fairfield agrees not to construct a fence, wall or
other harrier along the bouneary line between the Fairfield
Property and the Farmony Property.
S. Fairfield agrees to grant to I?armony easements for the
use of any and all of the greenspaces of the Fairfield Property
which are adjacent to the Harmony Property.
9. The parties hereto agree to execute anv and all
documents reasonably required to carry out the terms of. this
Agreement.
10. This Agreement shall be binding on the parties hereto,
their assigns, and successors and shall be a covenant which runs
with the land.
11. In the event either party de,aults on any of the terms
of this agreement, the party determined to he the defaulting
party will pav any attornev's fees incurred by the
non -defaulting party in the enforcement of this Agreement.
12. Harmony, as an entity, agrees not to oppose
Fairfield's proposed development project and hereby withdraws
the objections previously submitted to the City by Harmony.
This Agreement is executed the day and year first above
written.
HARMONY COVE CONDOMINIUM
ASSOCIATION
MaryAnne T_tell,/#15140
Attornevj or Harmony Cove
Condomizh'um Association
T'vatt a � d Tlartell
?2?_ W. Magnolia
Fort Colliy}s , Colorado
FAIRFT MD PP
Ke et 11. SlvziulZ i
President
Fairfield Companies, Inc.
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RELEASE OF DEVELOPMENT PROHIBITION
Please take notice that the City of Fort Collins, Colorado, a Municipal
Corporation, does hereby release the prohibition upon the issuance of building
permits and/or certificates of occupancy as established upon certain lots in the
Creekside at The Landings, being a replat of a portion of Mountain Range
Subdivision and the Landings PUD Filing 4, City of Fort Collins, County of
Larimer, State of Colorado, pursuant to that certain Notice of Development
Prohibition recorded November 19, 1991 at reception # 91057347 in the Larimer
County, Colorado records . Accordingly, the aforesaid Notice of Development
Prohibition is hereby rendered null, void and of no effect.
Dated i�' day of u a ,� y , 1995.
Gary Diede, Director of Engineering
STATE OF CO:LORADO )
ss.
COUNTY OF LARIMER )
y
Subscribed and sworn to before me this a dayof 7 , 1995 , by
Gary Diede, as :Director of Engineering, of the City of Fort Collins.
Witness my hand and official seal.
.ssion expires oZ - 5 - I
� 0 Not lic
# NOTARY Notary
`�,►' PUBLIC ,gi.p`
9�� O•N;;
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AGREEMENT
This Agreement is made and entered into this day of
April, 1992, by and among Fairfield Companies, Inc., a Colorado
corporation ("Fairfield"), B. K. Maxwell Co., Inc., a Colorado
corporation ("Maxwell"), and the City of Fort Collins, Colorado, a
municipal corporation ("City").
WITNESSETH
WHEREAS, Fairfield is the developer and owner of the developed
lots in Creekside at the Landings PUD to the City of Fort Collins,
Colorado ("Creekside"); and
WHEREAS, the development agreement (as amended by agreement
dated March 30, 1990) between the City and Fairfield for Creekside
requires the construction of an emergency vehicle access between
Lots 18 and 19 of Creekside; and
WHEREAS, the City and Fairfield believe that such access can
better be provided by construction of a cul-de-sac on that property
adjacent to Creekside presently owned by Wayne Daugaard and
described on Exhibit A, attached hereto and by this reference
incorporated herein (the "Daugaard Property"); and
WHEREAS, Maxwell has contracted for the purchase of the
Daugaard Property and upon closing of such purchase, is willing to
give the City an easement for and construct a cul-de-sac for
emergency vehicle access; and
WHEREAS, Fairfield has escrowed various sums of money with the
City for the purpose of ensuring completion of certain improvements
required for the development of Creekside, including the
construction of an emergency vehicle access as described above and
storm drainage improvements; and
WHEREAS, the parties hereto desire to set forth the terms and
conditions under which certain development requirements for
Creekside and the Daugaard Property will be completed, the escrowed
funds released and remaining building permits and certificates of
occupancy issued.
NOW THEREFORE, by and in consideration of the above premises
and the within terms and conditions, the parties hereto agree as
follows:
1. Escrowed Funds
The City presently has in its possession the following monies
escrowed by Fairfield:
1.1 $3,750.00 (the "Daugaard Storm Drainage Escrow") escrowed
for the purpose of constructing a storm drainage channel in
easements on Lots 12 and 13 of Creekside. It is agreed that said
channel may be replaced by a storm drainage channel for the same
purpose, to be constructed within an easement described on Exhibit
B, attached hereto and by this reference incorporated herein (the
"Storm Drainage Easement") on the Daugaard Property;
1.2 $18,750.00 (the "Cul-De-Sac Escrow") escrowed for the
purpose of constructing an emergency vehicle access for Harmony
Cove PUD on an access easement located on the Daugaard Property,
Creekside openspace and on Lots 18 and 19 of Creekside; and
1.3 $4,275.00 (the "Creekside Storm Drainage Escrow") for the
purpose of ensuring the installation of those storm drainage
improvements required for the development of Creekside and
described on Exhibit C, attached hereto and by this reference
incorporated herein (the "Creekside Storm Drainage Improvements").
The escrowed funds shall be disbursed in accordance with the
terms of this Agreement.
2. Daugaard Storm Drainage Easement and Improvements
Within ten (10) days after Maxwell closes on the purchase of
the Daugaard Property, Maxwell shall deliver to the City the Storm
Drainage Easement, duly executed, and a proposed design for the
Daugaard Storm Drainage Improvements. The City shall complete its
review of such design within ten (10) days after receipt thereof.
Within fourteen (14) days after approval by the City of such
design, Maxwell shall complete the Daugaard Storm Drainage
Improvements. Upon acceptance by the City of such improvements,
the City shall release to Maxwell $3,000.00 and to Fairfield or its
assignees $750.00 of the Daugaard Storm Drainage Escrow.
2
3. Cul-De-Sac Improvements
Fairfield shall immediately request of the City an
administrative change to the Creekside PUD which will permit
construction of the improvements contemplated by this Agreement in
place of those now required by the PUD. The City shall act as
quickly as possible on such request. Upon issuance of such
administrative change, the development agreement between the City
and Fairfield for Creekside shall be modified accordingly. Within
ten (10) days after Maxwell closes on the purchase of the Daugaard
Property, Maxwell shall deliver to the City a duly executed
easement for the modified cul-de-sac to be constructed on the
Daugaard Property in accordance with the site plan shown on Exhibit
D, attached hereto and by this reference incorporated herein (the
"Cul De Sac Improvements"), and a final design for such cul-de-sac
improvements based on such site plan. The City shall complete its
review of such design within ten (10) days after receipt thereof.
Maxwell shall grade and install road base for the Cul-De-Sac
Improvements within thirty (30) days after approval by the City of
the design for the Cul-De-Sac Improvements and shall complete
installation of the Cul-De-Sac Improvements within one hundred
twenty (120) days after such approval. Upon completion and
acceptance by the City of the grading and road base portion of the
Cul-De-Sac Improvements, the City shall release $4,000.00 of the
Cul-De-Sac Escrow to Maxwell, and upon completion and acceptance by
the City of all the Cul-De-Sac Improvements, the City shall release
the balance of the funds in the Cul-De-Sac Escrow as follows: (i)
$9,500.00 to Maxwell; and (ii) $5,250.00 to Fairfield or its
assignees.
4. Creekside Storm Drainage Improvements
Within sixty (60) days after the closing of the purchase of
the Daugaard Property by Maxwell, Fairfield shall install the
Creekside Storm Drainage Improvements. Upon acceptance by the City
of such improvements, the City shall release the Creekside Storm
Drainage Escrow to Fairfield or its assignees.
5. Issuance of Building Permits
No building permits shall be issued by the City for Creekside
or for the Daugaard Property until all of the following have
occurred: (i) the receipt by the City of the Daugaard Storm
Drainage Easement; (ii) the receipt by the City of the cul-de-sac
easement; (iii) the receipt and approval by the City of the design
plans for the Daugaard Storm Drainage Improvements and the Cul-De-
Sac Improvements; and (iv) the execution of a modification to the
development agreement for Creekside and approval by the City of an
administrative change to Creekside PUD permitting the construction
3
of the Cul-De-Sac Improvements to meet the emergency vehicle access
requirements for the Creekside development. No building permits
shall be issued by the City for the Daugaard Property or Lots 18
and 19 until the cul-de-sac is constructed with a base course.
Upon compliance with the conditions stated above, the City shall
release its hold on building permits for Creekside and for the
Daugaard Property.
6. Issuance of Certificates of Occupancy
No certificates of occupancy for any buildings located on Lots
5, 6, 7, 11, 18 and 19 in Creekside shall be issued by the City
until the Creekside Storm Drainage Improvements and the Daugaard
Storm Drainage Improvements have been completed and accepted by the
City. No certificates of occupancy for any buildings located on
the Daugaard Property shall be issued by the City until the
Daugaard Storm Drainage Improvements have been completed and
accepted by the City. Upon completion and acceptance of each such
storm drainage improvement, the City shall release its hold on
certificates of occupancy for Lots 5, 6, 7 and 11 in Creekside. No
certificates of occupancy shall be issued by the City for the
Daugaard Property or Lots 18 and 19 in Creekside until the cul-de-
sac is completed with pavement.
7. Failure to Complete Improvements
In the event any of the improvements required in this
Agreement are not completed within the specified time frame
therefor, excluding the time required for approval and any remedial
action required to correct such work after inspection by the City,
the City shall have the right to complete any such improvements in
accordance with City Code requirements and the approved design
therefor and pay the costs for such work from the particular escrow
account held for that work.
8. Bindina Effect
The terms and conditions of this Agreement are to apply to and
bind the heirs, personal representatives and assigns of the
respective parties hereto.
9. Jurisdiction
The parties hereto agree and consent to exclusive venue and
jurisdiction of the District Court in and for the County of
Larimer, Colorado for any court action commenced by any of the
parties which relates to this Agreement or the transactions
contemplated hereby.
4
10. Counterpart Signatures
This Agreement may be executed in multiple counterparts, each
of which shall constitute an original, but all of which taken
together shall constitute one and the same document.
11. Entire Agreement
This Agreement, including all exhibits hereto, contains the
entire agreement between the parties pertaining to Creekside and
the Daugaard Property and fully supersedes all prior agreements and
understandings between the parties pertaining to Creekside and the
Daugaard Property.
By:
By:
COMPANIES, INC., a
oration
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B. K. MAXWELL CO.,,;:� a Colorado
corporation I Il
M
CITY OF FORT COLLINS, COLORADO, a
municipal corporation
By: /&PV—
Steven C. Burkett, City Manager
ATTEST:
City Clerk
A �G� FORM:
City Attorney
APPROVED AS„TO CONTENT:
Di ector of Engine
17
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AGREEMENT
This Agreement is made and entered into this 07�6t day of
April, 1992, by and among Fairfield Companies, Inc., a Colorado
corporation ("Fairfield'), B. K. Maxwell Co., Inc., a Colorado
corporation ("Maxwell"), and the City of Fort Collins, Colorado, a
�3
municipal corporation ("City").
WITNESSETH
�I
WHEREAS, Fairfield is the developer and owner of the developed
lots in Creekside at the Landings PUD to the City of Fort Collins,
Colorado ("Creekside"); and
WHEREAS, -the development agreement (as amended by agreement
dated March 30,. 1990) between the City and Fairfield for Creekside
requires the construction of an emergency vehicle access between
Lots 18 and 19 of Creekside; and
WHEREAS, 'the City and Fairfield believe that such access can
better be provided by construction of a cul-de-sac on that property
adjacent to Creekside presently owned by Wayne Daugaard and
described on Exhibit A, attached hereto and by this reference
incorporated herein (the "Daugaard Property"); and
WHEREAS, Maxwell has contracted for the purchase of the
Daugaard Property and upon closing of such purchase, is willing to
give the City an easement for and construct a cul-de-sac for
emergency vehicle access; and
WHEREAS, Fairfield has escrowed various sums of money with the
City for the purpose of ensuring completion of certain improvements
required for the development of Creekside, including the
construction of an emergency vehicle access as described above and
storm drainage improvements; and
WHEREAS, the parties hereto desire to set forth the terms and
conditions under which certain development requirements for
Creekside and the Daugaard Property will be completed, the escrowed
funds released and remaining building permits and certificates of
occupancy issued.
EXHIBIT A
That portion of Tract "G", the LANDINGS P.U.D. Filing 4 to the City
of Fort Collins, County of Larimer, Colorado being more
particularly described as follows:
BEGINNING at the Southwest corner of said Tract "G" (also being the
Southeast corner of said Tract "D"); thence along the Westerly line
of said Tract "G" N 24059104" E, 343.94 feet; thence N 13021'26" E,
22.63 feet to the TRUE POINT OF BEGINNING; thence S 76021120" E,
129.55 feet; thence N 13038140" E, 81.02 feet; thence N 50008154"
W, 181.46 feet; thence N 18029148" W, 11.74 feet to the Westerly
line of said Tract "G"; thence along said Westerly lines the 3
following courses and distances; S O5053111" E, 64.62 feet; S
02010103" E, 64.81 feet S 13021126" W, 47.84 feet to the TRUE POINT
OF BEGINNING.
EXHIBIT B
Description for the CenLcrline of a 10.00 foot wide Drainage Easement:
That portion of Tract "G", the Landings P.U.D. Filing 4 to the
City of Fort Collins, County of Lar.imer, State of Colorado being
more particularly described as follows:
Beginning at the Southwest corner of said 'Tract "G" (also being
the Southeast corner of said Tract"D"); thence along the Westerly
line of said Tract "G" North 24059'04" East 343.94 feet; thence
North 1.3"21'26" East 70.47 feet; thence North 02110'03" West
64.81 feet; thence North 05153'11" West 6.32 feet to the Northeast
corner of Lot 12, Cr.eekside at the Landings, Port Collins, Colo-
rado; said point being the TRUEl'0]:NT OF lSEG1NNING of the center-
l..ne or a 10.00 foot wide Drainage IiasemenC (ben}; 5.00 feet
parallel with and either side of the following described center-
line); thence along said centerline North 25020140" East 35.66
feet to a point on the South line of Tract "A" of said Creeksi-de
at the Landings; said point being the terminus of said ccntcr.linc
of said easement. The above described casement is subject to
all existing easements and/or rights of way of record.
EXHIBIT C
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111sW 980-5447
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EXHIBIT D
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CREERSIDE AT THE LANDINGS, P.U.D.
SECOND AMENDMENT AGREEMENT
/������This Second Amendment Agreement, made and entered into this
22day of May, 1992, by and between the City of Fort Collins,
Colorado, a municipal corporation ("City"), and Fairfield Compan-
ies, Inc., a Colorado corporation ("Developer"), is an amendment to
that certain Development Agreement dated the 27th day of March 1989
("Development Agreement").
WHEREAS, the parties hereto previously executed the Develop-
ment Agreement and an amendment to the Development Agreement dated
March 30, 1990 ("Amendment Agreement"); and
WHEREAS, the parties are presently desirous of further modify-
ing the Development Agreement.
NOW, THEREFORE, in consideration of the promises of the par-
ties 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) of the Development Agreement
shall be modified by adding the following additional subparagraph
thereto:
F. Modified Cul-De-Sac.
At Developer's option, Developer shall be
allowed to provide the required emergency
vehicle access either by construction of an
emergency vehicle access between Lots 18 and
19 of the development as provided in the
Amendment Agreement or by construction of a
modified cul-de-sac on the property described
on Exhibit A in accordance with the site plan
shown on Exhibit B, both exhibits being
attached hereto and by this reference
incorporated herein. The final design for
such cul-de-sac shall be submitted to and
approved by the City prior to the commencement
of construction thereof.
Except as herein amended or modified, the Development
Agreement shall continue in full force and effect. This Second
Amendment Agreement, together with the Development Agreement and
the Amendment 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.
FAIRFIELD COMPANIES, INC., a Colorado
corpora/iion
By: h "�
Kenneth M. Slyziuk,(/,President
CITY OF FORT COLLINS, COLORADO, a
municipal corporation
Steven C. B rkett, City Manager
ATTEST:
'! �C
ity Cle
APPROVEn AS TO FORM:
t' z
ssistant City Attorney
APPROVED AS TO CONTENT:
Director f Engineering
EXHIBIT A
That portion of Tract "G", the LANDINGS P.U.D. Filing 4 to the City
of Fort Collins, County of Larimer, Colorado being more
particularly described as follows:
BEGINNING at the Southwest corner of said Tract "G" (also being the
Southeast corner of said Tract "D"); thence along the Westerly line
of said Tract "G" N 24059104" E, 343.94 feet; thence N 13°21'26" E,
22.63 feet to the TRUE POINT OF BEGINNING; thence S 76021120" E,
129.55 feet; thence N 13038140" E, 81.02 feet; thence N 50008154"
W, 181.46 feet; thence N 13029148" W, 11.74 feet to the Westerly
line of said Tract "G"; thence along said Westerly lines the 3
following courses and distances; S 05053111" E, 64.62 feet; S
02°10'03" E, 64.81 feet S 13021126" W, 47.84 feet to the TRUE POINT
OF BEGINNING.
EXHIBIT B
PAR)<ING AR
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RCPTN # 91059399 11/26/91 12:17:00 # PAGES - 7 FEE - $35.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
CREERSIDE AT THE LANDINGS, P.U.D.
AMENDMENT AGREEMENT
This Amendment Agreement, made and entered into this if 't4day
of March, 1990, by and between the CITY OF FORT COLLINS, COLORADO,
a municipal corporation ("City") and FAIRFIELD COMPANIES, INC., a
Colorado corporation ("Developer"), is an amendment to that certain
Development Agreement dated the 27th day of March, 1989,
("Development Agreement").
WHEREAS, the parties hereto previously executed the
Development Agreement;
WHEREAS, the parties are presently desirous of further
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 2 (Special Conditions) of the Development Agreement
shall be modified by adding the following additional subparagraph
thereto:
E. Access Easement.
(i) The Developer has submitted a request to vacate certain
easements affecting Creekside at the Landings, P.U.D.
("Creekside") as described on Exhibit A attached hereto
and incorporated herein by reference.
An access easement sixteen feet in width will remain on
Creekside, running between Lots 18 and 19 thereof, as
shown on Exhibit B, attached hereto and incorporated
herein by reference ("Access Easement"). Provided the
City vacates the easements described on Exhibit A, the
Developer shall improve the Access Easement in
substantially the manner depicted in Exhibit B and
further depicted in Exhibit C, attached hereto and
incorporated herein by reference.
(ii) The width of the hard surface of the Access Easement
shall be a minimum of twelve feet (121) and shall be
composed of six-inch deep colored concrete on compacted
subgrade capable of supporting fully loaded fire
apparatus. The color of the concrete shall be such as
to contrast with the landscaping treatment of the
adjacent property. The Access Easement will be
delineated by shrubbery and/or split rail fencing
1
CITY OF FORT CALLS^;;.
substantially as shown on Exhibits B and C. A decorative
railing or other similar improvement shall delineate the
bridge portion of the Access Easement. The southern
boundary of the Access Easement shall be appropriately
posted and shall contain an acceptable type of barricade.
The Developer shall submit any further design details for
the Access Easement improvements as may be required by
the City within thirty (30) days of vacation of the
easements described on Exhibit A. The improvements to
the Access Easement shall be substantially completed by
the Developer no later than ninety (90) days after the
occurrence of the later of the vacation of such easements
by the City and final approval by the City of the design
of the Access Easement improvements. All deadlines set
forth herein may be extended by mutual agreement of the
parties hereto.
In the event that the Developer does not complete the
Access Easement improvements as required in this
subparagraph (iii), the City shall have the right to
withhold the issuance of further building permits and/or
certificates of occupancy for Creekside until such
completion and acceptance thereof by the City or, at the
Developer's option, to require the Developer, prior to
receiving such permits and/or certificates, to give the
City cash, a letter of credit or equivalent security
acceptable to the City in an amount equal to 150% of the
cost to complete such improvements, but in no event more
than $18,750.00. At such time as the design for the
Access Easement improvements is finally approved by the
City, the Developer may submit a revised cost estimate
for such improvements and, when approved by the City,
shall be used to calculate the necessary amount of cash,
letter of credit or equivalent security required by the
City.
In the event that the Access Easement improvements are
not substantially completed prior to issuance of building
permits by the City for Lots 18 and 19 in Creekside, the
City shall have the right to withhold issuance of such
building permits until substantial completion and
acceptance by the City of said improvements or to require
the Developer, prior to receiving such permits, to give
the City cash, a letter of credit or equivalent security
acceptable to the City in an amount and pursuant to such
conditions as earlier set forth in this subparagraph
(iii). Any cash, letter of credit or other security
accepted by the City shall be released by the City to the
Developer upon completion of the Access Easement
improvements and acceptance thereof by the City.
2
NOW THEREFORE, by and in consideration of the above premises
and the within terms and conditions, the parties hereto agree as
follows:
1. Escrowed Funds
The City presently has in its possession the following monies
escrowed by Fairfield:
1.1 $3,750.00 (the "Daugaard Storm Drainage Escrow") escrowed
for the purpose of constructing a storm drainage channel in
easements on Lots 12 and 13 of Creekside. It is agreed that said
channel may be replaced by a storm drainage channel for the same
purpose, to be constructed within an easement described on Exhibit
B, attached hereto and by this reference incorporated herein (the
"Storm Drainage Easement") on the Daugaard Property;
1.2 $18,750.00 (the "Cul-De-Sac Escrow-") escrowed for the
purpose of constructing an emergency vehicle access for Harmony
Cove PUD on an, access easement located on the Daugaard Property,
Creekside openspace and on Lots 18 and 19 of Creekside; and
1. 3 $4 , 275. 00 (the "Creekside Storm Drainage Escrow") for the
purpose of ensuring the installation of those storm drainage
improvements required for the development of Creekside and
described on Exhibit C, attached hereto and by this reference
incorporated herein (the "Creekside Storm Drainage Improvements").
The escrowed funds shall be disbursed in accordance with the
terms of this Agreement.
2. Daugaard Storm Drainage Easement and Improvements
Within ten (10) days after Maxwell closes on the purchase of
the Daugaard Property, Maxwell shall deliver to the City the Storm
Drainage Easement, duly executed, and a proposed design for the
Daugaard Storm Drainage Improvements. The City shall complete its
review of such design within ten (10) days after receipt thereof.
Within fourteen (14) days after approval by the City of such
design, Maxwell shall complete the Daugaard Storm Drainage
Improvements. Upon acceptance by the City of such improvements,
the City shall release to Maxwell $3,000.00 and to Fairfield or its
assignees $750.00 of the Daugaard Storm Drainage Escrow.
2
If (iv) The sideyards for Lots IS and lg of Creekside will be
measured from the centerline of the Access Easement,
provided however that no building or structure or any
part thereof, or any appurtenance thereto, whether on,
below or above ground, shall encroach on or into the
Access Easement.
(v) In the event that parking enforcement is inadequate to
prevent the continued parking and/or storage of vehicles
directly north of the gate on the northern boundary of
the Access Easement and after affording the Developer a
reasonable opportunity to correct the situation, the City
shall have the right to require the Developer, at
Developer's sole cost, to place an acceptable type of
barrier at a point adjacent to the street right of way
north of the gate.
(vi) Maintenance of the Access Easement and any landscaping
and/or fencing located therein shall be the obligation
of the Developer. The City shall have no responsibility
for maintenance of the Access Easement. In the event the
City needs to perform repair work on any utilities or
other City facilities located under the Access Easement,
the City shall repair the Access Easement to a standard
normally and customarily done by the City on other
streets and access ways or, at the option of the
Developer, the Developer may restore the Access Easement
to its original condition and after completion of such
restoration, the City shall pay the Developer an amount
equal to the cost to repair the Access Easement to the
City's normal standard.
Except as herein amended or 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.
FAIRFIELD/CO., INC.
a Colorodo corpgfat
By:
3
I�.CLLC LII Pl•
President
ATTEST:.
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
irecto of Engineering
CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By: c
Steven C. Bu sett
City Manager
4
Exhibit A
Ir= PARSONS &
k- ASSOCIATES
\/ CONSULTING ENGINEERS
V\
i
March 26, 1990
Mike Herzig
Planning Department
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522
RE: Creekside At The Landings
Easement Vacation
Dear Mike,
On behalf of the owner, Fairfield Companies, Inc., we hereby
request the vacation of all prior existing easements located on
the platted lots of Creekside At The Landings being a replat of a
portion of Mountain Range Subdivision and The Landings P.U.D.-
Filing 4, located north of Harmony Road and west of Harmony
Reservoir in the city of Fort Collins, Colorado, with the
exception of those easements shown on said Creekside At The
Landings plat, and a sixteen (16) foot wide portion of the
twenty-eight (28) foot access and utility easement located on
lots 18 and 19. This sixteen (16) foot wide portion is to be
centered on the common lot line of said lots and will serve as an
emergency access easement to connect this development with
Harmony Cove Townhomes.
Sincerely,
Bill Douglas
BD/cd
432 Link Lane Plaza F(. Collins, Colorado 80521 - [303) 221-2400
1 EXHIBIT B
I
CREEKSIDE COURT
\ CURB PANTED FOR NO PAR f1G
/CWRGENCv�VEHICL.E ACCESS ONL
SIGN /
SPLIT RAIL FENCE
12FT GATE _ - •.��/
r -
1 - ,
12FT NiDE COLORED -
CONCRETE EMERGENCY - -
�-i DRIVEWAY
- CREEKSIDE'AT THE LANDINGS
\ SHRUBBERY DELINEATING t>
DRNEWAY(TYP) S _ -
_ PROPOSED 10FT
SDEYARDS(TYP)
i
18FT EMERGENCY ACCESS EASEMENT LOT19
LOT 18 _ 25FT DRANAGEEASEMENi
-
EXISTING DRIVEWAY
HARMONY COVE TOWNHOMES
ltm
LOT18
Exhibit c
w _ _1OFT SDEYARD SETBACK
0-4
__f
4FT I' 7� 2FT PAVED SURFACE 4FT
DRIVE WITH SHRUBS AND/OR PRIVACY FENCE
16FT El AERGENCY ACCESS EASEMENT �
wl
LOT18
¢I
SPLR RAL FENCE
w
a. \tea
it
a
2FT
2FT
12FT PAVED SURFACE _
DRIVE WITH SPLIT RAIL FENCE
Ld
�w
z
UO
I Up7
a
2oZ
L0719 a=�
�a
�m0
LOT19
R •55
3. Cul-De-Sac Improvements
Fairfield shall immediately request of the City an
administrative change to the Creekside PUD which will permit
construction of the improvements contemplated by this Agreement in
place of those now required by the PUD. The City shall act as
quickly as possible on such request. Upon issuance of such
administrative change, the development agreement between the City
and Fairfield for Creekside shall be modified accordingly. Within
ten (10) days after Maxw`11 closes on the purchase of the Daugaard
Property, Maxwell shall deliver to the City a duly executed
easement for the modified cul-de-sac to be constructed on the
Daugaard Property in accordance with the site plan shown on Exhibit
D, attached hereto and by this reference incorporated herein (the
"Cul De Sac Improvements"), and a final design for such cul-de-sac
improvements based on such site plan. The City shall complete its
review of such design within ten (10) days after receipt thereof.
Maxwell shall grade and install road base for the Cul-De-Sac
Improvements within thirty (30) days after approval by the City of
the design for the Cul-De-Sac Improvements and shall complete
installation of the Cul-De-Sac Improvements within one hundred
twenty (120) days after such approval. Upon completion and
acceptance by the City of the grading and road base portion of the
Cul-De-Sac Improvements, the City shall release $4,000.00 of the
Cul-De-Sac Escrow to Maxwell, and upon completion and acceptance by
the City of all the Cul-De-Sac Improvements, the City shall release
the balance of the funds in the Cul-De-Sac Escrow as follows: (i)
$9,500.00 to :Maxwell; and (ii) $5,250.00 to Fairfield or its
assignees.
4. Creekside Storm Drainage Improvements
Within sixty (60) days after the closing of the purchase of
the Daugaard :Property by Maxwell, Fairfield shall install the
Creekside Storm Drainage Improvements. Upon acceptance by the City
of such improvements, the City shall release the Creekside Storm
Drainage Escrow to Fairfield or its assignees.
5. Issuance of Building Permits
No building permits shall be issued by the City for Creekside
or for the Daugaard Property until all of the following have
occurred: (i) the receipt by the City of the Daugaard Storm
Drainage Easement; (ii) the receipt by the City of the cul-de-sac
easement; (iii) the receipt and approval by the City of the design
plans for the Daugaard Storm Drainage Improvements and the Cul-De-
Sac Improvements; and (iv) the execution of a modification to the
development agreement for Creekside and approval by the City of an
administrative change to Creekside PUD permitting the construction
3
of the Cul-De-Sac Improvements to meet the emergency vehicle access
requirements for the Creekside development. No building permits
shall be issued by the City for the Daugaard Property or Lots 18
and 19 until the cul-de-sac is constructed with a base course.
Upon compliance with the conditions stated above, the City shall
release its hold on building permits for Creekside and for the
Daugaard Property.
6. Issuance of Certificates of Occupancy
No certificates of occupancy for any buildings located on Lots
5, 6, 7, 11, 18 and 19 in Creekside shall be issued by the City
until the Creekside Storm Drainage Improvements and the Daugaard
Storm Drainage Improvements have been completed and accepted by the
City. No certificates of occupancy for any buildings located on
the Daugaard Property shall be issued by the City until the
Daugaard Storm Drainage Improvements have been completed and
accepted by the City. Upon completion and acceptance of each such
storm drainage improvement, the City shall release its hold on
certificates of occupancy for Lots 5, 6, 7 and 11 in Creekside. No
certificates of occupancy shall be issued by the City for the
Daugaard Property or Lots 18 and 19 in Creekside until the cul-de-
sac is completed with pavement.
7. Failure to Complete Improvements
In the event any of the improvements required in this
Agreement are not completed within the specified time frame
therefor, excluding the time required for approval and any remedial
action required to correct such work after inspection by the City,
the City shall have the right to complete any such improvements in
accordance with City Code requirements and the approved design
therefor and pay the costs for such work from the particular escrow
account held for that work.
8. Binding Effect
The terms and conditions of this Agreement are to apply to and
bind the heirs, personal representatives and assigns of the
respective parties hereto.
9. Jurisdiction
The parties hereto agree and consent to exclusive venue and
jurisdiction of the District Court in and for the County of
Larimer, Colorado for any court action commenced by any of the
parties which relates to this Agreement or the transactions
contemplated hereby.
4
10. Counterpart Siqnatures
This Agreement may be executed in multiple counterparts, each
of which shall constitute an original, but all of which taken
together shall constitute one and the same document.
11. Entire Agreement
This Agreement, including all exhibits hereto, contains the
entire agreement between the parties pertaining to Creekside and
the Daugaard Property and fully supersedes all prior agreements and
understandings between the parties pertaining to Creekside and the
Daugaard Property.
FAIR IELD COMPANIES, INC., a
Co rado corporation
i
By:
en Slyziuk, Pre e t
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED A§ TO CONTENT:
Di,Yector of 'Enginedtipg
B. K. MAXWELL CO., INC., a Colorado
corporation
By: Z,====, ,
Bruce M. tfbseth, President
CITY OF FORT COLLINS, COLORADO, a
muni ipal corporation
By: C4�
Steven C. Burkett, City Manager
5
EXHIBIT A
That portion of Tract "G", the LANDINGS P.U.D. Filing 4 to the City
of Fort Collins, County of Larimer, Colorado being more
particularly described as follows:
BEGINNING at the Southwest corner of said Tract "G" (also being the
Southeast corner of said Tract "D"); thence along the Westerly line
of said Tract "G" N 24059104" E, 343.94 feet; thence N 13021'26" E,
22.63 feet to the TRUE POINT OF BEGINNING; thence S 76021'20" E,
129.55 feet; thence N 13038,140" E, 81.02 feet; thence N 50008154"
W, 181.46 feet; thence N 13029148" W, 11.74 feet to the Westerly
line of said Tract "G"; thence along said Westerly lines the 3
following courses and distances; S 05053111" E, 64.62 feet; S
02°10'03" E, 64.81 feet S 13121126" W, 47.84 feet to the TRUE POINT
OF BEGINNING.
Dcscr_.I)ti.on for Llre Centerline of 10 00 Toot wick Drai_na�e LascmcnL:
ThaL portion of Tract. "G", the Landings P.U.D. Filing 4 Lo t:lie
City of Dort Collins, County of Larimcr, SLaLc of Colorado being
more Particularly described as follows:
Beginning at t1le SouLllwesL carrier of said 'Tract "G" (a1_so 1)cing
L11e Southeast COL"Iler of said Tract"D"); Llrcrrcc along; L-he Westerly
line of said Tract "G" North 24059'04" Last 343.94 feet; thence
North 13'21'26" Past 70.47 feet; Lhence North 02110'03" West
64.81 fccL; Lhencc North 05°53'11" West 6.32 feet- Lo the NorLhcasL
carrier of Lot 12, Creekside at: the Lalldin�,s, fort Collins, Colo-
rado; :>ai_d poi.r►t being 1.11c TRUE i'01N'T OF 1)1;GTNNING of Lhc ccnLcr-
l:inc of a 10.00 foot wide Drainal;c Easement (1)c:i.n1; 5.()O fcct
parallel wiLli and either side of Lhc following described ccnLer-
l.inc); L1lcncc alorl� said cc of
North 25°20'40" fast 35.66
fccC to a point on tlic SouLh lineof Tract "A" of said Crcckside
at tllc Landings; sai_cl point being Lhe Lcrmillus . of said ccclLcrlinc
of said ea:;emen L . The above described easement is sub jcc L to
all exisLing easemenLs and/or rights of way of record.
EXHIBIT C
077 lOTH.. AVM,
BRIGtt'I CO. 5D601
DIKV2 659-5423
FA1tq:[ Zb HOME; ,2 30 /' 8 3 a C Y
P.O. ➢OX 80220-0248
,L&Mek= CO. 80228-0245
MM $80-5447
I3BxMPTION PUAICI`LTY UNIT PRIG' PRICE
INSTAM Wl llaZ—f tC & C v'BR
121I1EY12 XH`pIA 1.00 !00.00 500.00
LICi- .OF DnA mAt� �'wna ct�m�xcx
2;O.00 7.h0
l�pa4.00
UN. FT. 0�1 DIRT GMS,O TO EXCAVATE
�MQQ 2.00
540,00
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DATE 1-20-9217
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