HomeMy WebLinkAboutHEARTHFIRE PUD - Filed OA-OTHER AGREEMENTS - 2003-11-24HEARTHFIRE PUD, lsr FILING
AMENDMENT AGREEMENT NO. 2
TI IIS AMENDMENT AGREEMENT, made and entered into this 4�day of /4!
2002, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City'; and HEARTHFIRE, INC., a Colorado Corporation, hereinafter
referred to as the "Developer."
WITNESSETH:
WHEREAS, the Developer entered into a Development Agreement with the City and
Norman and Carolyn Jewett and Kathryn E. Hoffman ("Owner") on October 6, 1997, the terms of
which govern the development activities of the Developer pertaining to that certain real property
situated in the County of Latimer, State of Colorado (hereafter referred to as the "Property") and
legally described as follows, to wit:
I IEARTIIFIRE PUD I"Filing, located in the South''/z of Section 30,
Township 8 North, Range 68 West of the 6"i P.M., City of Fort
Collins, County of Latimer, State of Colorado.
WI IEREAS, pursuant to Section ILDA. of the Development Agreement, the Developer is
obligated to design and construct interim improvements to Douglas Road from Hearthfire Way west
to State I Iighway 1, prior to the issuance of any building permits for the properly; and
WI IEREAS.. pursuant to Section ILDA. of the Development Agreement, the Developer
exercised its option to postpone the design and construction of the interim improvements to Douglas
Road by depositing with the City an escrow sufficient to guarantee completion of said
improvements, and
WHEREAS, pursuant to Section ILDA. and Section ILD.5. of the Development Agreement
the Developer and the City agreed to a time schedule for the issuance of building permits and the
completion of the interim improvements to Douglas Road; and
WI IEREAS., on November 2, 1999. the Developer and the City entered into the Hcarthfire
PUD, I" Filing Amendment Agreement No. 1 ("First Amendment"). amending Sections ILDA. and
Section II.D.6. of the Development Agreement regarding off' site street improvements and building
permits; and
WI IEREAS, upon its review of the current traffic analysis for the property prepared by Matt
Delich. dated October 12, 2000, the City has determined that it would be feasible to satisfy the
Developer's off -site street improvement requirements with the construction of interim improvements
to Douglas Road from ❑earthfire Way cast to County Road 11, in lieu of providing the
improvements required under the Development Agreement and the First Amendment, as identified
in the letter dated October 26, 2000 from the City and attached hereto as Exhibit `A'. In accordance
with the conditions of the letter, the Developer is required to provide all easements necessary to
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All that portion of the northwest quarter of Section 30, Township 8 North, Range
West, of the 6th P.M., Larimer County, more particularly described as follows:
Considering the north line of said northwest quarter of Section 30 as bearing SOUTH
89' 59' 50" EAST and with all bearings contained herein relative thereto.
Commencing at the northwest corner of said Section 30; Thence along the west line of
said northwest quarter of Section 30 SOUTH 00' 07' 11" EAST 139.64 feet to the
perimeter boundary line of COUNTRY CLUB NORTH SECOND ANNEXATION to the
City of Fort Collins, Colorado and the TRUE POINT OF BEGINNING; Thence
continuing along said west line of the northwest quarter of Section 30 and continuing
along said perimeter boundary line SOUTH 00' 07' 11" EAST 1884.19 feet; Thence
leaving said west line of the northwest quarter of Section 30 and continuing along said
perimeter boundary line the following three (3) courses and distances: 1)SOUTH 61
16' 00" EAST 403.65 feet; 2)SOUTH 29' 09' 00" EAST 180.90 feet; 3)SOUTH 59' 28'
00" EAST 134.77 feet to the westerly line of HEARTHFIRE P_U.D., FIRST FILING to
the City of Fort Collins, County of Larimer, State of Colorado; Thence along said
westerly line the following twelve (12) courses and distances:
1)NORTH 39' 30' 47" EAST 343.42 feet;
2)NORTH 50' 30' 59" WEST 78.69 feet;
3)NORTH 02' 54' 26" WEST 263.73 feet;
4)NORTH 10' 09' 50" EAST 98.96 feet;
5)NORTH 75' 51' 12" EAST 173.21 feet;
6)NORTH 41' 11' 30" EAST 59.57 feet;
7)NORTH 01" 21' 53" EAST 61.61 feet;
8)NORTH 40' 01' 48" EAST 98.59 feet;
9)NORTH 74' 13' 22" EAST 71.45 feet;
10)SOUTH 85' 30' 01" EAST 204.66 feet;
11)NORTH 67' 43' 30" EAST 91.72 feet;
12)NORTH 24' 39' 05" EAST 175.33 feet to said perimeter boundary line of COUNTRY
CLUB NORTH SECOND ANNEXATION; Thence along said perimeter boundary line
the following four (4) courses and distances.
1)NORTH 71' 35' 50" WEST 24.41 feet;
2)NORTH 60' 10' 50" WEST 520.00 feet;
3)NORTH 01' 36' 50" WEST 300.60 feet;
4)NORTH 55' 50' 50" WEST 1140.76 feet to the TRUE POINT OF BEGINNING.
Containing a calculated area of 39.31 acres.
HEARTHFIRE PUD, IsT FILING
AMENDMENT AGREEMENT NO.
THIS AMENDMENT AGREEMENT, made and entered into this L.O�Jday of ��'�t; CPt1 C
1999, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City"; and HEARTHFIRE, INC., a Colorado Corporation, hereinafter
referred to as the "Developer."
WITNESSETH;
WHEREAS, the Developer entered into a Development Agreement with the City and
Norman and Carolyn Jewett and Kathryn E. Hoffman ("Owner") on October 6, 1997, the terms
of which govern the development activities of the Developer pertaining to that certain real
property situated in the County of Latimer, State of Colorado, (hereafter referred to as the
"Property") and legally described as follows, to wit:
HEARTHFIRE PUD I" Filing, located in the South % of Section 30,
Township 8 North, Range 68 West of the 6`h P.M., City of Fort
Collins, County of Larimer, State of Colorado.
WHEREAS, the Developer has acquired all rights of ownership in the Property from the
Owner, and the Developer and City acknowledge and agree that the Owner shall not be liable for
any obligations of the Developer under this Agreement; and
WHEREAS, pursuant to Section II(D)(4) of the Development Agreement, the Developer
is obligated to design and construct Douglas Road from Hearthfire Way to State Highway 1,
consisting of thirty-six feet (36) of pavement with a design life of 10 years and striped with two
twelve -foot (I T) travel lanes and two six-foot (6) bicycle lanes (the "Douglas Road
Improvements"), prior to the issuance of any building permits for the Property; and
WHEREAS, pursuant to Section II(D)(4) of the Development Agreement, the Developer
has exercised its option to postpone the design and construction of the Douglas Road
Improvements by depositing with the City on December 15, 1998 a Letter of Credit sufficient to
guarantee completion of said improvements based upon the Developer's preliminary design,
which Letter of Credit will expire on December 9, 1999; and
WHEREAS, the Developer desires to amend the Development Agreement to remove the
time requirement for completion of the Douglas Road Improvements; and
WHEREAS, the parties hereto have agreed that all provisions of the Development
Agreement shall remain in full force and effect, subject only to the amendments agreed to herein.
NOW, THEREFORE, in consideration of the promises of the parties hereto and other
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it
is agreed hat the following numbered section of the Development Agreement are amended to
read as follows:
A. Subheading II (Special Conditions) Subsection DA shall be amended to read as follows:
4. The Developer is obligated to design and construct Douglas Road from Hearthfire
Way to State Highway 1. The improvements shall consist of 36 feet of pavement with a
design life of 10 years and striped with two 12 foot travel lanes and two 6 foot bicycle
lanes. No building permits shall be issued until said improvements are complete and
accepted by the City. Notwithstanding the forgoing, the developer shall have the option
to postpone the design and construction of the above described improvements, following
the escrow of funds to be deposited with the City in the form of cash, bond, nonexpiring
letter of credit or other form of City approved security sufficient to guarantee completion
of said design and construction, which option the developer has elected to exercise. The
amount of said funds shall be equal to the estimated cost to construct said improvements,
which estimate shall be prepared by the Developer and approved by the City, plus an
additional 50% to cover contingencies and unexpected costs. Said amount shall be
deposited with the City prior to the issuance of any building permit for this development.
Accordingly, the Developer shall, prior to the December 9, 1999 expiration of the Letter
of Credit earlier deposited by the Developer and the City, complete and obtain City
approval of the final design and cost estimates for the Douglas Road Improvements, and
shall deposit with the City an irrevocable, non -expiring Letter of Credit in substantially
the form attached hereto as Exhibit "A", in an amount sufficient to guarantee completion
of the Douglas Road Improvements, based on the cost estimates for the final design plus
an additional 50 percent to cover any contingencies and unexpected costs.
Any interest earned by the City as a result of said deposit shall be the property of the City
to cover administration and inflation in order to better assist the City in making
reimbursement to the party who constructs said improvements.
If the Developer is the party that constructs said improvements, upon completion of said
improvements and acceptance of them by the City, the City shall return tc1t he Developer
the amount deposited plus any interest earned by the City as a result of said deposit, less
3% of the total amount remaining, (which includes said amount deposited plus the
interest earned by the City) to be kept by the City to cover its costs for administration of
said deposits.
B. Subheading II (Special Conditions) Subsection D.6 shall be amended to read as follows:
6. No more than 91 building permits for the Property shall be issued prior to the
completion of the construction of the Douglas Road Improvements and the acceptance by
the City thereof. If the Developer has not made substantial progress toward completion
of the Douglas Road Improvements at the time that the 60`h building permit for the
Property is issued, the City shall have the right to draw upon the Letter of Credit for the
purpose of completing the Douglas Road Improvements. Substantial progress shall be
defined as ongoing construction work with no significant delays which are within the
control of the Developer.
The City Engineer shall give written notice to the Developer of the City's intent to draw
upon the Letter of Credit. The Developer shall have a period of 21 days after receipt of
said notice to cure its lack of substantial progress or provide satisfactory evidence of
substantial progress to the City Engineer , thereby retaining its right to complete the
Douglas Road Improvements. If the Developer fails to cure its lack of substantial
progress or provide satisfactory evidence of substantial progress within said time period,
the City Engineer shall issue in writing his decision to draw upon the Letter of Credit for
the purpose of completing the Douglas Road improvements.
C. Subheading III (Miscellaneous) Subsection N shall be amended by replacing the address for
"If to the Developer" and "With a copy to" with the following addresses to read as follows:
If to the Developer: Tom Kennedy
Hearthfire, Inc.
11941 W. 481s Avenue
Wheatridge, Co 80033
With a copy to: Lucia A. Liley
March & Liley, P.C.
110 E. Oak Street, Suite 200
Fort Collins, Co 80524
D. All other terms and conditions of the Development Agreement shall remain unchanged and in
full force and effect, except as expressly amended in this Amendment Agreement No. 1.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By.
City Ma;a
CI Y CLERK
APPROVED AS TO CONTENT:
Director oQginee ring
AP ROVED AS TO FORM:
Deputy City Attorney
DEVELOPER:
corporation
William A. YuWer, Vike President
ATTEST: — -
Corporate Secretary
Exhibit "A" Sheet 1 of 4
City of Fort Collins
300 LaPorte Avenue
Fort Collins, Colorado 80521
Dear Sirs:
We hereby establish, at the request and for the account of
in
your favor as beneficiary, our Irrevocable Letter of Credit No. , in the amount of
Dollars ($ ) (as more fully
described below), effective immediately and expiring at the close of banking business on
at our office at
This Letter of Credit is intended for the
development
project for the assurance of the completion of the construction and the maintenance and repair of the
public infrastructure in connection with the aforesaid development project and its associated
development agreement and development construction permit. Funds under this Letter of Credit are
available to you for one or more drawings prior to the close of business on
against sight drafts in an aggregate cumulative amount not to exceed
$ , dated the date of presentment, drawn on our office referred to above,
referring thereon to the number of this Letter of Credit and accompanied by your written certificate
signed by you and acknowledged as therein provided in the form of Exhibit 1 hereto.
Presentation of such draft and certificate shall be made at our office referred to above.
Upon the earlier of (i) our honoring your draft(s) totaling $ in the aggregate
presented on or before this Letter of Credit expires pursuant to the terms herein or (ii) the surrender
to us by you of this Letter of Credit for cancellation, this Letter of Credit shall automatically
terminate.
It is understood that the amount of this Letter of Credit may be reduced as public improvements are
constructed and accepted by the City. As components of the infrastructure are satisfactorily
completed in accordance with approved utility plans, the value of the completed components may
be established from the Development Construction Permit worksheet for determining costs of
infrastructure construction and inspection fees, whereupon the amount of this letter of credit may be
reduced by the value of the completed component(s), upon execution of an Amendment to Letter of
Credit in the form attached hereto as Exhibit 2.
This letter of credit shall be subject to the Uniform Commercial Code as in effect in the State of
Exhibit "A" Sheet 2 of 4
Colorado, and, to the extent not inconsistent with the terms of this Letter of Credit and the Uniform
Commercial Code, the Uniform Customs and Practice for Documentary Credits, 1993 revision, ICC
publication number 500.
This Letter of Credit will be automatically extended without amendments for one year from the
present, and each future, expiration date thereof, unless Issuer delivers written notice at least sixty
(60) days prior to any such expiration date to the City of Fort Collins of its intent not to renew this
Letter of Credit. Any such notice shall be in writing and shall be delivered with an acknowledged
receipt, either in hand or by certified mail. Any amendments to this Letter of Credit shall be made
in the form of Exhibit 2 hereto.
This Letter of Credit is not transferrable.
This Letter of Credit sets forth in full our undertaking, and such undertaking shall not in any way be
modified, amended, amplified or limited by reference to any document, instrument or agreement
referred to herein, except only the certificate and draft(s) referred to herein; and any such reference
shall not be deemed to incorporate herein by reference any document, instrument or agreement
except for such certificate and draft(s).
Sincerely,
[Name]
[Title] Issuer
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of
as authorized officer of
Witness my hand and official seal.
Notary Public
My Commission Expires:
by
Exhibit "A" Sheet 3 of 4
EXHIBIT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable
Letter of Credit No. dated established in favor of the City
of Fort Collins, Colorado (the Letter of Credit):
(a) He (She) is authorized to execute this Certificate of behalf of the City of Fort Collins;
(b) The applicant/developer is in default under the terms of the development agreement
and/or the development construction permit.
(c) The sum of $ which is the amount of the draft presented with this
Certificate, is the amount currently due to the City of Fort Collins from
(d) The amount of the accompanying draft together with all previous draws under the
Letter of Credit do not exceed in the aggregate $ ; and
(e) The Letter of Credit has not expired.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of behalf of the City
of Fort Collins this day of
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
[Title]
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of by
, as authorized officer of the City of Fort Collins, Colorado.
Witness my hand and official seal.
Notary Public
My Commission Expires:
Exhibit "A" Sheet 4 of 4
EXHIBIT 2
Amendment to Letter of Credit #
The City of Fort Collins certifies that the person signing below is authorized to execute this
amendment on behalf of the City of Fort Collins, and further certifies with respect to the provisions
contained in the Development Construction Permit dated
and/or the Development Agreement dated , between the City of Fort
Collins (Beneficiary) and (Developer), the following:
[Check applicable boxes.]
9 The Letter of Credit is to be reduced to
9 The maturity date is revised to be
9 The 60-day automatic one year renewal provision on longer applies.
In witness whereof, the undersigned has executed this certificate on behalf of the City of Fort Collins
this day of
CITY OF FORT COLLINS, COLORADO
a Colorado municipal corporation
(Name and Title)
Attest:
City Clerk
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of , by
, as authorized officer of the City of Fort Collins, Colorado.
Witness my hand and official seal.
Notary Public
My Commission Expires:
CPTN # 97084326 12/17/97 13:18:00 # PAGES - 9 FEE - $46.00
RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
AGREEMENT
THIS AGREEMENT, made this 2 — day of rn 6r r 1997 between THE WATER
SUPPLY AND STORA15E COMPANY, a Colorado nonprofit corporation (the "Company") and
HEARTHFIRE, INC., a Colorado corporation ("Grantee").
PROJECT
Hearthfire P.U.D. (the "PUD"), located in Section 19, Township 8 North, Range 68 West of
the 6th P.M., more specifically, depicted on the attached Exhibit A, in the City of Fort Collins, County
of Larimer, State of Colorado.
THAT WHEREAS, the Company is the owner of a ditch and right-of-way commonly known
as the Long Pond Supply Ditch (the "Ditch"); and
WHEREAS, Grantee is the developer of the PUD and is required, as a condition of
development approval, to make certain improvements to Douglas Road, a publicly -dedicated roadway
under Larimer County ("County") jurisdiction; and
WHEREAS, a portion of the required improvements to Douglas Road is in the right -of -Way
of the Ditch and Grantee desires to obtain approval from the Company for the construction and
permanent maintenance of such improvements
NOW, THEREFORE, in consideration of Five Hundred and No/100 Dollars ($500.00), the
receipt of which is hereby acknowledged by the Company, the parties mutually agree as follows:
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1. Except for those third parties who possess a lien or other interest and who have approved c
of this Agreement by their or its signature below, Grantee warrants that it is the sole owner of the
property known or described as Hearthfire P.U.D. to the City of Fort Collins, County of Larimer, x
State of Colorado and described on Exhibit A attached hereto and incorporated herein by reference c
(which may be referred to as "The Property" or "Hearthfire P.U.D.") and that Grantee will remain z
the sole owner until this Agreement is recorded in Larimer County; and that the Property described c
on Exhibit A is the same Property which is identified and described in the Plans (identified below) as
Hearthfire P.U.D. The Company grants to Grantee a non-exclusive easement to construct and o b
maintain the following, improvements within the Ditch right-of-way owned by the Company in rt o
Larimer County, Colorado at the location designated on Exhibit B attached hereto: Remove the n m R
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existing headwall; extend to the north the existing irrigation pipe in the Douglas Road right -of -*ay
and reconstruct the headwall around the extended pipe, all as more particularly shown on'the a.A
approved utility plans for the PUD on file with the City and made a part hereof ("Improvements").
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2. The Company grants to Grantee the right of ingress and egress to and from said easement
as necessary and reasonable for the exercise of the purposes of this easement. o
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3. All construction, maintenance and repair of the Improvements shall be done by Grantee, G
at its cost, to the satisfaction of the Company's superintendent, which shall not be unreasonably
withheld.
accomplish the improvements shown on the final approved plans, send out a notice to the
neighborhood and all affected and adjacent property owners about the change in improvements
(upon final approval of the plans by the City), and hold a neighborhood meeting at such time it is
deemed necessary by the City or the County; and
WI IEREAS the Developer and the City desire to enter into this Second Amendment to the
Development Agreement to modify the Developer's obligation for off -site street improvements and
the schedule for release of building permits, the terms of which shall supersede all terms of the First
Amendment: and
WHEREAS, the Developer has acquired all rights of ownership in the Property from the
Owncr, and the Developer and City acknowledge and agree that the Owner shall not be liable for any
obligations of the Developer under this Second Amendment; and
WI IERE'AS, the parties hereto have agreed that provisions of the Development Agreement
shall remain in full force and effect, subject only to the amendments agreed to herein.
NOW. THEREFORE, in consideration of the promises of the parties hereto and other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged, it is agreed
that the following numbered sections of the Development Agreement are amended to read as
follows:
A. Subheading II (Special Conditions) Subsection DA. shall be amended to read as follows:
4. Douzrlas Road Improvements
it. Design. The Developer is obligated to design and construct Douglas Road from
Ilearthfire Way to County Road 11. The improvements shall consist of 36 feet of
pavement with a design life of 10 years and striped with two 12 foot travel lanes and two
6 foot bicycle lanes, and the widening of Douglas Road at its intersections with
I Icarthfire Way and County Road 11 as necessary to accommodate turning lanes and
transitions to the existing improvements ("Douglas Road Improvements"). The design
of the Douglas Road Improvements shall be in compliance with City street standards
including providing a final soils report and pavement design and shall match any
previous dcsign(s) from other development(s) of the City in conjunction with the
Northeast Area Overlay Project (the "NAOP"). Plans for the design of the Douglas Road
Improvements shall be reviewed through the normal City process and approved by
farimer County Colorado ("County") and all referral agencies. City departments, and
utilities. The City agrees to conduct its review of such plans in a timely fashion so as not
to unduly delay the final approval of the same. Upon final approval of the design, final
soils report, and pavement design for the Douglas Road Improvements by the City, the
Developer's off -site street improvements requirement for Douglas Road shall be fulfilled.
4. All work shall be performed only after prior reasonable notice to the superintendent of the
Company and will be performed under the supervision of such superintendent or by an engineer
selected by the Company. If an engineer is retained, his fees and expenses shall be paid by Grantee.
5. The Improvements shall be constructed, maintained and repaired by Grantee, at its
expense, upon notice to the Company as recited above; however, in the event any sum is expended
by the Company for emergency repair or maintenance of the Improvements, Grantee shall reimburse
the Company for such expense. In the event that the Company finds it necessary to make repairs to
the Improvements, the Company shall be without liability for damage to Grantee, except as to such
damage as may be caused by gross negligence or wanton and willful misconduct of the Company.
Determination of whether repair or maintenance is necessary and whether an emergency exists shall
be in the sole discretion of the Company.
6. All construction shall be completed prior to April 15, 1999 unless written consent by the
Company for an extension is granted, and shall be accomplished during the non -irrigation season.
7. Installation and maintenance and repair of the Improvements shall be entirely without
disturbance of the flow of water into the Company's Ditch unless permission in writing is first
received from the Company for such disturbance. Grantee expressly agrees that it shall be liable to
the Company or its shareholders in damages for any unauthorized disturbance of the flow of water
through the Ditch caused by the Improvements.
8. Installation of said structure shall be entirely without cost to the Company. Grantee shall
indemnify the Company and forever hold it harmless from liability for damage or injury to third
persons resulting from the Improvements or any construction or repair in connection with the
Improvements.
9. The Company shall have full power to operate, maintain, alter, enlarge, relocate, clean and
manage its Ditch and appurtenances as if this Agreement had not been made, and any expense or
damages caused thereby to the Grantee shall not be chargeable to the Company. In the event,
however, that any such action on the part of the Company could reasonably be expected to affect the
Grantee, the Company agrees to give prior written notice to Grantee and to cooperate with Grantee
to avoid injuries or damages to the Improvements. Any notice required to be given to the Grantee
or assigns in this case shall be complete when posted in the United States Mail, addressed to the
Grantee at 11941 West 48th Avenue, Wheat Ridge, CO 80033 or such other address as is supplied
the Company in writing at 2319 East Mulberry Street, Fort Collins, CO 80524 and received prior to
such mailing to Grantee.
10. Applicant shall, at the time of submitting this Agreement to the Company for approval
and signature, provide to the Company a check payable to the Larimer County Clerk and Recorder
or cash in an amount sufficient for the Company to record this Agreement with the Clerk and
Recorder of Larimer County, Colorado. A copy of the recorded agreement shall be returned to the
Grantee by the Company. No work shall commence until this Agreement has been recorded and
returned to the Company.
2
11. The Homeowners' Association will assure and assume the duties and obligations of
Grantee and will itself be bound to perform the duties and obligations of Grantee under this
Agreement, and in the event that the Association, for whatever reason, ceases to exist or function or
dissolves or is bankrupt, the lot owners within the Property shall assume the duties and obligations
of the Homeowners' Association.
12. Grantee will cause or ensure that the Homeowners' Association will be formed as soon
as practicable, but in any event not less than six months after this Agreement is dated. After the
Homeowners' Association has been duly formed (with evidence of such proper formation being
provided to the Company in the form of true, fully executed copies of all documents relating to such
formation), the Homeowners' Association shall immediately become a party to this Agreement by
executing it. Attached as a separate page to this Agreement is a signature page for the Association
to be used for this purpose. A properly completed and properly executed last page shall be
immediately recorded by Grantee, and the Company shall receive the original recorded last page.
13. This Agreement, and any grant by Company, is subject to all restrictions, reservations,
rights -of -way, easements, documents or agreements existing or of record in the Clerk and Recorder's
Office of and in Larinner County, Colorado at the time this Agreement is recorded. The Company
makes absolutely no warranties (including warranties of title) in or by this Agreement or any grant
herein. This paragraph has no effect (and shall not apply) to any warranties given by Grantee in
paragraph 1 of this Agreement.
14. This Agreement and all the terms and conditions thereof shall extend to and be binding
upon the successors and assigns of each of the parties hereto, including, but not limited to, the
Homeowners' Association to be formed and any owners of the Property. This Agreement shall run
with the land referred to herein as the "Property" and described on Exhibit A and also described in
the Plans.
15. Any notice required or permitted hereunder shall be deemed effective when deposited
in the United States email, postage prepaid, first class and addressed to the party to whom notice is
to be given, as follows:
If to Companv: Thomas Moore, President
The Water Supply and Storage Company
2319 East Mulberry Street
Fort Collins, CO 80524
If to Gmtee: William A. Yunker, Vice President
Hearthfire, Inc.
11941 West 48th Avenue
Wheat Ridge, CO 80033
Said notice to the Company shall not be effective unless a copy of any notice is also similarly
mailed to the Company's registered agent as filed with the Colorado Secretary of State's office
In the event that the person or entity to whom notice shall be given changes, the other ptrty
shall be notified in writing pursuant to this paragraph.
IN WITNESS Rq-IEREOF, the parties hereto have caused these presents to be duly executed
by the proper officers and have affixed their seals hereto on the day and year first above written.
THE WATER SUPPLY AND STORAGE COMPANY,
a Col rado corp atio
By:
Thomas Moore, President
GRANTEE:
(Print
ATTEST:
secretary
[Print name
"J
STATE OF COLORADO )
) ss•
COUNTY OF LARIME'.R )
The foregoing instrumen as ackn wled d b fore me thi ay o 1997, by
Thomas.Moore, President and
�/1 Secretary of Water Supply and
t ' eCompany, a Colorado corporation.
itness my hand and official seal.
a
L
$ Notary Public
y Commission expires:
-.l� ;-
STATE OF COLORADO )
ss.
COUNTY OF LARINIER )
I�i�fCm�S R-
The foregoing instrument was acknowledged before me this 23 day of ootebef;19977i by
[3ar-3 and jdl fkimA*nICo/I Sesrefer`i%He e'er
�' P
Inc., a Colorado corporation. '
Witness my hand and official seal.
[SEAL] otary Public
My Co 'ssion expires:���"
THIRD PARTY APPROVAL:
The undersigned hereby consents to and approves of this Agreement and consents and agrees
that any lien or other interest in the property held by the undersigned is subject to, and subordinate
to, this Agreement and its terms.
Colorodo Sus; ass_ -�>aoy- N. A
[Fill in legal name of Third Party]
sy: -
'ther; rv� ffDale
[Print name and title] ,
ATTEST:
-
s!
Elwell 60:11119
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The f re oine; instrument was acknowledged be/fore me this �54 "day of October, 1997, by
£ and %LIc, Secretary of
�F� S 4,vU- -
Witness my hand and official seal.
MASCARENAS
Mo&r y Public STATE OF COLORADO
My Commission expire My Commission Expires NOV S. 1998
The undersigned Homeowners' Association hereby agrees to become a partyto the Agreement
between Hearthfire, Inc. and The Water Supply and Storage Company dated
(recorded at Reception No. in the records ofthe Clerk
and Recorder of Larimer County, Colorado) and agrees to be bound by all of the terms, conditions
and provisions that are applicable to it. This page, when properly completed and executed, shall also
be recorded in Larimer County, Colorado at the expense ofthe Homeowners' Association. After such
recording, it shall be returned to The Water Supply and Storage Company, 2319 East Mulberry
Street, Fort Collins, CO 80524.
Dated this __ day of 19_
[Fill in legal name of Homeowners' Association]
President
[Print name]
0
ATTEST:
Secretary
[Print name]
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me the _ day of , 19�
by President and I Secretary of
Witness my hand and official seal.
[SEAL]
F:\wPCJAL\W"n XE\..0 u 2.nd
Notary Public
My Commission expires:
7
`b EXHIBIT A
.All that perticn
cf the
northwest
qucrter and the 30uthwast quarter of Section
-0, Tov 3h:p i
Narih.
Range 68
Weat, of the 6th P.M..
Larlmer County, Cdarado.
more perticule:i
j described
ca Pcilows:
Considering the
south
line of the
southeast quarter of
said Section 30 as
bearing SOUTI-I
89" 56'
43' WEST
and with all bearings
contclnod herein relative
thereto.
Commencing at the eouthaost comer of sold northwest quarter of Sectlon
30;Thence along the cant line of sold southwest quarter of Seetlon 30 SOUTH
00' 00' 56' WEST 15.00 feet to the perimeter boundary line of Country Club
North Second Annexation to the City of Fort Collins, Colorado; Thence along said
perimeter boundary line SOUTH 89' 59' 57' WEST 15.00 feet to the TRUE POINT OF
BEGINNING; Thence leaving said line SOUTH 40' 14' 47' WEST 365.02 feet to the
beginning of a non -tangent curve to the left having a central angle of 89' 43'
05' and a radius of 480.00 feet (a radial line from said point bears NORTH 81'
30' Ol' WEST); Thence along the arc of sold curve southwesterly 751.62 feet to
the end of sold curve; Thence non -tangent and non -radial from sold curve SOUTH
21' 00' 00' WEST 258.85 feet to sold perimeter boundary line of Country Club North
Second Annexation; Thence along said line the following four (4) courses and
distances: 1) NORTH 46' 05' 00' WEST 900.00 feet; 2) NORTH 29' 32' 00' WEST
382.00 feet; 3) NORTH 38' 10' 00' WEST 163.31 feet; 4) NORTH 59' 28' 00'
WEST 112.03 feet; Thence leaving said perimeter boundary line NORTH 39' 30'
47' EAST 343.42 feet; Thence NORTH 50' 30' 58' WEST 78.69 feet; Thence NORTH
02' 54' 26' 'NEST 263.73 fact; Thence NORTH 10' 09' S0' EAST 98.96 feet;
Thence NORTH 75' 51' 12' EAST 173.21 feet; Thence NORTH 41' 11' 30' EAST
59.57 feet; 'thence NORTH Oi' 21' 53' EAST 61.61 feet; Thence NORTH 40' 01'
48' EAST 98.59 feat; Thence NORTH 74' 13' 22' EAST 71.45 feet: Thence SOUTH
85' 30' 01" EAST 204.66 feet; Thence NORTH 67' 43' 30' EAST 91.72 feet;
Thence NORTH 24' 39' 05' EAST 175.33 fact to sold perimeter boundary line of
Country Club North Second Annexation; Thence along sold line the following eight
(8) courses and distances: 1) SOUTH 71' 35' 50' EAST 495.59 feet; 2) NORTH
70' 44' 10' EAST 200.00 feed 3) NORTH 13' 16' 10' EAST 200.00 feet; 4)
SOUTH 28' 2.9' 50' EAST 300.00 feet; 5) SOUTH 34' 12' 10' WEST 80.00 feet; 6)
SOUTH 34' S9' S0' EAST 155.00 feet-. 7) NORTH 69' 51' 10' EAST 159.49 feet;
8) SOUTH 00' 01' 43' WEST 1017.37 feet to the TRUE POINT OF BEGINNING.
Containing 66.02 acres, more or lees.
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6)
b. Fscrow Payment. The Developer has delivered to the City the sum of $500,000 in cash
(the "Escrow Payment") for the City's use in constructing the Douglas Road
Improvements. The City's final cost estimate for the construction of the Douglas Road
Improvements. including reasonable and usual contingencies, is $381,386.98 ('Cost
Estimate"). Promptly after the execution of this Second Amendment, the City shall
return the difference between the Escrow Payment and the Cost Estimate to the
Developer.
c. Construction. The City shall be responsible for construction of the Douglas Road
Improvements. Completion of the City's construction of the Douglas Road
Improvements shall not be a condition of the issuance of building permits for the
Property,.
d. 13uildine Permits. No more than 60 building permits for the Property shall be issued
prior to final City approval of the design of the Douglas Road Improvements.
11. Subheading II (Special Conditions) Subsection D.S. shall be amended to read as follows:
5. a. The Developer shall be responsible for payment of the sum of $50,869.19 as its
proportionate share, based on traffic generation of the Hearthire PUD I" Filing and the
proposed Hearthtire PUD 2"" Filing, of the City's costs for construction of the NAOP as
estimated in that document entitled "Interim Improvements for County Roads 9E and 11"
prepared by the Fort Collins Engineering Department and dated February 11, 2002, which
is attached hereto as Exhibit 'B' and incorporated herein by this reference. Of the
Developer's total proportionate share, $18,125.79 is to be paid in conjunction with the
issuance of'huilding permits in the Ilearthfire PUD 1" Filing, and $32,743.40 is intended to
be paid as described hereafter in conjunction with the issuance of building permits in
remaining property of the Hcarthfire PUD as described on Exhibit "C" attached hereto and
incorporated herein by reference (the "Remaining Property").
h. The issuance of each residential building permit for the remaining 31 lots of the
Ilearthfire PUD 1" Filing shall require the payment of a fee in the amount of $584.71
("NAOP Fee"), which is equal to 1/31 of the Developer's obligation for the IIearthfire PUD
I" Filing. (f any NAOP Fee is paid by the Developer after the year 2002, the Developer
agrees to pay the amount specified above plus an additional amount to be calculated as
described below to recognize the effect of inflation, with said amount to be increased each
year until payment is completed in full. Upon payment of every NAOP Fee required under
this Subsection, the Developer's obligation to pay a proportionate share of the NAOP costs
in conjunction with Hearthtire PUD 1" Filing shall be satisfied.
c. 'I he inflation factor (Inf. Fac.) for each year's increase in the amount of the NAOP Fee
shall be calculated using the construction cost index for Denver as published in the
Engineering News Record (ENR) for'j)1p;,h2002, as the base index (I -base) and the same
index published in the ENR for the January in each succeeding year immediately preceding
3
payment (1-year of payment). The formula for calculating said inflation factors shall be as
follows:
Inf. Fac. _ (1-year of payment) — (I -base)
(I -base)
The amount to be added to the NAOP Fee to compensate for inflation shall be equal to the
amount of the NAOP Fee times the inflation factor. Said amounts added to compensate for
inflation shall not reduce the total (principal) amount due.
d. It is the parties' intent that the Remaining Property, if developed, shall be responsible
for payment of the sum of $32,743.40 as its proportionate share of the City's costs for
construction of the NAOP as estimated on Exhibit `B". It is the intent of the parties that the
Development Agreement for the Remaining Property will provide that the issuance of each
residential building permit for a lot in the Remaining Property will require the payment of'
a per lot fee based on the total number of residential lots approved for the Remaining
Property and the total obligation of $32,741.40. Such per lot fee shall be adjusted annually
to recognize the effect of inflation.
C. Subheading It (Special Conditions) Subsection D.6. shall be amended to read as follows:
6. a. The Developer agrees to make a lump sum payment in the amount of $35,000 to Larimer
County, Colorado ("County"). within thirty (30) days of execution of this Second
Amendment to be placed in a reserve account and used solely for improvements to the
intersection of State Highway I and Douglas Road (the "County Intersection'). In addition
to the lump sum payment described herein, the Developer agrees to be responsible for
payment of an additional $31,750, $11.313.20 of which is to be paid on a per lot basis in
conjunction with the issuance of building permits in the Hearthfirc PUD 1" Filing and
$20A 16.75 of which is intended to be paid on a per lot basis in conjunction with the issuance
of huilding permits in the Remaining Property, as described herein.
b. The issuance of each residential building permit for the remaining 31 lots of the
I learthtire PUD I" Filing shall require the payment of a fee to the City in the amount of
5365.00 (the "County Intersection Fee"). Upon receipt of each County Intersection Fee, the
City shall be responsible for its prompt delivery to the County to be placed in a reserve
account and used solely for improvements to the County Intersection.
c. It is the parties' intent that the Remaining Property, if developed, shall be responsible for
payment of the sum of $20,436.75 as its proportionate share of the costs for improvements
to file County Intersection. It is the intent of the parties that the Development Agreement for
the Remaining Property will provide that the issuance of each residential building permit for
a lot in the Remaining Property will require the payment of a per lot fee based on the total
number of residential lots approved for the Remaining Property and the total obligation of
$20,436.75.
4
d. The City agrees that the Developer's lump sum payment and the payment of the per lot
Ices under this Subsection shall fully satisfy any obligation that the City requires of the
Developer fur improvements to the County Intersection in connection with the entire
I Iearthfire PUD 1" Filing and the Remaining Property and that no additional payment or
improvements for the County Intersection shall be required in connection with the
development of such properties.
D. Section III (Miscellaneous) Subsection N shall be amended by replacing the address for "If to
the Developer" and "With a copy to" with the following addresses to read as follows:
If to the Developer: Tom Kennedy
Hearthfire, Inc.
7730 E. Belleview Ave., Suite A-100
Greenwood Village, CO 80111
With a copy to: Lucia A. Liley
March, Liley & Olive P.C.
110 E. Oak Street, Suite 200
Fort Collins, CO 80524
E. All other terms and conditions of the Development Agreement shall remain unchanged and in
full force and effect, except as expressly amended in this Second Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year
first above written.
THE CITY OF FORT COLLINS, COLORADO,
a" met Corporation
By:-..�
John ischbach, City Manager
City Clerk
APPROVED AS TO CONTENT:
C
o-,
Director oflaigineering
APPROVI: S TO FORM:
c �Uty City Attorney
DEVELOPER:
HEART7ennedy,
NC. a Colorado corporation
By:
Tom President
ATTEST:
B)----
Ardith White, Secretary
STATF OF COLORADO )
ss.
COUNTY OF LARIMER )
fe foregoing instrument was acknowledged before me this 3
hfoday of
2002, by Tom Ke silent, Hearthfire, inc.
- \� :MU3GRgG
PUBLIC•rC
".:�wF OF C01�r
STATE OF COLORADO
ss.
COUNTY OF LARIMER
otary Public U
'.y commission expires: /o? ;2
The foregoing instrument was acknowledged before me this 3�day of
2002, by Ardith Secretary, Hearthfire, Inc.
MUSGR�G
Notary Public
.PUBLIC; : My commission expires: /a
>. OF C
3
Transportation Services
Engineering Department
City of Fort Collins
October 26, 2000
Mr. Tom Kennedy
First Colorado Group of Companies
11941 West 48i° Avenue
Wheat Ridge, CO 80033
RF: Hearthfire PUD and Douglas Road
Deaf 'Nfr. Kennedy:
EXHIBIT
b A`s
Upon review of the current traffic analysis by Matt Delich, dated October 12, 2000, the
City of Fort Collins Transportation Services has determined that it would be feasible for
Hearthfire PUD, I" Filing, to design and construct its required interim improvements to
Douglas Road from. the Hearthfire Way entry east to CR 1 lin lieu of providing
improvements to the west to State Highway 1-
The following tasks would need to be completed in Order to accomplish this change in
direction of the off -site improvements:
1. Larimer County will need to agree to the change in the direction of the off -site
improvements.
2. The applicant will still be required to contribute money as previously agreed
for the intersection improvements at State Highway 1 and Douglas Road,
since a significant portion of your development's traffic will stilt choose that
route.
3. The applicant will need to contribute funds to the improvement of CR 11,
Mountain Vista Drive, and Timberline Road as other developments in the
area have done. This will need to be done at the time of approval of the plans -
Contact Matt Baker at 221-6605 to obtain an estimate of this amount.
4. Improvements shall include widening as necessary at Hearthfire Way and
Douglas Road and Douglas Road and CR 11 to accommodate the necessary
turning movements (i.e., left turn and right turnlanes and appropriate
transitions as required).
5. Provide a complete set of utility plans to be approved by the City and the
County for the proposed improvements. These d ill be reviewed through rile
normal process and shall be reviewed and approved by all pertinent entities
and/ or utilities.
6. All easements necessary to accomplish the improvements will need to be
obtained and submitted prior to the approval of the plans.
-:M North Culle1c Avcmlc • t'.O. Box 560 • Fort Col!3n5, t O 5052'_-i;5S0 • (970) 221-tio05 � F1,X (970) 2?1-o3iB
www.d fort-ccili n=-.::o.us
Page 2
Hearthfire and Douglas Road
October 26, 2000
7. The applicant shall send out a notice to the neighborhood and all affected and
adjacent property owners about the change in improvements to be done. A
copy of said notice shall also be sent to the City and the County for
information.
8. The applicant shall hold a neighborhood meeting at such time it is deemed
necessary by the City or the County.
If you have any questions regarding this please contact me at (970) 221 — 6605.
rSincerely,
Cam McNair, PE
City Engineer
cc: Gary Diede, Director of Transportation Operations
Lucia Liley, March and Liley
Mark Peterson, Larimer County Engineer
Steve Olt, Current Planning
Matt Baker, Engineering
Ward Stanford, Traffic Operations
Kathleen Reavis, Transportation Planning
File
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