HomeMy WebLinkAboutHUNTINGTON HILLS PUD SEVENTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-03DEVELOPMENT AGREEMENT
THIS AGREEMENT, is made and entered into this M:N day of Se,—ramse
2000, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as the "City"; and ANDOVER FOSSIL CREEK, LLC,
a Texas limited liability company, hereinafter referred to as the "Developer"; and
HUNTINGTON HILLS, LLC OF COLORADO, a Colorado limited liability company,
hereinafter referred to as "Huntington Hills".
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated in the
County of Larimer, State of Colorado, (hereafter sometimes referred to as the "Property"
or "Development") and legally described as follows, to wit:
Huntington Hills P.U.D. — Filing No. 7, located in Sections 1 and 12, Township 6
North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State
of Colorado, and
WHEREAS, the Developer desires to develop the Property and has submitted to the
City all plats, plans (including utility plans), reports and other documents required for the
approval of a final plan according to the City's development application submittal
requirements master list (the final development plan documents) copies of which are on
file in the office of the City Engineer and made a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of the Property
will require increased municipal services from the City in order to serve such area and will
further require the installation of certain improvements primarily of benefit to the lands to
be developed and not to the City as a whole; and
WHEREAS, the City has approved the final development plan documents submitted
by the Developer subject to certain requirements and conditions, which involve the
installation of and construction of utilities and other municipal improvements in connection
with the Property; and
WHEREAS, the improvements required by the City include the installation of street
improvements for the undeveloped portion of Fossil Creek Parkway, including the bridge
over Fossil Creek: and
WHEREAS, a sketch plan of the Development area and the portion of Fossil Creek
Parkway to be improved is attached hereto as Exhibit "A" and incorporated herein by
reference, which sketch plan divides the portion of the Fossil Creek Parkway to be so
u
all of the costs, including engineering, construction management, design and construction
costs, for the portion of such Fossil Creek Parkway Improvements to be installed within
Area 3 (the "Area 3 Fossil Creek Parkway Improvements") and for the Fossil Creek Bridge,
such improvements hereinafter collectively referred to as "the City Improvements." In the
event that the Developer completes the Sewer Line Relocation pursuant to Section 11.13
hereinabove, the Sewer Line Relocation shall be included in the definition of "City
Improvements." Huntington Hills shall pay all of the costs, including engineering and
design costs, of installing the Fossil Creek Parkway Improvements in Area 1 and the
Developer shall pay such costs for Area 2.
2. Exhibit "F", attached hereto and incorporated herein by reference, is
a sketch depicting a pedestrian path running under the Fossil Creek Parkway Bridge,
through property owned by the City ("Park") and through the Development to the Mail
Creek Bridge ("Pedestrian Path"). Prior to the release of the seventh (7th) certificate of
occupancy for the Development, that portion of the Pedestrian Path shown as Area A on
Exhibit "F" shall be; constructed by the Developer, and within forty-five (45) days after
acceptance of the improvements by the City, along with receipt of required documentation
by the City, one hundred percent (100%) of the design, engineering, construction
management and construction costs therefor shall be reimbursed by the City to Developer.
"Required documentation", for purposes of this subparagraph D.2, shall mean: (i) an
invoice from Developer, the Engineer or construction manager for any engineering design
services for the project; (ii) the contractor's application for final payment approved by
Developer's engineer or construction manager; (iii) a letter from Developer and/or
contractor certifying that final payment has been received by the contractor; and (iv) a letter
from Developer and/or the Engineer certifying that final payment of engineering fees has
been made. Prior to the release of the seventh (7th) certificate of occupancy for the
Development, that portion of the Pedestrian Path, shown as Area B on Exhibit "F", shall
be constructed by Developer, and within thirty (30) days of acceptance of such
improvements, the City shall reimburse Developer for the cost to construct three feet (T)
of the width of the eight -foot (8')-wide Pedestrian Path in Area D, including design,
engineering, construction management and construction costs therefor. Area C on Exhibit
"F" is not part of this Development, and the Developer has no responsibility for those
improvements. The bridge portion of the Pedestrian Path shown as Area D on Exhibit "F"
shall be the responsibility of the City to design and construct in its sole discretion as to
timing of construction and cost of the same.
3. Prior to the issuance of the seventh (7th) certificate of occupancy for
the Development, Developer shall complete the construction of a pedestrian bridge over
Mail Creek, eighty (80) feet long and ten (10) feet wide, in accordance with the final
development plan documents.
4. The City and the Developer have negotiated the final location of the
pedestrian bridge crossing of Mail Creek. This crossing location requires an eighty (80)-
foot span, which is longer and more expensive than originally planned for by the Developer
but will minimize the construction impact to the City -owned Natural Area at the Mail Creek
10
Jtcpox a 9094o94ss� EXHIBIT °B"
M"CPMBEfG%R +E.^^ORCsi 9 :.A.i:MER '7d. iV : 00 a PACPS
_ -OUMT. STATP rP' 20.0u
Dec PPP 8
_
iPEC A! WA21 tVrY DEED TO AUM7N(;TON 8.00
—
THIS NDE MNZ made this ,;J /-d day of C. , r - 1999, E
OFmFORT COLLINS, a Mtmicipai Co�oo "� ��` `�'
Avenue. Fort7HE cm,
as
�COLO; CO 80521 (the "Grantor") � � ads of J00 jone
V XAD0, a Cobndo Liwifed Liability Campey yayiai a maifiog o fLLC OF
Cherry Sheet Suits 435, Deaver, CO 80246 (the "Grantee"), Sarah
a' ER USED MMM THE TERMS "G AND
REPRESETrATr DVCLUDE ALL THE PARTIES TO THH AM RANTOR"
AND Ul f, AND Tie � LEGAL
ASSIGNS OF CORPORATIONS S AND OLIMrrW AB n, COWAND SU CCE4SORS AND
s�rrN—
valaa6L- 3a the receipt ofI In vAuch
�ho of the atop of Teo (SlfkOp) DaWrs other
M' COov; - releases sad transfers umo13 �y a kwwledged, herebyaR� �iM
i`P:operty I sim� is Latimer County, Colorado,�t the tollmvrog destxt3ed PAY
SEE E GUB1' -B" T•ACHED FfE TO �-0 .tiLiDE APART HEREOF:
Said v'rantor does herry m4arram the
ode to the PropertY, and will deferam
agaiarr the lawful clams of ail 7etSaas claimiag by, ,bmu nd the or under it. bur against aom o=
except for the following excepcoas:
A. All easements and rights•af--way in place;
B All easements, eavemnts,
agrRsenaooas, raaicoans, "ghts-c"V, and
+�eatt Pr'sendy of record,
p� C- Any record,,
mervaoons
Colorado or excepdoas conuiacd is any Ummd Stites
or Sate Of patents of retard;
CC
O. All mm
aing and other governecral tales and reguledo;
Ul ori, 8a+ or other mines! tacratioos or excepdom X"ativ of mcard;
R
Cit)= . Rod dal P1OPMY cues. aasesamean and cis egm for the yew of the dtt of
O" - 9i2199
Security Title f
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All,l,
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ry
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i}se Property is conveyed ti "ar is" e CcoWihoq as Rich tam is dt&W in
'Laacac: of Sale .ytd �tachtse beRveen the parties deed Augm Ia. jM.
I-4t•1959 H. This croovey M is Sudwr{yed by the Cny of Fat Copier
Oranaaee No.
- ')"[T' ES WRWOF, the said Gramor by its Mayor as berewder
be signed the day year first above sysimen. rasssid m rime to
A
-`City Clerk- --
CoCN, . OF L.ARILaZ i SS.
- j
THE CITY OF FORT COLLAiS
a Msmieipai Coepor>ix6a
By: (V
Ch wa waooq ►6 L Tim
r•�•=C ni 10 :31:
r
k=..-= t C:,Y �ttde�
i ^e iorcgaiag insa cnt was sekaowledged before me this �;I day of
99, by Charles V/wm r, Mayor Pro Tern of the C. oC Fort Copies, and
aads Anlicek 19Cin• Cleric of the City ofry Fort Collins.Callus
htv C- rt rrussion expires:
i
�sa Ll ffz.,as
Notary, public
E.l'IIIBNT B
OAKFARK TO CIIy
CITY TO HANia(GTON Im
A PARCEL OF LAND LOCATED IN SECTION !, T6D( R69q+ 34
OF
PRITICIPAL MERIDIAN COUN7YOF ITE oX
ORE PARTICULARLY DESCRRMED AS WS.. ATEOF COLOR LDO; BMXG
� BI NG AT TM
HY AU#6 TER CORNER OF SAID S cnw
So C7r PLS I7502, AND CON mMW,REBAR Wn$ A�
�T QUARTER OF SAID SECTION 71M CAP
BEARING OF A83�AI••II�A EAS 1 END CAP SOT SAID L MPtS REAN
� REBAR V.
BEAR.2 GS RELATIVE TMMEro; Z0127) "MALL onft
TFE (f NW'2632'E, 250.19 �T ALONG THE NORTN3�OU3H
OF SAID SECTION I; Cent INE
17ENCc S89004 59 11529 Fes_-,,-
171E 10E S00•c5'01"PV23.01
41 ZEE-,
7m Nt`S00^_6J2'W, 136.81 �-,
,Z' CE S8ges4n•Q 287.05 Fe::,.
�'yCE SCO"5'0
T`�"ICE S89'pa 5g•E 226.56 FEE_.
Tnn"NICE S7c..:,...t ;26.88 FFEE7,
T"ENCE 557.1836•E, 53.76 F
I'z SCE S89'0T15'" 63.82 FL,
TfENCE 549^613'" 12.50 r-EE* TO A POINT ON THE SOUTH LpE OF 1$
SOMfMAST QUARTER OF SAID SECTION 1; 1HENt - NSM6'_20'W, 948.05 FEET ALONG THE SAID SOUTH LINE OF
SECTION 1 70 TIM POINT OF 3EGDMG.
TOTA:• OF SAID DESCiI3ED PARCEL IS 2.I8 ACRES I
FM
AND i5
ORDECOR7 ,�R . TO `NY CONDITIONS, EASE6,MM OR RI OR
aT \0 W 7C'.ST ON THE GROUND. �s-OF-WAY
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AGREEMEPIT OF SALE AND PURCHASE
THIS AGREEMENT, made and entered into this 4th day of February, 1?a2
partnershby and ip, hereinSIL after
hIEAU06IS OEVELWIFi JT GROUP a Colorado ;=n-ral
P. designate,] as "Seller", and THE CITY OF FORT
COLLINS, COLORAOO, a municipal corporation, hereinafter designate as
"Purchaser".
WITHESSETH:
1. Seller agrees to sell to Purchaser and Purchaser agrees to pur-
chase that certain real property situate in the County of Larimer, State of
Colorado, more particularly described on Exhibit "A" attached hereto and by
this reference made a parhereof, together with all improvements and
t
appurtenances but subject to reservations or restrictions of record,
easements and rights -of -way of record or in place and restrictive cove-
nants, and also including the conveyance by the Seller to the Purchaser of
all appurtenant water storage and/or irrigation rights presently owned by
the Seller in that certain reservoir known as the "Portner Reservoir"
in Larimer County, Colorado, and 3.75 shares of stock in the Louden Irri-
gating Canal and Reservoir Company and 3.75 shares in the North Louden
Ditch and Reservoir Company.
2. Seller agrees to convey that property as described on Exhibit "A"
to the Purchaser at the time of closing by good and sufficient warranty
deed, conveying fee simple title, free and clear of all liens and encum-
brances, provided, however, that the conveyance from the Seller to the
Purchaser to the aforesaid water storage rights in the Portner Reservoir
shall be made by quit claim deed, and without warranty. Seller agrees to
furnish to Purchaser on or before February 3, 1982, at Seller's expense, a
commitment for a title insurance policy in the amount equal to the purchase
price, showing merchantable title, and after closing, furnish the title
Policy. Such commitment and the title policy when issued will except any
insurance with regard to water rights.
3. As the full purchase price therefor, Purchaser agrees to pay to
Seller the purchase price of $926,000, $706,450 of which will be paid in
cash or certified funds at the time of closing with the remaining balance
of $219,550 to be paid to the Seller by the Purchaser's delivery to the
Seller, at the time of closing, sufficient City of Fort Collins' water
certificates, which certificates shall be valued at $1,700 per acre-foot,
to total the said sum of $219,550.
4. It•,is understood and agreed that a certain portion of the property
to be conveyed by the Seller to the.. Purchaser is being donated to the
Purchaser by said Seller and that the aforesaid donated property, more
particularly describe,,d below, has been valued by the Seller as follows:
48.2 acres of land, including
Portner Reservoir, and
appurtenant water rights $500,000
5. Closing of the within transaction shall b- held on or before the
5th day of February, 1982, at such hour and plan' as shall be r,
upon by the parties hereto. At the time of closing, a�gre
taxes and assess-
ll
ments against the property for previous years, t;, accrued interest,
utilities and insurance shall be paid; and ren
and in addition taxes and assess-
ments for the current year up to date of closing shall be adjusted between
Purchaser and Seller.
6. Possession of the premises shall be given to
of closing. Purchaser at the time
7. Any notices
d or
shall be deemed delivered uifedesired
givvenpersonally to the party, orthis
mailedent to
the party at the following address:
Seller: Fossil Creek Meadows Development Group
7625 West 5th Avenue, Suite 200E
Lakewood, Colorado 80226
With a copy to: Brian D. Fitzgerald
McMartin, Burke, Loser & Fitzgerald, P.C.
600 First Interstate Center
3333 South Bannock Street
Englewood, CO 8o110
Purchaser: City of Fort Collins, Colorado
P. 0. Box 580
Fort Collins, Colorado 80522
tion . Time isof not the essence enderhered eof,and if performednby Payment or other condi=
Pur-
chaser as herein provided, then this contract shallybe�tll Seller or and void d of
no effect, and both parties hereto may be released from all obliigations
hereunder. In the event of such default by Purchaser, and Seller elects to
treat the contract as to miinated, then all payments made hereunder shall be
forfeited and retained on behalf of the Seller. In the event of such
default by the Seller, and Purchaser elects to treat the contract as
terminated, then all payments made hereon shall be returned to the Purchas-
er. In the event, however, the non -defaulting party elects to treat this
contract as being in full force and effect, then nothing shall be construed
to prevent its specific performance. The non -defaulting party shall be
entitled to -reasonable attorneys' fees and expenses incurred by said party
in any effort to collect the money clue or enforce said party's rights under
this contract.
9. It is understood and agreed that the Seller will be
maximum points for each phase of the Huntington Hills project on theCityof Fort Collins Land Development Guidance System density chart for the
following criteria:
-2-
A - 3,500 feet of an existing or reserved neighborhood park,
4,000 feet of an existing or reserved community park;
C - 3,000 feet of a major employment center (Kelmar Strip).
10. It is further agreed that any and all
will be the responsibilitpark land maintenance costs
y of the Purchaser and any costs associated with
improvements desired to be made by the Purchaser to the dam of the Portner
Reservoir wi11 also be the responsibility of the Purchaser. All inlets,
outlets, gates, sluices, and other items of equipment or fixtures per_
twining to the dam and other works of the Portner Reservoir and its opera-
tion are conveyed by the Seller to the Purchaser as is, where is, without
warranty of workmanship, materials, usability, fitness re is, without
11. The Purchaser will be responsible for its proportionate share of
design and installation costs of the domestic water and sanitary seder
mains and gas and electric transmission lines serving the herein described
property. At the time of development of said property, the Purchaser,
subject to the following condition, ,rill reimburse to Seller, upon presen-
tation of invoice, or pay that portion of the costs of such utilities which
is attributable to Purchaser's projected usage of such utilities for
service to said property. Should Purchaser develop said property prior to
development by Seller of that portion of Huntington Hills also served by
such mains and transmission lines, Purchaser shall coordinate installation
of mains and transmission lines with Seller and Seller shall bear its
proportionate share of the costs thereof. The aforesaid costs shall
include all costs of engineering, design and construction.
12. The Purchaser shall be responsible for street improvement costs to
Lemay Avenue, Fossil Creek Parkway, and that certain collector street along
the western boundary of the property described on Exhibits "A" and "p"
only to the extent that the aforesaid streets are adjacent to and
against that property as described on Exhibits "A" and "B11. abutting
street improvements would be made at taforesaid
Pe time of development The afthose
properties as described on Exhibits "A" and "B" or as necessitof ated by
development of adjacent properties.
13. Recognizing that the budgetary ordinances of the City of Fort
Collins do not enable the contracting for monetary obligations on the part
of the City which have not been appropriated in the current budget, the
parties confirm that a portion of the consideration for the sale of property by•the Seller to the Purchaser is the Purchaser'the
s acknowledgement
that it has obligations for bearing its proportionate share of the costs of
utilities and streets: 'serving the property all as described in Paragraphs
11 and 12 hereof. accordingly, the City agrees that it will use its
sincere best efforts, consistent with good municipal policy, to include .
such items in the budgets for the years in which such improvements become
necessary or are desirable. Should the Purchaser fail to make approoria-
-3-
tion for all or any part
after sixty days' notice
of such
to the
items, the Seller shall have the right
request reimbursement for
City
Seller's
Manager, to install such
suchitems
share
,
and
thereto, or, in the alternative,
of all costs and related
offset the
costs and expenses against
any sums
Purchaser's share of
Owed by Seller
such .
purpose.
to the Purchaser for
any
14. The Seller agrees to obtain all water and sewer utilities for the
Huntington Hills Development from the Purchaser at such time as said
services are reasonably available from the Purchaser to service said
development. Special use district services may be used until such service
is available from the Purchaser.
15. In consideration of the mutual promises of the parties hereto, it
is understood and agreed that the 3.9 acres designated as a neighborhood
park site on the southern portion of the Huntington Hills master plan need
not be used for park purposes and may be incorporated into the developable
land at such time as the Huntington hills master plan is amended.
16. This Agreement shall be binding upon the parties hereto, their
heirs, personal representatives, successors and assigns and shall not be
construed to merge into the deeds executed at closing as it relates to
continuing obligations.
17. The within contract shall not be assigned without the other
party's prior written consent.
Ili WITNESS WHEREOF, the parties hereto have signed this Agreement the
day and year first above written.
SELLER:
FOSSIL CREEK MEADOWS DEVELOPMENT GROUP,
a Colorado General Partnership
6y: FIRS�fESTERN RESOURCES, IPIC.,
ia—P'a rtner
am P. DuJr.
ATTEST:
Secretary
-4_
717
ATTEST:
Ctty Clerk �—
J
APPROVED AS TO FORM:
(•(/ /u-���'/:mow,
Assistant City Attorney
-5-
PURCHASER:
CITY OF FORT COLLINS, COLORADO,
A Municipal Coroorarinn
0
ICU r E, r r. L'AM<S L I
A tract of land locateci F J� .
in the not east l/4 o tiOn 7
Fvrgz 69 west of the 6th Pr 1-. To.,nsh_� o
inciral Neridari, City Of Fort Collins, co::.:_-/ of
Lari�r, State of Colorado. Dore par-ticala-jy c]escriba_d as Pollogs:
considering the east line of the northeast 1/ of Sect- i 12 as b-arin7 00' 02
04" W with all bearings contained herei*i relative thereto and carcrencis:g a" th
northeast corner of said Section 12, rnncrrent l b_✓ a Ito. 4 re r with no moo;
Treece, along the east lire of the PZE 1/4, S 00' 02' 04" E 720.0 fthe
TrLe Point of Beginning; 0__�`U to
thence
N
59'
38'
D7.
200.00
feet
thence
N
86'
33'
W'
thence
N
51'
13'
W'
250.00
feet
thence
N
24'
14'
P7.
550.00
feet
thence
N
51'
17'
iJ.
100.00
feet
thence
S
73'
43'
W.
0.00
feet
thence
N
53'
13'
LJ.
130.00
feet
thence
N
30'
12'
E.
170.00
feet
thence
N
31'
05'
W.
feet
65.64.
fret
to a point on the north line of the northeast 114 of said Section 12; thence,
along the north line N 89' 12' 50" IN, 480.00 feet, thence S 34' 13' E 150.00 fee:
thence
S
13'
47'
W.
100.00
feet
thence
S
82'
02'
W.
100.00
feet
thence
S
46'
29'
11" LJ.
53
53 0.27
27
feet
thence
S
80'
02'
W.
feet
thence
N
260
48'
11.
150.
0.00
feet
thence
S
67'
17'
IJ•
250.00
feet
to a point on the centerline of a proposed street. Said point is the -0 o_
curvature for a curve concave to the souLhrest whose radius is 610 feet, cet nt=
angle of 33' 30' and a long chord which bears S 6" 17' 56" E. 351.60 feet; t
along said curve a distance of 356.66 feet; thence, leaving said curve, `
thence
S
S
73'
33'
47'
30'
56"
31"
E.
300.60
feet
thence
S
03'
31'
45"
E.
E.
297.64
feet
thence
S
00'
59'
52"
E.
206.46
feet
thence
S
19'
37'
06"
E.
105.51
feet
thence
S
29'
39'
02"
E.
133.27
feet
thence
S
40'
42'
13"
E.
369.22
feet
thence
S
77'
37'
42"
E.
160.34
feet
thence
S
34'
36'
32",E.
.162.28
182.22
feet
feet
thence
S
87'
16'
53"'E.
206.36
feet
thence
N
79'
51'
15)
E.
193.70
feet
thence
S
670
51'
35"
E.
183.20
feet
thence
S
84'
02'
39"
E.
124.46
feet
thence
S
81'
32'
10"
E.
131.14
feet
thence
N
77'
33'
37"
E.
153.22
feet
thence
N
75'
47'.01"
E.
106.46
feet
thence
11
86'
47'
25"
E.
140.92
feet
thence
S
60.08'
19"
E.
204.63
feet
crossing location. In recognition of this, it is mutually agreed that the Developer shall not
be required to contribute the sum of Fifteen Thousand Dollars ($15,000) toward the
restoration of the Natural Area, pursuant to paragraph 5(B)(i) of the Agreement of
Exchange of Real Property between the City and Huntington Hills dated August 10, 1999.
Instead, such sum shall be applied to the Developer's cost for construction of the
pedestrian bridge. The City agrees to reimburse the Developer the difference in cost to
widen the pedestrian bridge from eight (8) feet to ten (10) feet, including the additional cost
of widening all structures associated with the bridge.
5. That stretch of Fossil Creek Parkway from the northern boundary of
the Fossil Creek Parkway Improvements through the Fossil Creek Meadows Subdivision
has been designed by Developer and is shown on the approved final development plans
(the "Off -Site Fossil Creek Parkway Improvements"). Upon approval by the City of the
final development plans for the Off -Site Fossil Creek Parkway Improvements, Developer
shall deliver to the City an itemized accounting for the cost of such plans (including
engineering, soils report and traffic study). Within forty-five (45) days thereafter, the City
shall reimburse Developer the cost for such plans in accordance with Section 24-112 of
the City Code. Prior to the release of the seventh (7th) building permit for the
Development, Developer shall pay to the City an amount equal to the sum of Seventy -Eight
Thousand Nine Hundred Fifty -One and 60/100 Dollars ($78,951.60) in full satisfaction of
the Developer's obligations for the Off -Site Fossil Creek Parkway Improvements. Exhibit
"G", attached hereto and incorporated herein by reference, is a breakdown of the cost
owed by the Developer.
6. The Developer shall improve Mail Creek Lane with an asphalt
pavement overlay from the southern boundary of Werner Elementary School to its
intersection with Fossil Creek Parkway to a 20-year life as shown on the final development
plan documents. Upon the Developer's completion and the City's acceptance of Mail
Creek Lane, the Developer shall be entitled to a reimbursement of Eight Thousand Five
Hundred Twenty -Three Dollars ($8,523) from the City as a contribution collected by the
City from the Miramont Valley PUD. This contribution was determined by the City as the
amount necessary for the installation of sidewalk, curb and gutter along the portion of Mail
Creek Lane that fronts (though not adjacent to) the Miramont Valley P.U.D. for an
approximate distance of three hundred (300) feet. School crossing signs and/or flashing
lights on Mail Creek Lane shall not be an obligation of this Development, provided,
however, that Developer shall be responsible for providing an alternate safe access to
Werner Elementary School if the overlay project is conducted during the school year, while
school is in session.
7. Along with the Mail Creek Lane improvements, the Developer shall
install permanent improvements consisting of asphalt paving and concrete curb returns
connecting Roma Valley Drive to Mail Creek Lane to replace the existing temporary asphalt
paving and curb returns. Upon completion and acceptance by the City of said
improvements, the Developer shall be entitled to a reimbursement from the City to cover
one hundred percent (100%) of the actual cost of said improvements.
11
-o a point of
central angle
curvature concave south--drd whose radius
of 90 47'
is 339.89 feet,
57.98 feet, thence
08" and a
alongsaidcurve
long chord which bears
distance
S 770 11' 38" E,
leaving said curve,
a of 58.05
S 72 181 04' E., 99.97
feet; thence,
of said Section
12, n-ommented by
feet to the
a NO. 4 rebar with
east 1/4 corner
no
cap,
thence N 89'
57' 56" E.
30.00 feet
thence N 23'
03' 56" E.
554.90 feet
thence N 9'
31' 24" E.
216.64 feet
thence N 26°
27' 04"
570.20 feet
thence S 89'
57' 56" {J•
30.00 feet
thence N 00°
02' 04" {J.
640.70 feet
to the True Point of Beginninq.
Said tract contains 99.9084 acres, npre or less.
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EXHIBIT G
Off —Site Fossil Creek Parkway
Improvements
CLIENT: Andover Fossil Creek doB No: 0866-013
PROJECT: Fossil Creek Parkway within Fossil Creek Meadows CALCULATIONS FOR: Paving Costs
MADE BY: SAS DATE'. 8/29/00
SHEET: 1 OF 1
This exhibit is for the cost for the 4 1/2" asphalt paving overlay required for Fossil Creek
Parkway within Fossil Creek Meadows.
Paving Area =
Paving Cost =
Total Paving Cost =
Responsible
Entity
City of Fort Collins
Andover Fossil Creek
13,496 s.y.
$9.00 S.Y.
$121,464.00
Allocated
% lost
35 $ 42,512.40
65 $ 78,951.60
Note: Estimated cost of the 4 1/2" asphalt overlay is from a bid from Schmidt Earth
Builders, Inc. on 7-21-01
EXHIBIT H-1
Off —Site Drainage, Pedestrian
Access and Slope Easement
_DRAINAGE, PEDESTRIAN ACCESS AND
SLOPE EASEMENT
AN EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 6
NORTH, RANGE 69 WEST, OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO;
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT BEING
MARKED BY A #6 REBAR WITH A 3 X" ALUMINUM CAP STAMPED PLS 17502; AND
CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 TO
HAVE AN ASSUMED BEARING OF S89006'20"E, (EAST END OF SAID LINE BEING MARKED BY
A #6 REBAR WITH A 3 ''" ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER
BEARINGS RELATIVE THERETO;
THENCE N47046'54"W, 441.16 FEET TO THE POINT OF BEGINNING;
THENCE N36043'18"W, 20.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF MAIL
CREEK LANE;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY THE FOLLOWING FOUR COURSES:
1. N53-16'55"E,62.23 FEET;
2. ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 470.74 FEET, AN ARC LENGTH
OF 185.07 FEET, A CENTRAL ANGLE OF 22°31'32", AND A CHORD BEARING
N42°00'56"E, 183.88 FEET;
3. N30°45'10"E, 174,61 FEET;
4. ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 575.31 FEET, AN ARC LENGTH
OF 236.77 FEET, A CENTRAL ANGLE OF 23034'48", AND A CHORD BEARING
N18057'46"E, 235.10 FEET;
THENCE S89041'07"E, 5.60 FEET;
THENCE S00018'53"W, 123.77 FEET;
THENCE S00026'32"W, 31.28 FEET;
THENCE N89°33'28"W, 25.04 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 595.31 FEET, AN ARC
LENGTH OF 86.94 FEET, A CENTRAL ANGLE OF 8°22'02", AND A CHORD BEARING
S26034'09"W, 96.86 FEET;
THENCE S30045'10"W, 174.61 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 490.74 FEET, AN ARC
LENGTH OF 192.99 FEET, A CENTRAL ANGLE OF 22°31'58", AND A CHORD BEARING
S42001'09"W, 191.75 FEET;
THENCE S53°16'55"W, 62.17 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 13,601 SQUARE FEET MORE OR LESS AND IS SUBJECT TO ANY
EASEMENTS AND RIGHTS -OF -WAY OF RECORD OR THAT NOW EXIST ON THE GROUND.
SURVEYOR'S STATEMENT
I, Robert L. Hahn, a licensed land surveyor in the State of Colorado, do hereby state for and on
behalf of TST, Inc. Consulting Engineers, that this Legal Description and Exhibit accurately
represent the results of a survey made under my responsible charge and prepared in accordance
with applicable laws of the State of Colorado at the time of this survey, to the best
knowledge, information and belief, a�«tigi9Pfttrvr,
S. Date
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EXHIBIT H-2
Off -Site Drainage, Pedestrian Access
and Slope Easement
DRAINAGE, PEDESTRIAN ACCESS
AND SLOPE EASEMENT
A 20-FOOT WIDE EASEMENT SITUATE IN THE SOUTHWEST QUARTER OF
SECTION 1, TOWNSHIP 6 NORTH RANGE 69 WEST, OF THE 6TH P.M.;
COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID
POINT BEING MARKED BY A #6 REBAR WITH A 3 �/4" ALUMINUM CAp
STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 1 TO HAVE AN ASSUMED
BEARING OF S89006'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6
REBAR WITH A 3 Y4' ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER
BEARINGS RELATIVE THERETO;
THENCE ALONG THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF
SECTION ONE, N89004'48"W, 207.00 FEET TO THE POINT OF BEGINNING.
THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID SOUTHWEST
QUARTER OF SECTION ONE, N89°04'48"W, 25.26 FEET;
THENCE N36043'18"W, 322.93 FEET;
THENCE N53016'42"E, 20.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF
FOSSIL CREEK PARKWAY;
THENCE CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY OF FOSSIL
CREEK PARKWAY S36043' 18"E, 338.36 FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 6,613 SQUARE FEET MORE OR LESS AND IS
SUBJECT TO ANY EASEMENTS AND RIGHTS -OF -WAY OF RECORD OR THAT
NOW EXIST ON THE GROUND.
SURVEYOR'S STATEMENT
I, Robert L. Hahn, a licensed land surveyor in the State of Colorado, do hereby state for
and on behalf of TST, Inc. Consulting Engineers, that this Legal Description and Exhibit
accurately represent the results of a survey made under my responsible charge and
prepared in accordance with applicable laws of the State of Colorado at the time of this
survey, to the best of my knowledge, information and belief.
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EXHIBIT J"TO DEVELOPMENT AGREEMENT FOR
HUNTINGTON HILLS 7TH FILING
Specifications for Brochure As a condition of approval for the development of the
Huntington Hills 71h Filing, the developer must, at its expense, design and print an
interpretive brochure to explain to residents of the development the character , resource
values, and appropriate use and ownership of the Natural Area surrounding the
development site. The specific design and content of the brochure shall be proposed by
the Developer and approved by the City of Fort Collins Natural Resources Department
prior to printing and distribution. The brochure shall be of comparable type and quality
as the attached example brochure, "Adopt a Natural Area". At a minimum the brochure
shall be designed for production on 8'/2" by I I" paper, with printing on both sides of the
paper, and folded into three sections for a folded size of approximately 3 3/a" by 8'/2".
The brochure shall be printed on recycled paper with vegetable -based inks.
The design shall incorporate appropriate photographs, line art, and/or graphics in addition
to explanatory text. The brochure shall have a minimum of two colors. Color shall be
used to create visual attractiveness and to guide the reader through the brochure. The
back panel of the brochure shall contain the following statement:
"Brochure developed by (developer name). For further information about the
Natural Area, please contact the City of Fort Collins Natural Resources
Department at (970) 221-6600."
The Developer shall print a quantity sufficient to distribute to all residents of the
development. Developer shall reprint the brochure as necessary to make the brochure
available to new residents for a period of 5 years.
Specifications for Interpretive Signs. As a condition of approval for the development of
the Huntington Hills 71Filing, the developer must, at its expense, design, fabricate and
install three interpretive signs. The specific design and content of the interpretive signs
shall be proposed by the Developer and approved by the City of Fort Collins Natural
Resources Department prior to fabrication and installation. The signs shall be designed
to explain to residents the character , resource values, appropriate use, and ownership of
the Natural Area surrounding the development site. The signs shall use appropriate color,
photographs, artwork, and/or other graphics to provide an attractive, informative sign; an
example of the expected quality is provided on the attached design entitled, "Birds Thrive
on the Treeless Plains. " The signs shall be a minimum of 18" by 36" in size and
constructed of material with a minimum 10-year life, which is resistant to ultraviolet
light and damage by vandals. Examples of suitable materials are a laminate diabond
surface or a'/2-inch thick Folia high pressure laminate. Depending on the materials
chosen, the signs may require frames, backers, and stanchions for support. These parts
shall be black -powder coated steel with tamper -resistant screws. Stanchions shall be set
in concrete.
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8. As a condition of the City's approval of the Development, the
Developer is required to obtain for the City two drainage, pedestrian access and slope
easements, over and across Open Area Tracts C, D and E of Fossil Creek Meadows, First
Filing (the "Open .Area"), which easements are described and depicted on Exhibit "H-1" and
"H-2", attached hereto and incorporated herein by reference (the "Off -Site Easements"),
from the Fossil Creek Meadows Homeowners' Association, Inc. (the "Association"). The
Association has represented to the Developer its willingness to grant the Off -Site
Easements but is unable to do so because the Articles of Incorporation of the Association
require affirmative approval of seventy-five percent (75%) of the homeowners within Fossil
Creek Meadows. The City also needs to acquire certain easements within the Open Area
and intends to file an eminent domain proceeding to acquire the same, along with the Off -
Site Easements. In lieu of Developer's requirement to obtain the Off -Site Easements, it
shall therefore pay to the City, prior to the release of the seventh (7th) building permit for
the Development, the sum of Twenty -Three Thousand Four Hundred Seventy -Eight
Dollars ($23,478), which sum is equal to one hundred fifty percent (150%) of the
Developer's share of the City's estimated cost to acquire the Off -Site Easements, including,
but not limited to, court costs, legal and engineering fees, the estimated fair market value
of the Off -Site Easements and the estimated cost of sidewalk improvements to be installed
in the Off -Site Easements. Deposit of such sum into escrow shall satisfy Developer's
obligation to obtain the Off -Site Easements and construct the sidewalk improvements.
Following acquisition of the Off -Site Easements and construction of the sidewalk
improvements by the City, all escrowed funds in excess of the City's actual costs for
acquisition and construction shall be promptly refunded to Developer.
9. The City shall make reimbursement to Huntington Hills and Developer
for the oversizing of the Fossil Creek Parkway Improvements in accordance with Section
24-112 of the Code of the City. Reimbursement for such oversized improvements shall be
for oversizing Fossil Creek Parkway for Areas 1, 2 and 3 as shown on Exhibit "A". The City
agrees to reimburse Huntington Hills and the Developer for the oversizing of the Fossil
Creek Parkway Improvements, based upon the percentage of cost each has for the
aforesaid improvements as set forth on Exhibit "I", attached hereto and incorporated herein
by reference.
Huntington Hills and Developer agree and understand that the City shall have no obligation
to make reimbursement payments for street oversizing unless funds for such payments
shall first have been budgeted and appropriated from the Street Oversizing Fund by the
City Council; and Huntington Hills and Developer further understand that to the extent that
funds are not available for such reimbursement, the City may not, in the absence of
Huntington Hills' and the Developer's agreement, require the construction, at Huntington
Hills' and Developer's expense, of any oversized portion of streets not reasonably
necessary to offset the traffic impacts of the Development. Huntington Hills and Developer
do hereby agree to construct the aforesaid oversized street improvements with the
understanding that Huntington Hills and Developer may not be fully reimbursed by the City
for the cost of such construction. Huntington Hills and Developer further agree to accept
payment in accordance with Section 24-112(d) of the Code of the City as full and final
settlement and complete accord and satisfaction of all obligations of the City to make
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EXHIBIT "L"
Refer to the Final Plat for this Development
reimbursements to Huntington Hills and Developer for street oversizing expenses. It is
anticipated by the City that the City's reimbursement, in accordance with Section 24-
112(d), would not be less than fifty percent (50%) of the total actual expenses incurred by
Huntington Hills and Developer and will be calculated in accordance with the formula as
set forth in Section 24-112(d).
10. It is understood that the improvements that are to be constructed in
the public right-of-way as described in this Section II(D) are "City improvements" (as
defined below) and, as such, any contract for the construction of the same must be
executed in writing. If the cost of such improvements exceeds the sum of Thirty Thousand
Dollars ($30,000), the contract for the construction of the same must be submitted to a
competitive bidding process resulting in an award to the lowest responsible bidder, and
evidence must be submitted to the City prior to the commencement of the work showing
that the award was given to the lowest responsible bidder. If the cost of such
improvements exceeds Fifty Thousand Dollars ($50,000), the contract for the construction
of the improvements must be insured by a performance bond or other equivalent security.
For purposes of this paragraph, the term "City Improvements" shall mean either (1) existing
improvements owned by the City that are to be modified or reconstructed, or (2) any
improvements funded in whole or in part by the City.
11. Except as otherwise provided herein, the Developer is responsible for
all costs for the initial installation of traffic signing and striping for this Development related
to the Development's local street operations. In addition the Developer is responsible for
all costs for traffic :signing and striping related to directing traffic access to and from the
Development (e.g., all signing and striping for a right turn lane into the Development site).
12. Following completion of all public infrastructure improvements, the
Developer shall continue to have responsibility for maintenance and repair of said
improvements in accordance with Sections 29-13 and 29-14 of the Transitional Land Use
Regulations of the City.
13. In addition to the City's design and construction costs for the City
Improvements, the City will also be responsible for paying certain other costs pertaining
to the City Improvements which include and are limited to the cost of erosion control,
bonding, warranty, construction management, insurance, engineering, surveying, testing
and other regulatory fees and requirements that are applicable to such improvements, as
the same are more specifically identified on Exhibit "B-3", (the "City Costs").
The City represents that it has appropriated sufficient funds in its current budget ending
December 31, 2000, to pay the City Costs. The following provisions shall apply to the
Fossil Creek Parkway Improvements and payment of the City Costs:
a. The Developer shall be responsible for the overall construction
of the Fossil Creek Parkway Improvements. The Developer
shall cause the Engineer to oversee the actual construction of
i63
such improvements on behalf of the City, Huntington Hills and
the Developer. During the construction period, the Developer
shall cause the Engineer, not later than ten (10) days after the
end of each month, to send to all parties a statement of the
work completed during that month and the allocation of the
cost of such work among the parties. A separate calculation
will be made for the City detailing the City Costs incurred for
the month and shall be sent by the Developer to the City (to
the attention of Matt Baker or his designee).
b. Promptly, but not later than thirty (30) days, after receipt of the
Engineer's statement of work completed during the previous
month and acceptance by the City, the City shall pay the
portion of the City Costs detailed in the statement. Within
fifteen (15) days after substantial completion of the City
Improvements, the Developer shall cause the Engineer to
deliver to the City a final statement of the work detailing the
City Costs and the final amount due from the City to
Huntington Hills. Within the later of fifteen (15) days after the
City's receipt of the Engineer's final statement or the date of
the City Engineer's inspection and approval of the City
Improvements, the City shall pay the remainder of the City
Costs as shown by the Engineer's final statement. The City
agrees not to unnecessarily withhold or delay its final approval
and payment if the City Improvements have been completed
substantially in accordance with the approved plans and
specifications. If the City inspection reveals any defects or
uncompleted items of a substantial nature (i.e. having a
completion repair cost in excess of Twenty -Five Thousand
Dollars [$25,0001), then the Developer shall escrow with the
City acceptable security in an amount equal to one hundred
ten percent (110%) of the estimated cost of correction or
completion of the same. Upon completion of such work, the
City shall pay the remainder of the City Costs.
C. Upon the execution of this Development Agreement and
approval of the final utility plan mylars, the City shall reimburse
Huntington Hills for the cost of the plans (including, but not
limited to, engineering, testing, survey, permit costs and fees)
for the City Improvements. Huntington Hills shall deliver to the
City an itemized accounting for the cost of such plans prior to
such payment.
d. If for any reason payment is not made by the City in
accordance with the terms of this subparagraph II.D.13, then,
14
to the extent of such non-payment, the City shall allow a credit
in accordance with the 1982 Agreement.
E. Natural Resources
1. The City and Huntington Hills have recently completed a land
exchange, resulting in a 12+/- acre development parcel on the Property and a 20+/- acre
City -owned natural area adjacent to the Property (the "Natural Area"). From the date of
this Development Agreement and continuing for a period of two (2) years after completion
of the public improvements needed for development of the Property, Developer, at its
expense, shall provide for the maintenance of the Natural Area. Such maintenance shall
be limited to: (1) monthly trash and litter pickup and removal; (2) weed control; (3) mowing
two times per year, and (4) at a cost not to exceed Two Thousand Five Hundred Dollars
($2,500), seeding of the Natural Area with native grass species. A plan for all maintenance
activities shall be submitted by the Developer and approved by the City's Natural
Resources Department prior to commencement of maintenance activities on the site.
2. Interpretive Signs and Brochures Prior to issuance of the first
certificate of occupancy for the project, the Developer, at its expense, shall design and print
an interpretive brochure and shall design, fabricate and install three interpretive signs on
boundaries between the development and the Natural Area. Such brochure and
interpretive signs, which shall substantially comply with the specifications set forth on
Exhibit "J" attached hereto and incorporated herein by reference, shall explain the
character and appropriate use of the Natural Area to the residents and visitors of the
Property. The design for the brochure and interpretive signs shall be approved by the
City's Natural Resources Department prior to printing of the brochure and fabrication of the
signs. The Developer shall be responsible for making copies of the brochure available to
all residents of the Property and for the installation, maintenance and replacement, if
necessary, of the interpretive signs.
3. Before commencement of any on -site or off -site construction, any
prairie dogs inhabiting portions of any area within the limits of development shall be
relocated or humanely eradicated by the Developer by City approved methods as set forth
in the Chapter 4 of the City Code, and when applicable, as reviewed and approved by the
Colorado Division of Wildlife.
F. Ground Water, Subdrains and Water Rights
1. The City shall not be responsible for, and the Developer, for itself and its
successor(s) In interest, hereby agrees to indemnify and hold harmless the City against any
damages or injuries sustained in the Development as a result of ground water seepage or
flooding, structural damage, or other damage unless such damages or injuries are
sustained as a result of the City's failure to properly maintain its storm drainage facilities
in the Development.
15
2. If the Development includes a subdrain system, any such subdrain
system, whether located within private property or within public property such as street
rights -of -way or utility or other easements, shall not be owned, operated, maintained,
repaired or reconstructed by the City and it is agreed that all ownership, operation,
maintenance, repair and reconstruction obligations shall be those of the Developer or the
Developer's successor(s) in interest. Such subdrain system is likely to be located both
upon private and public property and, to the extent that it is located on public property, all
maintenance, operation, repair or reconstruction shall be conducted in such a manner that
such public property shall not be damaged, or if damaged, shall, upon completion of any
such project, be repaired in accordance with then existing City standards. The City shall
not be responsible for, and the Developer, for itself and its successor(s) in interest, hereby
agrees to indemnify and hold harmless the City against any damages or injuries sustained
in the development as the result of groundwater seepage or flooding, structural damage
or other damage resulting from failure of any such subdrain system.
3. Without admitting or denying any duty to protect water rights, the
Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and hold
harmless the City against any damages or injuries to water rights caused, directly or
indirectly by the construction, establishment, maintenance or operation of the
Development.
4. The City agrees to give notice to the Developer of any claim made
against it to which the foregoing indemnities and hold harmless agreements by the
Developer could apply, and the Developer shall have the right to defend any lawsuit based
on such claim and to settle any such claim provided the Developer must obtain a complete
discharge of all City liability through such settlement. Failure of the City to give notice of
any such claim to the Developer within ninety (90) days after the City first receives notice
of such claim under the Colorado Governmental Immunity Act for the same, shall cause
the forgoing indemnities and hold harmless agreements by the Developer to not apply to
such claim and such failure shall constitute a release of the foregoing indemnities and hold
harmless agreements as to such claim.
G. Hazards and Emergency Access
1. No combustible material will be allowed on the site until a permanent
water system is installed by the Developer and approved by the City.
2. Prior to beginning any building construction, and throughout the build -
out of this Development, the Developer shall provide and maintain at all times an
accessway to said building or buildings. Such accessway shall be adequate to handle any
emergency vehicles or equipment, and the accessway shall be kept open during all phases
of construction. Such accessway shall be constructed to an unobstructed width of at least
20 feet with 4 inches of aggregate base course material compacted according to City
standards and with an 80 foot diameter turnaround at the building end of said accessway.
The turnaround is not required if an exit point is provided at the end of the accessway.
Prior to the construction of said accessway, a plan for the accessway shall be submitted
to and approved by the Poudre Fire Authority and City Engineer. (Three plan sets shall be
submitted to the Poudre Fire Authority at 102 Remington Street for review and processing.)
If such accessway is at any time deemed inadequate by the Poudre Fire Authority or City
Engineer, the accessway shall be promptly brought into compliance and until such time
that the accessway is brought into compliance, the City and/or the Poudre Fire Authority
may issue a stop work order for all or part of the Development.
H. Footing and Foundation Permits/Building Permits
1. Notwithstanding any provision in this Agreement to the contrary, upon
payment of all applicable fees therefor, the Developer shall be entitled to receive footing
and foundation permits for all structures within the Development upon the occurrence of
the following events:
a. Completion by the Developer, and inspection and acceptance
by the City, of either the Fossil Creek Parkway Improvements
or the temporary construction access shown on Exhibit "K",
attached hereto and incorporated herein by reference; and
b. Installation by the Developer of those fire hydrants shown on
Exhibit "K".
2. When the water and sanitary systems have been installed and
accepted by the City, the Developer shall be entitled to receive, upon payment of
applicable fees therefor, building permits for Buildings 2, 3, 4, 10 and 11 which are located
adjacent to or near fire hydrants as shown on Exhibit "K". A building permit shall also be
released for Building 12 if Developer provides a temporary construction access for such
building, in addition to satisfying the aforementioned two conditions. At such time as
Developer has completed the installation of all public improvements to service the
Development, with the exception of the Area 3 Fossil Creek Parkway Improvements, and
the City has accepted the same, Developer shall be entitled to receive all remaining
building permits for the Development, upon proper application and payment of fees
therefor, except as otherwise specifically restricted herein. If a phasing plan for utilities has
been approved by the City, the Developer need only install those utilities within the
particular phase for which building permits are sought.
Development Construction Permit
1. The Developer shall apply for and obtain a Development Construction
Permit for this Development, in accordance with Division 2.6 of the Land Use Code (or
Section 29-12 of the Transitional Land Use Regulations, if applicable), prior to the
Developer commencing construction. In accordance with the provisions of this
Development Agreement, Developer shall pay the required fees for said Permit and
construction inspection and shall further post security, prior to the issuance of the
17
Development Construction Permit, to guarantee completion of the public improvements it
is required to construct and dedicate to the City for this development, provided that the City acknowledges that the security required to secure the completion of all City infrastructure
need not include the costs of the water and sewer improvements which are being provided by special districts and further acknowledges that the inspections, inspection fees and
construction warranties and guarantees imposed by the City Code shall not apply the
construction of such water and sewer improvements, except where such utilities cross City
streets. The City shall be responsible for the payment of those fees, construction inspection costs and security costs relating to the City Improvements.
J. Maintenance and Repair Guarantees
1. The Developer agrees to provide a two (2)-year maintenance
guarantee and a five (5)-year repair guarantee covering all errors or omissions in the
design and/or construction of the public improvements required for this development, which
guarantees shall run concurrently and shall commence upon the date of completion of the
public improvements and acceptance thereof by the City, and the City's percentage share
of the security, maintenance and repair costs shall be paid as part of the construction cost
set forth on Exhibit "B-F. Security for the maintenance guarantee and the repair
guarantee shall be as provided in Section 3.3.2(C) of the Land Use Code, or Section 29-14
of the Transitional Land Use Regulations, as applicable. Notwithstanding any provisions
of this Development Agreement to the contrary, the obligations of Developer, pursuant to
this paragraph II.J and Exhibit "L", attached hereto and incorporated herein by reference,
may not be assigned or transferred to any other person or entity unless the warranted
improvements are completed and a letter of acceptance of the warranted improvements
is received from the City by such other person or entity.
K. Huntington Hills' Liability
1. Except for those matters expressly stated herein to be obligations of
Huntington Hills, it shall not be liable to the City for any other obligation under this
Agreement. This Agreement shall not alter, modify, amend or otherwise change the
obligations of Huntington Hills or Developer pursuant to any prior written agreements
between the parties, including, but not limited to, the Purchase Agreement. Huntington
Hills and Developer expressly acknowledge that the terms and conditions of the Purchase
Agreement define certain rights and obligations between Huntington Hills and Developer
and that the Purchase Agreement does not in any manner affect the obligations of
Huntington Hills and Developer to the City under this Agreement.
III. Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the City Engineer and
Traffic Engineer in accordance with the City's "Work Area Traffic Control Handbook" and
shall not remove said safety devices until the construction has been completed.
im
B. As required pursuant to Chapter 20, Article IV of the City Code, the
Developer shall, at all times, keep the public right-of-way free from accumulation of waste
material, rubbish, or building materials caused by the Developer's operation, or the
activities of individual builders and/or subcontractors; shall remove such rubbish as often
as necessary, but no less than daily and; at the completion of the work, shall remove all
such waste materials, rubbish, tools, construction equipment, machinery, and surplus
materials from the public right-of-way. The Developer further agrees to maintain the
finished street surfaces so that they are free from dirt caused by the Developer's operation
or as a result of building activity. Any excessive accumulation of dirt and/or construction
materials shall be considered sufficient cause for the City to withhold building permits
and/or certificates of occupancy until the problem is corrected to the satisfaction of the City
Engineer. If the Developer fails to adequately clean such streets within two (2) days after
receipt of written notice, the City may have the streets cleaned at the Developer's expense
and the Developer shall be responsible for prompt payment of all such costs. The
Developer also agrees to require all contractors within the Development to keep the public
right-of-way clean and free from accumulation of dirt, rubbish, and building materials.
C. The Developer hereby agrees that it will require its contractors and
subcontractors to cooperate with the City's construction inspectors by ceasing operations
when winds are of sufficient velocity to create blowing dust which, in the inspector's
opinion, is hazardous to the public health and welfare.
D. The Developer and/or Huntington Hills shall, pursuant to the terms of this
Agreement, perform all obligations required of each herein, as such obligations may be
shown on the final development plan documents, or any documents executed in the future
that are required by the City for the approval of an amendment to a development plan, and
the City may withhold (or to the extent permitted by law, revoke) such building permits and
certificates of occupancy as it deems necessary to ensure performance in accordance with
the terms of this Development Agreement. The processing and "routing for approval" of
the various development plan documents may result in certain of said documents carrying
dates of approval and/or execution that are later than the date of execution of this
Development Agreement or the Memorandum Of Agreement (if any) recorded to give
record notice of this Agreement. The developer hereby waives any right to object to any
such discrepancy in dates.
E. Nothing herein contained shall be construed as a waiver of any requirements
of the City Code, Land Use Code, or Transitional Land Use Regulations (as applicable)
and the Developer agrees to comply with all requirements of the same.
F. In the event the City waives any breach of this Agreement, no such waiver
shall be held or construed to be a waiver of any subsequent breach hereof.
G. All financial obligations of the City arising under this Agreement that are
payable after the current fiscal year are contingent upon funds for that purpose being
annually appropriated, budgeted and otherwise made available by the Fort Collins City
19
improved into Area "1", Area "2" and Area "Y; and
WHEREAS, pursuant to an agreement between the City and Huntington Hills'
predecessor in interest, Fossil Creek Meadows Development Group, dated February 4,
1982 (the "1982 Agreement"), under which the City acquired property abutting or within
Area 3, the City has agreed to pay certain costs of the street and utility improvements; and
WHEREAS, pursuant to the Vacant Land/Farm and Ranch Contract to Buy and Sell
Real Estate of May 22, 1998 between Huntington Hills and Developer and all executed
addenda thereto (collectively, the "Purchase Agreement"), under which Developer acquired
the Property, Huntington Hills is responsible for all of the costs of improving the Fossil
Creek Parkway with street improvements and utility installations to the extent payment of
the cost of the same is not the responsibility of the City, provided, however, that Developer
is responsible for paying the cost of installing the eight -inch waterline stub into the Property
as such stub is designated on Exhibit "A" and for paying the cost of Fossil Creek Parkway
Improvements within Area 2; and
WHEREAS, Developer has agreed to construct certain public improvements
required in connection with the Development, including those which are the responsibility
of Huntington Hills and the City, and the Developer, Huntington Hills and the City have
agreed to pay their respective shares of the cost of the same as outlined in Exhibit "B1",
"132", and "BY attached hereto and incorporated herein by reference, in accordance with
the terms of this Agreement; and
WHEREAS, it is the intent of the parties hereto to set forth in this Agreement the
respective responsibilities of Developer, Huntington Hills and the City in connection with
the public improvements required for development of the Property.
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 as follows:
General Conditions
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement, "development
activities" shall include, but not be limited to, the following: (1) the actual construction of
improvements, (2) obtaining a permit therefor, or (3) any change in grade, contour or
appearance of the Property caused by, or on behalf of, the Developer with the intent to
construct improvements thereon.
B. All water lines, sanitary sewer collection lines, storm sewer lines and
facilities, streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on
the approved utility plans and in full compliance with the standards and specifications of
2
Council, in its discretion.
H. This Agreement shall run with the Property and shall be binding upon and
inure to the benefit of the parties hereto, their respective personal representatives, heirs,
successors, grantees and assigns. It is agreed that all improvements required pursuant
to this Agreement touch and concern the Property regardless of whether such
improvements are located on the Property. Assignment of interest within the meaning of
this paragraph shall specifically include, but not be limited to, a conveyance or assignment
of any portion of the Developer's legal or equitable interest in the Property, as well as any
assignment of the Developer's rights to develop the Property under the terms and
conditions of this Agreement.
I. 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.
J. Each and every term of this Agreement shall be deemed to be a material
element hereof. In the event that either party shall fail to perform according to the terms
of this Agreement, such party may be declared in default. In the event that a party has
been declared in default hereof, such defaulting party shall be given written notice
specifying such default and shall be allowed a period of ten (10) days within which to cure
said default. In the event the default remains uncorrected, the party declaring default may
elect to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as
continuing and require specific performance or; (c) avail itself of any other remedy at law
or equity.
K. In the event of the default of any of the provisions hereof by either party
which shall require the party not in default to commence legal or equitable action against
said defaulting party, the defaulting party shall be liable to the non -defaulting party for the
non -defaulting party's reasonable attorney's fees and costs incurred by reason of the
default. Nothing herein shall be construed to prevent or interfere with the City's rights and
remedies specified in Paragraph III.D of this Agreement.
L. Except as may be otherwise expressly provided herein, this Agreement shall
not be construed as or deemed to be an agreement for the benefit of any third party or
parties, and no third party or parties shall have any right of action hereunder for any cause
whatsoever.
M. It is expressly understood and agreed by and between the parties hereto that
this Agreement shall be governed by and its terms construed under the laws of the State
of Colorado and the City of Fort Collins, Colorado.
N. Any notice or other communication given by any party hereto to any other
20
party relating to this Agreement shall be hand -delivered or sent by certified mail, return
receipt requested, addressed to such other party at their respective addresses as set forth
below; and such notice or other communication shall be deemed given when so hand -
delivered or three (3) days after so mailed:
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, Co 80522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, Co 80522
If to Huntington Hills: Huntington Hills, LLC of Colorado
Attn: Marcus Palkowitsh
650 South Cherry Street, Suite 435
Denver, CO 80246
With a copy to:
If to the Developer:
Osborn & Bloom, P.C.
Attn: Dave Osborn, Esq.
217 W. Olive
P.O. Box 2003
Fort Collins, CO 80522
Andover Fossil Creek, LLC
Attn: A. John Knapp, Jr.
910 Travis, Suite 2205
Houston, TX 77002
With a copy to: Lucia A. Liley, Esq.
March & Liley, P.C.
110 E. Oak Street, Suite 200
Fort Collins, CO 80524
Notwithstanding the foregoing, if any party to this Agreement, or its successors, grantees
or assigns, wishes to change the person, entity or address to which notices under this
Agreement are to be sent as provided above, such party shall do so by giving the other
parties to this Agreement written notice of such change.
O. When used in this Agreement, words of the masculine gender shall include
21
the feminine and neuter gender, and when the sentence so indicates, words of the neuter
gender shall refer to any gender; and words in the singular shall include the plural and vice
versa. This Agreement shall be construed according to its fair meaning, and as if prepared
by all parties hereto, and shall be deemed to be and contain the entire understanding and
agreement between the parties hereto pertaining to the matters addressed in this
Agreement. There shall be deemed to be no other terms, conditions, promises,
understandings, statements or representations, expressed or implied, concerning this
Agreement, unless set forth in writing signed by all of the parties hereto. Further,
paragraph headings used herein are for convenience of reference and shall in no way
define, limit, or prescribe the scope or intent of any provision under this Agreement.
APPROVED AS TO 7ONTENT:
City Engine
APPR0XqD AS TO FORM:
W
Deputy City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
M
4=4
City Midnager
DEVELOPER:
Andover Fossil Creek, LLC a Texas limited liability
company
By:
lei-F4q pr!Man ger
OWNER:
Huntington Hills, LLC of Colorado, a Colorado limited
22
liability company
By:
Matus Palk itsh, Manager
23
EXHIBIT LIST
Exhibit A Sketch Plan
Exhibit B-1 Allocation of Costs for Stormwater Improvements
Exhibit B-2 Allocation of Security Costs (Erosion Control)
Exhibit B-3 Overall Cost Allocation
Exhibit C Schedule of Improvements
Exhibit D Storm Drainage Improvements Eligible for Credit or Repayment
Exhibit E-1 Agreement of Exchange of Real Property/City of Fort Collins -Huntington
Hills
Exhibit E-2 Easements/Rights-of-Way
Exhibit F Pedestrian Trail
Exhibit G Off -Site Fossil Creek Parkway Improvements
Exhibit H-1 Off -Site Drainage, Pedestrian Access and Slope Easement
Exhibit H-2 Off -Site Drainage, Pedestrian Access and Slope Easement
Exhibit I Oversizing Reimbursement
Exhibit J Natural Areas Sign
Exhibit K Temporary Construction Access/Fire Hydrant Locations
Exhibit L Maintenance and Repair Guarantees
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EXHIBIT B-1
Allocation of Costs for Stormwater
Improvements
CLIENT. Huntington Hills LLC JOBNO 0270-030
PROJECT. Fossil Creek Parkway Extension - Overall CALCULATIONS FOR. Basin C Breakdown
MADEBY: EMF DATE: 7/26/00
SHEET: 1 OF 1
Total Area (ac)= 8.31
Total Q (cfs) = 44.47
Estimated Cost of Stormwater Improvements $21,598.65
Responsible Area Q % of basin alloc. cost
Entity (Ac) (cfs) of improv.
Andover
0.94
5.03
11.3
$2,440.65
City of F.C.
0.57
3.07
6.9
$1,490.31
HH LLC
6.80
36.38
81.8
$17,667.69
Note: Estimated cost of the stormwater improvements are per a bid from Schmidt Earth
Builders, Inc. on 7-21-00.
EXHIBIT B-2
Allocation of Security Costs
(Roadway and Erosion Control)
CLIENT: Huntington Hills LLC JOBNO: 0270-030
PROJECT: Fossil Creek Parkway Extension - Overall
CALCULATIONS FOR: See BBIOW
MADE BY: SAS OATS: 7I21I00 SHEEP: 1 OF 1
ALLOCATION OF SECURITY FOR ROADWAY & EROSION CONTROL
Responsible Area % of cost
Entity (Ac)
Andover
0.94
32.98
City of F.C.
0.57
20.00
HH LLC
1.34
47.02
2.85
100.00
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EXHIBIT "C"
1. Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
3. Schedule of street improvements to be installed out of sequence.
Not Applicable
4. Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
the City on file in the office of the City Engineer at the time of approval of the utility plans
relating to the specific utility, subject to a three (3) year time limitation from the date of
execution of this Agreement. In the event that the Developer commences or performs any
construction pursuant hereto after the passage of three (3) years from the date of
execution of this Agreement, the Developer shall resubmit the utility plans to the City
Engineer for reexamination. The City may then require the Developer to comply with the
approved standards and specifications of the City on file in the office of the City Engineer
at the time of the resubmittal.
C. Except as provided in Section II of this Agreement, no building permit for the
construction of any structure within the Property shall be issued by the City until the public
water lines and stubs to each lot, fire hydrants, sanitary sewer lines and stubs to each lot,
and public streets (including curb, gutter, and pavement with at least the base course
completed) serving such structure have been completed and accepted by the City. No
building permits shall be issued for any structure located in excess of six hundred and sixty
feet (660') from a single point of access, unless the structures contain sprinkler systems
that are approved by the Poudre Fire Authority.
D. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets
described on Exhibit "C", attached hereto and incorporated herein by reference, shall be
installed within the time and/or sequence required on Exhibit "C". If the City Engineer has
determined that any water lines, sanitary sewer lines, storm drainage facilities and/or
streets are required) to provide service or access to other areas of the City, those facilities
shall be shown on the utility plans and shall be installed by the Developer within the time
as established under "Special Conditions" in this document.
E. Except as otherwise herein specifically agreed, the Developer agrees to
install and pay for all water, sanitary sewer, and storm drainage facilities and
appurtenances, and all streets, curbs, gutters, sidewalks, bikeways and other public
improvements required by this Development as shown on the approved final development
plan documents and other approved documents pertaining to this Development on file with
the City.
F. Street improvements shall not be installed until all utility lines to be placed
therein have been completely installed, including all individual lot service lines leading in
and from the main to the property line.
G. The installation of all utilities shown on the final development plan documents
shall be inspected by the Engineering Department of the City and shall be subject to such
department's approval. The Developer agrees to correct any deficiencies in such
installations in order to meet the requirements of the plans and/or specifications applicable
to such installation. In case of conflict, the final development plan documents shall
supersede the standard specifications.
H. All storm drainage facilities shall be so designed and constructed by the
3
EXHIBIT "D"
Not Applicable
EXHIBIT E-1
Agreement of Exchange of Real
Property/City of Fort Collins -
Huntington Hills
THIS AGREEMENT is made and entered into this a19
between THE CITY OF FORT COLLINS, COLORADO, a municipal da�f 1999, by and
address is 300 LaPorte Avenue, Fort Collins, CO 80521, (hereinaftreferred to as "the City),
and HUNTINGTON HILLS LLC OF COLORADO, a Colorado Limited Liability Company,
hereinafter referred to as "Huntington" whose address for purposes of this Agreement is c/o Marc
Palkowitsh. 650 South Cherry Street. Suite 435. Denver. CO 80246.
W I T NE_j_a_E_TjL
For and in consideration of the Dromises of the above described parties to exchy,_,
property hereinafter described, and other good and valuable consideration, the receipt and
adequacy of which are hereby confessed and acknowledged, the parties hereto aoree to be iesal!
bound .vhereb% the parties agrees to exchanUe the said real propertv described be:o%t upon
terms and conditions hereinafter set forth. the
1. The Citv Proixa .. The City agrees to convey to Huntington the following
described unimproved real property of approximately 2.18 acres, more or less, located in the
County of Larimer. State of Colorado. The City Property consists of 2.18 acres located within
Parcel L as shown on the Oak/Cottonwood Farm Amended Overall Development Plan -
(hereinafter Parcel L) and Parcel L is generally described and shown at Exhibit A and consists of
2.18 acres of usable land, and is legally described as Exhibit B and taken from a survey prepared
by TST Consulting Engineers, Inc. dated April 5, 1999. (Job No. 10-866-010.) The City. at
closing, shall reimburse Huntington for the cost of the survey, but in an amount not to exceed
S: 00.00.
The City's above -described real property shall be hereinafter referred to as "the City's
Property The City's Property shall include any fences. In addition, the City's Property shall
include all of the City's right, title and interest in and to easements, rights -of -way, future
interests and rights to the same belonging and inuring to the benefit of the City's Property, and in
and to all strips and gores of land lying between the City's Property and adjoining property or
streets, roads or highways, open or proposed.
ton
-. The Hunr;�Y_Pron
�T Huntington agrees to convey to City those certain
unimproved parcels of land of aggregating approximately 19.50 acres, more or less. as shown or
described in Exhibit "A" attached hereto and incorporated by reference herein. The exact legal
description of the Huntington Properties is shown on Exhibits C-1, C-2 and C-3 and is taken
from a legal descriptions provided by TST.
O&B - 7 12 )9
3• Huntington agrees to pay to the City, the sum of $15,000.00 less the cost of
installing landscaping improvements on Fossil Creek Parkway between Points 1 and 2 and Points
3 and 4 inclusive as shown on Exhibit A. The sum of $15,000.00. less the landscaping expenses
restoration of the natural area adjacent to Fossil Creek and Mail Creek
incurred by Huntington along Fossil Creek Parkway, (the net payout) shall be paid to the City for
the Natural Area), and
shall be paid by Huntington not later than ninety (90) days after the completion of the
landscaping along Fossil Creek Park based on TST's allocation of the cost of said landscaping
improvements, which allocation shall be binding upon both parties. Huntington will provide to
the City the cost invoices for the landscaping improvements, together with Huntington's check
for the net payout. This obligation shall survive the closing of this Agreement and shall not
merge in the Warranty Deed given at closing.
4. Method of Con- vamp, Both parties agree to convey their respective properties
to the other party by special warranty deed, free and clear of all liens and encumbrances
(including, but not limited to special district assessments), except and subject to the following:
A. All easements and rights -of -way in place:
B. All easements, covenants, reservations. restrictions, rights-of--wa}•. and
agreements presently of record:
C. Anv restrictions, reservations or exceptions contained in anv united States
or State of Colorado patents of record:
D. All zoning and other governmental rules and regulations:
E. All oil, gas or other mineral reservations or exceptions presently of record:
i . General property taxes, assessments and charges for the year of the date of
closing; and
G. All Properties shall be conveyed subject to easements presently not of
record, including easements to be defined and created pursuant to Paragraph 5. D.
5. Additional Improvement or onservation Area or acr nr
Ohl Donor of the
P-3=. As addtuonal and bargained for consideration for the parties entry into and performance
of this Agreement, the parties agree as follows:
A. All parties agree that the developer (the "Developer") of the Combined
Parcel resulting from the portion of Parcel J retained by Huntington and the City Propem acquired by Huntington under this .agreement (the Combined Parcel), such Combined Parcel
being generally shown and described on Exhibit F. will be required to provide a sidewalk for
Fossil Creek Parkway to Werner Elementary School. This obligation shall be contained in the
development agreement for the Combined Parcel and shall be the sole responsibility and liability
of the developer of the Combined Parcel.
B. The areas to be acquired by the City pursuant to this Agreement, as well as
Parcel L, less the parcel to be conveyed hereby to Huntington, will be preserved and declared as
a Natural Area adjacent to the Combined Parcel and shall be maintained in a manner consistent
with the City maintenance of designated Natural Area. The City will recommend that the
Development Agreement for the Combined Parcel include the following provisions:
(i) The Developer shall contribute the sum of S1�7.000.00 toward the
restoration of the Natural Area. Such sum shall be contributed prior to the issuance of a building
permit for the Combined Parcel. =
(ii) For the first two (") vears after completion of the building oroiect
for -he Combined Parcel, the Developer. at its expense, shall provide maintenance or trash
Pickup. weeding, and semi-annual cutting of grass (if needed). The Developer .mill also orovide
seeding (in an amount not to exceed S'_,500.00) for natural grass. where needed, which grass type
will be mutually acceptable to the City and the Developer. The Developer will also provide
signage, subject to the City's approval, at the building project and upon the Natural area
explaining the nature of the Natural Area and the restrictions upon the use thereof.
C. R toration of Natural 'ram. It is agreed that all funds contributed
Pursuant to Paragraph 3 and Paragraph i B. shall be accepted by and are contingent upon the
City obtaining, from the City. and from other third parties the sum of $30.000.00 to form a `
restoration fund to be used for the rehabilitation and establishment of the Natural Area. If the
City has not obtained such S30.000.00 by December 31. 3000, the City shall refund the
S �,000.00 to Huntington or shall use such funds specifically for rehabilitation and establishment
of the Natural Area adjacent to the Combined Parcels during calendar year 2001. Prior to the
expenditure of funds, the City shall give notice of its intended use for such funds and shall
consider, but shall not be required to follow any recommendations made by the Developer for
such expenditure.
(1) At closing, the City will ;rant to Huntington construction and
Permanent utility easements, as well as a drainage easements, sidewalk easements (over portions
of Parcel L retained by the City) and will dedicate a roadway right-of-way for Fossil Creek
Parkway across, over and under including, but not limited to the real property'now owned by the
City or acquired by the City pursuant to this Agreement (the City's Combined Parcels). The City
3
will also grant temporary construction easements sufficient to allow Huntington and/or the
Developer to construct the designated improvements across, over and under the easement area.
Huntington shall have the right to reserve easements similar to those easements described in the
preceding sentence in its grant of the Huntington Property sufficient to allow the development
the Combined Parcel. The proposed easements to be granted or reserved and the purpose thereof
are shown on Exhibit E. Except where otherwise indicated on Exhibit E, the applicable grant,
dedication or reservation of easements shall be conveyed or reserved in the documents executed
at closing. the City, upon request from Huntington, will modify the size or location of the
easements, including but not limited to the roadway grant and utility easement to be received by
Huntington from the City if such modification is required by the technical requirements or
changes by the City's Development Approval improvements on Huntington Hills Seventh Filing
located on the Combined Parcel, provided that such changes do not unreasonably interfere with
the City's intended use of the Property affected by such easements. The City Ordinance referred
to in Paragraph 17 below (the City Ordinance) shall specifically grant the City '.Manager. before
and after the closing, the authority to modify the description of the City easements and roadwav
dedications to conform to the requirements of the City Development Agreement requirements for
the anv development project approved for the Combined Parcel.
(2) As currently proposed, the Project on the Combined Parcel does not
require the installation of a bridge across Mail Creek from Nliramont to the Combined Parcel. If
the City Development Approval requires a bridge across Mail Creek as a condition of the City
approval of the Project on the Combined Parcel, the City, without cost to Huntington, will grant
or dedicate a construction easement and permanent road right-of-way on the City Propertysufficient to allow the installation of such bridge and roadway so as to connect the bridge and
road approaches from the Miramont PUD from the Miramont PUD to the Combined Parcel. The
City Resolution will so stipulate. —
6. (a) Evidence of Title. Each party, within fifteen (1 5) days after the execution
of this .agreement, shall h ish to he other party, from Security Tide Guarantee Company at
each selling parry's expense, a current title commitment in an amount equal to the purchase price
of its property and the City Property title commitment shall also include the easement to be
conveyed to Huntington pursuant to I(B) above. Each parry shall also furnish to the other party
copies of instruments listed in the schedule of exceptions in such title insurance commitment.
This requirement shall only pertain to instruments shown of record in the office of the Clerk and
Recorder of Lorimer County. The respective title insurance commitments, together with any
respective copies of instruments fumished pursuant to this Paragraph 6, shall constitute the Title
Documents ("Title Documents"). Each selling party, with respect to its own title insurance
commitment for its property to be conveyed pursuant to this Agreement, will pay the premium
thereon at closing and the respective title policv from Security Title Guarantee Company shall be
delivered to the other patty. as soon as practical after closing.
N
(b) Title Review. Each party shall have the right to review the other party's
Title Documents. Written notice by a party of unmerchantability of title or of any other
unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of
the reviewing patty with respect to the Property being purchased, and given to the other party
before ten (10) calendar days after the receipt of the Title Documents, or within ten (10) calendar
days after receipt by a reviewing parry of any new Title Documents or endorsements adding new
exception(s) to the title. If a selling party does not receive the other reviewing party's written
notice of objection within date(s) specified above, the reviewing party shall be deemed to accept
the condition of title as disclosed by the Title Documents as satisfactory.
(c ) Matters Not Shown by Public RecgL(; - Each party shall deliver to the
Other pan at the time of the delivery of the title commitment. true copies of ail leases. survevs.
environmental audits or other reports or information concerning its property in each parry's
possession pertaining to the property described in its commitment, and shall disclose to the other
par-,.- is .citing all easements, liens or other title matters not shown by the public records or
n
which each party has actual knowledge. Each pashall have the right to inspect the property of
the other oam being conveved by this .agreement to determine if any third pan• has any right in
the propem to be purchased not shown by public records i such as unrecorded easements.
unrecorded leases, or boundary line discrepanciest. Written notice of any unsatistactory
condition(s) disclosed by a party or revealed by such inspection of the propem to be purchased
shall be signed by or on behalf of the reviewing party and given to the other parry in writing not
later than fifteen (15) days of receipt of the title commitment. If a party does not receive from
the other party such notice within the said time period. the reviewing party shall be deemed to
have accepted title to the property to be conveyed to it subject to such rights. if any, of third
parties.
(d) Surveys. Each party agrees to notify the other party in writing if any items
shown on the survey of the other parry's property interferes with its intended use of the Property.
In the event such party does not provide the other pan with such notice within fifteen (151 days
after the receipt of the survey, the survey shall be deemed acceptable.
(e) SPECIAL T XIN DIST t TS. SPECIAL TAXING DISTRICTS
MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY
REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY
WITHN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE
PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS
TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE
RESI: LTNG N THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH
INDEBTEDNESS WITHOUT SUCH AN INCREASE N MILL LEVIES. EACH
PURCHASING PARTY SHOULD INVESTIGATE THE DEBT FINANCING
REQUIREMENTS OF THE AUTHORIZED GENERAL UBLIGATION INDEBTEDNESS OF
SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH
INDEBTEDNESS AND THE POTENTIAL FOR AN INCREASE N SUCH MILL LEVIES.
In the event any of the Properties described herein, are located within a special taxing
district and either Party desires to terminate this Agreement as a result, if written notice is given
Agreement shall then terminate. If such parry does not receive the other pto the other party on or before fifteen (15) days after receipt of the Title Documents, tarty's notice within
in such time period specified above, such other party accepts the effect of such in such special taxing district(s) and waives the right to so terminate. property's inclusion
(f) If a selling party receives notice of unmerchantabiliry of title or of any
other unsatisfactory title condition(s) as provided in subsections (aHd) inclusive above, such
ceiling party shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the
date )f closing. If a party fails to correct said unsatisfactory title condition on or iefore .he ,fate
of elosine, this Agreement shall then terminate: provided, however. any Dart, may, by written
notice _eceived by the other party on or before closinv. wai�z objection to said unsatisfactor:
title ,ondition(s). `
(a) Huntington, as the present owner of the adjacent Property west of the
Proposed Fossil Creek Parkway as generally shown on Exhibit 7 (the Adjacent Property ) under
existing City of Fort Collins development regulations would have certain improvement
obligations for Fossil Creek Parkway relating to the improvements for Fossil Creek Parkway if
Huntington develops the Adjacent Property. The parties agree that any improvement obligations
solely arising from the change of ownership of the Adjacent Property shall not impose upon the
City an improvement obligation upon the City as the owner of the Adjacent Property, so long as ` the City or its successors does not seek to develop such Property. This agreement does not create
an obligation on behalf of Huntington with respect to paying for the improvements of Fossil
Creek Parkway under the circumstances.
closing of this
ion
hall be
1999, at 10:00 A.M.
M. n theeFort Collins Right -of -Way ate117 Northon or efore Mason eptember 20.
Street Fort Collins. Colorado, or at such other time, date or place as the parties may agree.
Q. Poccion. Possession of each party's Property shall be delivered to the other
m Pait tic s
me of closing free and clear of anv pain's tenancv or claim to possession of the
Property. -
1).Proration. Real property
accordance with local practice. shall be prorated as of the date of closing.
cl sing ents d similar expenses, in
Co
10. Remedies on Default. If any pavment due hereunder is not paid, honored or
tendered when due. or if any other obligation hereunder is not performed as herein provided,
there shall be the following remedies:
A. If Huntington is in default, then the City may elect to treat this Agreement
as terminated, and both parties shall thereafter be released from all obligations or the City may
elect to treat this Agreement as being in full force and effect and the City shall have the right to
an action for specific performance or damages, or both.
B. If the City is in default, Huntington may elect to treat this Agreement as
terminated, and both parties shall thereafter be released from all obligations or Huntington may
elect to treat this Agreement as being in full force and effect and Huntington shall have the right
to an action for specific performance, or damages. or both. `
i i. attomev ; Fees and Costs. In the event either of the respective parties hereto
shall default in any of their covenants or obligations herein provided and the party not in default
commences legal or equitable action against the defaulting party. the defaulting parr: exoressi�
agrees to pay all of the non -defaulting party's reasonable expenses of said litigation. including a
reasonable sum for attorney's fees. `
I .=rni gnaw. It is expressly understood and agreed by and between the parties
hereto that this Agreement is made in and shall be construed and interpreted in accordance with
the laws of the State of Colorado. _
13. Notices. Any notice or other communication given by either party hereto to the
other relating to this agreement shall be hand delivered or sent by registered or certified mail.
return receipt requested, addressed to such other party at their respective addresses as set forth
below: and such notice or other communication shall be deemed given when so hand delivered or
three (_) days after when so mailed:
If to City:
Thomas Shoemaker, Natural Resources Department
City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522
7
With a copy to:
Came Daggett, Esq.
City Attorney's Office
City of Fort Collins
P. 0. Box 580
Fort Collins, CO 80522
If to Huntington:
Huntington Hills, LLC of Colorado
Marcus S. Palkowitsh
650 South Cherry, Suite 435
Denver, CO 80246
MI
cio David L. Osborn, Esq.
217 West Olive Street
Fort Collins, CO 80521
14. Rl. This Agreement shall not be assigned by
withheld. either of the parties hereto
without the prior written consent of the other party, which consent shall not be unreasonably
15. Maintenance of hP pry rti c. Both parties shall keep, or cause to be kept, their
respective property in its condition as of the date hereof until the closing of this transaction,
subject to normal wear -and -tear and seasonal changes, and agrees not to commit or permit waste
thereon.
16. Cam. In the event that either of the properties are substantially damaged by
fire, flood or casualty between the date of this Agreement and the date of closing of title, this
Agreement may, at the option of the purchasing party, be declared null and void and of no further
force or effect; and all the parties to this Agreement shall be released from all obligations
hereunder; and Huntington shall be entitled to a refund of the amount of money, if any,
theretofore paid to the City.
0
A. This Agreement is hereby made expressly contingent upon the City
Council of the City of Fort Collins (hereinafter referred to as "the Council") approving this
Agreement by ordinance, which ordinance must be passed by the Council on second reading on
or before September 7, 1999, and becoming law ten (10) days thereafter as provided in the Fort
Collins City Charter. If the Council does not pass such an ordinance on second reading on or
before September 7, 1999, or for any reason it does not become law ten (10) days thereafter as
provided in the Fort Collins City Charter, then this Agreement, unless the parties agree to extend
the foregoing date for the ordinance to be approved, shall be automatically terminated and all
parties shall be released from all obligations hereunder and any monies theretofore paid to the
City by Huntington shall be refunded in full to Huntington.
B. This Agreement is hereby expressly made contingent upon the City
Property not changing from its present L.D.R. zoning as of *.'.:e date of closing.
C. The City's obligations are expressiy contingent upon the Cin acquiring
Parcel L ias shown on Exhibit A) on or before the date of dosing If such Parcel L has not be
acquired, either partmay continue the closing of this Agreement for an additional period not
exceeding thirty i30) days. The City agrees to use diligent efforts to contract and close the
purchase of Parcel L from Oak Farms Inc. on and after the date of this Agreement.
18. ILYbi to Inspec . Each party shall be permitted to fully inspect the other parry's —
property at y time up to and including thirty (30) days after the execution of this Agreement.
Each party, iants agents, employees, contractors and engineers shall have the right from time to
time to enter upon the other parry's property at its risk for the purpose of inspecting the same and
conducting surveys, environmental studies and investigating, engineering studies, borings, soil
tests. investigations, feasibility studies and the like. All such entries shall be made in a manner
as to minimize interference with each owner's present use and occupancy of its property. Withir
a reasonable time after such entries, each party shall restore the other party's property to its prior
condition. Each parry agrees to indemnify and save the other party harmless from all claims of
whatever kind or nature arising by reason of such entries, including, without limitation, any lien
and/or encumbrance that may be brought against the selling party's property. These obligations
shall survive the termination or closing of this Agreement. In the absence of such written notice
from either party to the other party on or before thirty (30) days after the date of execution of this
Agreement. this inspection condition shall expire and in the absence of a written objection by the
inspecting party, the prospective purchasing party shall be deemed to have accepted the condition
of the selling party's property. If a prospective purchasing party objects in writing during the
thirty (30) day inspection period, then the parties shall attempt to cure or resolve such objection
for rifteen (15) days after the expiration of the thirty (30) day inspection period. If the parties can
not cure or resolve the objections, then this Agreement shall terminate unless the objecting party
0
Developer as to protect downstream and adjacent properties against injury and to
adequately serve the Property (and other lands as may be required, if any). The Developer
shall meet or exceed the minimum requirements for storm drainage facilities as have been
established by the City in its Drainage Master Plans and Design Criteria. The Developer,
for itself and its successor(s) in interest, does hereby indemnify and hold harmless the City
from any and all claims that might arise, directly or indirectly, as a result of the discharge
of injurious storm drainage or seepage waters from the Property in a manner or quantity
different from that which was historically discharged and caused by the design or
construction of the storm drainage facilities, except for (1) such claims and damages as
are caused by the acts or omissions of the City in maintenance of such facilities as have
been accepted by the City for maintenance, (2) errors, if any, in the general concept of the
City's master plans (but not to include any details of such plans, which details shall be the
responsibility of the Developer); and (3) specific written or otherwise documented directives
that may be given to the Developer by the City. The City agrees to give notice to the
Developer of any claim made against it to which this indemnity and hold harmless
agreement by the Developer could apply, and the Developer shall have the right to defend
any lawsuit based on such claim and to settle any such claim provided the Developer must
obtain a complete discharge of all City liability through such settlement. Failure of the City
to give notice of any such claim to the Developer within ninety (90) days after the City first
receives a notice of such claim under the Colorado Governmental Immunity Act for the
same, shall cause this indemnity and hold harmless agreement by the Developer to not
apply to such claim and such failure shall constitute a release of this indemnity and hold
harmless agreement as to such claim. Approval of and acceptance by the City of any
storm drainage facility design or construction shall in no manner be deemed to constitute
a waiver or relinquishment by the City of the aforesaid indemnification. The Developer
shall engage a Colorado licensed professional engineer to design the storm drainage
facilities as aforesaid and it is expressly affirmed hereby that such engagement shall be
intended for the benefit of the City, and subsequent purchasers of property in the
Development.
I. The Developer shall pay storm drainage basin fees in accordance with
Chapter 26, Article VII of the City Code. Storm drainage improvements eligible for credit
or City repayment under the provisions of Chapter 26 are described together with the
estimated cost of the improvements on Exhibit "D", attached hereto and incorporated
herein by reference, which improvements, if applicable, shall include right-of-way, design
and construction costs. See Section II.C, Special Conditions, Storm Drainage Lines and
Appurtenances, for specific instructions.
J. The Developer shall provide the City Engineer with certified Record Plan
Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of
the construction. Utilities will not be initially accepted prior to as -built drawings being
submitted to and approved by the City of Fort Collins.
K. Huntington Hills specifically represents that to the best of its knowledge, and
subject to any exception set forth below, all portions of the Property dedicated (both in fee
F1
eiects to .yaiye his obligation during the fifteen, t I:) day period. Each party shall provide the
other party with copies of all documents, reports, surveys, prints, plans and materials generated
as a result of activities undertaken in accordance with this section.
19. Bindiatr Eff= This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective personal representatives, successors and permitted assigns.
20. As -Is" Nam* of ale. Both parties acknowledge and agree that neither party has
made. does not make and specifically negates and disclaims any representations, warranties,
promises, covenants, agreements or guarantees of any kind or character whatsoever, whether
express or implied, oral or written, past, present or future, of, as to, conderning or with respect to
each parry's respective property and: (a) the value, nature, quality or condition of the properties,
including, without limitation, the water, soil and geology of such property; (b) the income to be
derived Tom such property; (c) the suitability of the property for any and ail activities and uses
which the respective property may conduct thereon: ) d) the compliance of or by -he properties
its operation with any laws. rules, ordinances or regulations of any applicable governmental
authority or body; (e) the habitability, merchantability, marketability. profitability or fitness for a
particuiaz purpose of the properties (t) the manner or quality of the construction or materials. if
any. incorporated into the properties; (g) the manner, quality. state of repair or lack of repair of
the properties; or (h) any other matter with respect to the properties, and specifically, that neither
part has not made, does not make and specifically disclaims any representations regardingcompliance with any environmental protection, pollution or land use laws, rules, regulations.
orders or requirements, including solid waste, as defined by the U.S. Environmental Protection
Agency regulations at 40 C.F.R.. Part 261 or the disposal or existence, in or on the properties, of
any hazardous substance, as defined by the Comprehensive Environmental Response
Compensation and Liability Act of 1980. as amended. and regulations promulgated thereunder. —
Both parties firrther acknowledge and agree that this Agreement provides an opportunity to
inspect the other parry's property, and both parties acknowledge that they are relying solely on
their own investigation of the other parry's property and not on any information provided or to be
Provided by the other pa.,y. Each party further acknowledges and agrees that any information
provided or to be provided to it by the other party with respect to the property it is purchasing
was obtained from a variety of sources and that the other party has not made any independent
investigation or verification of such information and makes no representations as to the accuracy
or completeness of such information. Both parties agree that the selling party, with respect to its
property. is not liable or bound in any manner by any verbal or written statements.
representations or information pertaining to such property. or the operation thereof, furnished by
any real estate broker, agent, employee, servant, or other person. Both parties further
acknowledge and agree that to the maximum extent permitted by law, the sale of the respective
properties as provided for herein is made on an '`.AS IS" condition and basis with all faults.
10
''-1. fhc "City Development Process" shall mean the regulations and requirements for
the approval of the development for Parcel J. Huntington Hills PUD including the Combined
Parcel, as required or imposed by the City stag Planning and Zoning Board, and the CityCouncil.
22. Now. The parties' obligations set forth herein shall not merge in the Deed,
but shall survive the closing of this Agreement and shall be independently enforceable
subsequent to the closing.
23. Headier. Paragraph headings used herein are for convenience of reference and
shall in no way define. limit or prescribe the scope or intent of any provision under this
Agreement.
24, Tetmc 1rviv Uocing. To the extent necessary to cam out all of the terms and
provisions hereof. the said terms, obligations and rights set forth 'herein shall be deemed a t
terminated at the time of closing, nor shall they be necessarily merged with the various
documents executed and delivered at such time.
25. CQUstruction. Words of the masculine gender shall include the feminine and
neuter gender and when the sentence so indicates. words of the neuter gender shall refer to any
gender. Words in the singular shall include the plural and vice versa. This Agreement shall be
construed according to its fair meaning, and as if prepared by both parties hereto, and shall be
deemed to be and contain the entire understanding and agreement between the parties hereto. _
There shall be deemed to be no other terms, conditions. promises, understandings, statements or
representations, express or implied, concerning this Agreement unless set forth in writing and
signed by both parties hereto.
26. Time is of the E.Ssenc:. It is agreed that time shall be of the essence to this
Agreement and each and every provision hereof.
p i`1u9us� S
' I . Notice�ata_�ce/ ant row,. If this Agreement is accepted the City in
writing and Huntington receives notice of such acceptance on or before, 1999, by 5:00
P.M., this document shall become a contract between City and Huntington. A copy of this
document may be executed by each parry, separately, and when each party has executed a copy
thereof, such copies taken together shall be deemed to be a full and complete contract between
the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first above written.
ATTEST:
/C� ,�L� f7iLyres
City Clerk - CIr�Gael,6,h
APPROVED AS TO FORA:
Carrie Daggett Z
Assistant City Attorney �J
I'
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: . LA .s
City Manager
HUNTINGTON HILLS LLC OF COLORADO,
a Colorado Limited Liability Company
am
Marcus Palkowitsh, Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
Carrie Daggett
Assistant City Attorney
13
THE CITY OF FORT COLLINS. COLORADO
A Municipal Corporation
City Manager
HUNTINGTON HILLS LLC OF COLORADO,
a Colorado Limited Liability Company
By:
u alkowitsh. Manager+
C-1, C-2, C-2
Prime, & C-3
ril
2
3
4
5
ssRaLLllGre
N/A
Huntington Hills
Huntington Hills City
City City
City Huntington Hills
City Huntington Hills
Huntington Hills N/A
City
N/A
Huntington Hills City
6 City Huntington Hills
EURPME
Shows general location.
City's conveyance 2.18 acres
to Huntington_
Huntington's conveyance to
City of 19.50 acres.
Dedication of Right -of -Way
for Fossil Creek Parkway
.74 acres.
Drainage, utility, landscape
and construction easement
1.78 acres.
Drainage, utility, landscape
and construction easement
1.19 acres.
Reservation by Huntington
Hills for drainage, utility,
landscape and construction
easement .099.
Dedication for permanent and
construction and utility
easements .14 acres.
Permanent utility easement
and reservation of a
construction easement to
Huntington .32 acres.
Construction easement for
Fossil Creek Parkway .54.
7 Huntington Hills N/A Huntington's reservation of a
construction easement for
utilities adjacent to Fossil
Creek Parkway.
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FYHIBITB
LEGAL DESCRIPTION
PARCEL 1
0AKFARN TO CITY
CITY TO HUNTINGTON BILLS
A PARCEL OF LAND LOCATED IN SECTION 1, T6N, R69W OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF LARRvfER, STATE OF COLORADO; BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID
POINT BEING MARKED BY A #6 REBAR WITH A 3�/{" ALUMINUM CAP
STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 1 TO HAVE AN ASSUMED
BEARING OF S89°06'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6
REBAR WITH A 3%" ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER
BEARINGS RELATIVE =p? ETO;
THENCE N00°26'32"E, 250.19 FEET ALONG THE NORTH -SOUTH CENTERLINE
OF SAID SECTION 1;
:'HENCE S89004'59"E, 115.29 FEET;
THENCE S00055'01 "W, 23.01 FEET;
THENCE S89°33'28"E, 77.41 FEET;
THENCE S0002632"W, 136.81 FEET;
THENCE S89004'59"E, 287.05 FEET;
THENCE S00055'0I "W, 25.50 FEET;
THENCE S89°04'59"E, 226.56 FEET;
THENCE S75055'13"E, 126.88 FEET;
THENCE S571836"E, 53.76 FEET;
THENCE S89°07'15"E, 63.82 FEET;
THENCE S49026'13"E, 12.50 FEET TO A POINT
SOUTHEAST QUARTER OF SAID SECTION 1;
THENCE N89006'20"W, 948.05 FEET ALONG
SECTION 1 TO THE POINT OF BEGINNING.
ON THE SOUTH LINE OF THE
THE SAID SOUTH LINE OF
TOTAL AREA OF SAID DESCRIBED PARCEL I IS 2.18 ACRES MORE OR LESS
A.ND IS SUBJECT TO ANY CONDITIONS, EASEMENTS OR RIGHTS -OF -WAY
OR RECORD OR THAT NOW EXIST ON THE GROUND.
CYuIoIT Q
I
EXHIBIT C - 1
LEGAL DESCRIPTION
PARCEL 3
HUNTINGTON HILLS TO CITY
A PARCEL OF LAND LOCATED IN SECTION 12, TW R69W OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF LARIIMER, STATE OF COLORADO; BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT TEE NORTH QUARTER CORNER OF SAID SECTION 12,
SAID POINT BEING MARKED BY A #6 REBAR WITH A 3'/4" ALUM24UM CAP
STAMPED PLS 17502; AND CONSIDERING THE NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 12 TO HAVE AN ASSUMED
BEARING OF S89006'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6
REB AR WITH A 3 %a" ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER
BEARINGS RELATIVE THERETO;
THENCE S89°06'20"E, 948.05 FEET ALONG SAID NORTH LINE OF THE
VORTHEAST QUARTER OF SECTION 12 TO THE POINT OF BEGINNING.
THENCE S89°06'20"E, 10 1. 14 FEET;
iTIENCE S33°57'05"E, 150.26 FEET;
THENCE S13°53'S7"W, 100.02 FEET;
THENCE S82°07'58"W, 99.91 FEET;
THENCE S46°34'46"W, 10.44 FEET;
THENCE N00°52'52"E, 37.48 FEET;
THENCE S89°07'08"E, 69.82 FEET;
THENCE N45?53'00"E, 14.94 FEET;
THENCE N00053'00"E, 118.29 FEET;
THENCE N44007'00"W, 14.94 FEET;
TI-MNCE N89007'08"W, 31.52 FEET;
I1-MNCE N00052'45"E, 57.89 FEET;
THENCE N89°07'15"W, 86.25 FEET;
THENCE N49026' 13 "W, 13.34 FEET TO THE POINT OF BEGINNING.
TOTAL AREA OF SAID DESCRIBED PARCEL 3 IS 0.23 ACRES MORE OR LESS
AND IS SUBJECT TO ANY CONDITIONS, EASEMENTS OR RIGHTS -OF -WAY
OR RECORD OR THAT NOW EXIST ON THE GROUND.
simple and as easements) to the City associated with this development are in compliance
with all environmental protection and anti -pollution laws, rules, regulations, orders or
requirements, including solid waste requirements, as defined by the U.S. Environmental
Protection Agency Regulations at 40 C.F.R., Part 261, and that such portions of the
Property as are dedicated to the City pursuant to this development are in compliance with
all such requirements pertaining to the disposal or existence in or on such dedicated
property of any hazardous substances, pollutants or contaminants, as defined by the
Comprehensive Environmental Response Compensation and Liability Act of 1980, as
amended, and regulations promulgated thereunder. Huntington Hills does hereby
indemnify and hold harmless the City from any liability whatsoever that may be imposed
upon the City by any governmental authority or any third party, pertaining to the disposal
of hazardous substances, pollutants or contaminants and cleanup necessitated by leaking
underground storage tanks, excavation and/or backfill of hazardous substances, pollutants
or contaminants or environmental cleanup responsibilities of any nature whatsoever on,
of or related to any property dedicated to the City in connection with this development,
provided that such damages or liability are not caused by circumstances arising entirely
after the date of acceptance by the City of the public improvements constructed on the
dedicated property, except to the extent that such circumstances are the result of acts or
omissions of Huntington Hills. Said indemnification shall not extend to claims, actions or
other liability arising as a result of any hazardous substance, pollutant or contaminant
generated or deposited by the City, its agents or representatives, upon portions of the
Property dedicated to the City in connection with this development. Further, Huntington
Hills recently acquired from the City the property described in the Agreement of Exchange
of Real Property between the City and Huntington Hills which is attached hereto as Exhibit
"E-1" and incorporated herein by reference, and the easements that are described on
Exhibit "E-2", attached hereto and incorporated herein by reference. Huntington Hills'
foregoing indemnification does not extend to the property and easements described in said
Exhibits. The City agrees to give notice to Huntington Hills of any claim made against it
to which this indemnity and hold harmless agreement by Huntington Hills could apply, and
Huntington Hills shall have the right to defend any lawsuit based on such claim and to
settle any such claim provided Huntington Hills must obtain a complete discharge of all City
liability through such settlement. Failure of the City to give notice of any such claim to
Huntington Hills within ninety (90) days after the City first receives a notice of such claim
under the Colorado Governmental Immunity Act for the same, shall cause this indemnity
and hold harmless agreement by Huntington Hills to not apply to such claim and such
failure shall constitute a release of this indemnity and hold harmless agreement as to such
claim. The Developer hereby provides to the City and Huntington Hills the representations
and indemnifications set forth hereinabove but expressly limited to the Developer's
knowledge and actions commencing on the date it purchased the Property. The Developer
shall be entitled to the notice described hereinabove and to all benefits of such notice
provision.
II. Special Conditions
5
EXHIBIT C-
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EXHIBIT C - .2,
LEGAL DESCRIPTION
PARCEL 4
HUNTINGTON HILLS TO CITY
A PARCEL OF LAND LOCATED IN SECTION 12, T6N, R69W OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF LAR VIER, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMv MNCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12, SAID POINT
SAID POINT BEING MARKED BY A #6 REBAR WITH A 31/4" ALUMINUM CAP
STAMPED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 12 TO HAVE AN ASSUMED BEARING OF S89°06'20"E,
(EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH A 31/4" ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N89004'48"W, 122.38 FEET ALONG SAID NORTH LINE OF THE NORTHWEST
QUARTER OF SECTION 12;
THENCE S36°43'18"E, 295.58 FEET;
T:�+'CE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 121.26 FEET, A
RADIUS OF 867.00 FEET, A CENTRAL ANGLE OF 08-00-49" AND A CHORD WHICH
BEARS S32°42'54"E, 121.16 FEET;
THENCE S28°42'29"E, 138.38 FEET TO THE POINT OF BEGINNING;
THENCE N56015'05"E, 126.01 FEET;
THENCE S89°06'20"E, 177.07 FEET;
THENCE S00°53'40"W, 62.66 FEET;
THENCE S89"04'59"E, 324.05 FEET;
THENCE S46°34'46"W, 228.80 FEET;
THENCE S80°0923"W, I50.00 FEET;
THENCE N26044'22"W, 120.00 FEET;
THENCE S67°21'58"W, 136.62 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 80.59 FEET; A RADIUS
OF 683.00 FEET, A CENTRAL ANGLE OF 6045'38", AND A CHORD WHICH BEARS
1\125°19'40"W, 80.55 FEET;
THENCE S61017'31"W, 40.00 FEET;
THENCE N28°42'29"W, 85.88 FEET TO THE POINT OF BEGINNING.
TOTAL AREA OF SAID DESCRIBED PARCEL 4 IS 1.88 ACRES MORE OR LESS AND IS
SUBJECT TO .ANY CONDITIONS, EASEMENTS OR RIGHTS -OF -WAY OF RECORD OR
THAT NOW EXIST ON THE GROUND.
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LEGAL DESCRIPTION
PARCELS
HUNTINGTON HILLS TO CITY
DEDICATED AS RIGHT OF WAY
A PARCEL OF LAND LOCATED IN SECTION 12, T6N, R69W OF THE SIXTH PRINCIPAL
MERMLAN, COUNTY OF LARMUM, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12, SAID POINT
SAID POINT BEING MARKED BY A #6 REBAR WITH A 31/4" ALUMINUM CAP
STAKED PLS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 12 TO HAVE AN ASSUMED BEARING OF S89006'2011E,
(EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH A 31/4" ALLTMINUM
CAPS I A�IPED PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N89004'48"W, 122.38 FEET ALONG SAID NORTH LINE OF THE NORTHWEST
QUARTER OF SECTION 12;
THENCE S36043'18"E, 295.58 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 121.26 FEET, A
RADIUS OF 867.00 FEET, A CENTRAL ANGLE OF 08000149" AND A CHORD WHICH
BEARS S32042'54"E, 121.16 FEET;
THENCE S28042'29"E, 224.26 FEET TO THE POINT OF BEGINNING,
THENCE N61 ° 17'31 "E, 40.00 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 80.59 FEET, A
RADIUS OF 683,00 FEET, A CENTRAL ANGLE OF 604518", AND A CHORD WHICH
BEARS N25°I9'40"W, 80.55 FEET;
THENCE S67021'58"W, 40.00 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 76.35 FEET, A RADIUS
OF 643.00 FEET, A CENTRAL ANGLE OF 6°45'12", AND A CHORD WHICH BEARS
1NT25'18'23"W, 76.31 7 EET TO THE POINT OF BEGINNING
TOTAL AREA OF SAID DESCRIBED PARCEL 8 IS 0.07 ACRES MORE OR LESS AND IS
SUBJECT TO ANY CONDITIONS, EASEMENTS OR RIGHTS -OF -WAY OF RECORD OR
THAT NOW EXIST ON THE GROUND.
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LEGAL DESCRIPTION"
PARCEL 7
HUNTINGTON HILLS TO CITY
A PARCEL OF LAND LOCATED IN SECTION 12, T6N, R69W OF THE SD{T H PRINCIPAL
MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; PARTICULARLY DESCRIBED AS FOLLOWS: BEING MORE
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12, SAID
POINT BEING MARKED BY A #6 REBAR WITH A 3W ALUMINUM CAP STAMPED PLS
17502; AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 12 TO HAVE AN ASSUMED BEARING OF S89°0670"E, (EAST END OF
SAID LINE BEING MARKED BY A # 6 REBAR WITH A 3 Y." ALUMINUM CAP STAMPE
PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO; D
THENCE N89'04'48"W, 205.73 FEET ALONG SAID NORTH LINE OF THE NORTHWEST
QUARTER OF SECTION 12 TO THE POINT OF BEGINNING;
THENCE S36°43'18"E, 143.65 FEET;
TFMNCE S53016'42' W, 10.00 FEET;
THENCE S36°43'I8"E, 202.83 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 110.63 FEET, A
RADIUS OF 791.00 FEET, A CENTRAL ANGLE OF 08'00'49" AND A CHORD WHICH
BEARS S32042'54"E, 110.54 FEET;
THENCE S28°42'29"E, 113.15 FEET;
THENCE S61017'31'T, 10.00 FEET;
THENCE S28°42'29"E, 111.11 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 69.35 FEET , A
RADIUS OF 577.00 FEET, A CENTRAL ANGLE OF 6°53'12"AiVD A CHORD WHICH
BEARS S25015'53"E, 69.31 FEET; ,
THENCE S67021'58"W, 7.41 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 206.25 FEET, A
RADIUS OF 610.00 FEET, A CENTRAL ANGLE OF.19-2271", AND A CHORD WHICH
BEARS S13°13'01"E, 205.27FEET;
THENCE S44°18'49"W, 125.17 FEET; THENCE S58°48'24"W, 113.21 FEET;
THENCE S76°40'09"W, 79.27 FEET; THENCE N82°0629"W, 79.96 FEET;
THENCE N30°32'27"W, 68.02 FEET; THENCE N24°20'05"E, 72.21 FEET•
THENCE N45°11'49"W, 73.29 FEET; THENCE N55°5701"W, 66.13 FEET;
THENCE N66°25'16"W, 80.59 FEET, THENCE N69°2743"W, 179.92 FEET;
THENCE N66"4742"W, 80.91 FEET; THENCE N22'42'06"W, 79.26 FEET -
THENCE N10°53'33"W, 68.49 FEET, THENCE N26°31'37"W, 77.34 FEET'
THENCE N50°10'41"W,99.37FEET, THENCE N36°53'15"W,79.83FEET-'
THENCE S53°00'52"W, 223.16 FEET; THENCE S41°02'54"W, 147.64 FEET;
THENCE NI8°54'56"W, 297,85 FEET;
THENCE N10022'00"W, 2�6.05 FEET TO A POINT ON THE NORTH LINE OF THE
NORHHWEST QUARTER OF SAID SECTION 12;
THENCE S89004'48"E, 951.33 FEET ALONG SAID NORTH LINE OF THE NORTHWEST
QUARTER OF SECTION 12 TO THE POINT OF BEGINNING.
TOTAL AREA OF SAID DESCRIBED PARCEL 7 IS 17.32 ACRES MORE OR LESS AND IS
SUBJECT TO ANY CONDITIONS, EASEMENTS OR RIGHTS -OF -WAY OF RECORD OR
THAT NOW EXIST ON THE GROUND.
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LEGAL DESCRIPTION
PARCEL 6
RIGHT OF WAY TO BE
DEDICATED BY CITY
A PARCEL OF LAND LOCATED IN SECTION 12, T6N, R69W OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; BEING
MORE PARTICULARLY DESCRIBED M FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12,
SAID POINT BEING MARKED BY A #6 REBAR WITH A 3'/." ALUMINUM CAP
STAMPED PLS 17502; AND CONSIDERING THE NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 12 TO HAVE AN ASSUMED
BEARING OF S89°06'20"E, (EAST END OF SAID LINE BEING MARKED BY A #6
REBAR WITH A 3'/4" ALUMINUM CAP STAMPED PLS 20123) W?TF? ALL OTHER
BEARINGS RELATIVE THERETO;
THENCE N89004'48"W, 122.38 FEET ALONG SAID NORTH- LINE OF TI~W
NORTHWEST QUARTER OF SECTION 12;
THENCE S36°43'18"E, 295.58 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 121.26
FEET, A RADIUS OF 867.00 FEET, A CENTRAL ANGLE OF 08000'49" AND A
CHORD WHICH BEARS S32042'54"E, 121.16 FEET;
THENCE S28°42'29"E, 224.26 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 76.35 FEET,
A RADIUS OF 643.00 FEET, A CENTRAL ANGLE OF 6048#12", AND A CHORD
WHICH BEARS S25018'23 "E, 76.31 FEET TO THE POINT OF BEGINNING;
THENCE N67021'58"E, 40.00 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 173.40
FEET. A RADIUS OF 683.00 FEET, A CENTRAL ANGLE OF 14°32'47", AND A
CHORD WHICH BEARS S 1404077"E, 172.94 FEET;
THENCE S82035'56'W, 40.00 FEET,
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 221.08
FEET, A RADIUS OF 643.00 FEET, A CENTRAL ANGLE OF 19042-00", AND A
CHORD WHICH BEARS S02°26'56"W, 219.99 FEET;
THENCE S12°17'56"W, 18.31 FEET;
THENCE N73°43'16"W, 60.25 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 356.68 FEET,
A RADIUS OF 610.00 FEET, A CENTRAL ANGLE OF 33°30'08", AND A CHORD
WHICH BEARS N06009'08"W, 351.62 FEET;
THENCE N67021'58"E, 73.41. FEET TO THE POINT OF BEGINNING.
TOTAL AREA OF SAID DESCRIBED PARCEL 6 IS 0.74 ACRES MORE OR LESS
AND IS SUBJECT TO ANY CONDITIONS, EASEMENTS OR RIGHTS -OF -WAY OF
RECORD OR THAT NOW EXIST ON THE GROUND.
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EXHIBIT 1
LEGAL DESCRIPTION
DRAINAGE, UTILITY, LANDSCAPE & CONSTRUCTION EASEMENT
FROM CITY TO HUNTINGTON HILLS
A DRAINAGE, UTILITY, LANDSCAPE & CONSTRUCTION EASEMENT LOCATED IN
SECTION 1, T6N, R69W OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LAPMMI?
STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT TIM SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT
BEING MARKED BY A #6 REBAR WITH A 3'/." ALUMINUM CAP STAMPED PLS 17502;
AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION I TO HAVE AN ASSUMED BEARING OF S89006'20"E, (EAST END OF SAID
LINE BEING MARKED BY A 46 REBAR WITH A 3'/. " ALUMINUM CAP STAMPED PLS
20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N00°26'32"E, 250.19 FEET, ALONG THE NORTH -SOUTH CENTERLINE OF
SAID SECTION 1, TO THE POINT OF BEGINNING.
THENCE N00°26'32"E, 50.00 FEET, ALONG THE NORTH -SOUTH CENTERLINE OF SAID
SECTION 1.
THENCE S89°04'59"E, 139.24 FEET;
THENCE S71°02'05"E, 114.28 FEET;
THENCE S00°38'26"W, 122.35 FEET;
THENCE S89006'15"E, 236.39 FEET;
THENCE S82°26'08"E, 227.26 FEET;
THENCE S75°55'13"E, 143.93 FEET;
THENCE S57°18'36"E, 47.70 FEET;
THENCE S89°07'15"E, 183.24 FEET;
THENCE N71°52'23"E, 54.84 FEET;
THENCE N86°45'45"E, 83.85 FEET;
THENCE S00°53'40"W, 81.93 FEET;
THENCE N89°06'20"W, 97.44 FEET,
THENCE N89°06'20"W, 60.92 FEET;
THENCE N89°06'20"W, 101,14 FEET;
THENCE N49°26' l3"W, 12.50 FEET;
THENCE N89°07'15"W, 63.82 FEET;
THENCE N57018'36"W, 53.76 FEET;
THENCE N75°55'13"W, 126.88 FEET;
THENCE N89004'59"W, 226.56 FEET;
THENCE N00°55'0 VE, 25.50 FEET;
THENCE N89°04'59"W, 287.05 FEET;
THENCE N00°26'32"E, 136.81 FEET;
THENCE N89°33'28"W, 77.41 FEEL;
THENCE 00°55'O1"E, 23.01 FEET;
l �p0 THENC 89 4'59"W, 115.29 FEET TO THE POINT OF BEGINNING,
TOTAL AREA OF SAID DESCRIBED EASEMENT IS 1.78 ACRES MORE OR LESS AND
IS SUBJECT TO ANY CONDITIONS, EASEMENTS, OR RIGHTS -OF -WAY OF RECORD
OR THAT NOW EXIST ON THE GROUND.
A. Water Lines
1. Notwithstanding anything in this Agreement to the contrary, the
Development will be provided water service from the Fort Collins -Loveland Water District
("Water District"), and all water line improvements shall be installed and inspected in
accordance with the Water District's regulations and the approved plans thereof.
2. The City shall pay the cost of installing such improvements in Area 3
as particularly described on Exhibit "A" including the fire hydrant. Huntington Hills shall pay
the cost of the Fossil Creek Parkway water line improvements in Areas 1 and 2, including
the fire hydrant in Area 2 as particularly described on Exhibit "A". Notwithstanding the
foregoing, the Developer will pay the cost of installing the eight -inch water line stub shown
on Exhibit "A" and all improvements related to such water line stub.
B. Sewer Lines
1. Notwithstanding anything in this Development Agreement to the
contrary, the Property will be provided sanitary sewer service from the South Fort Collins
Sanitation District ("Sewer District"), and all sewer line improvements shall be installed and
inspected in accordance with the Sewer District's regulations and the approved plans
therefor. Installation and payment for the sewer line improvements, including
appurtenances thereto, shall be the responsibility of Developer except as noted on Exhibit
"B-Y and as outlined below:
The City shall be responsible for the relocation, modification or protection of
the sanitary sewer line necessary to accommodate the bike paths discussed
in Section II.D. hereof ("Sewer Line Relocation") as shown on the final
development plan documents and shall pay for all of the costs thereof,
including engineering, construction management and design costs. The City
shall complete the construction of said Sewer Line Relocation no later than
60 days following execution of this Agreement, unless said completion is
mutually agreed upon by the City and the Developer to be infeasible due to
unforeseeable and/or unpredictable environmental events ("Acts of God").
If both parties agree that completion of the relocation within sixty (60) days
following execution of this Agreement is infeasible due to Acts of God, the
Developer and the City will arrive at a mutual agreement on extending the
deadline for completion of said relocation. If the City is unable to complete
said relocation within such sixty (60) day period or any previously agreed
upon extension, the Developer shall have the right to either a) grant
additional extension(s) to ensure completion, or b) construct or complete the
Sewer Line Relocation, whereupon the City shall be responsible for 100% of
the costs of construction completed by the Developer, including engineering,
construction management and design costs.
C. Storm Drainage Lines and Appurtenances
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EXHIBIT 2
LEGAL DESCRIPTION
DRAINAGE, UTILITY, LANDSCAPE & CONSTRUCTION EASEMENT
FROM CITY TO HUNTINGTON HILLS
A DRAINAGE, UTILITY, LANDSCAPE & CONSTRUCTION EASEMENT
LOCATED IN SECTION 12, T6N, R69W OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF LARI ER, STATE OF COLORADO; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12,
SAID POINT BEING MARKED BY A #6 REBAR WITH A 3'/." ALUMINUM CAP
STAMPED PLS 17502; AND CONSIDERING THE NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 12 TO HAVE AN ASSUMED
BEARING OF S89006'20"E, (EAST END OF SAID LINE BEING MARKED BY A 46
REBAR WITH A 3'/4 " ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER
BEARINGS RELATIVE THERETO;
TI ENCE S89°06'20"E, 1049.19 FEET, ALONG THE NORTH LINE OF THE
NORTHEAST QUARTER OF SECTION 12, TO THE POINT OF BEGINNING.
THENCE S89006'20"E, 60.92 FEET;
THENCE S3305T05"E, 137.64 FEET;
THENCE S13053'57"W, 156.08 FEET;
THENCE S82007'58"W, 117.75 FEET;
THENCE S46°34'46"W, 169.35 FEET;
THENCE S43025'14"E, 90.00 FEET;
THENCE S46034'46"W, 170.00 FEET;
THENCE N43025'14"W, 122.98 FEET;
THENCE N89004'59"W, 24.35 FEET;
THENCE N4603446"E, 71.54 FEET;
THENCE N46°34'46"E, 290.81 FEET;
THENCE N46°34'36"E, 10.44 FEET;
THENCE N82007'58"E, 99.91 FEET;
THENCE N13'53'57"E, 100.02 FEET;
THENCE N33057'05"W, 150.26 FEET GO TO THE POINT OF BEGINNING.
TOTAL, AREA OF SAID DESCRIBED EASEMENT IS 1.19 ACRES MORE OR LESS
AND IS SUBJECT TO ANY CONDITIONS, EASEMENTS, OR RIGHTS -OF -WAY
OF RECORD OR THAT NOW EXIST ON THE GROUND.
EXHU31T 2
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EXHIBIT 3
LEGAL DESCRIPTION
DRAINAGE, UTILITY, LANDSCAPE & CONSTRUCTION EASEMENT
HUNTINGTON HILLS TO RESERVE FROM CITY
A DRAINAGE, UTILITY, LANDSCAPE & CONSTRUCTION EASEMENT
LOCATED IN SECTION 12, T6N, R69W OF THE SIXTH PRINCIPAL, MERIDIAN,
COUNTY OF LARDER, STATE OF COLORADO; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12,
SAID POINT BEING MARKED BY A #6 REBAR WITH A 3'/4" ALUMINUM CAP
STAMPED PLS 17502; AND CONSIDERING THE NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 12 TO HAVE AN ASSUMED
BEARING OF S8900620"E, (EAST END OF SAID LINE BEING MARKED BY A #6
REBAR WITH A 3'/. " ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER
BEARINGS RELATTVE THERETO;
THENCE N89004'48"W, 122.38 FEET ALONG THE NORTH LINE OF THE
NORTHWEST QUARTER OF SECTION 12;
THENCE S36°43'18"E, 295.58 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING f
FEET, A RADIUS OF 867.00 FEET, A CENTRAL ANGLE
CHORD WHICH BEARS S32042- 54"E,
BEGINNING,
THENCE N56-15'05"E, 126.01 FEET;
THENCE S89006'20"E, 177.07 FEET;
THENCE S00053'40"W, 62.66 FEET;
THENCE S89°04'59"E, 324.05 FEET;
THENCE S4603446"W, 71.54 FEET;
THENCE N89°04'59"W, 322.86 FEET;
LENGTH OF 121.26
OF 08000'49" AND A
111.16 FEET TO THE POINT OF
THENCE N00053'40"E, 62.64 FEET;
THENCE N89006'20"W, 111.47 FEET;
THENCE S56015'05"W, 32.87 FEET;
THENCE S33044'55"E, 129.95 FEET;
THENCE S67021'58"W, 98.14 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 76.35 FEET,
A RADIUS OF 643.00 FEET, A CENTRAL ANGLE OF 6048'12" AND A CHORD
WHICH BEARS N25018'23 "W, 76.31 FEET;
THENCE N28°42'29"W, 85.88 FEET TO THE POINT OF BEGINNING.
TOTAL AREA OF SAID DESCRIBED EASEMENT IS 0.99 ACRES MORE OR LESS
AND IS SUBJECT TO ANY CONDITIONS, EASEMENTS, OR RIGHTS -OF -WAY
OF RECORD OR THAT NOW EXIST ON THE GROUND.
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LEGAL DESCRIPTION
UTILITY EASEMENT
FROM CITY
A UTILITY EASEMENT LOCATED IN SECTION 12, T6N, R69W OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY. OF LARIMER, STATE OF COLORADO; BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMh[ENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12,
SAID POINT BEING MARKED BY A #6 REBAR WITH A 3%4" ALUMINUM CAP
STAMPED PLS 17502; AND CONSIDERING THE NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 12 TO HAVE AN ASSUMED
BEARING OF S89006'20"E, (EAST END OF SAID LINE BEING MARKED BY A 96
REBAR WITH A 3%4 " ALUMINUM CAP STAMPED PLS 20123) WITH ALL OTHER
BEARINGS RELATIVE THERETO;
THENCE N89°04'48"W, 122.38 FEET ALONG THE NORTH LINE OF THE
NORTHWEST QUARTER OF SECTION 12;
THENCE S36043'18"E, 295.58 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 121.26
FEET, A RADIUS OF 867.00 FEET, A CENTRAL ANGLE OF OV00'49" AND A
CHORD WHICH BEARS S32042'54"E, 121.16 FEET;
THENCE S28042'29"E, 85.88 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 76.35 FEET,
A RADIUS OF 643.00 FEET, A CENTRAL ANGLE OF 06048'12", AND A CHORD
WHICH BEARS S250I 8'23 "E, 76.31 FEET TO THE POINT OF BEGINNING;
THENCE N67021'58 "E, 15.00 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 392.99
FEET, A RADIUS OF 658.00 FEET, A CENTRAL ANGLE OF 34-13'13", AND A
CHORD WHICH BEARS S04048'41"E, 387.18 FEET;
THENCE S12°17'S6"W, 19.36 FEET;
THENCE N73°43'16"W, 15.04 FEET;
THENCE N12°17'56"E, 18.31 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 3 83. 85 FEET,
A RADIUS OF 643.00 FEET, A CENTRAL ANGLE OF 34°12'13" AND A CHORD
WHICH BEARS N05000'07"E, 353.80 FEET TO THE POINT OF BEGINNING.
TOTAL AREA OF SAID DESCRIBED EASEMENT IS 0.14 ACRES MORE OR LESS
AND IS SUBJECT TO ANY CONDITIONS, EASEMENTS, OR RIGHTS -OF -WAY
OF RECORD OR THAT NOW EXIST ON THE GROUND.
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LEGAL DESCRIPTION
UTILITY EASEMENT
HUNTINGTON HMLS TO RESERVE FROM CITY
A UTILITY EASEMENT LOCATED IN SECTION 12, T6N, R69W OF THE SDCM
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12, SAID
POINT BEING MARKED BY A #6 REBAR WITH A 3 N" ALUM]NUM CAP STAMPED PLS
17502; AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 12 TO HAVE AN ASSUMED BEARING OF S89006'20"E, (EAST END OF
SAID LINE BEING MARKED BY A #6 REBAR WITH A 3% " ALUMINUM CAP STAMPED
PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N8 "48 205.73 FEET ALONG THE NORTH LINE OF THE NORTHWEST
f V D QUARTER OF -SEMON 12 TO THE POINT OF BEGINNING;
THENCE S36°43'18"E, 143.65 FEET;
C� THENCE S 53016142"W, 10.00 FEET;
THENCE S36043'18"E, 202.83 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 110.63 FEET, A
RADIUS OF 791.00 FEET, A CENTRAL ANGLE OF 8"00'49" AND A CHORD WHICH
BEARS S32°42'54"E, 110.54 FEET;
THENCE S28"42'29"E, 113.15 FEET;
THENCE N61017'31"E, 10.00 FEET;
THENCE S28°42'29"E, 111.11 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 69.35 FEET, A
RADIUS OF 577.00 FEET, A CENTRAL ANGLE OF 6-53-12" AND A CHORD WHICH
BEARS S25"15'53"E, 69.31 FEET,
THENCE S67"21'58"W, 7.41 FEET,
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 206.25 FEET, A
RADIUS OF 610.00 FEET, A CENTRAL ANGLE OF 19-22-21" AND A CHORD WHICH
BEARS S 13"13'01 "E, 205.27 FEET;
THENCE S44°18'49"W,19.69 FEET,
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 283.88 FEET, A
RADIUS OF 562.00 FEET, A CENTRAL ANGLE OF 28056'31" AND A CHORD WHICH
BEARS N14°14'14"W, 280.88 FEET;
THENCE N28°42'29"W, 101.11 FEET;
THENCE S61°17'31"W, 10.00 FEET;
THENCE N2V42'29"W, 123.15 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 108.53 FEET, A
RADIUS OF 776.00 FEET, A CENTRAL ANGLE OF 8°00'49" AND A CHORD WHICH
BEARS N32042'54"W, 108.44 FEET;
THENCE N36°43'18"W, 212.83 FEET;
THENCE S53"16'42"E, 10.00 FEET;
THENCE N36"43'18"W, 145.22 FEET;
THENCE S89"04'48"E, 18.94 FEET ALONG TITS NORTH LINE OF THE NORTHWEST
QUARTER OF SECTION 12 TO THE POINT OF BEGINNING.
TOTAL AREA OF SAID DESCRIBED EASEMENT IS 0.32 ACRES MORE OR LESS AND
IS SUBJECT TO ANY CONDITIONS, EASEMENTS, OR RIGHTS -OF -WAY OF RECORD
0R THAT NOW EXIST ON THE GROUND.
EXHIBIT 5
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EXHIBIT 6
LEGAL DESCRIPTION
CONSTRUCTION EASEMENT
FROM CITY TO HUNTINGTON HILLS
A CONSTRUCTION EASEMENT LOCATED IN SECTION 12, T6N,.R69W OF THE SDcm
PRINCIPAL MERIDIAN, COUNTY OF LARMIER. STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12, SAID
POINT BEING MARKED BY A #6 REBAR WITH.A 3 XV ALUMINUM CAP STAMpED pLS
17502; AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 12 TO HAVE AN ASSUMED BEARING OF S89°06'20"E, (EAST END OF
SAID LINE BEING MARKED BY A #6 REBAR WITH A 3'/, " ALUMINUM CAP STAMPED
PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N89°04'48"W, 122.38 FEET ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SECTION 12;
THENCE S36°43' 18"E, 295.58 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 121.26 FEET, A
RADIUS OF 867.00 FEET, A CENTRAL ANGLE OF 08°00'49" AND A CHORD WHICH
BEARS S32°42'54"E, 121.16 FEET;
THENCE S28042'29"E, 85.88 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 76.35 FEET, A
RADIUS OF 643.00 FEET, A CENTRAL ANGLE OF 06°48'12", AND A CHORD WHICH
BEARS S25"18'23"E, 76.31 FEET;
THENCE N67021'58 "E, 40.00 FEET TO THE POINT OF BEGINNING;
THENCE Mr21'58"E, 50.00 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 236.73 FEET, A
RADIUS OF 733.00 FEET, A CENTRAL ANGLE OF 18°30'16" AND A CHORD WHICH
BEARS S 12"44'3 I "E, 235.71 FEET;
THENCE S82°35'56"W, 40.10 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 188.23 FEET, A
RADIUS OF 693.00 FEET, A CENTRAL ANGLE OF 15-33-45" AND A CHORD WHICH
BEARS SO4-31-03"W, 187.65 FEET;
THENCE S 12017'56"W, 21.79 FEET;
THENCE N73°43'16"W, 50.12 FEET;
THENCENI2°17'56"E, 18.31 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 221.08 FEET, A
RADIUS OF 643.00 FEET, A CENTRAL ANGLE OF 19°42'00" AND A CHORD WHICH
BEARS NO2°26'56"E, 219.99 FEET,
THENCE N82035'56"E, 40.00 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 173.40 FEET, A
RADIUS OF 683.00•FEET, A CENTRAL ANGLE OF 14°32'47" AND A CHORD WHICH
BEARS N14'40'27"W, 172.94 FEET TO THE POINT OF BEGINNING.
TOTAL AREA OF SAID DESCRIBED EASEMENT IS 0.54 ACRES MORE OR LESS AND
IS SUBJECT TO ANY CONDITIONS, EASEMENTS, OR RIGHTS -OF -WAY OF RECORD
OR THAT NOW EXIST ON THE GROUND.
1. Water Quality Control Ponds
a. The approved final development plan documents require the
construction of three water quality control ponds in connection with the development of the
Property. The Developer will construct all of such ponds in accordance with such plan
documents. The two ponds, which are not adjacent to the Fossil Creek Parkway, are
depicted on Exhibit: "A" as Ponds "A" and "B". Developer shall initially contour Ponds "A"
and "B" as sediment ponds, and they shall remain as sediment ponds during the
construction of the required public infrastructure and seventy-five percent (75%) of the
buildings on the Property. Prior to receipt of more than seventy-five percent (75%) of the
certificates of occupancy for the Development, Developer shall install the water quality
controls in Ponds "A" and "B" in accordance with the final development plan documents.
b. The third pond, which is adjacent to Fossil Creek Parkway is
denoted as Pond C on Exhibit "A". The Developer will install Pond C and the drainage
lines that convey storm drainage into said pond. The Developer will initially contour Pond
C as a sediment pond. Based on the relative volume of stormwater contributed from each
area, the cost of installing Pond C as a sediment pond, including the drainage lines into
that pond, will be shared by the City, Huntington Hills and Developer as provided in Exhibit
"B-1". After completion of the Fossil Creek Parkway Improvements, as defined in II.D
below, and acceptance thereof by the City, the Developer will install water quality controls
in Pond C. The Developer will be responsible for maintaining the Pond C, as well as the
Pond A & Pond B iimprovements.
2. Erosion Control
a. The Developer agrees to install and maintain all erosion
control improvements required by the City in connection with the construction and
installation of the Pond C improvements and the Fossil Creek Parkway Improvements, as
defined in II.D. below. The cost of such work, together with associated bonding and
security requirements, as applicable, shall be paid by the Developer, Huntington Hills, and
the City based on !the cost of the work for which each party is responsible as allocated on
Exhibit "B-2" prepared by TST, Inc. Consulting Engineers (the "Engineer"), the consulting
engineer for the Developer and Huntington Hills. The City's portion of such cost shall be
paid in accordance with paragraph II.D.13 hereof. The Developer agrees to provide and
maintain erosion control improvements as shown on the approved final development plan
documents to stabilize all over -lot grading in and adjacent to this Development and for the
Fossil Creek Parkway Improvements. The Developer shall also be required to post two
security deposits prior to beginning construction, to guarantee the proper installation and
maintenance of the erosion control measures shown on the approved final development
plan documents for the Development, and for the Fossil Creek Parkway Improvements.
The amount of such security deposits shall be Ten Thousand Five Hundred Fifteen and
75/100 Dollars ($10,515.75) for the Development and Two Thousand Two Hundred
7
EXHIBIT 7
LEGAL DESCRIPTION
CONSTRUCTION EASEMENT
RETAINED BY HUNTINGTON HILLS
A CONSTRUCTION EASEMENT LOCATED -W SECTION 12, T6N, R69W OF THE SDcrH
PRINCIPAL MERIDIAN, COUNTY OF LARRdER, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTH QUARTER CORNER OF SAIDSECTION 12, SAID
P019T BEING MARKED BY A #6 REBAR WITH A 3 W ALUMIDiUM CAP STAMPED pLS
17502, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 12 TO HAVE AN ASSUMED BEARING OF S8900670"E, (EAST END OF
SAID LINE BEING MARKED BY A #6 REBAR WITH A 3'/. " ALUMIMlM CAP STAMPED
PLS 20123) WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N89004°4�'W, 205.73 FEET ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SECTION 12 TO THE POINT OF BEGINNING;
THENCE S36°43'18"E, 346.48 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 112.03 FEET, A
RADIUS OF 801.00 FEET, A CENTRAL ANGLE OF 8°00'49" AND A CHORD WHICH
BEARS S32042'54"E, 111.94 FEET;
THENCE S28-4279"E, 224.26 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 69.35 FEET, A
RADIUS OF 577.00 FEET, A CENTRAL ANGLE OF 6°53'12" AND A CHORD WHICH
BEARS S25°15'53"E, 69.31 FEET;
THENCE S67021'58"W, 7.41 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 206.25 FEET, A
RADIUS OF 610.00 FEET, A CENTRAL ANGLE OF 19°22'21" AND A CHORD WHICH
BEARS S 13° 13'Q 1 "E, 205.27 FEET;
THENCE S44°18'49"W, 70.11 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 23.82 FEET, A
RADIUS OF 560.00 FEET, A CENTRAL ANGLE OF 2°26'14" AND A CHORD WHICH
BEARS N00004'16"E, 23.82 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 278.61 FEET, A
RADIUS OF 527.00 FEET, A CENTRAL ANGLE OF 30417'27" AND A CHORD WHICH
BEARS N1303346"W, 275.38 FEET;
THENCE N28°42'29"W, 224.26 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 105.04 FEET, A
RADIUS OF 751.00 FEET, A CENTRAL ANGLE OF 8-00-49" AND A CHORD WHICH
BEARS N32042'54"W, 104.95 FEET;
THENCE N36*43'18"W, 385.04 FEET;
THENCE S89°04'48"E, 44.20 FEET ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SECTION 12 TO THE POINT OF BEGINNING.
TOTAL AREA OF SAID DESCRIBED EASEMENT IS 1.11 ACRES MORE OR LESS AND
IS SUBJECT TO ANY CONDITIONS, EASEMENTS, OR RIGHTS -OF -WAY OF RECORD
OR THAT NOW EXIST ON THE GROUND.
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EXHIBIT 7
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♦. . EXHIBIT H
LEGAL DESCRIPTION
COMBINED PARCEL
A PARCEL OF LAND LOCATED IN SECTION 1 AND SECTION 12, T6N, R69W OF THE
SIXTH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO; BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, SAID POINT
BEING MARKED BY A #6 REBAR WITH A 3!/4" ALUMINUM CAp STAMPED PLS 17502;
AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
1 TO HAVE AN ASSUMED BEARING OF S89°06'20"E, (EAST END OF SAID LINE BEING
MARKED BY A #6 REBAR WITH A 3-'/." ALUMINUM CAP STAMPED PLS 20123) WITH ALL
OTHER BEARINGS RELATIVE THERETO;
THENCE NOO°26'32"E, 250.19 FEET ALONG THE WEST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 1;
THENCE S89004'59"E, 115.29 FEET;
THENCE SOO°55'01"W, 23.01 FEET;
THENCE S8903328"E, 77.41 FEET;
THENCE SOO°26'32"W,136.81 FEET;
THENCE S89°04'59"E, 287.05 FEET;
THENCE SOO°55'01"W, 25.50 FEET;
THENCE S89°04'59"E, 226.56 FEET;
THENCE S75°55'13"E,126.88 FEET;
THENCE S57018'36"E, 53.76 FEET,
THENCE S89°07'15"E, 63.82 FEET;
THENCE S49026'13"E, 25.84 FEET;
THENCE S89°07'15"E, 86.25 FEET;
THENCE SOO°52'45"W, 57.89 FEET;
THENCE S89"OT08"E, 31.52 FEET;
THENCE S4400TOO"E, 14.94 FEET,
THENCE S00053'00"W,118.29 FEET;
THENCE S45°53'00"W,14.94 FEET;
THENCEN89'07'08"W, 69.82 FEET;
THENCE S00052'52"W, 37.48 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY
OF THE CITY OF FORT COLLINS FOSSIL CREEK COMMUNITY PARK,
THENCE S46nV46"W, 290.81 FEET ALONG SAID NORTHWESTERLY BOUNDARY;
THENCE N89°04'59"W, 324.05 FEET;
THENCE N00°53'40"E, 62.66 FEET;
THENCE N89006'20"W,177.07 FEET,
THENCE S56°15'05"W,126.01 FEET,
THENCE N25°42'29"W, 138.38 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 867.00 FEET A CENTRAL
ANGLE OF 8000'49" AND A CHORD WHICH BEARS N32°42'54"W, 121.16 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE 121.26 FEET;
THENCE N36°43'18"W, 295.58 FEET TO A POINT ON THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 12;
THENCE S8900448"E, 122.38 FEET ALONG THE NORTH LINE OF SAID SECTION 12 TO THE
POINT OF BEGINNING,
TOTAL AREA OF SAID DESCRIBED PARCEL IS 11.54 ACRES MORE OR LESS AND IS
SUBJECT TO ANY CONDITIONS, EASEMENTS OR RIGHTS -OF -WAY OF RECORD OR
THAT NOW EXIST ON THE GROUND.
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RCPTa a :099, 24551 09/24/1999 08:35:00 a PAGES - 12 FEE -
d RODENBERGER RECORDER, LARIMER COUNT? CO STATE DOC FEE _
DEED OF PERMANENT EASEMENT
LANDSCAPING, UTILITIES, DRAINAGE AND CONSTRUCTION FROM CITY
EXHIBIT E-2
Easements/Rights—of—Way
$60,06
$.00
THIS DEED OF EASEMENT is made and entered into this o7 3 day of
1999, by and between THE CITY OF FORT COLLINS, COLOR.A.DO, a
municipal corporation ("the Grantor', 300 LaPorte Avenue, Fort Collins, CO 80521, and
✓HLNTNGTON HILLS, L.L.0 OF COLORADO, a Colorado Limited Liability Company, rlo
Marcus S. Palkoait5h, 650 South Cherry Street. Suite 135, Denver, CO 80246. (the -Grantee,.
WITNESSETH:
:. in consideration of Ten Dollars (S1o.0o), the provisions hereof, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. the
Grantor has this date granted, bargained, conveyed, delivered. transferred, and sold, and by these
presents does arant, bargain, convey, deliver, transfer and sell. •anro the Grantee and :is
successors and assigns a nonexclusive, perpetual easement over, under and across the area
described on Exhibits 1, 2, and 8 (the "Easement) for the installation, opnsu=ion, maintenance,
in5putioa, operation, replacement and removal of:
(ai Landscaping materials and irrigation lines and eewpment servicing same
(the -Landscaping-;. Such landscaping shall be installed and maintained substantially :n
accordance •.1ith the plans and specifications of'1 F Riciey .associates. inc. dance June :99Q and
revised August 3. 1999• and subsequent revisions aooroved and accepitd 'at
DY :he C;Iv of Fort
�'•=c.rsisuns of lour ) pages, a copy of which :s or. file :n �ze arfic.s of Grantor ara
Grantee.
W Any and all utility services presently or hereinafter provided by the City of
Fort Collins. including but not limited to such electricin•, telecommunications, or any other
utility service provider. All utility services shall be installed substantially in accordance with the
Plans and specifications set forth in TST Inc. Consulting Engineer's Utility Plats dated June
1999, and recorded August 3, 1999, consisting of 17 sheets, a copy of which is on ale in the
oivices of Grantor and Granite.
(c) A drainage, storm water sewer, and detention pond easement to convey
surface :lows through a drainage Swale and culverts and to detain such flow in a detention pond
for a storm sewer and storm server facility to be located within the Easement, together with the
Wight of ingress and egress for the installation and repair of any Improvements aecessary ;o
etfecruate the purpose of this Easement. Any Improvements shall be installed substantially in
accordance with the plans and specifications of TST Inc. Consulting Engineer's referenced in
Paragraph 1 (b1.
Security Title
3
d) For the cuivert and support, including rip rap
described in :. (cl above. to serve the detention pond
Any Improvements shall be installed substantially in accordance wi
the plans of TST, Inc. Consulting Engineers referred to in paragraph I. (b). th
'. The Grantee shall have the right ingress and egress to and :iom ;he Easement by
means of existing roads or paths (whether public or private) located on the Grantor's property if
any, or in the absence of such roads, by such other routes as the Grantor and Grantee shay agree
taking into consideration the minimization of damage to the Grantor's property.
3. The Grantor reserves the right to use the Easement for purposes that will not
unreasonably interfere with the Grantee's fill] enjoyment of the rights granted herein.
i. The Grantee shall maintain the landscaping within the Easement in a safe
condition. The Grantee shall repair the landscaping within +he Eas men; to ensse :he
landscaping do not cause damage to persons or property and shall restore the Easement Ares [o
the pre -repair condition IollOwing completion of the initial installation of lanascaping in :he
Easement, except for areas that have been planted in landscaping.
5. A. Grantee herebv covenants and agrees :o inaenuufv and bold =anmr
harmless from and against any cisuns of liens including mechanic's or marenalmen's :ions
against the Easement •rod against any permanent damage to the Easement, or injury to ,sons
arising out of or in connection with the activities of Gr
construction eantee on or about :he Easement durirz the
accented by the Grantee cre of Improvements in said Easemeor until such time as ",e improvements aer
a.
B. Following completion of the initial installation of rhe:mprovements in the
Easement, the Grantee agrees, to the extent provided by law, to indemnify the Grantor, its
OfEceTs, agents, employees, representatives, successors and assigns from all claims and liability
alisine thereafter, including Grantor's reasonable attomevs' fees and costs. 'or claims made by
third persons resulting from or arising out of the Gran(ee's use of the Easement, including the
construction, installation, operation, repair, maintenance or removal of landscaping within the
Easement.
C. Ir, the event that Grantee transfers the Property served by these Easements
(more particuiariv described on Exhibit H attached hereto and incorporated by reference ahe
"Benefited Property") to any third party (the "Third Party Grantee';, such Third Party Grantee
shall to deemed ro have expressly assumed and to have agreed to be bound by this
mde.gaification obligations (5 A. and 5 B.) from and after the transfer ,dare of the Exhibit H
Property, and Grantee shall be released from any and all liability thereunder arising subsequent
to the date of transfer of the Exhibit H Property shall be that Third Pan, Grantee.
2
6. Should the Grantee permanently discontinue maintaining and using all of the
landscaping within the Easement, such landscaping shall be abandoned, and the Grantee if shall
at its own expense, remove the ud
lEasement ess the Grantor ,
writing, to allow the Grantee to abandonlnssuch landscaping in place. In Ute event the landscaping restore the Easement area, at its sole cost to
is removed from the Easement area, the Grantee sball
A condition equal to its eonditionjust prior to the Grantee's work within the easement
7. This Deed of Easement shall run with the lands described in the exhibits attached
hereto, and all the terms and conditions thereof, shall extend to and be binding upon the
successors and assigns of the parties.
a. The Grantee agrees to record this Agreement, at its own expense, with the Clerk
and Recorder of Larimer County, Colorado, and to famish evidence of such recording to the
Grantor. This Agreement shall be recorded before any work is commenced by the Grantee
within the Easement This Easement is apputt MaM to and intended to benefit the real Property
described on Exhibit H attached hereto and incorporated by reference (the Benefited Parcel).
9. it is anticipated that the Easements referred to in Paragraph 1. (b), (c) and (d) will
be assigned to or dedicated to public use upon the City of Fort Collins (the Citv's) approval of
I ::ompieted building Project on Exhibit H after the City's acceptance and approval of the
improvements constructed within the Easement Areas described in said exhibits.
IN iNESS 'a'HEREOF,
w
first above written.
the parties have executed Nis .-kgreement the day and near
GRANTOR:
THE CITY OF FORT COLLINS, COLORADO
By:
Charles Wanner, Nlayor Pro Tem
rtPPROVED AS TO FORM
Came Daggett
Assistant Cry Anom
STATE OF COLORADO )
COLNTY OF LAR(MER j
The foregoing instrument was acknowledged before me this R6rd day of
— , 1999, by Charles Warner, Mayor Pro Tem of the City of Fort Collins,
and ands Kralicek, Ciry C:erk of the City of For Collins.
Witness my hand and official seal.
q-l;z -aoao
arm
Notary Public
GRANTEE:
HLNTLNGTON HILLS, L.L.C. OF COLORaDO,
a Colorado Limited Liabilir-
By:
arcus . Palkowitsb, Manager
STATE OFCOLORADO )
COLNTY OF LARIMER ss.
The foregoing i=nun nt was acknowledged before me this day of
1999, by Marcus S. Palkowitsh, Manager of Huntington Hills, U.C. of
�r�A^h `SLTtt.
+mess MY d official seal.
NOTARY
V��ic510 G
Pusuc
DRAINAGE, UTII"ITY, LANDSCAPE & CONSTRUCTION EASEMENT
FROM CITY TO HUNTINGTONHILLS
A DRAINAGE, LTIISlY, LANDSCAPE k CONSTRUCTION EASEMENT LOCATED IN
SECTION 1, T6N. R69W OF THE SIXIH PRINCIPAL MERIDIAN COU ENT L LARAEIs.
STATE OF COLORADO; BEING MORE PARISCULARLy DESCRIBED AS F F LARD
COMMEYCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1. SAID POINT 3ELNG NLIRKED BY A #6 REBAR WM A 3Y.- ALUMU U1Ff CAP STAMPED PIS 17502; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION I TO HAVE AN ASSUMED BEARINO OF S89,M0SAID
'E, (BAST RID OF SAID
LINE BEING MARKED BY A A REBAR WITH A 3Y. " ALUMINUM CAP STAMPED PLS
'0123) VtiTTH ALL OTHER BEARINGS RELATIVE THERETO•
THENCE N00026:2"E. 250.19 FEET, ALONG THE NORTHSOTJTH CENTERLINE OF
SAID SECTION :, TO THE POINT OF BEGINNING.
TF—'NICE N0002632"E, 50.00 FEEL, ALONG THE NORTH -SOUTH CEN!'ERLO NE OF SAID
SECTION, 1.
TI' ENCE 589°04'S9"E, 139.24 FEET;
TIi'cw'CE 571°02'^5"E, 114.28 PEEP;
TT'LNCE SGO°38'2S'W, 122.35 FEET;
3:vC=_3S°0E:5"E,236.39c^,;
?'+t'=`(CE 532°26'C8"E, ?2716 FEET,
7HE JCE S75°55':3"E. 143.93 FEET;
TIi=NCE S57'18'36"E, 47.70 FE .;
THENCE 589°07:5'7, 163.93 FEET;
IFIE NCE N71°52 _3"E, 75.55FEET;
Tl-Z-WCE N86°45'45"E, 93.58 FEET;
THENCE S00°53'40"W, 68.66 FEET;
THENCE N89°06'20'"A, 352.37 FEET;
THENCE N57°18'36"W, 30.91 FEES;
-MNCE N75°55'13"W. 126.88 FEET;
Trt 7CE \ 89"04'59"W, 22656 FEET;
THENCE N00°55'Ol"E, 25.56 FEET;
THENCE N89°04'59"W, 287.05
Td'=NCE N00°26'32"E, 136.81 FEET;
TIL.'++NCE \ 89°33'28"W, 77.41 FEET;
THENCE N00°55'01"E, 23.01 FEET; -
TI'MNCE `i39°04'59"W, 115.29 FEET TO THE POINT OF BEGINNING.
TOT.�'..iRE a OF SAID DESCRIBID EASEMENT IS 1.66 ACRES MORE OR LESS AND
IS 3L3IEC7 TO ANY CONDITIONS, EASEMENTS, OR RIGHTS•OF.WAY OF RECORD
OR T:i4T NOW EXIST ON THE GROUND.
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Twenty -Three Dollars ($2,223.00) for the roadway improvements as described on Exhibit
"B-2". Said security deposit(s) shall be made in accordance with the criteria set forth in the
City's Storm Drainage Design Criteria and Construction Standards ("Criteria"). If, at any
time, the Developer fails to abide by the provisions of the approved final development plan
documents or the Criteria, notwithstanding any provisions contained in paragraph III.(J)
below to the contrary, the City may enter upon the Property for the purpose of making such
improvements and undertaking such activities as may be necessary to ensure that the
provisions of said plans and the Criteria are properly enforced. The City may apply such
portion of the security deposit(s) as may be necessary to pay all costs incurred by the City
in undertaking the administration, construction, and/or installation of the erosion control
measures required by said plans and the Criteria. In addition, the City shall have the
option to withhold building permits and certificates of occupancy, as stated in Paragraph
III.D below, as it deems necessary in order to ensure that the Developer installs and
maintains the erosion control measures throughout the buildout of this Development. The
cost of such work, together with associated bonding and security requirements, as
applicable, shall be paid by the Developer, Huntington Hills, and the City based on the cost
of the work for which each party is responsible as allocated on Exhibit "B-2" and paragraph
II.D.13 hereof.
b. The Developer shall submit to the City in accordance with the
approved Erosion Control Plan for this Development, a contractor working -level drawing
showing erosion control measures to be taken during construction and for any diversion
of stream flows in Fossil Creek. This additional plan as well as all additional erosion
control measures, Best Management Practices, and procedures shown on such plan must
be approved by the City of Fort Collins Erosion Control Inspector prior to commencing any
construction work in or near the Fossil Creek channel area.
3. Except as otherwise specifically provided herein, all on -site and off -
site storm drainage improvements, as shown on the approved final development plan
documents, shall be completed by the Developer in accordance with said final
development plan documents prior to the issuance of any certificate of occupancy for the
Development. Completion of improvements shall include the certification by a professional
engineer licensed in Colorado that the drainage facilities which serve the Development
have been constructed in conformance with said final development plan documents. Said
certification shall be submitted to the City at least two weeks prior to the date of issuance
of any certificate of occupancy for the Development.
4. The Developer shall be responsible for maintaining the structural
integrity and operational functions of all drainage facilities throughout the build -out of this
Development. If at any time following certification (as required pursuant to paragraph one
(1) above) of said drainage facilities and during the construction of structures and /or lots
within this Development the City deems that said drainage facilities no longer comply with
the approved plans, the Developer shall bring such facilities back up to the standards and
specifications as shown on the approved plans. Failure to maintain the structural integrity
and operational function of said drainage facilities following certification shall result in the
E
D�INAGZ, UTlL=, LAND C�
R& CONSTRUCTIONXASEM�
+�.ly i
FROM CITY TO HUNTINGTON HILLS
A DRAINAGE, UTILITY, LANDSCAPE & CONSTRUCTION BASEMENT
LOCATED IN SECTION 12, T6N, R69W OF TEE SMTE PRINCIPAL MERIDIAN
COUN` Y OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULAgI y
DESCRIBED AS FOLLOWS;
COMMENCING AT TEE NORTH QUARTER CORNER OF SAID SECTION 12,
SAID POINT BEING MARKED BY A A6 REBAR WITH A 3Y."
STA,ZWED PLS 17502; AND CONSIDERING THE NORTELINE L�M CAP
NORTHEAST QUARTER OF SAID SECTION 12 TO HAVE AN ASSU TEE
BEA-R'NG OF S89°06'20"E, (EAST END OF SAID LINE BEING MARKED BY A p6
REBAR WITS A 3Y" " ALUMINUM CAP STAMPED PLS 20123) WITS ALL OTHER
BEARINGS RELATIVE THERETO;
?HENCE S89°06'20"E, 1049.19 FEET, ALONG THE NORTH LINE OF THE
NOR-HEAST QUARTER OF SECTION 12, TO THE POINT OF BEGINNING.
F)rNCE CONTLNULNG ALONG SAID NORTH LINE 589°06 20"E, 50.92 3E::C3 S33`:?'OS"9, i3 7,64 FEET; FEET;
TI NCE S13'S3'<7'W, 156.08 FEET;
1HENCE S82'07'S8"W, 117.75 FEET;
THENCE S46'3446"W, I58.30 FEET;
HENCE S31 °02'43"E, 58.41 FEET;
THENCE S31'S9'18"W, 56.34 FEET;
THENCE S 16'!9'00"E, ! 17.93 FEET;
TI'lEl CE S73'41'00"W, 40.00 FEET;
THENCE N16019:0011W, 59.46 FEET;
THENCE N34°42'12"W, 44.88 FEET;
THENCE S8 7° 13'00"W, 88.36 FEET;
THENCE N5205T02"W, 53.92 FEET,
7-MNCE N46234'46"E, 372.79 FEET;
THENCE N82007'58"E, 99.91 FEET;
THMNCE N13'S3'57"E, 100.02 FEET;
THENCE N33'S 7'05"W, 150.26 FEET TO THE POINT OF BEGINNING;
IOTA— A.RE.a OF SAID DESCRIBED EASEDIPNT IS 1.18 ACRES MORE OR LESS
AND :S SUBJECT TO ANY CONDITIONS, PAS
OF RECORD OR ?HAT NOW EMT ON THE GROUND.OR RIGHTS -OF -WAY
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DRAINAGE
UTa1TY, LANDSCAPE & CONSTRUCTION EASEMENT
FROM CITY TO HVNTT.VGTON HILLS
A DRAINAGE, UTTLTIY, LANDSCAPE &
LOCATED IN SECONSTRUCTION EASEMENT
CTION 12, T6N, R69W OF THE SDaH pRINCTPAL MERIDIAN
COUNTY OF LARIMBI, STATE OF COLORADO; BEING MORE PARTICULARLI,
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12,
SAID POINT BEING MAR W BY A #6 REBAR WITH A 3%a'
STAMPED PLS 17502; AND CONSIDERING THE NORTH CAP
TIM
NORTHEAST QUARTER OF SAID SECTTON 12 TO HAVE AN ASSUMED
BEARLVG OF S8M6'20-E, (EAST END OF SAID LINE BEING MARRED BY A #6
REBAR WITH A 35. " ALUMINUM CAP STAMPED FLS 20123) WITH ALL OTHER
BEARINGS RELATIVE THERETO;
THENCE S32nlVl "E, 665,85 FEET TO THE POINT OF BEGINNING. THENCE S 19001'35"E, 38.84 FEET;
'HENCE S70058'25"W, 53.10 FEET;
MENC = ALONG A CURVE TO THE RIGHT RAVING A LENGTH OF 35.45 FEET,
A RADIUS OF 693.00 FEET, A CENTRAL ANGLE OF 2055'52", AND A CHORD
'NHICH BEARS N20.29.3I "W, 35.45 FEET;
7-IENCE N67°21'S8"E, 54.12 FEET TO THE POINT OF BEGINNING.
TOTAL -AREA OF SAID DESCRIBED EASEMENT IS 0.05 ACRES OR 1,984
SQUAB= FEET MORE OR LESS AND IS SUBJECT TO ANY CONDITIONS,
EASEb1-N-TS, OR RIGHTS -OF -WAY OF RECORD OR THAT NOW EXIST ON THE
GROUND.
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COA'SIM PARCEL
A PARCEL. LAND LOCATED
SDC;I; PRINCICIPAL MERIDIN SECTION I AND SECTION 12. T6N. R69W OF TIM
IAN; COUNTY OF MORE PARTICULARLY DESCRMEDASFOLLOW � STATE OF COL0RADO; BENG
COMMEINCZ`IG AT T$P SOUTB QUARTER CORNER OF SAID SECIION 1. SAD) FOWT
BEING MARKED -By A 06 REHAR WITH A 3-'/.' ALCM CAP STglgpD AM 17302;
11ND CONSIDERING THE SOUTHLWE
NG OF THE SOTTITfl?gST QUARTER OF SAIDPIZ SECTION
I TO HAVE AN ASSUMED BEARING OF TIM SOUTI MAST END OF
MARKED AP A B6 REHAR WITH AES.y,°� UMg]NM CAP STAUM PLS 201t3 WrM ALL
OTHER HEARINGS RIygTlyg
Q�TER OF SSAM SECTION 1 FEET ALONG TXE WEST LINE OF THE SOBS,
ilMNCE S89004'59°E,113.29 FEET;
ENCE S00.55'01"W, 2.3.01 FEET;
'He 'ICE S8903378"E, 77.41 FEET;
ThENCE S00°2672^W, 136.81 FEET;
THENCE S89°04'59°B 287.05 FEEL;
HENCE S00°55'01 "W, 25.50 FEET
-lEENCE SH9°04'S9'E, 226.56 ipE'r;
+ONCE 575.55'13'm 126.88 FEET;
'rM'ICE S57°1876"E, 53.76 FEET;
rsj S89°07'15"E 63.82 FEET;
=PENCS49°26'13"I; 25.84 PEES;
THENCE S89°0715"c, 86.25 FEET;
'•'T!JC_ SGO°ST45"W 57.89 ;
ThENCE S89°0708'E, 31.52 FEET;
T fitNCE S44°0700"E 1494 FEE7,
T".cNCE S00°53'00"W, 118.29 FEEET,
T?-INCH S45°53'00"W, 14.94 FEET;
CE N89°97'08' 69.82 FEET;
OF.=VCE S00°52'S2"W. 37.49 FFEi TO A POINT ON iT1E NORTHWESTERLY BOLRNDggy
OF II$ CITY Or FORT COLLINS FOSSIL CREEK CO
S467a46^W, 290.81 FEET ALONG SAID Np �]-P- LY HOUhD,1gY;
VH9'04'S9' 324.03 FEET;
TI-Z7CE N00.53.40"E, 62.66 PEST;
99°06'20nv 1766PFE.°'1';
2?�NCE S56°13'0S"W ]26.01 FEET;
THENCc N2H°4Y29"W 138.38 FEET TO THE BEGINNING OF A TANGENT
CONCAVE TO 'HE SOUTHWEST, HAVING A RADIUS OF 867.00 1•i:'PT' S CENTRAL
A.°NGLE OF H°00'49" AND ..kCHORD B AL
I --ONCE NORrVXESTERLY ALONG SAID EARS N32.42'S4"W 121.16 FEET;
'':lCE N36'43'iS-W, 295.58 FEETCURVE 121'26Fr.,
V L-INCE CS7sag. QL;.+ �rR OF SAID SCTION 12; PORT pN TYc NORTH LINE OF TMIE
POw-1 E 589°0a•a8"E :22.38 FEET ALONG THE NORTH LINE OF SAID BECKON 22 TO THE
POUT OF 9EGWhTNG.
TOTAL
SUB AREA OF SAM DESCRIBEPARCEL IS 11.34 ACRES MORE OR LESS AND IS
0 ANY C
THA-NO� "EMSi 0N'IHE GROUND. EMEINTS OR RIGHTS•OF•WAY OF RECORD OR
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EXHIBIT "B"
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1.30
'.'AF:aAFY :CNS-FI,'C-'CN=.35crAE�!'
r :IS AGR2MEN7.172CG anc entered into as of MeaEil�'. :ay of AE�,99,9 by and oeersen -�HE C:TY CF FCFT CCLL:NS, CCLCRACC, a ,Numidpy Corporation
hereinafter refedad 10 as 'the Granicr, and H[ NTWG I CN HILLS. L.LC. OF
C.^.tCRAcO, a G7lordod Limited Liability Cadtp% with an address of SW South C*ry
Street Susie sue, Ctmver, CO 80246, heroin fifer referred to as t-Q Grantee•.
w1TNESSETH,
%r and in cansidenWon of the mutual promises am 0cvenams merein �
and ttro sum of Ten olhrs t5T0.00), and other pcco arts valuscle oomederaihst .n Baird
paid cy :ta c nits* � :he 3raraor. the raatet arc acaptae., wminm s .
Ze Gmuncr mersby ?rarma. sau and 0onv«s n 3,e ;
Easement Arse jsa ry CQflZttveJOn eaa 1 on, cver, across am n c,a
oeated on certwt 'ands which are Situated n sts �-;N :f sort :Ans,
County of Lammer, Stara of Carorado, oeing mars `VfN cescnced :n r ,;crt xrt a ;s
RM"cAed hereto s" -"y MG rafarynw. Made a car.:terccf ';ns '_asQmsrt.Lta., :r `a
wose of =rsm=yq uhLty .Ines and =ossd
dt+Drovemer^s".:= :^orcvemems snag oe ns ailed ; rc ay -.
'me nat.-Iar ancscecicaconsSet.Crn:-'S- r.^.: rs:rng S,raQrs--_'ygcn
1 o. - , , = :rg �'C. .-'an 40, )e66-_ 2. 3e. card :.+ex -,,
Nc. '7ti��, pnsrsarg sevanreer. an- -_ ''a', lrsns,r -arc
wr'C.I 3r9 'igri 1 .^.ages e5.:!C;:reiv.:.;-es
:n 'iQ ;Mcas :^e Grantcr 3n-
As a «nation :c :me granting of .his 'emCcrary ccr9tr twcn ,asemert,
Grp covenants and agrees to nostere the :asemem area w a ,gue, xdvaracle with
As 04ginai tbndbon prior to the cdmtntenament of corTUMCion activities. In addtiCr;, any
001* d areas wW 7e resQGdsd 41 accordance with 3 seed sceonoaoor re'dewed and
aPorcved -'y t* Ys department Cf Park Pfanrirc.
e�kv�, ecr�v stry agrees ro 'raamn ry :1e rar, tor, is officers agents,
succusors and assigns hcm a➢cairns arc' Grams Masortacte ahom 3, fees and cc3M. fer sane wok
"g
sm4tcr
the Crarttee's use of ;me Easement, including me xn-ransmgoutcf
ra0 w' "r'auttererce .: nsmWcn, ceersaon
vmcva of ;morcvsmenM wi�an : e Easement, and agatim my
AMmanent damage a tna=asement Area or :ne Grantors :roparry, cr nrury to persons
aneng out If Or of =nnecow with the aeOviUeJ Of GiMtN on cr aticut ttte
'4�• 'mot rmaeuon small survive termination cr Easement
e>mseeon � Iris=asenrert in
ib Sz .vas
ar
aa-raanea wilt ,b a..
Apr � boa s static+ easement shall /tgriM upm NO wltr of rA
+ Jotww .IWL by the aPProOrute wtttaitlea or pepmpr �. 2000
4.
sasemerare COMM aid °9"t to eraRiso ire rigys grwyd by this
o SaRx s atrtt n a =WW So as to not unreasanawy interte e.0 Me tee and ft h pmpaAy.
N W MM 6 W N WWIl F.Iw wnand yaw*uowm eaehoenHsulfderiatils
ftW
b �aliQlMGlanktrhW=leditAg"o"too t "—_yd
Pratt to an At"oDlow Viand'is oorpoft Mel !D be hyMrt� d e f
CatlFarantlta7'daYd:�faiNOW.A.D.IWO b1 the GgCaatcldrteC%R&t
THE CITY OF FORT COLLINS,
Caawatlon �• a
Mayor------ _
AP?RCVS yS rC =CRM:
•n
Anistertt C,ty Att
HUNnNGTON HILLS, L.L.C. CF C0LOi ADO, a
Colorado Limited Liab ty Company
By .
a alkowh, Manager
I
STATE OF COlO %X )
COLW YOFL4MM }
4e'er Jam_ i_."d.i o .
cmmr
Coxnw smucz"ter
Flow err TO a2r==o?rz=
•r u'Ib ♦... • ♦ i1•Iq
Y• 11 •1. • •_p
trlAAS S72•KZ'$ CFal-ANMZ Mo 2'TSTIT� C%.i13! A
MUNC7lY7•• . Amm
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"DIL'S OF 91W FEE-- A ,iNMZ OP :7-U41- I A
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209m^ AND
LQU u Wsk 2.A'' 3AVWr T. :9V2C�0' QZii �P 33'01 �
JGD2CSGtTt sal 00.. • ,y �� �
AND
��. ' CW f A CII-- 6 �8: �3 t �� Q'�' @� l7f C6 gEB; A
EBAgs`F!aaa�"w FCiiBAL OMD
aro:'or�rmtiTop'G.
mraL Ate„} 7 UX =CZMM 1S Cit
�T WRZ Ca �FSS ANC $ 9DBJg� ro ,� AQp; a4 A121
aF �xY RECMD azsArv�w � L
withholding of the issuance of additional building permits and/ or certificates of occupancy
until such drainage facilities are repaired to the operational function and structural integrity
which was approved by the City.
5. All buildings within this development shall be graded to drain in the
configuration shown on the approved final development plan documents. In order to
ensure compliance with this standard requirement, the following additional requirement
shall be followed for all buildings:
Prior to the issuance of a certificate of occupancy for any building within this
Development, the Developer shall provide the City with certification that the
building has been graded correctly (including the grading of any minor
swales, if applicable); the Finished Floor Elevation for the building as
specified on the approved final development plan documents are correct and
in accordance with the approved final development plan documents; and the
minimum floor elevation for said building constructed on said lot has been
completed in accordance with the approved final development plan
documents. Said certification shall be completed by a Colorado licensed
professional engineer and shall be submitted to the City at least two (2)
weeks prior to the date of issuance of the desired certificate of occupancy.
6. Developer shall obtain the City's prior approval of any changes from
the approved final development plan documents in grade elevations and/or storm drainage
facility configuration that occur as a result of the construction of houses and/or
development of lots, whether by Developer or other parties. The City reserves the right to
withhold the issuance of building permits and certificates of occupancy for the
Development until the City has approved such changes as being acceptable for the safe
and efficient delivery of storm drainage water.
7. Developer is obligated to maintain all on -site storm drainage facilities
not accepted for maintenance by the City and all off -site storm drainage facilities not
accepted for maintenance by the City serving the Development and outside of the public
rights -of -way. The Developer shall be responsible for maintaining the water quality pond
identified on the plans as Water Quality Pond C and its outlet structures associated with
providing water quality protection from runoff generated from areas within the City's rights-
of-way-
D. Streets.
1. Fossil Creek Parkway Improvements Prior to receipt of any certificate
of occupancy for the Development, Developer shall install all of the improvements for
Fossil Creek Parkway as shown on the approved final development plan documents,
including, but not limited to, the street pavement, curb, gutter, sidewalks, and Pond C
improvements (the "Fossil Creek Parkway Improvements"), and the entire bridge structure,
including all structures associated with the bridge ("Fossil Creek Bridge"). The City will pay
9
iy
wi
_e
RCPT:' a 0099093383 10/28/1999 16:04:00 a ?AGES - ,y RODR."ERGER RECORDER, EARINCR COUNTY CO : "Et - 5z5•UO
[HUNTHEXCESMNT.WPO Rev.101101991 STATE 0Cc =&E _
+i.cu
GRANT OF EASEMENT ,',,��!/(
F EASEMENT is made Sd entered
1999. by land h�etween THE CITY OF ORThCOLLINS,r COL�Ot DOof Municipal Corporation ('the Grantor'), 300 LaPorte Avenue, Fort Collins. CO 80521. a,nd
Suite 435, Denver, CO 80246.
HUNTINGTON HILLS L.L.C. OF COLORADO, ('the Grantee'), $50 South Cherry Street,
W ITNESSETH:
1. In consideration of TEN Dollars ($10.00), the provisions hereof, and other
good and valuable consideration. the receipt and sufficiency of which are hereby
acknowledged, he Grantor has this date granted, bargained, conveyed, delivered,
transferred, and sold, and by these presents does grant, bargain, onvay, deliver, transfer
and sell, unto the Grantee and its successors and assigns a nonexclusive, perpetual
easement forinstallation, construction, maintenance, inspection, operation, replacement
and removal of utility lines and all underground or surface appurtenances thereto, upon,
under and across the property, more particulsOy described an Exhibit "4,% which is atteat'ed
hereto and incorporated herein by :his reference ('the Easemenr'). The utilities snail
induce but not be limited to utilities for the transmission of gas, electricity, caale, and
telephone (-the Utilities'). Such Utilities shall be installed substantiatly in accordance with
on
HBIa P-U.0.n Fang NO.7 Plan nd nNo.086 012,. (`,h Utility Plan,, consisting of 17 pages,
a Copy of which is on file In the offices of the Grantor and Grantee.
2, The Grantee shall have the right to construct, operate, repair, replace, inspect, remove and maintain the Utilities within the Easement The Grantee shall not'fy
the City of Fort Collins Engineering Department prior to performing construction,
maintenance, repair, replacement, removal or other work on or within the Easement.
Notwithstanding the foregoing, in cases of emergency repair, the Grantee shall notify the
Grantor as soon as reasonably practical.
3. After oompletionofthe initial instailaJonOfthe Utilities, the Grantee shall not
install any above ground fixtures or appurtenances without the prior written consent Of
Grantor, which consent snail not be unreasonably withheld by Grantor if the proposed
surface use does not unreasonably interfere with Grantor's intended use of the suface
area in question.
4. The Grantee shall have the right of ingress and egress to and from the
Easement Area by means of existing roads oroaths (whether public or private) located on the Grantors property, if any, or in the aosence of such roads, by such other routes as the
Grantor and Grantee shall agree, taking into consideration the minimiZation of damage to
the Grantors property.
0* bOHG a$4"`+
PO At Roos
R" ->�- CWl: wr Co a
T
5. The Grantor reserves the right to use the Easement Area for the Grantor's
municipal utility purposes. Including, without limitation, the installation, construction,
maintenance, inspection, operation, replacement and removal of electric utility lines and
all underground or surface appurtenances thereto, which utility purposes shall be
paramount in right to the rights conveyed herein by Grantor to Grantee. The Grantor
reserves the right to use the Easement Area for purposes that will not unreasonably
Interfere with the Grantee's full enjoyment of the rights granted herein.
S. The Grantee shall maintain its UHUHasinan entirely secure, safe and sanitary
condition. The Grantee shall repairthe Utlli within the Easement to ensure the Utilities
do not cause damage to persons or property and shall restore the Easement Area to its
condition priorto any construction, repair, or otherwork by Grantee in the EssementArea,
Promptly upon completion of such work. In the event damage has resulted from the
maintenance, operation or presence of the Utilities, Grantee agrees to make such repairs
or taste such other action as may be necessary to restore the area to its prior condition.
7. Grantee hereby agrees to indemnify the Grantor, its officers, agents,
employees, representatives, successors and assigns from all claims and liability, including
Grantors reasonable attorneys' fees and costs, for claims resulting from or arising out of
the Grantee's use of the Easement, including the construction. 'installation. operation,
repair, maintenance or removal of improvements within the Easement, and against any
permanent damage to the Easement Area or the Grantor's property, or Injury to persons
arising out of or in connection with the activities of Grantee on or about the Easement
Area.
8. This Agreement, and all the terms and conclMorsthereof, snallextenotoand
be binding upon the successors and assigns of the parties. The Grantee shall not assign
is rights under this Agreement without the prior written Consent of the Grantor except in
the event of Grantee's assignment to another governmental or quasi -governmental entity
which shall not require Grantors consent.
9. The Grantee agrees to record this Agreement, at its own expense, with the
Clerk and Reoorderof t-admerCounty, Colorado, and to furnish evidenceof such recording
to the Grantor. This Agreement shalt be recorded before any worst is commenced by the
Grantee within the Easement.
IN WETNESS WHEREOF, the parties have executed this Agreement the day and
yeas above written.
"1JC
4aA
4CilAPPRquED AS TO FORM
Assistant City AtU
STATE OF COLORADO )
as
COUNTY OF LARIMER )
GRANTOR:
THE CITY OF FORT COLLINS, COLORADO,
a Muniapal Cgrporat(on
Mayor
GRANTEE:
HUNTiNGTON HILLS LLC. OF COLORADO,
A Colorado Limited Liahwtw Company
MaftFs S. Palkowitsh, Manager
The foregoing instrument was acknowledged before me this L baY of
99_ by Marcus S. Palkowitsh, Manager of Huntington Hills L.L.C. of Colorado.
Witness my hand and offfcw seal.
MY Commission Expires:
4NctaP&u:66jj�C
a2:seza� Tr x
PACE as
.. FRObIC1Yy
COUNTY LOCAMM IN PCfN 12T6NRev/ OF THEFRRV� MAN � OFCOLORADO;
MORE PARTLARLYDESC MEWS; REIMC0>42aNC1NG AT THE NORTH QUARIER CORNER OF SAID SON 12, ST MM � 8Y A"RSRAR WIZH A W ALL&MATM CAP
NORMMAST QUARTER OF
_CONSMEMIG TIC,' _
BRARM OF Si (EAST RO SAID 112 B�� AN ASSUIDW
RMAR BEARINW �� MUM' GAP STAMPED PLS Z01]3)
MMWCE 9Z2.1432•E, 819,44 FEETTO TjMpO=OFBEGMWC
MMVM ALONG RADIUS A- CURVE TO.7= RGRT H ANVO A L lA OF 224 is
6J2 00 FlwT,.A CENTRAL ANGU OF :9'4TOO"
CBORD Wg1C$BEARS 50226'!rW 223.07M, •AND A
'�TII4C8 S1Z'17'J6•W, 18.94 FEgi;
'7�NC>;N73•a3'16"W,g,O•; FShc;
TT�lCEN32"IT36"=,18.31 FEt;1; .
A CS ALONG A CURVE TO nM LEFT ITAVING A Lz-meM OF 22I.08 FfibT,
RL9 OF 643.00 FBET, A C�VIRT. AN LE OF 19.42'00" AND A CB RD
Wi7IGS1EY,A1t;,� N022656"E, 21999 FEET;
Ti�st7Cg, "782•JJ'S6•$ 9.00 F1�81' TO 1T�'FOTHT OP BEGINNING.
TOTAL AREA. GF SAID DESCRIBED p IS 0.05 ACRES (2.171 S.F.)
MORB CIt LESS AND TS SUBJECT TO ANY COWDTTTONS, WMWf= OR
R1G8I$ OP -WAY OF RECORD OR THAT NOW Ts =ON T� gID�
2: 35AM
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