Loading...
HomeMy WebLinkAboutLANDMARK SUBDIVISION PUD - Filed OA-OTHER AGREEMENTS - 2003-12-11AGREEMENT This Agreement is made this card day of _A rif _ _, 1984, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (City), M. ROLLE WALKER, an individual, and LANDMARK APARTMENTS, LTD.. a Colorado Limited Partnership (Developer). WITNESSETH: WHEREAS, the Developer intends to develop that property known as the Landmark P.U.D. in the City of Fort Collins, Colorado; and WHEREAS, the Developer proposes to develop said property utilizing funds of the Department Housinq and Urban Development (H.U.D.); and WHEREAS, H.U.D. has required of the Developer that it obtain building permits from the City for all structures to be con- structed upon the subject property in advance of and as a con- dition of the Developer's receipt of a commitment from H.U.D. of funds for the development; and WHEREAS, the parties hereto desire, by this Agreement, to expedite the issuance of said building permits while, at the same time, protecting and insuring the City against potential breach by the Developer of City development requirements which would other- wise be controlled throuqh the issuance of said building permits. NOW, THEREFORE, in consideration of the promises of the parties and the terms and covenants of this Agreement and other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows: 1. The City hereby agrees to issue all building permits to the Developer for the Landmark Planned Unit Development in the City of Fort Collins in accordance with the plans and plat on file with the City at such time as requested to do so by the Developer, notwithstanding that City requirements in connection with the issuance of such building permits have not been met. The Developer, at the time of issuance of such permits, shall not be required to pay fees associated with building permits, but shall be required to pay such fees within ten (10) days of the issuance of the permits. EASEMENT AGREEMENT THIS AGREEMENT, made and entered into this, day of `%��� by and between Wind Trail Development Corporation -hereinafter referred to as "the Grantor" and M. Rolle Walker, hereinafter referred to as "the Grantee". WITNESSETH: That, for and in consideration of the mutual promises and covenants herein contained and the sum of $100.00 and other good and valuable consideration, in hand paid by the Grantee to the Grantor, the grantor has granted and conveyed, and by these presents doers grant and convey unto the Grantee, its successors and assigns, a non-exclusive permanent easement for the installation, construction, maintenance, inspection, operation, replacement or removal of an underground groundwater drainage system and appurtenances thereto, in, over, across and upon land situate in the County of Larimer, State of Colorado, described as follows, to -wit: DESCRIPTION OF A 7.00 FOOT WIDE PERMANENT UTILITY EASEMENT. A tract of land located in the Northwest quarter of Section 23, Township 7 North, Range 69 West, of the 6th P.M. of Larimer County, Colorado, being a portion of the Plat of Wind Trail Condominiums as recorded in Book 2112, Page 525, Records of said County, more particularly described as follows: Considering the West line of the Northwest quarter of said Section 23 as bearing North 00°00100" East and with all bearings contained herein relative thereto: Commencing at the Northwest corner of the said Plat of Wind Trail Condominiums; thence along the North line said Plat, South 89041100" East 883.70 feet to the westerly line, of an 80.00 foot wide drainage easement as shown on said Plat; thence South 10026'00" East 8.14 feet to the southerly line of an 8.00 foot wide utility easement as shown on said plat and the True Point of Beginning of this description; thence along said southerly line, North 89041100" West 235.59 feet; thence continuing along said southerly line 17.35 feet along the arc of a curve concave to the Northwest, having a central angle of 03036154", a radius of 275.00 feet, the chord of said curve bears South 66031111" West 17.35 feet; thence South 89041100" East 252.79 feet to the westerly line of said 80.00 foot wide drainage easement; thence along said westerly line North 10026100" West 7.13 feet to the True Point of Beginning. The above described tract contains 0.0392 acres or 1708 square feet and is subject to all easements and rights -of -way now existing or of record. Together with DESCRIPTION OF A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT. A tract of land located in the Northwest quarter of Section 23, Township 7 North, Range 69 West, of the 6th P.M. of Larimer County, Colorado, being a portion of the Plat of Wind Trail Condominiums as recorded in Book 2112, Page 525, Records of said County, more particularly described as follows: Pane 1 of 4 Considering the West line of the Northwest quarter of said Section 23 as bearing North 00000'00" East and with all bearings contained herein relative thereto: Commencing at the Northwest corner of the said Plat of Wind Trail Condominiums; thence along the North line said Plat, South 89041'00" East 883.70 feet to the westerly line of an 80.00 foot wide drainage easement: as shown on said Plat; thence South 10026100" East 15.27 feet to the southerly line of the afore described permanent easement and the True Point of Beginning of this description; thence along said southerly line, North 89041100" West 252.79 feet to the southerly line of said 8.00 foot wide utility easement as shown on said plat of Wind Trail Condominiums; thence along said southerly line 8.00 foot wide utility easement, and 31.13 feet along the arc of a curve concave to the North, having a central angle of 06029'11", a radius of 275.00 feet, the chord of said curve bears South 71034114" West 31.12 feet; thence South 89041'00" East 280.47 feet to said westerly line of said 80.00 wide drainage easement; thence along said westerly line, North 10026'00" East 10.16 feet to the True Point of Beginning. The above described tract contains 0.0610 acres or 2657 square feet and is subject to all easements and rights -of -way now existing or of record. (See attached sketch) For and in consideration of the mutual promises and covenants herein contained and by acceptance of the right-of-way, the Grantee agrees as follows: 1. That: said permanent easement shall not exceed 7.00 feet in width over and across the above described property, except that the Grantor does hereby grant and convey unto the Grantee, a temporary easement of an additional 10.00 feet over and across the above described property for purposes of construction of an underground groundwater drainage system. Said temporary easement shall terminate no later than February 22, 1986. 2. All trenches and excavations made in the laying or repairing of such underground underground groundwater drainage system shall be properly backfilled and as much of the original surface soils as possible shall be placed on top. All large gravel, stones and clods will be removed from the finished backfill. The Grantee will finish the backfill after normal settling of the soil, so that the use and enjoyment of said land by the Grantor shall be suitable for Grantor's intended purposes. The Grantee shall not use the property in such a manner as to prohibit the Grantor from utilizing the property for Grantor's own interests. The Grantee shall maintain the trench area and underground groundwater drainage system and be wholly responsible for all damages, real and personal, which may be caused by the installation, construction, maintenance, inspection, operation, replacement or removal and use of said underground groundwater drainage system. Both parties hereto mutually agree that all underground groundwater drainage system and appurtenances or other facilities constructed or installed at the Grantee's expense upon property owned by the Grantor shall remain the property of the Grantee and shall be removable at the option of the Grantee upon termination of the agreed service to or on said property, providing that such removal shall not alter or increase storm water drainage upon the Grantor's property. Paae 2 of 4 t The Grantor does hereby covenant and agree with the Grantee that the Grantor is lawfully seized and possessed of the real property above described, that the Grantor has a good and lawful right to convey said property or any part thereof and that the Grantor warrants the title thereto, subject to all existing restrictions and encumberances affecting the property. Whenever used herein the singular shall include the plural, the plural small include the singular, and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon the respective heirs, personal representatives, successors or assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Wind Trail Development Corporation Jack E. Trigg, President _ Suite 1515 ��iti� r✓�/iC G�=uu<<rn,��i��. Western Federal Savings Building 718 7th Street G r Denver, Colorado 80202 U �— - s7( "the Grantor" Hit�p/� M. Rolle Walker 1 ���� 911 South 8th St. Colorado Springs, Colorado 80906 �L. "the Grantee" STATE OF COLORADO) ss: COUNTY OF LARIMER) �/ The fo egoing instrument was a knowledg,ed before me this ,i ;"7ay as Grantor.0 My Commission Expires October 25, 1985 My commission expires: &U W. Oak Fort Collins, 00 80521 Witness my hand and official se " , of _Cy Publi STATE OF COLORADO) ss: COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this l day of C I ll CL1 s 6,- 19 ]�L by la f-) f-, It, L C ; i as Grantee. My commission expires: - J`/ _ Y G Witness my hand and official seal. Notary Public Paqe 3 of 4 SH/EGOS STREET NW COR. W/NO TRA/6 6ANDAL F OR/VE CONOOM/N/UMS 1 lu � i h SW COf 4ANOA4Ar.4r Ru.G2 I I \ m O/ d•03"36'S4" 1 R= 275' G= /735' Vn w \ O OZ d•OG•�t9'//" U RP= 275' L • 3/./3' I�. O N O S4W 0 v o. i. � h h P < J N n H- 2 NH k o 0 0 54 02 O n � w h �w w z c L OCAT/ON SKETCH Pang 4 of 4 t r >' .vr'9 V � ✓_ JU o ? z \J. 1 - 1 EXHIBIT "1" State of*,Colo:ra3o County of Lar;L•ner �r:.L. Harris,one of the owners of the follo::i1. dc:cribed diUlh, in eo:�!�liance :it': L:Fe requirenentS of ttic statute in Suah ease Fetldc ar;: provided herei:y -%Lyes t';is statement and_al.Fi:n to the priority -a[ use Hof, seepa;e,wsste lout spriltZ water:: arisinf on the ::ort11ea?t ti;_rLAr- of c'.ion V..-Cnt;-oiF" (:1),si:e theaSt carter of section sir-L•-^n (IFS) `-..d t;:_- :iuuthl.cr.t. .!u3rt-=r of Section fifteen Ili) all in Township _sove❑ _(7)-.2 omit Plan_;:�. di tY-'+inc ((39) fee -:t. for irritation of lands .tnd for uo:nestic une, to he iorTied in a_nd- throu,':_t:ie _iE.'.p•l;C _ ;lt^`t' ��u•^FiC7- o:lei--1'.lE 'C0.7h.w Ditche :u,lbera-Trio and �lre?_�lnd_t:+c,'. , liarri:7 Dr.in_a;F`1-Irri•:utin_. DALQlien, acoor:irt; 'to a map thereof on -file in the o1'1.i•rr of t!:c Cier!: �',! Recorder of Lari:aer County anti file nab hCre!0 'Mc :,a^Fe of said Ditch i : •THF. CU;iSULIDI:TiFW T(r:O:AUGH DITC!: h1L•Z is U;J: AeD 'PHE v.t.:iFa`i IRRIGATIUN Th^ ;le.:d ;.ae of Said diL,a1 is locate;: at a point 210 f.. *et South :: from Lhe i7ort.: e::t Qorncr of Seatiol: T2,3.7,N P. dJ :zest in the County of i.arimicr and State of Colorado froze whence -said dltoh rand in an Easterly Direation to a poi:lt gti6 feet sputh 250 1'olwest of. the gi.erter corner of seetiorF .fiftee:. (15) and tl;enty t.,o P1jt`l�nec in ,in Easterly direction to conneat %ri•th the F.Y. l2FlTYls- �rei;r�:d. `' Irri•:2Ai:- litAeS at a point \.i,ere the Northwest corner of se^tion 27" t;e:•rS .7orthF 30East 1790 feet,Ulenae in an f�stcrl••direction tbmur!t t!ic s:::id P.!:. Harris Drain and a. ?ho++a on the Sap and statement filed in the offi^_e of the CI^rk a:•d c tordLr of Lari•`:`�r :ou.:ay,a^d the .Sap ,;era to atte_ciFed. r� The. lent:th of said Con.:oliaateo ditches is about one and one harf :^iles. i^)e s,(id ditahez are two feet -•ide on the oottora and one and five, tenth; feet i:, depth a run on a grade pf t,*enty (2u) feet `tb tire' mile ivc--a- rarr."in� ^--pa?ity of six (0) aubi1 feet 01 'wYkt2r per s>-?ond of ti.-:e. :'1brY. c4 co'nnenaec or. ::.:ud :itah on the 1st day of Starah .D. 'ihe cxpre:.S. purpose •an�.' intcna of this statment ir, for the purpo::e of i::arca::i :; the flo-,. of :.::ter in t!i iorLau,^ ;ce, c llitah t:uai,er We,to it:.:ull Cdp;;.it)"cUL!,'l oree�_ :o he ic: t". us,- a.(.i bcc.efit of the alai_lant nerein. iu_'.,•i::areaae of wii.cr thr?., Cll::io feet or i:at^-r i)Cr ol tl-.e in ad2iticn to Shp lacuna heretofore tuned into,run throu,;h and used frola said d'ta'i. -------- -- ----------- State•of Colorado : ss County of Lariner ?ol li_1 U. Tenn'ey;bei:2- first :uly s orn,on -his oath da_ose:: a.:_ ,**:,: T::at :%e has read t,:e abcve and ?ora':oin stateTe::t a:il c::- .t eu^ined the map thereto aLtaahed,and that the :Rattars thersin set =. for's:l "re trim of his own kao:rled;e. /7 Sutiseribed a::,d sworn to befcr c !ae this (ith d.y of '.larch I..L. 1343. ::(u eo;nnissioa expires ;iay 3th 1392. { Notary Public. -�:.- � - I •= -�:�_.� -;tom. r v- . - � ,:�` No Text y �I OR n ri RESOLUTION 81-133 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS RELATIVE TO THE PRELIMINARY PLANS FOR THE LANDMARK PUD WHEREAS, on July 27, 1981, the Fort Collins Planning and Zoning Board approved (by a 5-2 vote) preliminary plans for the Landmark P.U.D.; and WHEREAS, on August 4, 1981, a written petition was filed with the City Clerk appealing the decision of the Planning and Zoning Board regarding the Landmark P.U.D. to the Fort Collins City Council; and WHEREAS, on Tuesday, September 1, 1981, the Fort Collins City Council conducted a public hearing regarding the preliminary plans of the Landmark P.U.D. at which time testimony was heard from both proponents and opponents of said development; and WHEREAS, the Council desires to make certain findings relative to said development. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council does hereby find and determine that the Landmark P.U.D. was eligible to be submitted to the Planning and Zoning Board for consideration and approval pursuant to the Land Development Guidance System. Section 2. That the City Council further finds and determines that the preliminary plans for the Landmark P.U.D. meet all conditions and criteria as set forth in the Land Development Guidance System except criterion e in the Density Chart for which a variance is hereby granted and absolute criterion # 2. Section 3. That to comply with absolute criterion # 2 the preliminary plans for Landmark P.U.D. be hereby approved with a maximum number of units not to exceed 120. Passed and adopted at a regular meeting of the City Council this 15th day of September, 1981. ayor ATTEST: ,ty er 2. It is understood and agreed by the parties hereto that the issuance of the aforesaid building permits is allowed by the City only for the purpose of satisfying requirements of the Department of Housing and Urban Development of the federal govern- ment which is involved in the financing of this planned unit development, and such issuance shall not entitle the Developer to proceed with development of the subject property unless and until all applicable City rules, regulations, resolutions, and ordi- nances relative to development of property within the City limits have been satisfied by the Developer, or the City has otherwise approved a specific plan and sequence of development of the prop- erty or a portion thereof. The City reserves the right to enforce proper development of the property in accordance with City requirements relative thereto, including the imposition of appropriate sanctions in accordance with the City Code to compel compliance. The Developer agrees to indemnify and hold harmless the City from any liability which may result from Developer's failure to develop the property in compliance with City development requirements, and the subse- quent imposition of sanctions by the City for such noncompliance. 3. It is further understood and agreed that the Developer shall not be entitled to Certificates of Occupancy until all utility, street, and other improvements as required by the City have been fully completed and accepted. 4. This Agreement shall inure to the benefit of the suc- cessors, assigns, personal representative, grantees, and heirs of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. ATTEST: ci •ler CITY 0F.FORT COLLINS By: -2- anager AGREEMENT THIS AGREEMENT made and entered into by and between ROBERT A. YOUNG and LYNN YOUNG, residing at 1601 Sheely Drive, Fort Collins, Colorado 80526 (hereinafter collectively called "Party of the First Part") and LANDMARK LIMITED, a Colorado partnership by and through its general partner, HERSH McGRAW, of 1027 W. Prospect, Fort Collins, (hereinafter called "Party of the Second Part") on the date below signed is as follows: WHEREAS, the Party of the First Part are landowners of approximately 5.00 acres lying within the W/2NF./4NW/4 of Section 23, Township 7N, Range 69W and the SW/4NE/4NE/4NW/4 of Section 23, Township 7N, Range 69W, commonly referred to as: 1601 Sheely Drive, Fort Collins, Colorado; and WHEREAS, the Party of the First Part owns water rights in the Tombough and R.B. Harris Drain, which water rights are diverted at the Young Sump and which water rights are supplied by water collected in the Tombough and B.B. Harris Drain and by water naturally -occurring in an unnamed slough in Sections 22 and 23, T7N, R69W, 6th P.M., which water right is presently being adjudicated in Water Division No. 1, State of Colorado, Case No. 81-CW-459; and which the Party of the First Part owns water rights in the Tombough Drain and B.B. Harris Drain described as the Consolidated Tombough Seepage Ditch No. 1 and the B.B. Harris Irrigation Ditch in a statement and map filed in the Office of the Colorado State Engineer on March 11, 1982 and is attached hereto as Exhibit "1". WHEREAS, the Party of the First Part uses water out of the Young Sump for irrigation purposes at 1601 Sheely Drive; and WHEREAS, water has been so used historically by the predecessors of the Party of the First Part for irrigation purposes; and WHEREAS, the Consolidated Tombough Seepage Ditch No. 1 and the R.B. Barris Irrigation Ditch traverses the property of the Party of the Second Part from west to east as marked on the attached map entitled "Landmark P.U.D. Overall Utility Plan, Job 89-2, Sheet No. 2 of 9" and for the purpose of this Agreement is marked as F,xhibit "2". Said indication noted as existing ground water drain "to be relocated"; and WHEREAS,. Party of the Second Part, Landmark Limited, is the owner of the property commonly referred to as 1027 W. Prospect, Fort Collins„ Colorado, desires to develop said property and has submitted to the City of Ft. Collins a plat filing entitled "Landmark P.U.D. Overall Utility Plan", and WHEREAS, said Development Plan proposes to relocate the location of said Consolidated Tombough Seepage Ditch No. I and the R.R. Ilarris Irrigation Ditch as indicated on the map marked Exhibit "2" to a location described as "proposed 12 inch P.V.C. SDR 35, ground water drain bed per san sewer bedding detail" with installation of a junction box connecting the existing drain ditch to the newly proposed and relocated drain as set forth on Landmark P.U.D. Overall Utility Plan, sheet 9 of 9, attached hereto. WHEREFORE, in consideration of the mutual covenants and promises made herein, it is agreed by and between the Party of the First Part and the Party of the Second Part that: 1. It has been proposed by the Party of the Second Part that said change in location be made as set forth on Exhibit "2" and it is mutually agreed by and between the parties that in consideration of the mutual covenants, the Party of the Second Part be allowed to relocate the existing Consolidated Tombough Seepage Ditch No. 1 and B.R. Harris Irrigation Ditch that crosses the property of the Party of the Second Part through the proposed location as set forth on Exhibit "2" with the installation of a junction box as set forth on Exhibit "3", at no expense to the Party of the First Part, and 2. The Party of the Second Part guarantees that the Party of the First Part will continue to receive water equal to or in greater quantity and quality than that which has been historically provided the Party of the First Part at the sump located on the property of the Party of the First Part, and 3. This obligation to construct, operate and maintain the relocation of the drain as it crosses the land of the Party of the Second Part shall run with the land and be an obligation of the heirs and assigns of the Party of the Second Part. This Agreement entered into this a NN day of I�GbY(4 1903. LANDMARK LIMITED By Ro ert A. Youn fersh McGraw Party of the Fi st P rt/ Party of the Second Part �v Ly Young Party of the First Part -2- STATE OF COLORADO ) COUNTY OF ) Subscribed and sworn to before me this,,Z�f/ day of 1983 by Hersh McGraw. Witness my Hand and Official Seal. My Commission expires: e, 2� zzL Notary Public STATE OF COLORADO ) COUNTY OF ) Subscribed and sworn to before me this day of 1983 by Robert A. Young. Witness my Hand and Official Seal. �:., !�� mien: n•� �'rj r� "�,�E nm�; �y �5� F.. �j My Commission expires: •� Notary ix�lic STATE OF COLORADO ) COUNTY OF ) Subscribed and sworn to before me this _�_ day of fE � 1983 by Lynn Young. Witness my Hand and Official Seal. My Commission expires: Notary lic -3- 0 AGREEMENT THIS AGREEMENT is made and entered into this 3.7fhday of June , 1983, by and between the City of Fort Collins, Colorado, a municipal corporation (City) and H. D. McGraw (Developer). WITNESSETH: WHEREAS, Developer is the owner of certain property located in the City of Fort Collins, which property is described as follows: Landmark P.U.D., located in the Northwest 1/4 of Section 23, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, Developer intends to sell, in whole or in part, for develop- ment as a residential Planned Unit Development the above described prop- erty; and WHEREAS, said property is located downstream of the storm drainage area of the City known as the "Canal Importation Area" and in the path of the proposed outlet for the Canal Importation Area; and WHEREAS, said property is accordingly subject to the requirements of the City with regard to the development of major storm drainage improve- ments for the Canal Importation Area; and WHEREAS, specifically, it is the intent of the City to construct a certain storm drainage channel over and across portions of the above described property; and WHEREAS, it is the purpose of this Agreement to set forth the inten- tions of the parties hereto with regard to the acquisition, construction, maintenance, payment and other details pertaining to the aforesaid channel. NOW, THEREFORE, for good and valuable consideration and upon the mutual promises of the parties hereto, it is agreed as follows: 1. It is understood and agreed that the above -mentioned storm drain- age channel across the Landmark P.U.D. property shall be constructed to completion on or before December 31, 1984, and that the Developer shall have the sole responsibility of completing said construction. Upon com- pletion and acceptance by the City of said storm drainage facilities, the City shall make payment or other adjustment in accordance with §93-11 and §93-12 of the Code of the City; provided, however, that if the applicable basin account of the Storm Drainage Fund contains insufficient funds to make payment of the total amount, the City shall pay such amount as is available and shall pay the balance upon accumulation of funds in said account lus 'interest at a rate of % anu p per annum. With respect to the foregoing payment obligations of the City, it is understood and agreed that the "cost" of construction and completion of storm drainage facilities shall include engineering design costs, right-of-way acquisition values, actual construction costs, and reasonable interest not to exceed ten percent (10%) per annum which interest shall commence upon the incurring of individual expenses by Developer. An estimate of the aforesaid costs is shown on Exhibit "A" attached hereto. No costs, other than those indicated above, shall be included in the cost of construction. 2. Upon completion of the improvements and acceptance thereof by the City together with payment therefor pursuant to 593-11 and §93-12 of the Code of the City, Developer shall convey, by deed of dedication, such land as is necessary for the operation, maintenance and repair of the aforesaid storm drainage channel. The City shall pay Developer for said right-of-way pursuant to paragraph 1 hereof as a cost of construction, based upon a stipulated value of $36,328.00 per acre. !PJ1 3. After completion of construction, acceptance by the City, and payment therefor by the City with dedication thereof to the City, City shall be fully responsible for the maintenance of the storm drainage facilities, including the trickle channel. Notwithstanding the foregoing, Developer shall continue to be responsible for the maintenance of all grass, shrubs and trees located upon the dedicated property and will irrigate, mow„ trim and otherwise maintain all green areas within the boundaries of the dedicated property, which property is described on Exhibit "B" attached hereto. 4. The Developer shall, pursuant to the terms of this Agreement complete all improvements and perform all other obligations as required herein, and the City may withhold such building permits and certificates of occupancy that it deems necessary to insure performance hereof. 5. This Agreement shall be binding upon the parties hereto, their successors, grantees, heirs, personal representatives, and assigns and shall be deemed to run with the real property above described. 6. Nothing herein contained shall be construed as a waiver of any requirements of the City Code, and the Developer agrees to comply with all requirements of the same, subject to the terms hereof and the Development Agreement (or Agreements) with regard to said property. IN WITNESS WHEREOF, this Agreement has been made and executed as of the day and year first above written. CITY OF FORT COLLINS a municipal corporation Ci Manager JAMFS R. DEPUTY G] . 191M ATTEST: 1 ty I��o� ' U 1 APP VED AS I'D FORM 7"Zt� Assistant City Attorney DEVELOPER G H. D. McGraw -4- EXHIBIT "A" Estimated Cost of Construction Item Quantity Unit Cost Amount 1. Rip -rap 594 C.Y. $ 15.00 $ 8,910.00 2. Rip -rap Bedding 795 S.Y. 2.75 2,158.75 3. 14-foot Spam Aluminum 240 L.F. 160.00 38,400.00 Pipe Arch Culvert 4. Paved Invert and Footings 4,800 S.F. 2.75 13,200.00 S. Cutoff Toe Nall 80 L.F. 9.25 740.00 6. Imported Fill 12,721 C.Y. 7.00 89,047.00 7. Right -of -Way 42,840 S.F. .83' 35.727.54 Sub -total $188,183.29 Less the Probable Cost of Alternative Detention: 8. 1.2 Ac-ft. Detention Pond 1,300 C.Y. 3.00 ( 3,900.00) 9. 15" Diameter R.C.P. 1,000 L.F. 22.00 (22,000.00) 10. 4' Standard Manhole 2 Each 1,000.00 ( 2,000.00) 11. 15" Diameter F.E.S. 2 Each 250.00 ( 500.00) 12. Detention Pond R.O.N. 14,520 S.F. .83* C12.109.531 Estimated Total City- Repayment $147,673.96 * $36,328.00 per acre EXHIBIT "B" LANDMARK P.U.D. DRAINAGE EASEMENT A 70.00 foot wide drainage easement situate in the NW 1/4 of Section 23, Township 7 North, Range 69 West, of the Sixth P.M., Larimer County, Colorado, and considering the West line of the NW 1/4 of said Section 23 as bearing N 000 06' 37" W and with all bearings contained herein relative thereto beginning at a point which bears S 000 06' 37" E - 512.53 feet and again S 89' 58' 47" E - 50.00 feet from the NW corner of said Section 23, thence S 890 58' 47" E - 612.07 feet to a point on the East line of the NW 1/4 of the NW 1/4 of the NW 1/4 of said Section 23, said point bearing N 000 O1' 18" {4 - 149.00 feet from the SE corner of the NW 1/4 of the NW 1/4, of the NW 1/4 of said Section 23, thence N 000 O1' 18" E, along said East line, a distance of 70.00 feet, thence N 89' 58' 47" W - 612.23 feet, thence S 000 06' 37" E - 70.00 feet to the point of beginning. Containing 42,850.50 square feet. APPROVtD AS TO FORM: l City Attorney DEVELOPER: Mitl+RQl !! !3cl+,i� LANDMARK APARTMENTS, LTD., a Colorado Limited Partn rship By:14-4�w General Partner -3- AGREEMENT THIS AGREEMENT is made and entered into this 027fhday of cTune, 1983, by and between the City of Fort Collins, Colorado, a municipal corporation (City) and H. D. McGraw (Developer). WITNESSETH: WHEREAS, Developer is the owner of certain property located in the City of Fort Collins, which property is described as follows: Landmark P.U.D., located in the Northwest 1/4 of Section 23, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, Developer intends to sell, in whole or in part, for develop- ment as a residential Planned Unit Development the above described prop- ' erty; and WHEREAS, said property is located downstream of the storm drainage area of the City known as the "Canal Importation Area" and in the path of the proposed outlet for the Canal Importation Area; and WHEREAS, said property is accordingly subject to the requirements of the City with regard to the development of major storm drainage improve- ments for the Canal Importation Area; and WHEREAS, specifically, it is the intent of the City to construct a certain storm drainage channel over and across portions of the above described property; and WHEREAS, it is the purpose of this Agreement to set forth the inten- tions of the parties hereto with regard to the acquisition, construction, maintenance, payment and other details pertaining to the aforesaid channel. NOW, THEREFORE, for good and valuable consideration and upon the mutual promises of the parties hereto, it is agreed as follows: 1. It is understood and agreed that the above -mentioned storm drain- age channel across the Landmark P.U.D. property shall be constructed to completion on or before December 31, 1984, and that the Developer shall have the sole responsibility of completing said construction. Upon com- pletion and acceptance by the City of said storm drainage facilities, the City shall make payment or other adjustment in accordance with §93-11 and §93-12 of the Code of the City; provided, however, that if the applicable basin account of the Storm Drainage Fund contains insufficient funds to make payment of the total amount, the City shall pay such amount as is available and shall pay the balance upon accumulation of funds in said /a % jJ 1�� account, plus interest at a rate of I206 per annu(n. With respect to the foregoing payment obligations of the City, it is understood and agreed that the "cost" of construction and completion of storm drainage facilities shall include engineering design costs, right-of-way acquisition values, actual construction costs, and reasonable interest not to exceed ten percent (10%) per annum which interest shall commence upon the incurring of individual expenses by Developer. An estimate of the aforesaid costs is shown on Exhibit "A" attached hereto. No costs, other than those indicated above, shall be included in the cost of construction. 2. Upon completion of the improvements and acceptance thereof by the City together with payment therefor pursuant to 593-11 and 593-12 of the Code of the City, Developer shall convey, by deed of dedication, such land as is necessary for the operation, maintenance and repair of the aforesaid storm drainage channel. The City shall pay Developer for said right-of-way pursuant to paragraph 1 hereof as a cost of construction, based upon a stipulated value of $36,328.00 per acre. -2- 3. After completion of construction, acceptance by the City, and payment therefor by the City with dedication thereof to the City, City shall be fully responsible for the maintenance of the storm drainage facilities, including the trickle channel. Notwithstanding the foregoing, Developer shall continue to be responsible for the maintenance of all grass, shrubs and trees located upon the dedicated property and will irrigate, mow, trim and otherwise maintain all green areas within the boundaries of the dedicated property, which property is described on Exhibit "B" attached hereto. 4. The Developer shall, pursuant to the terms of this Agreement complete all improvements and perform all other obligations as required herein, and the City may withhold such building permits and certificates of occupancy that it deems necessary to insure performance hereof. 5. This Agreement shall be binding upon the parties hereto, their successors, grantees, heirs, personal representatives, and assigns and shall be deemed to run with the real property above described. 6. Nothing herein contained shall be construed as a waiver of any requirements of the City Code, and the Developer agrees to comply with all requirements of the same, subject to the terms hereof and the Development Agreement (or Agreements) with regard to said property. IN WITNESS WHEREOF, this Agreement has been made and executed as of the day and year first above written. CITY OF FORT COLLINS a/mu]nicipal corporation City Manager -3- ATTEST: City Clerky� APPRO D AS TO FORM �G ss stant City Attorney DEVELOPER -4- ' C /1 McGraw ' Estimated Cost of Construction Item Quantity Unit Cost Amount 1. Rip -rap 594 C.Y. $ 15.00 $ 8,910.00 2. Rip -rap Bedding 795 S.Y. 2.75 2,158.75 3. 14-foot Span. Aluminum 240 L.F. 160.00 38,400.00 Pipe Arch Culvert 4. Paved Invert and Footings 4,800 S.F. 2.75 13,200.00 S. Cutoff Toe Wall 80 L.F. 9.25 740.00 6. Imported Fill 12,721 C.Y. 7.00 89,047.00 7. Right -of -Way 42,840 S.F. .83* 35,727.54 Sub -total $188,183.29 Less the Probable Cost of Alternative Detention: 8. 1.2 Ac-ft. Detention Pond 1,300 C.Y. 3.00 ( 3,900.00) 9. IS" Diameter R.C.P. 1,000 L.F. 22.00 (22,000.00) 10. 4' Standard Manhole 2 Each 1,000.00 ( 2,000.00) 11. 15" Diameter F.E.S. 2 Each 250.00 ( 500.00) 12. Detention Pond R.O.W. 14,520 S.F. .83* (12.109.33) Estimated Total City Repayment $147,673.96 * $36,328.00 per acre EXHIBIT "B" LANDMARK P.U.D. DRAINAGE EASEMENT A 70.00 foot wide drainage easement situate in the NW 1/4 of Section 23, Township 7 North, Range 69 West, of the Sixth P.M., Larimer County, Colorado, and considering the {Vest line of the NW 1/4 of said Section 23 as bearing N 000 06' 37" W and with all bearings contained herein relative thereto beginning at a point which bears S 00' 06' 37" E - 512.53 feet and again S 89' 58' 47" E - 50.00 feet from the NW corner of said Section 23, thence S 890 58' 47" E - 612.07 feet to a point on the East line of the NW 1/4 of the NW 1/4 of the NW 1/4 of said Section 23, said point bearing N 000 01' 18" W - 149.00 feet from the SE corner of the NW 1/4 of the NW 1/4, of the NW 1/4 of said Section 23, thence N 000 Ol' 18" E, along said East line, a distance of 70.00 feet, thence N 890 58' 47" W - 612.23 feet, thence S 000 06' 37" E - 70.00 feet to the point of beginning. Containing 42,850.50 square feet.