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HomeMy WebLinkAboutFOSSIL LAKE P.U.D., SECOND FILING - COUNTY APPROVAL - 33-01E - CORRESPONDENCE - LEGAL DOCUMENTSa Subdivider: Everline, LLC, A Colorado Limited Liability Company BY: Double E&G, Inc., A Colorado Corporation, Hager BY: (Seal) David Everitt, President STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this .t'Dday of 20 p 1 by as d4 � �. . Witness my hand and official seal. _ • ®TAR' My Commission Expires: 1-2 g- Ut •4°- b-01 Notary Public % PU13LIC OF C4 Bank: First National Bank of Fort KW Title: .See .} ? "V A 4Z� STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was 20 , by Witness My Coy and official seal. Expires: before me this day of as of Notary Public 0 4 Fort Collins, CO 80522 If to the County, to: Larimer County Director of Planning P.O. Box 1190 Fort Collins, CO 80522 If to the Lender, to:. Mr. Jim Trupp First National Bank of Fort Collins P.O. Box 272500 Fort Collins, CO 80527-2500 (h) Execution of Addendum. This Addendum may be executed in any number of counterparts, each of which shall be deemed an original, but all counterparts together shall constitute but one and the same instrument. The undersigned individuals represent that they are fully authorized to execute this Addendum on behalf of the respective parties. (i) Governing Law. The validity, interpretation, effective legal requirements, and legal consequences of this instrument or arising out of or in connection with the subject matter thereof shall be determined in accordance with and governed by the laws of the State of Colorado. 0) Non_Waiver. Inaction or acquiescence by a nonbreaching party in connection with any breach of any term, provision, condition, covenant, or agreement herein contained or in connection with any default or event of default hereunder shall not constitute a waiver of such breach, default, or event of default, and such nonbreaching party may, at any time thereafter, exercise all rights herein or at law conferred on account thereof. . (k) County Not Guarantor. By execution of this Addendum, the County does not become and shall not be construed to be a guarantor or surety of any kind with respect to the construction loan made by the Lender to the Subdivider, and toe County shall have no obligation or liability for repayment of the construction loan IN WITNESS WHEREOF, the parties hereto have executed this the date first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: (Seal) OF LARI R COUNT COLORADO BY: BY: z, / t•:c. Chairman Deputy STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing ins rument a s acknowledged before me this% day of 20 U 1 by ATei'4.4 CNNr� S as �fsm hand and.official seal. on Expires: OL" ii 1/r9 rv�2u� / u 4> S Notary Public Subdivider an amount in excess of the amount necessary to complete the SDA Improvements. Notwithstanding the total amount of the loan to be made by the Lender to the Subdivider, upon default by the Subdivider the Lender shall have no obligation to advance to the County for the SDA Improvements any amount in excess of the total Development Loan, less all amounts previously advanced to the Subdivider for the SDA Improvements pursuant to the terms of this Agreement. 4. Warranty. The parties hereto acknowledge that pursuant to County policies concerning SDA's and other agreements between Subdivider and Larimer County, upon completion of each category of SDA Improvements, Lender shall retain in the Development Loan a total of 5% of the total cost of the SDA Improvement as warranty collateral. Said collateral amounts will be proportionately allocated to the construction infrastructure categories as listed on Exhibit D of the SDA, based on total cost within each category. Warranty collateral funds shall be available to Larimer County upon default by Subdivider, as provided in the SDA. Expiration of the Development Loan or portions thereof securing said funds shall occur upon written release by Larimer County, or two (2) years from the date of final subdivision improvement acceptance for each construction infrastructure category listed on Exhibit D of the SDA, whichever shall occur first. 5. Miscellaneous. (a) Further Assurance. Each of the parties hereto, for itself and its respective successors, agrees to execute and deliver any and all instruments and documents and to do any acts or things reasonably necessary, proper, or appropriate for the full performance and the due effectuation of this Addendum. (b) Waivers; Modification. No waiver, amendment, or modification of any term, provision, condition, covenant, or agreement herein contained shall be effective unless set forth in writing and signed by all of the parties hereto, which specifically sets forth such waiver, amendment, or modification, and such waiver, amendment, or modification shall be effective only to the extent set forth in such writing. (c) Severability. Any provision of this Addendum that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. (d) Addendum. This Addendum supplements the Subdivision Development Agreement dated 3J. -4>1 and is subject to the provisions of the Larimer County Subdivision Resolution. In the event of conflict between this Addendum and the County regulations or policies, this Addendum shall control. (e) Number and Gender. Words in the singular shall include the plural, and words in a particular gender shall include either or both genders, when the context in which such words are used indicates that such is the intent. (f) Successors and Assigns. The terms and provisions of this Addendum shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties. (g) Notice. Whenever under the terms of or in connection with this Addendum it becomes necessary, proper, or desirable for one party to give notice to the other, such notice shall be given by registered or certified mail, postage property prepared, addressed to the parties to whom the address is to be given as follows: If to the Subdivider, to: Everline, LLC c/o Everitt Companies 3030 South College Ave. P.O. Box 2125 M M (e) Upon receipt of a complete Request for Disbursement as detailed in this Addendum, the Director of Planning shall indicate by receipt that the request is accepted for review. The County's written approval, partial approval, or disapproval of a Request for Disbursement shall be available to the Subdivider not later than the tenth day after receipt of the request. (f) Upon receipt of the Request for Disbursement, the County shall make or cause to be made such investigations as in its sole discretion it deems necessary to verify the progress of construction. The County may then authorize disbursement, authorize partial disbursement, or deny disbursement for cause. Authorization by the County for a disbursement shall be indicated by the signature of the Larimer County Director of Planning or his designated representative. (g) Upon receipt of Authorization to Disburse, Lender shall disburse to Subdivider, or party identified in Authorization to Disburse form, an amount equal to the authorized amount, concurrently reducing the total Development Loan principal amount equivalent to 10% of the authorized amount, thus leaving 5% of the total cost of the SDA Improvements in place as warranty collateral. (h) Authorization by the County of any disbursement shall not relieve the Subdivider or its subcontractors of their responsibility to correct any defects in the work or to correct any work not installed in accordance with approved plans or to repair any works destroyed or damaged by natural events or other causes. (i) In the event the County denies or partially denies a Request for Disbursement, the County shall give the reason for denial in writing to the Subdivider. Upon request by the Subdivider, the County shall hold a meeting with the Subdivider to review the decision for denial. If the County determines it is appropriate to authorize additional disbursement, the County shall immediately authorize such additional disbursement. After the meeting, the Subdivider may request a meeting with the Board of County Commissioners to appeal any staff decision. The meeting with the Board of County Commissioners shall be held within fourteen (14) working days of the County's receipt of the Subdivider's written appeal request. The decision of the County Commissioners shall be conclusive and final. 0) In the event the Sub divider's.Request for Disbursement is denied by the County for lack of a complete submittal or because the SDA Improvement is inadequate for cause stated by the County, then the Subdivider's second and subsequent Requests for Disbursement of the denied improvement shall require a Two Hundred Dollar ($200) reinspection fee. (k) Completion of the work set forth as a line item in the Disbursement Request Itemization and disbursement and payment therefor, made in accordance with the terms of this Addendum, shall not be construed as acceptance or final approval by the County of the work performed: 3. Default of SDA and/or Addendum to SDA. (a) This Addendum shall be in default if the Board of County Commissioners finds the SDA to be in default in accordance with the provisions therein contained. (b) In the event of default of the terms of this Addendum, disbursements under the Loan Agreement shall cease until such time as the default is corrected by the Subdivider. In the event the County determines that the Subdivider has materially breached the SDA and such breach has not been corrected by the Subdivider, the County shall give written notice of such breach to the Subdivider and the Lender, whereupon the Lender shall cease any and all disbursements under the Loan Agreement for SDA Improvements to the Subdivider and, upon written request of the County, shall make appropriate disbursements to the County for SDA Improvements, which shall contract for completion of the SDA Improvements. The parties hereto acknowledge that pursuant to the terms of the Loan Agreement, the Lender has committed to lend to the 3 011) (d) The County agrees that upon final release of the SDA, all remaining Development Loan proceeds, if any, shall be released to the Subdivider through an appropriate Authorization to Disburse. 2. Request for Disbursement Procedures. (a) The Subdivider shall enter into appropriate agreements with construction subcontractors representing the various respective line items of work stated on Exhibit D of the SDA. The Subdivider shall inform subcontractors of the terms of this Addendum. The Subdivider shall also enter into an agreement with an engineer registered in Colorado ("the Subdivider's Engineer"), who shall inspect the SDA Improvements and represent the Subdivider in matters pertaining to inspection and certification of SDA Improvements required herein. (b) Whenever the Subdivider shall desire authorization for disbursements and, as a condition thereto, the Subdivider shall deliver to the Director of Planning of the County of Larimer four (4) copies of a "Request for Disbursement" the "Request for Disbursement" shall be in the form attached hereto and incorporated herein by reference as though fully set forth. Said form, once'approved by County, shall be forwarded to City of Fort Collins. It shall include the following attachments: (1) A signed and sealed certification from the Subdivider's Engineer which states the general nature of the items requested for release and which states that the items requested for release have been completed in compliance with approved plans and specifications and documenting that the Subdivider's Engineer or his representative has made regular on -site inspections during the course of construction and that the field plans utilized are the same as approved by the County. (2) Any requests for release of funds shall be accompanied when appropriate, by test results as per the Colorado Department of Highway Schedule for Minimum Materials Manual and two (2) copies of "as -built plans" certified by the Subdivider's Engineer showing any and all deviations from the approved plans. Release of disbursements will not occur if the County Engineer determines that deviations are constructed which have not been approved by the County Engineer's office. (3) Any final requests involving fire hydrants shall be accompanied by a letter from the water district that indicates the required water flow pressure is available for each hydrant as required by County regulations. (4) Any final requests for drainage facilities shall be accompanied by "as -built" plans in accordance with the requirements of the County. Said plans shall be reviewed by the City of Fort Collins and accepted by the County. (S) Any final requests for landscaping improvements shall be accompanied by a copy of the approved landscape plan with all deviations from the approved plan listed and shown on the plan. (c) Requests for final release of water and sewer improvements shall be accompanied by a letter of acceptance and maintenance and responsibility by the special district. The request for final release for water and sewer line improvements may be made by the Subdivider at any time and shall be authorized by the County the same day a complete request is submitted. (d) Other utilities, such as electricity, gas, telephone, and television cable, shall not be a part of this Addendum. Each utility shall be responsible for its own inspection and approval work, and payment for that work shall be a separate and distinct obligation of the Subdivider and funds utilized for payment of work directly relating to the installation of electricity, gas, telephone, and cable television have not been included as SDA Improvements. Notwithstanding anything contained herein, the County shall not release the Subdivider from the obligations of the SDA until such time as written documentation is provided to the County that electricity, gas, and telephone services are installed and approved. 2 FIRST ADDENDUM TO SUBDIVISION DEVELOPMENT AGREEMENT AND DEVELOPMENT LOAN AGREEMENT THIS AGREEMENT, effective the day of 20_0_� , by and among the BOARD OF COMMISS16NERS OF LARIMER COUNTY, COLORADO ("the County"); Everline, LLC, A Colorado Limited Liability Company ("the Subdivider"); and First National Bank of Fort Collins ("the Lender"). WITNESSETH: WHEREAS, the Subdivider and the County have, as of Jv 3 20y [_, entered into a Subdivision Development Agreement Relating To eveloper's Obligations in Fossil Lake, P.U.D., Second Filing, in Larimer County, Colorado, (for convenience hereinafter referred to as"SDA"). WHEREAS, the Subdivider desires, and is required, to provide appropriate collateral to secure the Subdivider's obligations pursuant to the SDA. WHEREAS, the Lender and the Subdivider shall agree to enter into a Development Loan Agreement (the "Loan Agreement") within 30 days of execution of this SDA, pursuant to which the Lender shall commit to loan to the Subdivider an amount sufficient to cover acquisition and development, of Fossil Lake, P.U.D., Second Filing, (the "Development Loan") as well as security and collateral for improvements described herein. WHEREAS, a portion of the Development Loan will be used to pay the cost of the construction infrastructure improvements in Phase 1 and 2 as required by the SDA ("the SDA Improvements") in an amount equal to 115% of the total estimated construction costs as described on Exhibit D of the SDA. WHEREAS, the aforementioned SDA Improvements amount will constitute adequate collateral under the SDA. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: Construction Loan Proceeds. (a) The Development Loan proceeds that are identified as SDA Improvements shall be used only for SDA Improvements as specified in the SDA and for no other purpose. Said loan proceeds or any portion thereof shall not be released without prior written approval of the County. If the County determines, in accordance with the provisions of the SDA-or the provisions of this Addendum, that there is a default of the SDA or this Addendum, the Lender, upon written request by the County, shall release and pay to the County within ten (10) days all remaining loan proceeds. (b) In the event that the County determines that a disbursement of Development Loan proceeds by the Lender is authorized pursuant to paragraph 2 hereof, then it shall direct disbursement by executing an "Authorization to Disburse." The "Authorization to Disburse" shall be in the form attached hereto and shall be signed by the Larimer County Director of Planning or his authorized representative. Said Authorization shall be made available to the Subdivider in accordance with the "Request for Disbursement Procedures" as set forth in paragraph 2 hereinafter. (c) In the event that, for any reason whatsoever, the total Development Loan proceeds are insufficient to complete all or any of the Phase I and 2 improvements as designed, neither the County nor the Lender shall have any. liability for payment or completion of the Subdivider's obligations nor to extend the additional funds as Development Loan proceeds or otherwise for said purpose. FOSSIL LAKE 2ND FILING PROJECTED PROJECT COSTS PHASE I AND II SUBDEVELOPMENT AGREEMENT IMPROVEMENTS Earthwork Sanitary Sewer Water Utility Storm Drainage Concrete Ashpalt Paving Erosion Control Miscellaneous Total Improvements (subject to guarantee) OTHER COSTS PAYABLE OUT OF DEVELOPMENT FUNDS: Engineering Water Line Project Supervision Design and Planning Landscaping Utilities: Electical Gas Telephone Interest Land Total: Cost Per Lot (145 total) Total Phase I Phase II $228,090 $206,758 $21,332 315,600 232,420 83,180 345,309 263,705 81,604 66,689 48,036 18,653 463,902 363,772 100,130 524,784 402,824 121,960 55,675 43,700 11,975 57,990 43,390 14,600 $2,058,039 $1,604,605 $453,434 $151,409 83,009 114,623 7,830 75,000 478,500 63,800 14,500 75,000 354,743 $3,476,453 $23,975 c:Mydocs/ACUFL2nd,4-26-01 / ,�� k; 6, 4 b - oo�� ors Eroy)Qn pontrol 1) SEDIMENT TRAP 2) ERO8ION SEED lit MULCH r Miscellaneous +) TYPE III BARRICADES 2) TELEPHONE TRENCHING 9) SLEEVING BUDGET a) SIGNAGE (STREETS) Page 11 of 11 Quinii>Y kafl UnG CQ3] Total Unit 1 EA $500.00 $500.00 13 AC $900.00 $11,700.00 Erosion Control Subtotal $12,200.00 Qwmall Unit Cost Total Urnit 38 LF $60.00 $2,160,00 1 L8 $2,500,00 $2,500,00 1 LS 510,000.00 $10,000,00 3 EA $275.00 $825.00 Miscellaneous SubtotaIr $15,A85.00 Total Phase 4 $373,120.95 0 t Earthwork Qua0dnt uat Unit Coot Iatel Uni! 1 1 ROLLOVER C & G PREP. (*.1/Ft) 2,278 LF $1.60 $3,417.0 2 ) VERTICAL C & 0 PREP. (i.11Ft) 1,312 LF $1.50 $1,988.00 3 1 4.6' WALK PREP. (1.11H) 3,690 LF $1.50 $5,385.00 ,) STREET SUBGRADE PREP. (t.1lFt) 25,383 SY $0.60 $16,217.80 a ) SHAPE & GRADE (Lots) (f.31Ft) 1 LS $6,000,00 $6,000.00 Earthwork Subtotal $30,987.80 S*nitxry 8ewer Ougn y 1101i Ua Cog Total UnK I I TIE -INTO STUB OUT 2 EA $200.00 3400.00 2 ) 8" PVC SEWER MAIN 1,193 LF $25,75 $30,710.75 a ) 48" DIA. MANHOLE 4 EA $1,906.00 $7,620.00 a 1 4" SEWER SERVICE 41 EA 4625.00 $21,625,00 1)) FINAL ADJUST MANHOLE 4 EA $425.00 $1.700.00 Sanitary sewer Subtotal $81,964.76 Water Utlllri Quan INNS UNt Coat 12wupn 1) TIE -INTO EXISTING STUB -OUT 2 EA 3200.00 $400.00 2 1 8" PVC H2o MAIN 1,654 LF $17.85 $27,738.90 a) 8" GATE VALVE 3 EA $835.00 32,505.00 4 ) 314" H2o SERVICE & CURB STOP 41 EA $578.00 $23,578.00 a 15' FIRE HYDRANT A8SY. (GV,T & BL) 1 EA $2.450.00 $2,450.00 s ) FINAL ADJUST VALVE BOX 4 EA $200.00 $800.00 Witter 0111ty Subtotal 1 $57,468.00 Storm Dralnsae Quant!hc I(nl1 Unit Cog Tabil U 1) 24" N-12 PIPE 20 LF $36.00 $700.00 2) 24" N-12 F,E.S. 1 EA $280.00 $250.00 3 1 TYPE L RIPRAP 20 CY $75.00 $1,500.00 Stomt Orslmge Sublotal F $27450.00 COnorete - Quent Im Unit Cott Total Un6 1 I ROLLOVER CURB & GUTTER 2,278 LF $2.80 $21.868.80 2 1 VERTICAL CURB & GUTTER 1,312 LF $9.15 $12,004.60 3) 4.5' DETACHED WALK (41) 3,590 LF $13.20 $47,388.00 �) 20' SQUARE RADIUS WIRAMP 2 EA 41,078.00 $2,150,00 a) 20' ROUND RADIUS W/RAMP 2 EA 3726.00 $1,450.00 e 1 28'x 8' CROSS PAN (8") 1 EA $1,075.00 $1,075.00 Concrete Subtotal F $85,938.60 Asyhaft Pavina Quentl ling Unit C Total U�t I ) MOBILIZATION 1 LS $2,000.00 $2,000.00 2 ) 4" HBP & 7" ABC 6,638 SY $14.65 $96,127.90 I FLY ASH SUPPORT 2.000 SY $4.76 $9,500.00 Paving Subtotal $108,827.90 Page 10 of 11 �) CLEAR AND GRUB 2) STRIP & PLACE 3) CUT/FILL 4) STOCKPILED EXCESS DIRT FROM CHANNI 6) SHAPE & GRADE (Lots) (t.3/Ft) 1 ) ,$form Drainage BOX CULVERT 2) CONCRETE END OF BOX 3) BRICK 4 ) HAND RAIL E ) BURIED RIP RAP 6) GROUTED RIP RAP 7) COBBLES e) BOULDERS QuaD itY ILO 1 LS $500.00 $500.00 2,936 CY $2.00 $8,812.00 6,440 CY $2.76 $14,960.00 11,796 CY $1.76 $20,643.00 1 LS $3,000.00 $3,000.00 Earthwork Subtotal $44,976.00 Quanthy S!Il!I 1 LS $240,000.00 $240,000.00 1 LS $132,000.00 $132,000.00 750 SF $12.26 $9,187.50 180 LF $115.00 $18,400.00 450 CY $76.00 $33,750.00 200 CY $200.00 $40,000.00 40 CY $1D0.00 $4,000,00 60 CY $100.00 $6,000.00 Storm Drainage Subtotal $483,337.50 Total McClelland Channel 1 $528,312.60 0 Earthwork t CLEAR AND GRUB 2) STRIP 8 PLACE 3) CUT/FILL 4) FILL FROM STOCKPILED DIRT FROM LUTHI 5) VERTICAL C 8 G PREP. (3.1/Ft) Is ) & WALK PREP. (t.1/Ft) 7) STREET SUBGRADE PREP. (t.t/Ft) a) BASE'DRIVEWAYS 0) SHAPE 8 GRADE (Lots) (t.3/Ft) Water UIIII t ) TIE INTO 12" MAIN 2 ) 12" PVC H2o MAIN 3 ) 12" ©ATE VALVE 4 ) 24" STEEL CASING a ) FINAL ADJUST VALVE BOX QuantlOt U12 1 L8 33,000.00 83,000.00 3,115 CY $1.50 $4,872.60 486 CY $2.00 $970.00 11,720 CY $1.80 $10,70.40 1.493 LF $1.50 $2,239.50 1,493 LF $1.50 42,239.30 14,070 BY $0.60 $8,442.00 1 LS $500.00 $500.00 1 LS 82,000.00 $2,000.00 Earthwork Subtotal 842,829.90 Low- LTii)),3 , 1 EA $500.00 $500.00 1,040 LF $27.20 $28,288.00 2 EA $1,370.00 $2,740.00 105 LF $45.00 $4,728.00 3 EA $200.00 $800.00 Water Utillty Subtotal 1 438,853.00 Stormnrafnsce Qua0jjn� 11t11iCAI Total Unit 1) 15" C.M.P. 140 LF $30.00 $4,200.00 Storm Drelnage Subtotal F ,200.00 Conorets Quentb L!On UnftCoet TotalUn t ) VERTICAL CURB 8 GUTTER 1,493 LF $9.15 $13,680.95 2 ) 8- DETACHED WALK (41 1,493 LF $17.00 $25,381.00 Connate Subtotal $39,041.95 Asphalt Pavina qU= wa lane Cost Iota) Unit t) MOBILIZATION 1 LS $2,000.00 $2,000.00 2 ) 4" HBP 8 10" ABC 14,070 BY 317.00 $239,190,00 3 ) FLY ASH SUPPORT 3,500 BY $4.75 $16,625.00 41 STRIPING 1 LS $13.000.00 $13,0W.00 Pavinp Subtotal b270,815.00 Mlsosflamuo Quant ja 1OLQW Iota[ Unh i) TYPE III BARRICADES 60 LF $80.00 $3,600.00 2) REPLACE FENCE 1,600 LF $2.00 $3,000.00 3 ) REPLACE MAILBOXES 3 EA 330.00 $90.00 Miscellaneous Subtotal $67i90.00 Total C,R, 38 $400,429.85 Pape 8 of !1 Qonerot 9111flib Ltnit Unft Cott IQS11 Mtn$ �) ROLLOVER CURB & GUTTER 2,051 LF $9.60 $19,(389.80 2 ) VERTICAL CURB & GUTTER 2,917 LF $9.15 $28,890.55 3 ) OUTFLOW CURB & GUTTER 388 LF $9.15 $3.531.90 4) 4.5' DETACHED WALK (4") 3,962 LF $13.20 $52,298.40 5 ) 5' DETACHED WALK (4") 1,006 LF $14.40 $14,486.40 9 ) 20' SQUARE RADIUS W/RAMP 4 EA $1.075.00 $4,300.00 7) 25' SQUARE RADIUS W/RAMP 2 EA $1,250.00 $2,500.00 a ) 20' ROUND RADIUS W/RAMP 2 EA $725.00 $1,450.00 D ) 25' ROUND RADIUS W/RAMP 8 EA $1,000.00 $8,000.00 10) 5' SIDEWALK CULVERT 1 EA $2,550.00 $2,580.00 11 ) 10'SIDEWALKCULVERT 2 EA $5,110,00 $10,220,00 12 ) 12' SIDEWALK CULVERT 1 EA $8,130.D0 $8,130.D0 13) 15' SIDEWALK CULVERT 1 EA $7,650.00 $7,650.00 14) 28'x 8' CROSS PAN (811) 3 EA $1,075.00 $3,225.00 15) 28'x 12' CROSS PAN (811) 1 EA $1,600.00 $1,600.00 1e) MIDBLOCK RAMPS 2 EA $535.00 $1,070.00 Concrete Subtotal $185,421.85 8anhaft Payino Quanfity U!]!t Unk Cost TQ(p( = 1) MOBILIZATION - 1 LS $2,000.00 $2,000.00 2) 4.5" HBP & 9" ABC 2,730 SY $17.10 $48,683.00 3 ) 4" HBP & 8" ABC 3,816 SY $15.15 $57,842.70 4 ) 4" HBP & 7" ABC 3,604 .SY $14.55 $52,438.20 o ) FLY ASH SUPPORT (If needed) 3,000 SY $4.75 $14,250,00 Paving Subtotal $173,213.90 Erosion Consrol Quenlity Vnj Unh CQ11 Total Unit 1 ) INLET PROTECTOR 1 EA $300.00 $300.00 2) 10' SIDEWALK CULVERT FILTER 1 EA $150.00 $150,00 3) SEDIMENT TRAP 3 EA $500.D0 $1,500,00 4 ) EROSION SEED & MULCH 17 AC $900.00 $16,300.00 Erosion Control Subtotal $17,250.06 M►saeilaneoua Quality )= Unit C0a1 Total Unit 1 ) TYPE III BARRICADES 38 LF $60.D0 $2,1(10,00 2) TELEPHONE TRENCHING BUDGET 1 LS $3,000.00 $3,000.00 3) SLEEVING BUDGET i LS $21,000.00 $21,000.00 4) SIGNAGE (STREETS) 8 EA $275.00 $2,200.00 Miscellaneous Subtotal $26,360,00 Total Phase 9 $774.249.55 Pape T of 11 p Earthwork + ) CLEAR AND GRUB 2 ) STRIP & PLACE (Ph. 3&4) 3 ) CUT/FILL (Ph. 3&4) 4 ) STOCKPILE EXCESS DIRT FOR SWIFT 0 ) ROLLOVER C & 0 PREP. (3.1/Ft) 0 ) VERTICAL C & G PREP. (t. t/Ft) 7) OUTFALL C & G PREP. (i1/Ft) s > 4.5' WALK PREP. (t.1/Ft) v) V WALK PREP. (t.1/Fi) 10) STREET SUSORADE PREP. (t.1/Ft) t+) SHAPE & GRADE (Lots) (t.3/F0 Sanitary Sower + ) TIE -INTO EX. MANHOLE 2 ) 8" PVC SEWER MAIN 7 ) 46" DIA. MANHOLE 4 > 4" SEWER SERVICE s) FINAL ADJUST MANHOLE Water Utility + > TIE INTO 12" MAIN 2) 8" PVC H2o MAIN �) 8" GATE VALVE 4) 3/4" H2o SERVICE & CURB STOP e) 6' FIRE HYDRANT ABBY. (GV,T & BL) t) RELOCATE EX. TEMP, HYDRANT 7 ) FINAL ADJUST VALVE BOX Storm Dralnaw 1 ) 30" CLASS 3 R.C.P. 2 ) 30" RCP FLARED END SECTION 3) 24" x 38" CLASS 3 H.E.R.C.P. 4 ) 24" x 38" HERCP F.E.S. a ) 29" x 48" CLASS 3 H.E.R.C.P. e ) 29" x 46" HERCP F.E.S. 7 ) TYPE L RIPRAP e ) WATER QUALITY INLET 9 ) CONCRETE OVERFLOW WEIR +o) CONCRETE ENCASEMENT 30" RCP 1+ ) CONCRETE ENCASEMENT 24"X38" HERCP 12) CONCRETE ENCASEMENT 29%45" HERCP Pago a of 11 1 LS $1,600.00 $1,600.00 14,982 CY $0.95 $14,232.90 7,696 CY $1.46 $11,169.20 60,397 CY $1.00 $68,397.00 2,061 LF $1.60 $3,076.60 2,917 LF $1.60 $4,376.60 388 LF $1.50 $670.00 3,982 LF $1.60 $5,943.00 1,006 LF $1.60 $1,609.00 10,162 SY $0.80 $8.091.20 1 LS $6,600,00 $0,500.00 Earthwork Subtotal $777,353.30 QuenttiY 1lNS UnR Cost Total Unit 1 EA $2,000.00 $2,000.00 2,434 LF $26.75 $62,675.50 14 EA $1,906.00 $26,670.00 40 EA $826.00 $21,000.00 14 EA $425.00 $5,950A0 SanrtarySewer Subtotai $118,298.50 Quan tY Unit 1 EA $500.00 $500.00 3,050 LF $17.86 $54,442.50 12 EA $835.00 $10,020.00 40 EA $575.00 $23,000.00 2 EA $2,450.00 $4,900.00 3 EA $1,188.00 $3,655.00 17 EA 11200.00 $3,400.00 Water Wily Subtotal $89,817.60 QuantIt U2 UnIt Cost Tn 21 Unit 83 LF 444.60 $3,893.50 2 EA $516.00 $1.030.00 185 LF $66.00 $12,026.00 4 EA $626.00 $2,100.00 104 LF $76.00 $7,004,00 2 FA $760.00 $1,600.00 266 CY $76.00 $19,676.00 1 EA $2,000.00 62,000.00 1 EA $3,700.00 $3,700.00 20 LF W.00 $1,260.00 40 LF $86.00 $2,800.00 20 LF $100.00 $2,000.00 Storm Dralnapr Subtotal $80,527.60 Asphalt Paving 1) MOBILIZATION 2) 4"HBP&7"ABC 3) FLY ASH SUPPORT (It needed) Eroe(on Control 1) V GRAVEL INLET FILTER 2) 10' GRAVEL INLET FILTER 3) EROSION SEED & MULCH lblaosllansouf 1 ) TELEPHONE TRENCHING BUDGET 2) SLEEVING BUDGET 3) SIGNAGE (STREETS) Pepe 5 of If Quit 1It = 1 LS $2,000.00 $2,000.00 7,890 BY $14.00 6110,460.00 2,000 BY $4.75 $9,500.00 Paving Subtotalr7ij21,960.00 Quanin .i1011 1 EA $126.00 $125.00 1 EA wo.00 $150.00 13 AC $900.00 $11,700,00 Erosion Control Subtotal $11,975.00� Q4yn1)ty " 1 LS $3,000.00 $3,000.00 1 LS $10,500.00 $10,500.00 4 EA $275.00 $1,100.00 Miscellaneous Subtotal $14,6W,00 Total Phate 2 $453,433,20 fig[$ 4uantmc tlnll Unft Cost Total Unit 1 ) ROLLOVER C & G PREP, (t,1/Ft) 3,686 LF $1.60 $5,709.00 2) 4.5' WALK PREP. (t.t/Ft) 3,888 LF $1.60 $5,709.00 3) STREET SUBGRADE PREP. (t.i/Ft) 7,890 SY $0.60 $4,734.00 4) SHAPE & GRADE (Lots) (t.3/Ft) 1 LS $5,000.00 $5,000.00 Earthwork Subtotal $21,332.00 Sanitary §jwv Quentlty jjn� Unllcost Total Unit 1 ) TIE -INTO STUB OUT 2 EA $200.00 $400,00 2) 8" PVC SEWER MAIN 1,553 LF $26.75 $39,989.75 3) 48" DIA. MANHOLE 8 EA $1,905.00 $15,240.00 4 ) 4" SEWER SERVICE. 46 EA $526.00 $24,150.00 6 ) FINAL ADJUST MANHOLE 6 EA $425.00 $3,400.00 Sanitary Sewer Subtotal $83,170.751 Waver Utellty Quantity M2 Unh Cost Total Unit 1 ) TIE -INTO EXISTING STUB -OUT 2 EA $200.00 $400.00 2) 8" PVC H2o MAIN 2,119 _ LF $17.86 $37,824.15 3) 8" GATE VALVE 6 EA $835.00 $5,010.00 4) 3/4" H2o SERVICE & CURB STOP 46 EA $575.00 $26,450.00 5) 5' FIRE HYDRANT ASSY, (GV,T & BQ .3 EA $2,450.00 $7,350.00 6) RELOCATE EX. TEMP. HYDRANT 2 EA $1.185.00 52,370.00 7 ) FINAL ADJUST VALVE BOX 11 EA $200.00 $2,200.00 Water Utility Subtotal D81,604.15I Storm Dralrraoe Qua MI y Slnit Unit Co et Total Unh 1 ) 18" N-12 PIPE 165 LF $26.50 $4,702.50 2) 18" ADS FLARED END SECTION 1 EA $200.00 $200.00 3) 5' TYPE R INLET 1 EA $2,850.00 $2,650.00 4 ) TYPE L RIPRAP 10 CY $75.00 $750.00 t+) TYPE M RIPRAP 115 CY $90.00 $10,350,00 Storm Dralna®a Subtotal $18,652.50 Concrete avant Unh Cost Total Unh �) ROLLOVER CURB & GUTTER 3,666 LF $9.60 $37,113.60 2) 4.5' DETACHED WALK (4") 3,888 LF $13.20 $51,031.20 3 ) 20' SQUARE RADIUS W/RAMP 4 EA $1,075.00 $4,300.00 4 ) 20' ROUND RADIUS WR2AMP 4 EA $725.00 $2,9W.00 5 ) 10' SIDEWALK CULVERT 1 EA $2,035.00 $2,635.00 B ) 28'x 8' CROSS PAN (B') 2 EA $1,075.00 $2,160.00 Concrete Subtotal $100,129.80 Pasye 4 of 11 t 9grionsto I) VERTICAL CURB & GUTTER 2) ROLLOVER CURB & GUTTER 3) 4.6' DETACHED WALK (4") 4 ) 5' DETACHED WALK (4") 6 ) 20' 6QUARE RADIUS W/RAMP o) 26' SQUARE RADIUS W/RAMP 7 ) 20' ROUND RADIUS W/RAMP 8 ) 2T ROUND RADIUS W/RAMP G ) 28'x 8' CROSS PAN (8") Io) 32'x 8' CROSS PAN (8") 11 ) MIDBLOCK RAMP Asnhak Paving 1 ) MOBILIZATION 2 ) 4.8" HBP & 9" ABC 3 ) 4" HBP & B" ABC 4) 4" HBP & 7" ABC a ) FLY ASH SUPPORT (it needed) Eralon Control 1 ) SEDIMENT TRAP 2) SILT FENCE 3) EROSION SEED & MULCH mival1anaoua 1 ) TYPE (11 BARRICADES 2) TELEPHONE TRENCHING BUDGET 3) SLEEVING BUDGET 4) SIGNAGE (STREETS) Pogo 3 of 11 6,975 LF $9.16 $54,671.26 7,502 LF $9.60 $72,019.20 11,777 LF $13.20 $165,458.40 1,700 LF $14.40 $24,480.00 26 EA $1,075.00 $27,950.00 2 EA $1,250.00 32,500.00 2 EA $725.00 $1.460.00 6 EA $1,000.00 $6,000.00 11 EA $1,075,00 $11,825.00 3 EA $1,225.00 83,675.00 7 EA 3835.00 $3,745.00 Concrots Subtotal F $363,771.86 Qumim halt 1 LS $2,000.00 $2,000.00 3,715 BY $18.90 $62,783.50 11,760 BY $14.65 $171,106.00 9,888 BY 314.00 $138,432,00 6,000 BY 64.75 $26,500.00 Paving Subtotal $402,823,80 Quent W 'Unit Co u 112111W t 2 EA $800.00 $1,000.00 1,800 LF $2.50 $4,000.00 43 AC $900.00 $38,700.00 Eroelon Control Subtotal F$43,700.00 •�:,w —T,�- 144 LF $60.00 88,040.00 1 L6 $7,000.00 $7,000.00 1 LS $25,000.00 $26,000.00 10 EA $276,00 $2,780.00 Miscellaneous Subtotal $43,390.00 Total Phaaa ! $1,604,805.85 i EXHIBIT D FOSSIL LAKE P.U.D., SECOND FILING CONSTRUCTION INFRASTRUCTURE IMPROVEMENTS Earthwork I ) CLEAR AND GRUB 2) STRIP & PLACE (Ph. 1&2) 3 ) CUT/FILL (Ph. 1&2) 4) REPLACE DIRT BORROWED FOR FILING 1 e) STOCKPILE EXCESS DIRT FOR SWIFT e ) ROLLOVER C & G PREP. (t:1/Ft) 7) VERTICAL C & G PREP. e ) 4.5' WALK PREP. (t.1/Ft) 9) 5' WALK PREP. (t.1/Ft) 10) STREET SUBGRADE PREP. (t.1/Ft) 11) SHAPE & GRADE (Lots) (t.3/Ft) SanifAfY StO 1 ) TIE -INTO EX. MANHOLE 2 ) 8" PVC SEWER MAIN 3) 48" DIA. MANHOLE 4 ) 4" SEWER SERVICE a) FINAL ADJUST MANHOLE Water Willty 1 ) TIE -INTO EXISTING STUB -OUT 2) 8" PVC H2o MAIN 3) 6" GATE VALVE 4 ) 3/4" H2o SERVICE & CURB STOP e ) 5' FIRE HYDRANT ASSY. (GV,T & 8L) 6) RELOCATE EX. TEMP. HYDRANT 7 ) TEMPORARY HYDRANT ASSY. (GV) e ) FINAL ADJUST VALVE BOX $t4M Drainigs +) 29" x 45" CLASS 3 H.E.R.C.P, 2) 29" x 45" HERCP F.E.S. 3) TYPE L RIPRAP 4) WATER QAULITY INLET B) CONCRETE ENCASEMENT RCP 0) CONCRETE OVERFLOW WEIR page 2 of 11 Quanut tlnit 1 LS $2,500.00 $2,5W.00 31,000 CY $0.95 $29,460,00 38,465 CY $1.45 $52.874.25 20,070 CY $1.45 $29,101.50 24,683 CY $1.00 $24,883.00 7,502 LF $1.60 $11,253.00 5,975 LF $1.50 $8,962.50 11,777 LF $1.50 $17,685.50 1,700 LF $1.50 $2,550.00 25,363 SY $0.60 $16,217.80 1 LS $12,500.00 $12,500.00 Earthwork Subtotal §206,757.56 .Qusnlltx M2 4 EA $2,000.00 $8.000.00 4,747 LF $25.75 $122,235.25 22 EA $1,905.00 $41,910.00 07 EA $526,00 $60,925.00 22 EA $425,00 $0,350.00 Sanitary Sewer Subtotal 5232,420.26I Quantity QL% Unh Cott Total Unk 2 EA $200.00 $400.00 7,942 LF $17.85 $141,764.70 28 EA $835.00 $23,380.00 97 EA $575.00 $55,775.00 9 EA $2,450,00 $22,050.00 1 EA $1,185.00 $1,185.00 7 EA $1,450.00 $10,150.00 45 EA $200.00 $9,000.00 Water utlllty Subtotal $263,704.70 Quenfllr " 268 LF $76.00 $21,888.00 4 EA $760.00 $3,000.00 190 CY $75.00 $14,250.00 1 EA $2,QW.00 $2,900.00 20 LF $10D.00 S2,000.00 1 EA $4,000.00 $4,000,00 Storm Dralnage Subtotal $48,038.00 EXHIBIT C PROPERTY DESCRIPTION Fossil Lake P.U.D., First Filing, South Property A parcel of land being part of the Northeast Quarter (NE1/4) of Section Twenty (20), Township Six North ('1'.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of I.arimer, State of Colorado and being more particularly described as follows: BEGINN NG at the Northeast Corner ofsaid Section 20 and assuming the East line of'said NE1/4 as bearing South 01 °43'04" East a distance of 2662.69 feel with all other bearings contained herein relative thereto: THENCE South 01 °43'04" East along said East line a distance of 2662.69 feet to the East Quarter Corner of said Section 20; THENCE South 87024'14" West along the South line of said NE114 a distance of 2374.74 feet to the Southeast Comer of that parcel of land as described as the exception for a reservoir site and right-of-way for ditch amounting to 24 acres in Book 1124 on Pape 207 as recorded September 7, 1960 in the records of the Larimer County Clerk and Recorder (LCCR); Thence long the Easterly and Southerly lines of the aforesaid parcel of land by the following Five (5) courses and distances: THENCE North 38°26'46" West a distance of 329.49 feet; THENCE North 02011'46" Wcst a distance of 15D2.00 feet; THENCE South 81°41'46" East a distance of 370.00 feet; THENCE North 69044' 14" East a distance of 429.00 feet; THENCE North 12009'14" East a distance of 859.00 feet to the North line of said NE1/4; THENCE North 87'19'02" East along said North line a distanccc of 1607.25 feet to the POINT OF BEGINNL G. Said described parcel of land contains 138.884 Acres, more or less (�:) and is subject to any rights -of' -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. %J v Property Description (continued) Said described parcel of land contains 88.119 Acres, more or less (±) and is subject to any rights -of - way or other casements as granted or reserved by inslrumcnts of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. Charles B. Jo s .= 098 .v -O Colorado Regie�d.profcssio Laud Surveyor #2 (LAND KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970)686-5011 Project Number: 99358 (rile: bndry-a.txt) Page 2 of 2 (January 20, 2000) EXHIBIT B PROPERTY DESCRIPTION Fossil Lake P.U.D., Second Filing A parcel of land being part of the Northwest Quarter (NE►/4) Section Nine (9), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 9 and assuming the West line ofsaid NW IM as bearing North 00,001101, West,a distance of 2643.82 feet with all other bearings contained herein relative thereto: THENCE North 00000,101, West along said West line a distance of 1869.44 feet to the Southwest Corner of that parcel of land as recorded September 23, 1993 as Reccption Numbcr 93070898 of the records of the LCCR; THENCE South 87°59'40" East along said Southerly line a distance of 33.02 feet to the Easterly ROW line of Larimer County Road 49 (LCR99). Said point being the TRUE POINT Of BEGINNING. Said point being on the Northerly line of Fossil Lake PUD First Piling (FLPUDFF) as recorded June 7, 1999 as Reccption Numbcr 99049835 of the records of the Larimer County Clerk and Recorder (LCCR): Thcnce along the Southerly and Easterly line of the aforesaid parcel of land by the following Two (2) courses and distances: THENCE continuing South 87°59'40" East a distance of 999.78 feel; THENCE North 02°00'20" East a distance of 77391 feet to the Northeast Corner of the aforesaid parcel of land. Said point being on the Northerly line of said NW 1/4; THENCE South 87°59'40" East along the North line of said NW 1/4 a distance of 1599.47 feet to the North Quarter Corner of said Section 9; THENCE South 00°00'42" West along the East line of said NE 1/4 a distance of 2357.03 feet to the Northeast Corner of that parcel of land as recorded October 19, 1994 as Reccption Number 94085271 of the records of the LCCR; THENCE North 88°05'14" West along said Northerly line a distance of 975.49 feet to the East line of Fossil Lake PUD First Piling (FLPUDFF) as recorded June 7, 1999 as Reccption Numbcr 99049835 of the records of the Larimer County Clerk and Recorder (LCCR): Thence along the Easterly and Northerly line of said FLPUDFF by the following "fweivc (12) courses and distances: THENCE North 01 °54'47"East a distance of 110.07 feet; THENCE North 60°02'33" West a distance of 398.77 feet; THENCE North 29°57'27" East a distance of 342.00 feet; THENCE North 60°02'33"' West a distance of 16.00 feet; THENCE North 29°57'27" East a distance of_191.75 feet; THENCE North 60°02'33" West a distance of 98.85 feet; THENCE South 29°57'27" West a distance of 11.25 feet; THENCE North 60002'33" West a distance of 942.93 feet; THENCE South 07°29'31" West a distance of 155.69 feet to the Northerly ROW line of Shallow Pond Drive and being the beginning point of a curve. The aforesaid line being i,adial to said curve; Thence along said Northerly ROW line by the following Three (3) courses and distances: THENCE along the Arc of a curve which is concave to the South a distance of 35.12 feet, whose Radius is 268.50 feet, whose Delta is 07°29'41 ", and whose Long Chord bears North 86' 15'20" West a distance of 35.10 feet to the Point of Tangency (PT); THENCE South 89°59'50" West a distance of 581.60 feet to a PC: THENCE along the Arc of a curve which is concave to the Northeast a distance of 23.56 feet, whose Radius is 15.00 feet, whose Delta is 90100'00", and whose Long Chord bears North 45°00'10" West a distance of21.21 feet to the Point of Tangency (PT) and being a point on the Easterly ROW line of said LCR#9; THENCE North 00'00' 10" West along said Easterly ROW line a distance of 489.05 feet the TRUE POINT OF BEGINNING. Page I of 2 Properry Description (continued) Fossil Take PUD First Filing THENCE- North 89040'00" West (Rcc. North 89'40' West) a distance of 7.98 feet; THENCE South 07°25'00" West a distance of 185.00 feet (Rce. South 07*25' West, 185 feet); THENCE South 32°40'00" Fast a distance of 138.00 feet (Rcc. South 32040' East, 138 feet); THENCE South 14°00'00" West a distance of 370.00 feet (Rec. South 14°00' West. 370 feet); THENCE South 04°30'00" West a distance of 212.00 feet (Rcc. South 04°30' West, 212 feet); THENCE South 01 *10'00" West a distance of 253.25 feet (Rec. South 01 ° 10' Wcst, 283 feet to the South line of the Southwest Quarter (SW 1/Q of said Section 9; 'r111ENCE South 88°06'37" East along said South line a distance of 18.06 feet to the Northeasterly Comer of that parcel of land described as being part of the NW 1/4 of Section 16 and described in that document as recorded May 5, 1997 as Reception Numbcr 97027822 of the records of the LCCR; Thcnce along the Easterly and Southerly lint of the aforesaid parcel of land by the following Fourteen (14) courses and distances: THENCE South 66111'33" West a distance of 139.18 feet (Rec. North 66°57' East, 155 feet); THENCE South 39°07'33" West a distance of 291.00 feet (Rcc. North 89°53' East, 291 feet); THENCE South 69°01'33" West a distance of 399.00 feet (Rec. North 69047' East, 399 feet); TIIENCE South 23°00'33" West a distance of 225.00 feet (Rea North 23046' East, 225 feet); THENCE South 1 1 ° 15'27" East a distance of 231.00 feet (Rcc. North 10°30' Wcst, 231 feet); THENCE South 33128'27" East a distance of 230.00 feet (Rec. North 32°43' West, 230 feet); THENCE South 66°10'27" East a distance of 290.00 feet (Rcc. North 65125' West, 290 feet); THENCE South 79° 13'27" East a distance of 202.00 feet (Rec. North 78028' West, 202 feet); THENCE South 03°01'27" East a distance of 154.00 feet (Rcc. North 02116' West, 154 feet); THENCE South 27'56'33" West a distance of 316.00 feet (Rec. North 28°42' Fast, 316 fcct); THENCE North 67*5127" Wcst a distance of 242.00 feet (Rcc. South 6706' East, 242 feel); TIiENCENorth 81°37'27" West a distance of489.00 feet (Rec. South 80°52' East, 489 fed); THENCE North 60158'27" West a distance of 301.00 feet (Rec. South 60013' East, 301 feet); THENCE North 66*16'27" West a distance of 701.00 feet (Rec. South 65*31" East, 701 feet) to the West line of the NW 1/4 of said Section 16; THENCE North 00'14'33" East along the West line of said NWIA a distance of 892.00 feet (Rcc. South 01*00' West, 892 feet) to the Northwest Corner of said Section 16, also being the Southwest Comer of said Section 9; THENCE North 00107'50" East along the Wcst line of the Southwest Quarter (S W 1/4) of said Section 9 a distance of2645.33 feet to the POINT OF BEGINNING. Said described parcel of land contains 199.545 Acres, more or less (-) and is subject to any rights -of -way or other easements as granted or reserved by instruments of record or as now exis-dng on said described parcel of land E,VuIBIT A PROPERTY DFSCRIPTIOtY Fossil Lakc PUD First Filing North Property A parcel of laud being part of the West Half (W1/2) of Section NLtc (9), and part of the Northwest Quarter (NW 1 /4) ot'Section Sixteen (16), all in Township Six North (T.6N.), Range Sixty-eight West (RR68 W.) of the Sixth Principal Meridian (6th P.M.), County of Larimcr, State of Colorado and being more particularly described as follows: BEGLNNING at the West Quaver Corner of said Section 9 and assuming the West line of the Northwest Quarter (NW I/4) of said Section 9 is bearing North 00'00'10" West (Rec. North 00002'32" East) a distance of 2643.82 feet with all other bearings contained herein relative thereto: THENCE North 00'00'10" West along said West line a distance of 1869.4-4 feet (Rec. North 00002'32" Past, 1869.49 feet) to the Southwest Comer of the parcel of land recorded as Rcception Numbcr 93070898 of the records of the Larimer County Clerk and Recorder (LCCR); THENCE South 87'59'40" Last (Rec. North 875707" West) along the South line of the aforesaid parcel of land a distance of 33.02 feet; THENCE South 00'00'10" East a distance of489.05 feet to a Point of Curvature (PC); THENCE along the Arc of a curve which is concave to the Northeast a distance of 23.56 feet, whose Radius is 15.00 feet, whose Delta is 90'00'00", and whose Long Chord bears South 45'00'10" East a distance of 21.21 feet to the Point of Tangency: THENCE North S9"59'50" Last a distance of 581.60 feel to a PC; TNFNCE along the Arc ofa curve which is concave to the South a distance of 35.12 feet, whose Radius is 268.50 feet, whose Delta is 07'29'41", and whose Long Chord burs South 86'15'20" East a distance of 35.10 feet; THENCE North 07'29'31" East along a line radial to the aforesaid curve a distance of 155.69 feet; THENCE South 60'02'33" East a distance of 942.93 feet; THENCE North 29'57 27" East a distance of 11.25 feet; THENCF, South 60'02'33" East a distance of 98.85 feet; THENCE: South 29'57'27" West a distance of 191.75 feet; THENCE South 60'02'33" East a distance of 16.00 feet, • IIL-'NCi? South 29'57'27" West a distance of 342.00 feet; THENCE South 60'02'33" East a distance of 398.77 feet; THENCE South 01'54'47" West a distance of 110.07 feet to the Northerly line of that parcel of that land as recorded October 19, 1994 as Reception Number 94085271 of the records of the LCCK; Thence along the North and West Zinc of the aforesaid parcel of land by the following Two (2) courses and distances: THENCE North 88'05' 14" West (Rcc. South 88002'40" East) a distance of 277.16 feet; THENCE South 00'00'42" West a distance of 282.47 feet (Rec. North 00003'15" East. 282.47 lect) to the Northwest Comer of that parcel of land as recorded April 17, 1991 as Reception Number 91015652 of the records of the LCCR;' ' THENCF. South 51'30'51 " East along the Westerly line of the aforesaid parcel of land a distance of 561.47 feet (Rec. North 51 `28'18" West. 561.47 feet) to the Northwesterly Corner of that parcel of land as recorded hmc 15, 1992 as Reception Number 92033792 pf the records of the LCCR; Tncncc along the Wcstcrly floc of the aforesaid parcel of land by the following Two (2) courses and distances: THENCE South 00'00'42" Rest a distance of 1033.88 feet (Rec. North 00'03'15" Fast, 1033.58 fee:); T *-.Nj CF. South 50040'08" East a distance of248.66 feet (Rec. North 50'37'35" West, 258.87 feet) to the Northwesterly line of that parcel of that land as rccordcd August 1, 1903 in Book 180 on Page 261 of the records of the LCCR; Thence along the Northwesterly and Westerly line of the aforesaid parcel of land by the following Six (6) courses and distances: IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of--` 2004_. OWNER -DEVELOPER: EVERLINE, LLC, A Colorado Limited Liability Company BY: Double E&G, c., M ,,A C a o Corporation By: David verittPresident = 84` a F LIBLIv STATE OF COLORADO ) .......- ss. OFF COUNTY OF LARIMER The foregoing instrument was acknowledged before me this � day of , 2061 , by � � &,,et as Q�,a,� of tx,"ce#G, SZro4,eao.4:�gU IV �ir2s,Piue L�-G . Witness my hand and official seal. My Commission Expires: Notary Public LARIMER COUNTY: LARIMER COUNTY BOARD OF COU TY CO ISSIONERS ATTE T: By. / Chair to the Board Deputy Clerk STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing ins ent was acknowledged before me this'` day of 20_a�_, by T %�����i_t as ial seal. / t Notary Public 12 22. Transfer of Property: This Agreement is intended to provide for the orderly construction of structures and other improvements on the property. Those owners of the property or any portion thereof who obtain title subsequent to date hereof, or persons holding under Developer or subsequent owners, shall comply with the terms hereof and the County and any successor town or city may enforce this Agreement against such subsequent owners and those holding under them. In the event the Developer transfers title to the property and is thereby divested of all equitable and legal interest in the property, the Developer shall be released from liability under this Agreement with respect to any breach of the terms and conditions of this Agreement occurring after the date of any such transfer of interest. In such event, the succeeding property owner shall be bound by the terms of this Agreement. 23. Notation and Recordation: The Developer shall note on the final subdivision plat, as a plat note, the existence of this Agreement by reference to Reception Number and Film Number as recorded by the Larimer County Clerk and Recorder. The Developer shall note on the final subdivision plat the body responsible for maintenance of roads or other public facilities. The Developer shall file for recording with the Larimer County Clerk and Recorder this Subdivision Development Agreement, deeds and/or any other documents required as part of the approval by the Board of County Commissioners of the above referenced PUD. 11 mailing the same certified mail to the address stated herein. Said notice shall designate the date, time and place the Board of County Commissioners will conduct a hearing to consider vacation of the plat. Said 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 described in the Larimer County Subdivision Resolution or Colorado State Statutes for a violation of the state or local subdivision regulations, including withholding building permits. 19. Infrastructure Maintenance: a) Larimer County and the City have agreed in the Intergovernmental Agreement for the Fort Collins Urban Growth Area ("Intergovernmental Agreement") that the City will assume routine maintenance and inspection of public improvements. b) Upon the expiration of the warranty (2 years from the date of final acceptance of completion of each construction infrastructure category of improvement and in accordance with 117 of this Development Agreement), the maintenance of the public improvements identified in the approved utility plans shall be the responsibility of the City of Fort Collins, in accordance with the Intergovernmental Agreement. If the City fails or refuses to perform its inspection or maintenance obligation, the County agrees that it will cooperate with the Developer to compel performance by the City of its maintenance and inspection obligations in connection with this development. 20. Issuance of Building Permits: (a) For the purposes of this Agreement, "Building Permit" shall mean any permit to begin work .to construct a building on the site, including permits for footings and foundations. Unless otherwise described, the Developer acknowledges and agrees that Building Permits --for individual lots shall only be issued after installation of water and sewer facilities, successful inspection of subgrade, application and inspection of aggregate road base surfacing, as well as any necessary storm drainage or detention facilities, and drainage improvements, immediately adjacent to the lot for which a Building Permit is sought. Larimer County may restrict the issuance of building permits or Certificates of Occupancy if construction is not in compliance with an approved schedule, to be agreed upon by the Developer and the County. Furthermore, the Larimer County Planning Director may adjust the number of permits allowed in Paragraph 10 if, in the sole discretion of the Director, additional permits could be allowed. 21. Periodic Review: Larimer County may conduct periodic reviews of the status of the development, which is the subject of this Agreement, said review to occur at least annually. 10 Qr- 17. Inspection: (a) No construction shall commence without written approval of the County Engineer following a pre -construction meeting scheduled by the County Engineer. Pre - construction meetings and written approval of the County Engineer are required before commencing construction of improvements in any of the four (4) phases. Developer shall supply the County a schedule of construction and shall notify County of commencement of construction. County Engineer shall notify the City of Fort Collins of the pre - construction meeting, supply the City with a copy of the construction schedule, and shall notify the City of the date of commencement of construction. (b) Inspections of installations of improvements shall be performed by the City of Fort Collins engineering construction inspectors. There shall be no fees paid by the Developer for said inspections. Said inspectors 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. In the event there is a dispute over the decisions made by the field inspectors, the Developer shall promptly notify in writing the City Engineer about the dispute. The City Engineer shall convene a meeting between the Developer, the City Engineer and the County Engineer within two (2) business days of receipt of the notice. Said dispute shall be resolved at this meeting by the County Engineer. If the County Engineer determines that the work is not in compliance, it shall be corrected by the Developer within the time frame set by County Engineer, and if not so corrected, the County Engineer may declare the Developer in default of thisAgreement, and the Addendum. 18. Default/Enforcement: Upon default of the provisions of this Subdivision Development Agreement and/or the Addendum the parties agree that this Agreement may be specifically enforced by either party or either party may proceed in any other manner authorized by law for a breach of contract. The remedies set forth herein are cumulative and the election to use one shall not preclude use of another. In the event of default by either party, such party agrees to pay all expenses incurred by the other partyoccasioned by said default, including, but not limited to, a reasonable expense for attorney's fees in enforcing this Agreement. In addition, the County may: (a) Demand payment under the Development Loan and use the proceeds to complete the improvements specified herein. Nothing herein shall be construed as requiring the County to complete all of the improvements specified herein in the event the proceeds of such Development Loan are not sufficient to finance all the improvements. (b) Issue a written notice to Developer to appear and show cause why the subdivision plat shall not be vacated. Giving the notice shall be deemed complete upon Oj a In order to insure compliance with the above requirements, Developer shall deliver to County for each phase and prior to commencement of construction of improvements in such phase, a development loan Addendum in a form satisfactory to County. The Addendum shall be executed by Developer, Developer's lender, and the Board of County Commissioners. The Addendum shall specify that it is an Addendum to this Agreement and shall include the provisions outlined in subparagraph (a) through (f) above and such other terms and conditions as the County deems necessary and appropriate for operation and application of the development loan as collateral for proper and timely construction of the improvements. The purpose of the collateral provided by Developer hereunder is to guarantee that sufficient funds are available for the completion and warranty of the improvements described. The collateral shall be returned to Developer pursuant to the Addendum and the County regulations and policies for subdivision improvements agreements and requests for release of collateral. In the event of a conflict between the Addendum and County regulations and policies, the terms of the Addendum shall control. < Ten (10) days prior to the request for Release of Collateral, the City shall be notified of the request. The City shall schedule an on -site walk through inspection within five (5) days of being notified. Within five (5) days of said inspection, City shall provide the County Engineer with a letter of acceptance of improvements and acceptance to maintain said improvements. In the event improvements are not acceptable, City shall provide a written description of the deficiencies that do not meet the plans and specifications to the Developer and the County Engineer. Developer shall make whatever modifications are necessary to overcome said deficiencies and shall then notify City and County requesting re -inspection. Re -inspection and approvals shall follow the time line as described above. In the event that any portion of the work and improvements have not been made, installed, completed or performed by the date in paragraph 5 above, the County may have such remaining work and improvements completed in such means and in such manner, by contract with or without public letting, or otherwise, as it may deem advisable, and the County shall be entitled to use the aforementioned collateral for this purpose. In the event the collateral is not sufficient to complete the improvements required to be constructed or installed, the County shall be entitled to payment of such excess in any way permitted by law. The liability of the institution issuing the Development Loan shall not, however, exceed the face amount thereof. The County's consent to release collateral shall not be considered as an acceptance of such improvements by the County for maintenance purposes unless the County indicates otherwise. The procedures for completion of improvements and work by the County and reimbursement to the County from the collateral shall apply whether there be one or more defaults, or a succession of defaults on the part of the Developer in performing the terms, conditions and covenants contained in this agreement. rl regulations and policies for subdivision improvements, agreements and requests for release of collateral. County agrees that Developer may construct the improvements in four (4) phases as depicted in the Final Utility Plans for Fossil Lake P.U.D., Second Filing. Each phase shall be accompanied by the appropriate cost estimates and collateral. If construction of any phases is commenced at any time after one year from the date on which the 2°d Filing Final Plat is recorded, new cost estimates for such phase shall be submitted to the County for review and approval. For each phase, Developer shall furnish collateral to the County for the completion of the improvements in the form of a Development Loan issued by a federal or state licensed financial institution. The Development Loan shall state at least the following: (a) The Development Loan shall be in the amount of 115 percent of the estimated cost of constructing the improvements. (b) The Development Loan shall provide for payment upon demand by County, if Developer has not performed the obligations specified in this Agreement, and the issuer has been notified of such default. (c) Developer may draw from the Development Loan in accordance with the provisions of this Agreement, andthe Development Loan Agreement executed as an Addendum to this Agreement. (d) The issuer of the Development Loan shall guarantee that at all times the unreleased portion of the Development Loan shall be equal to a minimum of 115 percent of the estimated costs of completing uncompleted portions of the required improvements, based on inspections of the development by the County. In no case shall the disbursement for an improvement item exceed the cost estimates in this Subdivision Development Agreement. (e) _ The Development Loan shall specify that 15 percent (15%) of the total cost of the construction infrastructure improvements amount cannot be drawn upon and will be available to the County until released by the County. This amount will be considered warranty collateral and will be proportionately allocated to the construction infrastructure categories as listed on Exhibit D, based on total cost within each category. (f) The Development Loan shall specify the date of proposed expiration which shall be the date of release as stated in paragraph (e) above, or two (2) years from the date of final subdivision improvement acceptance for each construction infrastructure category listed on Exhibit D, whichever shall occur first. Said Development Loan shall stipulate that in any event, the Development Loan shall remain in full force and effect until after Larimer County has received sixty (60) days written notice from the issuer of the pending expiration. Said notice shall be sent by certified mail to the Director of Larimer County Planning Department. 7 OF 11. Landscaping Improvements: Developer shall install the landscaping improvements as required in the Final Landscape Plans for the Fossil Lake PUD, Second Filing. Completion of improvements shall be certified stating that the improvements have been constructed in substantial conformance with said final development plan documents. Building permits and/or certificates of occupancy shall not be subject to completion of landscaping improvements; however, the final non -warranty collateral for landscaping improvements will be released only upon the receipt of certification of completion. 12. Public Service — Natural Developer shall construct improvements as required by Public Service Company of Colorado to supply the Second Filing with natural gas utility service. Improvements shall be in accordance with Public Service of Colorado Specifications. In no event, however, shall Larimer County be responsible for the inspection and/or acceptance of natural gas utility improvements to the Second Filing. 13. City of Fort Collins — Electric: Developer shall construct improvements as required by City of Fort Collins to supply the Second Filing with electric utility service. Improvements shall be in accordance with City of Fort Collins Specifications. In no event, however, shall Larimer County be responsible for the inspection and/or acceptance of electric utility improvements to the Second Filing. 14. Telephone and Cable: Developer shall construct improvements as required by US West to supply the PUD with adequate telephone and communication utilities. Improvements made shall be in accordance with US}West specifications. In no event, however, shall Larimer County be responsible for the inspection and/or acceptance of telephone and/or communications cable improvements to the PUD. 15. "As Built" Plans: The Developer shall provide to Larimer County, the City of Fort Collins, and/or the particular service provider (in the case of water and sewer installation) "as built plans" as prepared by a Professional Engineer for all utilities, drainage detention structures, road improvements, and any other site improvement constructed in connection with the development of this PUD. All testing and quality control reports shall also be provided to the County and City, and must be submitted prior to Final Acceptance. 16. Cost Estimates and Guarantee of Improvements: Detailed estimates of the costs of completing the improvements required in this Agreement are shown in Exhibit D. Developer shall fully comply with the County 0 construction and the field plans utilized are the same as those approved by Larimer County. (b) Test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspection as found in CDOH Materials Manual and as required by the Larimer County Engineering Office. (c) Three (3) copies of the "as built" road improvements plans must be submitted at the time Developer requests a final release of completed road improvements. All deviations from approved plans must be listed and shown on the "as built" plans. No release of the final non -warranty collateral shall be made until the above listed items have been submitted. 10. Storm Drainage Improvements: (a) Developer shall construct all storm drainage improvements as shown on the subdivision Final Plat and in the supporting documents for Second Filing, in accordance with the plans, specifications, and the phasing plans as prepared by Developer's licensed engineers and professionals, and approved by the County Engineer. Completion of improvements shall be certified by a professional engineer licensed in the State of Colorado, stating that the improvements, and facilities, have been constructed in substantial conformance with said final development plan documents. Prior to the issuance of said certification, building permits for 24 lots in Phase l; 10 lots in Phase 2; 10 lots in Phase 3; and 10 lots in Phase 4, may be issued by Larimer County, subject to Paragraph 20 below. Release of the final non -warranty collateral is subject to the submittal and approval of said engineer's certification of approval. (b) Ten (10) working days prior to the issuance of any certificate of occupancy (temporary occupancy of model homes and/or recreation center excluded) the portions of the drainage improvement system that are immediately adjacent to or a part of each lot, including lot grading required to be constructed on any lot, shall be certified by an engineer licensed in Colorado confirming that said improvements are completed and operational in accordance with said final development plan documents. Said certification shall confirm that any construction, landscaping, fencing, or other improvements have not materially interfered with the system's functionality and adequacy. Furthermore, said certification shall identify the lot corner elevations and the top of lowest window well or lowest opening elevations of any improvements, as well as indicate the direction of drainage away from improvements, swales, drain lines or any other elements that may facilitate drainage. Said certification shall be submitted to the Larimer County Engineer who shall fax a copy of the certification to the City of Fort Collins for review. No Certificate of Occupancy shall be approved unless certification is approved .by the Larimer County Engineer. 5 the District for the maintenance and responsibility of all water supply improvements prior to the release of the final non -warranty collateral or release of completed improvements. 7. Sewage: All sewer lines required for the Second Filing shall be constructed in accordance with the requirements of the South Fort Collins Sanitation District and the County Engineer and as reflected on approved utility plans. The sewer mains and supply service lines shall be subject to inspection by the District and the County Engineer during construction. Developer shall submit a letter of acceptance from the South Fort Collins Sanitation District for the maintenance and responsibility of all sewer improvements prior to the release of the final non -warranty collateral or release of completed improvements. 8. Trenches: Trenches for sanitary sewer and water, and storm sewer lines shall be compacted in accordance with specifications defined in Exhibit A to the Final Utility Plans for Fossil Lake P.U.D Second Filing. Trench compaction will be tested by the Developer while work is in progress, and testing frequency shall meet criteria detailed in said Exhibit A to the Final Utility Plans for Fossil Lake P.U.D Second Filing. The test results shall be certified by the soils laboratory and maintained on file at the site by the Developer for review by Larimer County and City of Fort Collins inspection personnel. In the event that compaction testing is not provided, Larimer County and/or City of Fort Collins may order such testing, and Developer shall reimburse the County or City for all such testing expenses incurred. No release of the final non -warranty collateral or release of completed improvements shall be made until successful compaction tests are received. 9. Roads: Developer shall construct all road improvements as shown on the subdivision' final plat and in the supporting documents for the Second Filing in accordance with the plans and specifications, as prepared by the 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 construction drawings for the Second Filing of Fossil Lake P.U.D. All street construction, including the pavement design and technical criteria, shall be performed in accordance with the standards attached as Exhibit A to the Final Utility Plans of Fossil Lake P.U.D., Second Filing. Improvements to County Road 36 as shown on Engineering Plans shall be completed with Phase 3 infrastructure. Developer shall submit the following items to request the final release of completed road improvements: (a) A statement must be submitted from an Engineer registered in Colorado that the road improvements have been completed in substantial compliance with approved plans and specifications and that the documenting Engineer or his representatives have made regular outside on -site inspections during the course of rd layout, street configuration and other land planning elements were approved by the County after consultation with the City. Furthermore, it is understood that the County, City and Developer realize this Development will eventually be annexed into the City. Therefore, certain engineering criteria and obligations described in the IGA shall be imposed upon the PUD in accordance with the Finding and Resolution adopted by Larimer County on June 23, 1998 which states: "The final construction plans for all required improvements shall be carefully coordinated with the City of Fort Collins to insure that all technical requirements are addressed." The County Engineer shall insure that the final construction plans are given to the City for review and that all applicable City comments and requirements are addressed. 4. Inspections and Warranty: The development of lots, tracts, and outlots of Fossil Lake PUD, Second Filing shall be inspected and warranted in accordance with adopted policies of Larimer County as of December 10, 1998 and the provisions of this Agreement, and Exhibit A to Final Utility Plans for Fossil Lake PUD, Second Filing as attached. Two year warranty periods guaranteeing against defects in materials and/or workmanship, for each category of construction infrastructure improvements, as described on attached Exhibit D, shall begin upon final construction acceptance by the County of each construction infrastructure improvement category. 5. Second Filing Improvements: Developer shall construct or install all streets, curbs, gutters, utilities, drainage controls, water and sewer facilities, flood protection devices and other improvements shown on the subdivision final plat and/or in the supporting documents for the Second Filing in accordance with the plans and specifications, as prepared by the Developer's licensed engineers and professionals, and approved by the County. Developer may construct such improvements in four (4) phases in accordance with the Phasing Plan depicted in the Final Utility Plans for Fossil Lake P.U.D., Second Filing and approved by Larimer County. All improvements required to be constructed or installed for the development of the Second Filing of Fossil Lake PUD, and all other matters agreed to be performed herein shall be installed, constructed or performed by Developer within ten years of the date on which the final subdivision plat is approved. All construction shall be performed in a good and workmanlike manner and in accordance with applicable County standards, rules and regulations governing such construction. 6. Water Supply: Developer shall install the water system improvements necessary to serve the Second Filing 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 and the County Engineer during construction. Developer shall submit a letter of acceptance from 3 I the final subdivision plat, and that such matters are necessary to protect, promote and enhance the general welfare. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained and the approval, execution and acceptance of the plat for recordation by the County, it is agreed as follows: 1. Master Plan and Preliminary Plat: The approved Master Plan and Preliminary Plat of Fossil Lake PUD consists of two non-contiguous parcels, the legal descriptions of which are shown on the attached Exhibit A (the "North Parcel, First Filing"); and Exhibit B (the "North Parcel, Second Filing"); and Exhibit C (the "South Parcel.) The land uses approved for the North Parcel (both First and Second Filings) consist of 428 single family lots, 58 patio/townhouse units on Tracts B and C, and a variable use on Tract A of neighborhood service or commercial uses such as daycare, church, office, photo studio, etc. In the event one or more of these types of neighborhood service or commercial uses occurs on other properties within a 3/8 mile radius of Tract A, then the Developer shall be permitted to have a maximum of 80 multi -family dwelling units on Tract A. Land uses described above shall be developed on the North Parcel, in substantial conformance with the land use layout as depicted on the Master Plan. The South Parcel shall consist of open space and agricultural land, with the exception of three (3) lots, all as shown on the Master Plan. Two of the lots will accommodate existing dwellings and the third is for the purpose of permitting construction of a new dwelling unit. The open space and agricultural lands will be encumbered with a Conservation Easement and maintained using the guidelines of an accompanying Resource Management Plan, which will be approved in. connection with the approval.of the final subdivision plat for the Second Filing. 2. Extended Vesting Agreement: The County has approved the extension of the statutory vesting period for the PUD and the effective period for the Master Plan. Such approval has been formally embodied in a separate agreement between the County and the Developer entitled Agreement to Extend Vested Rights for Fossil Lake PUD which has been approved by the Board of County Commissioners on December 21, 1998. Said Agreement shall govern all issues regarding vesting of the Master Plan and PUD. 3. Larimer County and The City of Fort Collins: The PUD is located in proximity to the City of Fort Collins ("City") and there has been cooperation between the County, the City and the Developer throughout the planning and approval process. It is acknowledged that the PUD approval by the County preceded the adoption and approval of the May, 1998 Intergovernmental Agreement for the newly expanded Fort Collins Urban Growth Area ("IGA"); however, the density, lot 2 RCPTN # 200105641i 0', 1/2001 14:33:00 # PAGES - 34 , - $i70.00 M RODENBERGER RECORDER, LARZMER COUNTY CO STATE DOC FEE - $.UU SUBDIVISION DEVELOPMENT AGREEMENT Relating to Developer's Obligations in FOSSIL LAKE P.U.D., SECOND FILING THIS AGREEMENT. is made this sgd:�L day of Z41 20 D/ by and between the Board of County Commissioners of L r County, Colorado ("County"), and Everline, LLC, A Colorado Limited Liability o pany, of 3030 South College Avenue, Fort Collins, Colorado 80525 ("Developer"). WHEREAS, Larimer County has approved the master plan and preliminary plat of Fossil Lake Planned Unit Development ("PUD") by Findings and Resolution adopted and dated June 23, 1998; and WHEREAS, Developer has submitted to the County for approval, execution and recordation a final subdivision plat for Fossil Lake PUD, Second Filing ("Second Filing"); and WHEREAS, Developer is the owner of the property included within the Second Filing more particularly described on Exhibit `B" attached hereto; and WHEREAS, Developer desires to develop the PUD using a defined set of improvements; and WHEREAS, County has considered the final subdivision plat, the proposed development and improvements to the land therein, and the requirements to be imposed upon the land and properties by reason of the proposed development and improvement of the land included in the final subdivision plat; and WHEREAS, County is willing to approve, execute and accept for recordation said plat upon the agreement of the Developer to construct and install the improvements related to the Second Filing as herein described; and WHEREAS, County and Developer mutually acknowledge the existence of and support the principles and intent set forth in the Fossil Creek Reservoir Area Plan, adopted by the City of Fort Collins City Council on March 17, 1998, and by the Larimer County Planning Commission on March 25, 1998; and in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, adopted on May 5, 1998, by both the Chairman of the Larimer County Board of Commissioners and the Mayor of the City of Fort Collins; and WHEREAS, County and Developer mutually acknowledge and agree that the matters hereinafter set forth are reasonable conditions and requirements to be imposed by the County in connection with its approval, execution and acceptance for recordation of v O 1 /r � ✓LIAR CommT ty Planning and Environmental rvices l Current Planning City of Fort Collins March 28, 2002 To: City Clerk's Office, Attn: Wanda Krajicek City Attorney's Office, Attn: Paul Eckman Engineering Dept., Attn: Cam McNair Stormwater Department, Attn: Glen Schlueter Natural Resources, Attn: Doug Moore Zoning Dept., Attn: Peter Barns From: Troy Jones, Current Planning Re: Fossil Lake P.U.D. First and Second Filings Here's a copy of the Development Agreements for Fossil Lake P.U.D. First and Second Filings for your Department's records. As you all know, Fossil Lake P.U.D. First and Second Filings are developments that were approved in the County in the Fossil Creek Reservoir Area, and subsequently annexed into the City of Fort Collins. The First Filing has had many building permits and certificates of occupancy issued by the County already. The Second Filing has been annexed prior to the issuance of any building permits. Because the site specific development plan approvals were obtained in the County, these developments are treated somewhat differently than plans whose approvals were obtained under the City's development review process. Based on the Intergovernmental Agreement between the City of Fort Collins and Larimer County, the City is bound to the terms of the Development Agreement that was approved in the County upon annexation. This makes it very important that any City employee who would potentially need to know what the agreement specifically says has access to the language of the agreement itself. To that end, here are copies of the Fossil Lake P.U.D. First and Second Filing Development Agreements for your department's files. Please let those in your department know how to find them if they would ever be involved in the review of subsequent approvals within the area of Fossil Lake P.U.D. First and Second Filings. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020