HomeMy WebLinkAboutFOSSIL LAKE PUD SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2004-06-14RCk"1'IJ # 2001056411 l 11/Z0ui 14:33:UU ; ?AGES
M HUUENbLH(G ;R REC01,'I)hR, LARiMER COUNTY `�:U STATE UUl_ h' h - $. UO
SUBDIVISION DEVELOPMENT AGREEMENT
Relating to Developer's Obligations in
FOSSIL LAKE P.U.D., SECOND FILING
THIS AGREEMENT is made this jday of _, 20
by and between the Board of County Commissioners of La i r County, Colorado
(`('ounty" ), and Everline, LLC, A Colorado Limited Liability C� parry, of 3030 South
College Avenue, Fort Collins, Colorado 80525 ("Developer").
WI IF,REAS, Larimer County has approved the master plan and preliminary plat
of Fossil Lake Planned unit Development ("PUD") by Findings and Resolution adopted
and dated June 23. 1998; and
WHEREAS, Developer has submitted to the County for approval, execution and
recordation a final subdivision plat for Fossil Lake PUD, Second Filing ("Second
Filing"); and
WHEREAS, Developer is the owner of the property included within the Second
1'ilin�- more particularly described on Exhibit `B" attached hereto; and
WHEREAS, Developer desires to develop the PUD using a defined set ol'
mprovements, and
WHEREAS, Count)' has considered the final subdivision plat, the proposed
development and improvements to the land therein, and the requirements to be imposed
upon the Iend and properties by reason of the proposed development and improvement of
the land included in the final subdivision plat, and
WHEREAS, IEREAS, County is willing to approve, execute and accept for recordation said
Plat upon the agreement of the Developer to construct and install the improvements
related to the Second Filing as herein described; and
WHEREAS, County and Developer mutually acknowledge the existence of and
support the principles and intent set forth in the Fossil Creek Reservoir Area Plan,
adopted by the City of Fort Collins City Council on March 17, 1998, and by the Latimer
County Planning Commission on March 25, 1998; and in the Intergovernmental
- Agreement for the Fort Collins Urban Growth Area, adopted on May 5, 1998, by both the
('barman of the Larimer County Board of Commissioners and the Mayor of the City of
Fort Collins, and
WHEREAS, County and Developer mutually acknowledge and agree that the
matters hereinafter set forth are reasonable conditions and requirements to be imposed by
the County in connection with its approval, execution and acceptance for recordation of
0
mailing the same certified mail to the address stated herein. Said notice shall designate
the dale, time and place the Board of County Commissioners will conduct a hearing to
consider vacation of the plat. Said hearing shall be not less than thirty i 30) nor more than
11
sixty (oo) days from the date of the notice.
(c) Proceed in the manner described in the Latimer County Subdivision
Resolution or Colorado State Statutes for a violation of the state or local subdivision
regulations, including withholding building permits.
19. Infrastructure Maintenance:
a) Larimcr County and the City have agreed in the intergovernmental
Aarccment Rrr the Foil Collins Urban Growth Area ("Intergovemmental Agreement")
[hat the ('itV will assume routine maintenance and inspection of,public improvements.
h) tJpon the expiration of the warranty (2 years from the date of final
acceptance of coral, -)tenon of each construction infrastructure category of improvement
and in accordance with 1117 of this Development Agreement), the maintenance of the
public improvcmcnts identified in the approved utility plans shall be the responsibility of
the City of fort Collins, in accordance with the Intergovenmuental Agreement. If the
City fails or refuses to perform its inspection or maintenance obligation, the County
agrees that it will cooperate with the Developer to compel performance by the City of its
maintenance and inspection obligations in connection with this development.
20. Issuance of Buildin _Permits:
(a) For the purposes of this Agreement, `Building Permit" shall mean any
permit to begin work to construct a building on the site, including pen -nits for footings
and foundations. Unless otherwise described, the Developer acknowledges and agrees
that Building Pcmnits for individual lots shall only be issued after installation of water
and sewer facilities, successful inspection of subgrade, application and inspection of
aggregate road base surfacing, as well as any necessary stone drainage or detention
facilities, and drainage improvements, immediately adjacent to the lot for which a
Building permit is sought. L,arimer County may restrict the issuance of building permits
or Certificates of Occupancy if construction is not in compliance with an approved
schedule, to be agreed upon by the Developer and the County. Furthermore, the Latimer
County Planning Director may adjust the number of permits allowed in Paragraph 10 if,
in the sole discretion of the Director, additional permits could be allowed,
21. Periodic Review:
Larimcr County may conduct periodic reviews of the status of the development,
which is the subject of this Agreement, said review to occur at least annually.
10
22. Transfer of Property:
This Agreement is intended to provide for the orderly construction of structures
and other improvements on the property. Those owners of the property or any portion
thereof who obtain title subsequent to date hereof, or persons holding under Developer or
subsequent owners, shall comply with the terms hereof and the County and any successor
town m city may enforce this Agreement against such subsequent owners and those
holding under their, 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 terns and
conditions of this Ain -cement occurring after the date of anv such transfer of interest. hi
such event, the succeeding property owner shall be bound by the terms of this
Agreement.
23. Notation and Recordation:
The Developer shall note on the final subdivision plat, as a plat note, the existence
of this Agreement by reference to Reception Number and Film Number as recorded by
the I-alhi]er County Clerk and Recorder. The Developer shall note on the final
subdivision plat the body responsible for maintenance of roads or other public facilities.
Thu Developer shall file for recording with the Larimer County Clerk and Recorder this
Subdivision Development Agreement, deeds and/or any other documents required as part
of thr approval by the Board of County Commissioners of the above referenced PUD.
IN WITNESS WHEREOF
Q( day of
OWNER -DEVELOPER:
the parties have hereunto set their hands and seals this
20N_ .
EVERI,INE, LLC, A Colorado Limited Liability Company
BY: Do , .o Corporation
David weritI, President
STA'I G OF COMRADO
) ss.
COUNTY NTY M LARt MF,R
'I lie foregoing HIStrument Was acknowledged before me this��Q�.,�day of
20 61 by /l u ccQ - - a5_ -
Notary Public
Witness my hand and official seal.
My Commission I-,xpires: % O/
LARIMER COUNTY:
LARIMER COUNTY BOARD
OF COUNTY COMI SSIONE/RS AZT:
Chair to the Hoard Deputy Clerk
STATE OF COLORADO
ss.
COUNTY OF LARIMER )
The foregoing ins rament was acknowledged before me this `—� day of
2() b a��.• , r as a; 2_ - of
--L21> IY _. .. T _.
official Seal.
Notary Public
12
EXHIBIT A
�1
PROPVRTY DESCRIPTION
Fossil Lukc PUD First Filing
North Property
A purccl of iuud bciog ptut of the West Half (W 1/2) of Section Nuie (9), and part of the
Northwest Quuter CNW I/4) of Section Sixteen (16), all in Township Six North (T.61N,), Range
Sixty-eiokt West (R.68 W.) of the Sixth Principal Meridian (6th P.,M.), County of Larirncr, Statc
of Colorado and boing more =nculeriy described as follows
BEGINNING at the Wcst QQ_,_,er Corner of said Section 9 and assuming the West lint of the
Northwest Quancr CNW I /4) ofsaid Suction 9 as N:'.uirtg North 00`00'10" Wcst (Rcc. North
00,0232" Est) a dis"a[cc of 2643.82 feet with all other bearings' contained herein relative
thereto;
THENCE Ncrtn 00°00'l0' West along said West line a distance of 1869.44 feet (Itcc_ North
00°02'32" Last, 186249 fceQ to the Southwest Comer of the parcel of land recorded as
Reception Number 93070s98 of u c records of the Larimcr County Cle:k and Recorder (LCCR),
THENCE South S7°59'40" East (Res. Noun 87°5T07" 'West) clung the South line of the
,foresaid parccl of land a dis=cc of 33.02 feet:
T`HLNCE Suu[ft 00"00'10" mast a distance of489.05 feet to a Point of Curvature (P();
THENCE along tric Arc of a Lmtit which is concave to tts Northeast a distance of 23.56 feet
who>c R"ll", k 15.00 fxt, -,,host Delta is 90°00TY, and whose Long Chord bc=s South
45'00'10" hz-t a distance of 2 L21 feet to the Point of Tangency:
T:-iENCL. NoNi ST'59'50" tact a d,:,utacc of 581 00 fe<t to a F,_
TiIENCE along due A:c of a cave which is concave to the South a distance of 35.12 feet, whose
Radi,re is 268.50 feet, whose D<av: is 0729'41% yid whose Long Chord bears South F6015'20"
Lrst a distance of 35.] 0 IeeC
THENCE North 07°29'3 i" Enst along a line radial to the aforesaid curve a distance of 155.69
feet;
THL°NCE South 60"02'33" hzzt a distance of 942.93 feel;
T1' NCE North 29°57'27" East a distance of 11.25 feet;
THENCE South 60002'33" East a distance of 98.85 feet:
'I HENCE South 29°57'27" West a distance of 191.75 feet;
T HENCE South 60°02'33" Est a distance of 16.00 feet;
THLNCL South 29°57'27" Wes a distance of 342.00 feet;
THENCE South 6VOT33" Last a distance of 398.77 feet;
T_u-iENCE South 01 °54'47" Nct a distance of 110.07 feet to the Northerly line of that parcel of
that land is recorded Octobcr 19, 1994 as Reception Number 94085271 of the records of the
LCCR;
Thence along the North said West line of the aforesaid parcel of land by the following Two (2)
counts and distances:
THENCE North 88°0S'l4" Resr (Rcc. South 88°02'40" Dam) a distance of 27Z16 feet;
THENCE South 00°00'42" Wet'. a distance of 2S2.47 feet (Rec. North 00003'151' East. 282.47
foci) to the Northwest Comcr of that P=cl of Innd as recorded April 17, 1991 as Reception
Number 91C i 5652 of the retools of the LCCR;
T}7"FNCF. .South 51 °30'5I" Ease along the Westerly fine of the aforesaid parcel of laid a distmsc
c f 561.47 feet (Rcc. North 51 `28' 1 8" Nest 561.47 feet) to the Northwesterly Comer of that
narcnl of lard _ rccordcd if:: I5, 1992 as Rcccption Number 92033792 of the r ),ds of ll;c
LC'CR;
i nrec alon3 the AVeemrly li^c o,f to aforesaid parcel of land b} the following Two (2) counee
and cl st-uu=
THc:,dCE South OU°00'42" \S cs a dis�:nce of 103:.88 feet (R��. North 00°03'15" East, 1033.S8
1'iFNCF bouth 50"i0'08" Past a distance of248.66 feet (Rec. North 50"37'35" West, 258,87
£ect) to the Nonhweste:ly rnt of that parcel of that land as recorded August 1, 1903 in Book IN
on Pagc 261 cf too records of the LCCR;
Thence along the Northwesterly and 'Westerly line of the aforesaid parcel of land by the
following Six (6) courses and distance:
Property Description (continued)
Fossil take Pill) First Filing
THENCE North 89"40'00" Wcd (Rcc. North 89040' Wcat) a distance of 7.98 feet;
THENCE South 07°25'00" Wcsla dislenoc of 185.00 feet (Rec. South 0725' West, 185 feet);
THENCE South 32°40'00" Fast a dis:ancc of 138.00 feet (Rcc. South 32°40' least, 138 feet);
TtL^NCE South 14°00'00" Wcsi. a distant -of 170,00 feet (Rcc. South 14°00' West. --70 fee[).
THENCE South C1°30'00" Wcsia disuncc a! -12.00 feat (Rcc. South 04c30' Wcst, 212 fcct),
THENCE Souh 01°i 0'00" Wassa distance of 253.25 feet (Rec. South 01'10' West, 283 feet to
the South line of the Southwest Quarter (SW I/4) of said Section, 9;
1Ili NCE South 88`06'3 7" East alone said South lint a distance of 18.06 feet to the
Norther terly Corner of that parcel of 1 nd described as being car: of the NW I/4 of Scction ; ti
and described in thro document as recorded Vay 5, 1997 as Reception Number 97027822 of Cce
records of the LCCR;
Tbencc along true Ee icrly and Southerly Lou: of the aforesaid parcel of land by tae Iollowmg
Fnurtceo (14) courses and distances:
THENCE Soadi 66° 11"Y Wes: a distatce of 139,18 feet (Rea North 66*57' Ens: 155 feet);
THENCE South 89"07'33" Wcs': a distance of 291.00 feet (Rcc. North 89053' Fzst, 291 feet);
THENCE South 67°0:'33" Wcs, a ds nee of 399.00 feet (Rec. Noah 69°4T La 399 fca);
TIIIENCE South 23`00'33" Wcst a distance cF225.00 feet (Rcc. North 23°46' Las., 225 feet);
THENCE South I 1"! 527" East a disLracc of v 1.00 fcc: (Rcc Noah I0`30' Wcst, 231 tcct):
THENCE South 77"28'27" East a distance of 230.00 fee: (Rea North 32`4}' West, 230 feed;
-1i IENCE South 66`!0'27" East a distance of 290.00 feet (Rcc. North 65<5' Wcst, 290 fcctl,
TIlENCE South 79" 15'27" East a distance of 202.00 feet (Rec. North 78°28' West, 202 feet;;
THENCE South 0_:"N'27" East a distance of 154,00 feet (Rcc. North 02'16' Wes;, 154 foci);
CEIENCE South 27°56' 33" Wc, a dial=, c of -,16.00 .`cot (Rcc. North 28142' East, 316 fcct);
THENCE Nottu G7`51'-,7" West a dis'',utcc of 242.00 feet (Rcc. South 6706' East, 242 feet);
T1IENCENo, di 81"37'27" West a distaricc of 489.00 12ott (Rec. South 80°52' Est, 489 fact);
T-HENCE Nor4: 60°58'27" West a dis:anee of 301.00 feet (Rcc. South 60"i Y Last, 301 feet);
T11BNCL North 66" 16'27" West a distance of 701.00 feet (Rec. South 65"31" east, 701 feel) to
the West line of the NWI/4 ofsaid Scction 16;
TI?IiNCE Noah 00" 14'33" East along the West line of said N'W I/4 a dirt oce or 892.00 feet
(Rcc South 01000' Wcst, 892 feet) to the Neni_tivcst Conic, of said Sectiou 16, also being the
Southwest Comer of said Section 9;
THENCE North W0750" East along the Wcs; hoc of the Southwest Quarter (S W I/4) of said
Scction 9 a distmtce of 2645.83 feet to the POI: f OF BEGIN EqG.
Said dcscri'ocd parcel of i_td contairvs 199.545 Aacs, more or loss (=) and is sub cct to ny
nehts-oif way cr other easements as granted or roscv:cd by imstruments ofsecord or as now
cyisung on said described parcel of land_
EXHIBIT B
PROPERTY DESCRIPTION
Fossil Lake P.U.D., Second Filing
A parcel of laud being part of the Northwest Quarter (NE I/4) Section Ninc (9), "Township Six North
(T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6[h P.M.), County of
Larima, State of Colorado and being more particularly described as follows:
BEGINNING al the West Quarter Corncr ofsaid Section 9 and assuming the West line of said
NW I/4 as bearing North 00000'10" West a distance of2643.82 feet with all other bearings contained
herein relative thcrcto:
TI IENCB North 00°00' 10" West along said West line a distance of 1869.44 feel to tide Southwest
Corner of [hat parcel of ]and as recorded September 23, 1993 as Reception Number 93070898 of the
records of the LCCR;
Tf IENCE South 8759'40" East along said Southerly line a dislauce of 33.02 feet to the fastcrly ROW
line of Larimcr County Road 119 (LCRI/9). Said point bcing the TRUE POINT OF BEGINNING.
Said point bcing ou the Northerly lint of Fossil Lake PUD first Piling (TL)UDFF) as recorded Junc 7,
1999 as Reception Number 99049835 of the records of the Larimcr County Clerk and Recorder
(LCCR):
Thence along the Southerly and Easterly line of the aforesaid parcel of land by the following 1\vo (2)
courses and distances:
TI IENCE continuing South 87°59'40" East a distance of'999.78 fce[;
TIiENCE North 02°00'20" East a distance of 773.91 feet to the Northeast Corncr of [hc aforesaid
parcel of land. Said point bcing on the Northerly lint of said N W I/4;
TI IENCE South 87 °59'40" East along the North line of said NWI/4 a distance of 1599,47 Iccl to [he
North Quarter Corncr of said Section 9;
THENCE South 00°00'42" West along the East line of said NE I/4 it distance of 2357.03 feel to the
Northeast Corner of that parcel of land as recorded October 19, 1994 as Reception Number
94085271 of the records of the LCCR;
TI IENCE Not 88'05' 14" West along said Northerly line a distance of 975.49 feel to the East lice of
Fossil Lake PUD Firsl filing (FL)UDFF) as recorded June 7, 1999 as Reception Number 99049835
of the records of the Larimcr County Clerk and Recorder (LCCR):
Thence along the Easterly and Northerly line ofsaid FLPUDFF by the 1'0llowing't\vclve ( 12) courses
and distances:
THENCE North 01 °54'47" East a distance of 110.07 feet;
THENCE North 60°02'33' West a distance of 398.77 feet;
THEME North 29°57'27" East a distance of 342.00 feet;
THENCE North 60°02'33" West a distance of 16.00 feet;
THENCE North 29°57'27" Last a distance of 191.75 feet;
Ti IENCE North 60°02'33" West a distance of 98.85 feet;
TIIENCE South 29°57'27" West a distance of 11.25 feel;
THENCE North 60°02'33" West a clistance of 942.93 feet;
THENCE South 07"29'31 " West a distance of 155.69 feel to the Northerly ROW line of Shallow
Pond Drive and being the beginning point of a curve. The aforesaid line bcing radial to said curve;
'I hence along said Northerly ROW line by the following Three (3) courses and distances:
THENCE along the Are of a curve which is concave to the South a distance of 35. 12 feet, whose
Radius is 268.50 feet, whosc Delta is 07°29'41 ", and whose Long Chord bears Not 86° 15'20" West
a distance of35.10 feet to the 1'oittt ofTangcncy
Il IENCE South 89°59'50" West a distance of 581,60 feet to a PC:
I'I IENCE along the Are of a curve which is concave to the Northeast a distance of 23.56 feet, whose
Radius is 15.00 feet, whose Delta is 90°00'00", and whose Long Chord bears North 451,00' 10" 1Vest
a distance of21.21 I'm to the Point ofTangcncy (PT) and bcing a point on the Easlcrly ROW line of
said L0019;
THENCE North 00°00'l0" West along said Easterly ROW line a distance of489.05 feet the TRUE
POINT OF BEGINNING.
Page I oft
Property Description (continued)
Said described parcel of land contains 88.119 Acres, more or less (-1) and is subject to any rigbts-of-
way or other casements as granted or reserved by instruments of record or as now existing on said
described parcel of kind.
SURVEYOR'S CERTIFICATE
1, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is true and
correct to the best of my knowledge, information, belief, and in my professional opinion.
Colorado Reg
Land Surveyor 1!
ICING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970)686-5011
Project Number: 95358
(Pile: bndry-a.txt)
Page 2 of 2
(.Ianutuy 20, 2000)
EXHIBIT C
PROPERTY DESCRIPTION
Fossil Lake P.U.D., First Filing, South Property
A parcel of land beine par, of the Northe st Quarter (NEI/4) of Section Twenty (20), Township
Six North ('f.61 .), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.),
County of Larime., Statc of Colorado and being more particularly described as follows:
BEGIN'tiTNG at the 1Jcrthcast Comer of said Scctioa 20 and assuming the East line of said
NE 1/4 s bearing Soot,: 01 °43'04" East a distance of 2662.69 feet with all other bearings
contained heroin relat:.ve thereto_
THENCE South 01 °43'04" East along said East line a distance of 2662.69 feet to the East
Quarter Corner of said Station 20;
THENCE South 872414" West along the South line of said NEI/4 a distance of 2374.74 feet to
fl1e Southeast Corner of that parcel of land as described as the exception for a reservoir site and
right-of-',iav for ditch anaountir.a to 24 acres in Book 1124 on Pe c 207 as recorded Septemhcr
7, 1960 in the records of the Larimor County Clerk and Recorder (LCCR);
Thence long the Easterly and Southerly' lines of the aforesaid pa:-ccl of land by the followdng Fivc
(5) courses and distances:
THENCE North 38°26'46" West a distance of 329.49 feet;
"THENCE North 02' 11'46" West a distance of 1502.00 feet;
THENCE South 81'41'46" East a distance of 370.00 feet;
THENCE North 69°44' 14" East a distance of 429.00 feet;
THENCE North 12°09'14" East a distance of 859.00 feet to the North line of said NE1/4;
THENCE North 87'19'02" East along said North line a dis`ancc of 1607.25 fcct to the POINT
OF BEGINNTNG.
Said described parcel of land contains 138,884 Acres, more or Icss (-) and is subject to any
rights of* or other c:scments as granted or reserved by instruments of record or as now
existing on said 6-scribed parcel of land.
EXHIBIT D
FOSSIL LAKE P.U.D., SECOND FILING
CONSTRUCTION INFRASTRUCTURE IMPROVEMENTS
Earthwork
1 ) CLEAR AND GRUB
2) STRIP & PLACE (Ph. 1&2)
3) CUTfFILL (Ph. 1&2)
4) REPLACE DIRT BORROWED FOR FILING 1
o) STOCKPILE EXCESS DIRT FOR SWIFT
e) ROLLOVER C & G PREP. (t.1IFt)
7) VERTICAL C & G PREP. (t.1/Ft)
e) 4.5' WALK PREP. (t.11Ft)
9) 5' WALK PREP. (t.1/Ft)
10) STREET SUBGRADE PREP. (t.17F1)
11) SHAPE & GRADE (Lots) (t.3/Ft)
8anittry Btwtr
1 f TIE -INTO EX. MANHOLE
�) 6" PVC SEWER MAIN
s) 48" DIA. MANHOLE
4) 4" SEWER SERVICE
e > FINAL ADJUST MANHOLE
Watqr Will
1) TIE -INTO EXISTING STUB -OUT
2) 8" PVC H2o MAIN
3 l 8" GATE VALVE
4) 3/4" 112o SERVICE & CURB STOP
o) 5' FIRE HYDRANT A'SSY. (GV,T & BI-)
e) RELOCATE EX. TEMP. HYDRANT
)) TEMPORARY HYDRANT ASSY. (GV)
e) FINAL ADJUST VALVE BOX
Storm Drafnaae
20" x 45" CLASS 3 H.E.R.C.P,
2) 20" x 45" HERCP F.E.S.
3) TYPE L RIPRAP
4 1 WATER QAULITY INLET
CONCRETE ENCASEMENT RCP
e i CONCRETE OVERFLOW WEIR
Pape 2 or 11
AusnIN
gall
LnitCoil
TstolUp]
1
LS
$2,600,00
$2,500.00
31,000
CY
$0.95
$29,460,00
38,465
CY
$1.45
$52,874.25
20,070
CY
$1,45
529,101.50
24,683
CY
$1.00
$24,883.00
7,502
LF
$1.50
$11.253.00
5,975
LF
$1,50
$8,962.50
11,777
LF
$1.50
$17,665.50
1,700
LF
$1.50
$2,550.00
25,363
SY
$0.60
$15,217.60
1
LS
$12,500.00
$12,500.00
Earthwork Subtotal $206,757,55
QuInuty
tlnit
Unit Coe!
Total UnH
4
EA
$2,000,00
$8.000.00
4,747
LF
$25.75
$122,235.25
22
EA
$1,905.00
$41,910.00
97
EA
$525,00
$50,925.00
22
EA
$425.00
$9,350.00
Sanitary Sewar Subtotal $232,420.25
RTTIMMimap
2
EA
$200,00
$400,00
7,942
LF
$17.85
$141,764.70
28
EA
$835.00
$23,380.00
97
EA
$575.00
$55,775.00
9
EA
$2,450,00
$22,050.00
1
EA
$1,185.00
$1,185.00
7
EA
$1,450.00
$10,150.00
45
EA
$200.00
59,000.00
Water UtRtty Subtotal , $283,704.70
9uanI11Y
Loll
LnIt csat
Total Unit
288
LF
$76.00
$21,888.00
4
EA
$750.00
$3.000.00
190
CY
$75.00
$14,250.00
1
EA
$2,9W.00
$2,900.00
20
LF
$100.00
$2.000.00
1
EA
$A,000.00
$4,000.00
Storm Dralnapa Subtotal E7T48,038.00
Conortte
Q9nulltY 11nll
UnItCON
Total Unit
�) VERTICAL CURB & GUTTER
6,976
LF
$9.16
$84,871.26
z) ROLLOVER CURB & GUTTER
7,602
LF
$9.60
$72,019.20
a > 4.6' DETACHED WALK (4")
11,777
LF
$13.20
$166,456.40
4) 8' DETACHED WALK (4^)
1,700
LF
$14.40
$24,480.00
6) 20' BQUARE RADIUS WIRAMP
26
EA
$1.076,00
$27,950,00
a 126' BQUARE RADIUS W/RAMP
2
EA
$1,250.00
$2,600.00
7 1 20'ROUND RADIUS W/RAMP
2
EA
$725.00
$1,450,00
a 125' ROUND RADIUS WIRAMP
6
EA
$1,000.00
$6,000,00
o) 2B'x 8' CROSS PAN (6")
11
EA
$1,075.00
$11,825.00
+o 132'x 8' CROSS PAN (8")
3
EA
$1,225.00
$3,675,00
n I MIDBLOCK RAMP
7
EA
$535.00
$3,745.00
Ccncmts Subtotal F 3353,771.85
Asphak Pttvino
Quantt I.lt
UnN cott
Total Un
I MOBILIZATION
1
LS
$2,000.00
$2,000.00
s) 4.5" HBP & 9" ABC
3,715
BY
$16.90
$62,763.60
a 1 4" HBP & 6" ABC
11,760
SY
$14.65
$171,108.00
4 14" HBP & 7" ABC
9,888
SY
$14.00
$138.432,00
a) FLY ASH SUPPORT (If needed)
6,000
BY
$4.75
$28,500.00
Paving Subtatdl $402,823.50
Eraslon Control Quart Y 51015 UnR Cc R Total Unit
i ) SEDIMENT TRAP 2 EA $500.00 $1,000.00
2) BILT FENCE 1,600 LF $2,50 $4,000.00
�) EROSION SEED & MULCH 43 AC $90D.00 $38,700,00
Erosion Control Subtotal $43,700.00
m(scaUdneout
QuenttY Ljo
UnKQN
Total Unit
l) TYPE (11 BARRICADES
144 LF
$80.00
$8,640.00
2) TELEPHONE TRENCHING BUDGET
1 LS
$7.000.00
$7,000.00
a) SLEEVING BUDGET
1 LS
826,000.00
$25,000.00
41 SIGNAGE (STREETS)
10 EA
$276.00
$2,760-00
Mlaoslldnaoue Subtotal $43,390.00
Total Phase 1 51,BD4,605.85
Page 3 0111
the final subdivision plat, and that such matters are necessary to protect, promote and
enhance the general welfare.
NOW, THEREFORE, in consideration of the premises, the mutual covenants
herein contained and the approval, execution and acceptance of the plat for recordation
by the County, it is agreed as follows:
Master Plan and Preliminarv, Plat:
The approved Master Plan and Preliminary Plat of Fossil Lake PUD consists of
two non-contiguous parcels, the legal descriptions of which are shown on the attached
Lxhibit A (the "North Parcel, First T ding"j; and Exhibit B (the "North Parcel, Second
Filing-); and Exhibit C (the "South Parcel.) The land use,; approved for the North Parcel
(both First and Second Filings) consist of 428 single family lots, 58 patio/townhouse
units on Tracts B and C, and a variable use on Tract A of neighborhood service or
conuncrcial uses such as daycare, church, office, photo studio, etc. in the event one or
mole of These types of neighborhood service or commercial uses occurs on other
properties within a 3/8 mile radius of Tract A, then the Developer shall be permitted to
have a maximum of 80 multi -family dwelling units on Tract A. Land uses described
above shall be developed on the North Parcel, in substantial conformance with the land
use layout as depicted on the Master Plan.
The South Parcel shall consist of open space and agriculhual land, with the
exception of three (3) lots, all as shown on the Master Plan. Two of' the lots will
accommodate existing dwellings and the third is for the purpose of permitting
construction of a new dwelling unit. The open space and agricultural lands will be
encumbered with a Conservation Easement and maintained using the guidelines of an
accompanying Resource Management Plan, which will be approved in connection with
the approval ofthe final subdivision plat for the Second Filing,
2. Extended Vesting Agreement:
The County has approved the extension of the statutory vesting period for the
PUD and the effective period for the Master Plan. Such approval has been formally
embodied in a separate agreement between the County and the Developer entitled
Agreement to Extend Vested Rights for Fossil Lake PUD which has been approved by
the Board of Cour,,ty Commissioners on December 21, 1999, Said Agreement shall
govern all issues regarding vesting of the Master Plan and PUD.
3. Larimer Count and The City of Fort Collins:
The PUD is located in proximity to the City of Fort Collins ("City") and there has
been cooperation between the County, the City and the Developer throughout the
planning and approval process. It is acknowledged that the PUD approval by the County
preceded the adoption and approval of the May, 1998 Intergovernmental Agreement for
the newly expanded Fort Collins Urban Growth Area (" TGA"); however, the density, lot
2
E;krlhwodS
9uantilr
Unri
Unit colt
Isffil Un
ROLLOVER C 8 G PREP. (x.1 rt)
3,686
LF
$1.50
$5,799.00
�)
4.5' WALK PREP. (t t/Ft)
3,866
LF
$1,50
S5,799.00
3 I
STREET SUBGRADF PREP. (x.1 Ft)
7,890
SY
$0.60
$4,734.00
+)
SHAPE t1 GRADE (Lots) (t.3/Ft)
1
LS
$5,000.00
$5,000.00
Earth work Subtotal $21,332.00
Sanitaryowl
Qu ath
MIJI
Unit Coat
74tiLVO8
TIE -INTO STUB OUT
2
EA
$200 00
S400A0
2 l
8" PVC SEWER MAIN
1,553
LF
$25.75
$39,989,75
3)
48" DIA, MANHOLE
8
EA
$1,905.00
$15,240.00
+)
4" SEWER SERVICE
46
EA
$525,OC
$24.150.00
e)
FINAL ADJUST MANHOLE
6
EA
$425.00
33,400.00
Sanitary Sewer Subtotal $83,179.75
Water Utility
Quantity Un8
UnhCool
Total Un
t)
TIE -INTO EXISTING STUB -OUT
2
EA
S200.00
$400.00
2 16"
PVC H2o MAIN
2.119
LF
$17.65
$37,824,16
3 16"
GATE VALVE
6
EA
$535.00
$5,010.00
+)
314" H2o SERVICE & CURB STOP
46
EA
$575.00
$28,460.00
e 15'
FIRE HYDRANT ASSY. (GV,T 8 BL)
3
EA
$2,450.00
$7,350 00
e ;
RELOCATE EX, TEMP. HYDRANT
2
EA
$1,185,00
S2,370.00
r 1
FINAL ADJUST VALVE BOX
11
EA
$200.00
$2,200.00
Water Utfi4y Subtotal[— $81,604.15 1
Storm Dralnana
Quanil y tlnh
Unit Coe
Total Unh
1) 1a" N-12 PIPE
185 LF
$28.50
$4,702,50
2) 18" ADS FLARED END SECTION
1 EA
$200.00
$200,00
a ) 5' TYPE R INLET
1 EA
$2,850.00
$2,650.00
+ ) TYPE L RIPRAP
10 CY
$75.00
5750.00
n I TYPE M RIPRAP
116 CY
$90.00
$10,350.00
Storm Drainage SuNuialF $18,652.50
co cmto
4uii8t1iY if h
UnllCod
Total Un
1)
ROLLOVER CURB & GUTTER
3,885
LF
S9.60
$37,113.60
2 1
4.5' DETACHED WALK (4")
3,666
LF
$13.20
$51.031.20
3)
20' SQUARE RADIUS W/RAMP
4
EA
$1,075.00
$4,300.00
4)
20' ROUND RADIUS W/RAMP
4
EA
$725.00
$2,900.00
s t
1O' SIDEWALK CULVERT
1
EA
$2,035.00
$2,835,00
e
28'x 8' CROSS PAN (8")
2
EA
$1,075.00
$2,150.00
Concrete Subfotel
$100,129.80
P+pa4of11
AaQhalt Pavino
1 ) MOBILIZATION
2) 41'HBP&7"ABC
3 ) FLY ASH SUPPORT (if needed)
ErptjQn Control
1 ) 5' GRAVEL INLET FILTER
2) 10' GRAVEL INLET FILTER
3 ) EROSION SEED & MULCH
Mlaasllaneous
TELEPHONE TRENCHING BUDGET
2) SLEEVING BUDGET
3) SIGNAGE (STREETS)
Pape 6 of 11
" Tp__ __S1.
1 LS $2,000.00 $2,000.00
7,890 BY $14.00 $110,460.00
2,000 SY $4.75 $9,500.00
Paving Subtotal $121.960.00
low. m, wt
1 EA $125.D0 $125.00
1 EA $150.D0 $150,00
13 AC $900.00r $11,7D0.00
Erosion Control Subtotal[ $11,975.00
A• i 1�
1 LS $3,000.00
S3,000.D0
1 LS $10,500.00
$10,500,00
4 EA $275.00
$1,100,00
Miscellaneous Subtotal
$1000.00
TOW Ph,%el 2 $453,433,20
q
fArlhwork
+) CLEAR AND GRUB
I STRIP & PLACE (Ph. 3&4)
0) CUTIFILL (Ph. 3&4)
4 I STOCKPILE EXCESS DIRT FOR SWIFT
a) ROLLOVER C & 0 PREP. (t.1/Ft)
e) VERTICAL C & G PREP. (t.1fR)
OUTFALL C $ G PREP. (±. vFt)
a) 4.5' WALK PREP. (t.t/Ft)
e) 6' WALK PREP. (t.in t)
+0) STREET SUBGRADE PREP. (z.1IFr)
++ ) SHAPE & GRADE (Lots) (3.31Ft)
¢Bnitary Nwl:r
t ) TIE -INTO EX. MANHOLE
) 8" PVC SEWER MAIN
148" DIA_ MANHOLE
�) 4" SEWER SERVICE
e I FINAL ADJUST MANHOLE
Water UIIM
+) TIE INTO 12" MAIN
�) 8" PVC H2o MAIN
l 8" GATE VALVE
4) 314" H2o SERVICE & CURB STOP
e) 6' FIRE HYDRANT ABBY. (GV,T & BL)
a) RELOCATE EX. TEMP, HYDRANT
r) FINAL ADJUST VALVE BOX
8tarm Drnlnm
�) 30" CLASS 3 R.C.P.
I M" RCP FLARED FND SECTION
24" x 38" CLASS 3 H.E.R.C.P.
a) 24" x 38" HERCP F.E.S,
e) 29" x 45" CLASS 3 H_E-R.C.P.
a) 29" x 45" HERCP F.E.S.
I TYPE L RIPRAP
e WATER QUALITY INLET
o) CONCRETE OVERFLOW WEIR
CONCRETE ENCASEMENT 30" RCP
+' 1 CONCRETE ENCASEMENT 24"X38" HERCP
+� CONCRETE ENGAGEMENT 29'X45" HERCP
Papa 0 of 11
117rufflml Am,
1
LS
$1,600,00
$1,600.00
14,982
CY
$0.95
$14,232.90
7,606
CY
$146
$11.159.20
66,397
CY
$1.00
$68,397.00
2,061
LF
$1,50
$3.076.60
2,917
LF
51.60
$4,376,60
386
LF
$1.60
$679.00
3,982
LF
$1.50
$5,943,00
1,006
LF
$1.60
$1,609,00
10,182
SY
$0.80
$6,091.20
1
LS
16,600.00
$0,600.00
Earinwork Subtotal [-9111,363.30
1
EA
$2,000.00
$2,000.00
2,434
LF
$25.75
682,676.60
14
EA
$1,905.00
$26,670.00
40
EA
$826.00
$21,000.00
14
EA
$426.00
$6,950.00
Sanitary Sewer Subtotal $116,295,60
1
EA
$500.00
$500.00
5.050
LF
$17.86
$54.442.50
12
EA
$835.00
$10.020.00
40
EA
$676.00
$23,0W.00
2
EA
$2,450.00
$4,900.00
3
EA
$1,186.00
43,655.00
17
EA
62D0.00
$3.400.00
Water Ut111ty Subtotal F $99,81T50
• t i
$3
LF
444.60
$3,693.60
2
EA
$616.00
$1,030.00
185
LF
$86.00
$12,025.00
4
EA
$625-00
$2, 100.00
104
LF
$76,00
$7,004,00
2
EA
3750,00
$1,600.00
265
CY
$78.00
$19.876,00
1
EA
$2,900.00
62,000.00
1
EA
$3,700.00
$3,700.00
20
LF
$e0_DO
$1,200.00
40
LF
$66.00
$2,800.00
20
LF
$100.00
$2,000.00
Strom Dralnapa Snbtotaf 880,527.60
Concrete
Quaff 1tDu
1lntlQ281
Tots1 Unit
ROLLOVER CURB & GUTTER
2,051
LF
$9.50
$10,689.50
2)
VERTICAL CURB &GUTTER
2,917
LF
$9,15
$26,890.65
�)
OUTFLOW CURB & GUTTER
356
LF
$9.15
$3,531.90
4)
4.5' DETACHED WALK (4")
3,982
LF
$13.20
$52,290.40
6)
5' DETACHED WALK; (4")
1,006
LF
$14A0
$14,486.40
a)
20' SQUARE RADIUS W/RAMP
4
EA
51,076.00
$4,300.00
7)
25' SQUARE RADIUS W/RAMP
2
EA
$1,250.00
$2,500.00
5 J
20' ROUND RADIUS W/RAMP
2
EA
$725.00
$1,450.00
B)
25' ROUND RADIUS W/RAMP
8
EA
$1,000.00
$8,000.00
10)
5' SIDEWALK CULVERT
1
EA
$2,560.00
$2,580.00
11 >
10' SIDFWALKCULVERT
2
EA
$5,110.00
$10.220.00
12)
12' SIDEWALK CULVERT
1
EA
$6,130,00
$6,130.00
13)
15' SIDEWALK CULVERT
1
EA
$7,650.00
$7 650.00
14)
28'x 6' CROSS PAN Iff')
3
EA
$1,075.00
$3,225.00
15)
28'x 12' CROSS PAN IS")
1
EA
$1.600.00
51,600.00
15)
MIDBLOCK RAMPS
2
EA
$535.00
$1.070.00
Concrete Subtotal $165,421.85
Asphaft Pavinn
Qll40111y
L!a
1)n11 CQ8t
Ietel S1n11
1 J
MOBILIZATION
1
LS
$2,000.00
$2,000.00
2 J
4.5" HBP & 9" ABC
2,730
SY
$17.10
$46,683.00
3)
4" HBP & 6" ABC
3,818
SY
$15,15
$57,6A2.70
4)
4" HBP & 7" ABC
3,604
BY
$14,55
$52,436.20
5)
FLY ASH SUPPORT (if needed)
3,000
SY
$4.75
$14,250.00
Paving Subtotal[—
ubtotal $173,213.90
Eroslon Control
QuafllllY
voll
UM 0vrl
Total Unit
INLET PROTECTOR
1
EA
$3D0.00
$300.00
�) 10' SIDEWALK CULVERT FILTER
1
EA
$150.00
$150.00
31 SEDIMENTTRAP
3
EA
$500.00
$1,500,00
4) EROSION SEED & MULCH
17
AC
$900.00
$15,300.00
Erosion Control Subtota! $17,250.00
Mlso@Ilanoous
Qua011fy ut
1ntt005
Total Unit
TYPE III BARRICADES
38 LF
$60,00
$2.160.00
TELEPHONE TRENCHING BUDGET
1 LS
53,000.D0
$3,000.00
3 1 SLEEVINO BUDGET
1 LS
$21,000.00
$21,000.00
4) SIGNAGE (STREETS)
8 EA
$275.00
$2,200.00
Mlscelleneous Subtotal E328,21fI0,0C
Total Phase 3 $774,249.85
Pap* 7 of 11
Earthwork
t) CLEAR AND GRUB
2) STRIP & PLACE
31 CUT/FILL
4 1 FILL FROM STOCKPILED DIRT FROM LUTHI
6) VERTICAL C & 0 PREP. (t.1n)
a 1 6- WALK PREP. (t,VFQ
7 1 STREET SUBGRADE PREP. (t.V/Ft)
a) BASE DRIVEWAYS
4) SHAPE & GRADE (Lots) (3,3/Ft)
Water Utlllty
TIE INTO 12" MAIN
2) 12" PVC H2o MAIN
3 1 12" GATE VALVE
1) 24" STEEL CA81NG
e I FINAL. ADJUST VALVE BOX
CQpqrqtv
) VERTICAL CURB & GUTTER
2) 8' DETACHED WALK (44)
Ainhrlt Pavina
t) MOBILIZATION
2 1 4" HBP & 10" ABC
3) FLY ASH SUPPOR.7
4l STRIPING
Mleoellaneoua
1 TYPE III BARRICADES
21 REPLACE FENCE
1 1 REPLACE MAILBOXES
Pape 8 of 11
Quan
Unit
Unit Cob
Total Una
1
LS
$3,000.00
53,000.00
3,115
CY
$1.50
114,(172.50
485
CY
$2,00
$970.00
11,729
CY
$1.60
$18,788.40
1,493
LF
$1.50
$2.239.60
1,493
LF
$1,80
$2,239.60
14,070
BY
$0.60
$8,442.00
1
LB
$Man
$500.00
1
Ls
$2,o00.00
$2,000.00
Earthwork Subtotal $42,829.90
Quaath Sluk
Unit coil
Total Unll
1
EA
$500.00
$500.00
1,040
LF
$27.20
$28,268.00
2
EA
$1,370.00
$2,740.00
105
LF
$45A0
$4,725.00
3
FA
$200.00
$800.00
Water UtiDtySubtotal $38,853.00
Quantb sln5 Ugh QQq1 Total Unit
140 LF 430.00 $4,200.00
Storm Oralnage Subtotal $4,200.00
rluant " uee coy Total Uhlt
1,493 LF $9.15 413,660.95
1,493 LF 417.00 $26,381.00
Concreb Subtotal F $39,041.96
„7n A"
1
Ls
$2.000.00
$2,000.00
14,070
BY
$17.00
$239,190.00
3,500
SY
$4,75
$16A26.00
1
LS
$13,000,00
$13,000.00
PavfnD Subtotal $270,815.00
QuentltY Ud
Qnfi 1plaLuft
60 LF
$60.00 $3.600,00
1,600 LF
$2.00 $3,000,00
3 FA
$30.00 $90.00
MI"Itaneoue Subtotel 68,890.00
Total C,R, 39 $400,429.85 _
Earthwork
) ) CLEAR AND GRUB
2) STRIP & PLACE
3) CUT/FILL
4 ) STOCKPILED EXCESS DIRT FROM CHANNt
s) SHAPE & GRADE (Lots) (t.3/Ft)
Storm Dralneoe
BOX CULVERT
2) CONCRETE END OF BOX
3) BRICK
4) HAND RAIL
e) BURIED RIP RAP
s) GROUTED RIP RAP
7) COBBLES
B) BOULDERS
Pape 2 of 11
Quant
Val
Unit Cost
TDtal UnI1
1
LS
$500,00
$500.00
2,938
CY
$2.00
$5,812.00
6,440
CY
$2.76
$14.960.00
11,796
CY
$1.75
$20,643.00
1
LS
$3,000.00
$3.000.00
Earthwork Subtotal $44,976.00
'. .i _ _i!
1
LS
$240,000,00
$240,000.00
1
LS
$132,000.00
$132,000.00
760
SF
$12.25
$9,187.60
160
LF
$115.00
$18,400.00
460
CY
$75.00
$33,760.00
200
CY
$200.00
$40,000.00
40
CY
$100.00
$4,000.00
60
CY
$100 00
$6,000.00
Storm Drainage Subtotal F $483,337.50
Total McClelland Channel $528,312.60
Earth1Y911S
QYantltY lilt
Unit Cot
Total U
I ROLLOVER C & G PREP. (t.11Ft)
2,278
LF
$1.60
$3,417.00
_) VERTICAL C & G PREP. (01Ft)
1,312
LF
$1.50
31,988.00
�) 4.6' WALK PREP. (t.1fFt)
3,690
LF
$1.50
$5,385.00
4) STREET SUBORADE PREP. (m.1IFt)
25,363
BY
$0.80
$16,21780
f I SHAPE & GRADE: (Lola) (t.3rFt)
1
LS
$5,000.00
$5,000.00
Earthwork Subtotal $30,987.80
Banitary 8wrar
Quontb Jltilt
Unh Cog;
Total Untt
t) TIE -INTO STUB OUT
2
EA
$200.00
$4D0.D0
2) 8" PVC SEWER MAIN
1.195
LF
$25.78
$30,719.75
�) 48' DIA, MANHOLE
4
EA
$1,906.00
$7,620.00
�) 4' SEWER SERVICE
41
EA
$625,00
$21,826.00
a l FINAL ADJUST MANHOLE
4
EA
$425.00
$1,700.00
saNlary sewer Sudrotal E81,984.7b
Water Utility
Quan ua
UNS.Gsat
IslaLUnt
1 I TIE -INTO EXISTING STUB -OUT
2
EA
3200.W
$400.00
1 8' PVC H2o MAIN
1,554
LF
$17,85
$27,738.90
l 8" GATE VALVE
3
EA
$835.00
$2,505.00
v 3/4" H2o SERVICE & CURB STOP
41
EA
$575.00
$23,878.00
c) 5' FIRE HYDRANT ASSY. (GV,T & EQ
1
EA
$2,450.00
$2,450.D0
f 1 FINAL ADJUST VALVE BOX
4
EA
$200.00
$800.00
Water UtilkySublolalf.—$57,468.00
Storm Drainaaa Quanlllr
ilt18
=L.QC
TotaLLlnit
1) 24" N-12 PIPE 20
LF
$35.00
$700.00
�) 24" N-12 F.E.S. 1
EA
$250.00
$250,00
a) TYPE L RIPRAP 20
CY
$75.00
$1,500.00
Storm Drainage Subtotal $2,450.00
ranor9to
Quant)ty
Unit
Unit Coet
ToWl Upn
1 I ROLLOVER CURB & GUTTER
2,278
LF
$9.80
$21,608,80
2 I VERTICAL CURB & GUTTER
1,312
LF
$9.15
$12,004.60
s ) 4.6' DETACHED WALK (4')
3,590
LF
$13.20
$47,388,00
) 20' SQUARE RADIUS WIRAMP
2
EA
$1,076.00
$2,150,00
a ) 20' ROUND RADIUS W/RAMP
2
EA
$72&00
$1,450.D0
e 128'x 8' CROSS PAN (8")
1
EA
$1,075.00
$1,075.D0
Concrete Subtotal $85,936.60
Aaahah Pavina AuaatftY " Unit Cv. Total U_H
+) MOBILIZATION 1 LS $2,000.00 $2,000.00
�) 4" HBP & 7" ABC 6,638 SY $14.55 $06,127,00
�) FLY ASH SUPPORT 2,000 SY 54 76 $9,600.00
Peving Subtotal $106,827.90
Papa 10 o111
r\
`b
Eroslon Control
) SEDIMENT TRAP
2) EROSION SEED & MULCH
Miscellaneous
1 ) TYPE III BARRICADES
2) TELEPHONE TRENCHING
9) SLEEVING BUDGET
a) SIGNAGE (STREETS)
Pape 11 of 11
QuantiiY dolt Unry Goal Total Unit
1 EA $500.00 $500.00
13 AC $900.00 $11,700.00
Erosion Control Subtotal $12,200.00
uantity Q2n
Unit CQ$
Total
38 LF
$60.00
$2,160.00
1 LS
$2,500,00
$2,500,00
1 LS
$10,000.00
$10,000,00
3 EA
$275.00
$825.00
Miscellaneous Subtotal 1 $15,485.00
Total Phase 4 $373,120.95
I
FOSSIL LAKE 2ND FILING
PROJECTED PROJECT COSTS PHASE I AND II
SUBDEVELOPMENT AGREEMENT IMPROVEMENTS:
Total
Phase I
Phase II
Earthwork
$228,090
$206,758
$21,332
Sanitary Sewer
315,600
232,420
83,180
Water Utility
345,309
263,705
81,604
Storm Drainage
66,689
48,036
18,653
Concrete
463,902
363,772
100,130
Ashpalt Paving
524,784
402,824
121,960
Erosion Control
55,675
43,700
11,975
Miscellaneous
57,990
43,390
14,600
Total Improvements
(subject to guarantee)
$2,058,039
$1,604,605
$453,434
OTHER COSTS PAYABLE OUT OF DEVELOPMENT FUNDS
Engineering
$151,409
Water Line
83,009
Project Supervision
114,623
Design and Planning
7,830
Landscaping
75,000
Utilities:
Electical
478,500
Gas
63,800
Telephone
14,500
Interest
75,000
Land
354,743
Total: $3,476,453
Cost Per Lot (145 total) $23,975
r
c: Mydocs/ACL/FL2nd,4-26-01
FIRST ADDENDUM
TO
SUBDIVISION DEVELOPMENT AGREEMENT AND
DEVELOPMENT LOAN AGREEMENT
THIS AGREEMENT, effective the, I - clay of � _ _
20_Q � , by and among the BOARD OF COMMISS NERS OF LARIMER
COUNTY, COLORADO ("the County"); Everhue, LLG A Colorado Limited Liability
Company("tile Subdivider"); and First National Bank ofRort Collins ("the Lender")
W ITNESSETH:
d
WHEREAS, the Subdivider and the County have, as of J"�' .
20 C) , entered into a Subdivision Development Agreement Relating To eN5veloper's
Obligations in Fossil Lake, P.U.D., Second Filing in Larimer County, Colorado, (for
convenience hereinafter referred to as"SDA").
WHEREAS, the Subdivider desires, and is required, to provide appropriate
collateral to secure the Subdivider's obligations pursuant to the SDA.
WHEREAS, the Lender and the Subdivider shall agree to enter into a
Development Loan Agreement (the "Loan Agreement') within 30 days of execution of
this SDA, pursuant to which the Lender shall commit to loan to the Subdivider an amount
sullicicnt to coaer acquisition and development, of Fossil Lake, P.U.D., Second Filing,
(tile "Development Loan") as well as security and collateral for improvements described
herein.
WI IEREAS, it portion of the Development Loan will be used to pay the cost of
the construction infrastructure improvements in Phase I and 2 as required by the SDA
("the SDA improvements") in an amount equal to 115°/, of the total estimated
constriction costs as described on Exhibit D of the SDA.
WHEREAS, the aforementioned SDA Improvements amount will constitute
adequate collateral under the SDA.
NOW, THEREFORE, in consideration Of tile mutual covenants herein, the parties
agree as follows:
Construction Loan Proceeds.
(a) The Development Loan proceeds that are identified as SDA
Improvements shall be used only for SDA Improvements as specified in the SDA and for
no other purpose. Said loan proceeds or any portion thereof shall not he released without
prior written approval of the County. If the County determines, in accordance with the
provisions of the SDA or the provisions of this Addendum, that there is a default of the
SDA or this Addendum, the Lender, upon written request by the County, shall release
and pay to the County within ten (10) days all remaining loan proceeds.
(b) In the event that the County determines that a disbursement of
Development Loan proceeds by the Lender is authorized pursuant to paragraph 2 hereof,
then it shall direct disbursement by executing an "authorization to Disburse." The
"Authorization to Disburse" shall be in the form attached hereto and shall be signed by
the Larimer County Director of Planning or his authorized representative. Said
Authorization shall be made available to the Subdivider in accordance with the "Request
for Disbursement Procedures" as set forth in paragraph 2 hereinafter.
(c) In the event that, for any reason whatsoever, the total Development
Loan proceeds ;are insufficient to complete all or any of the Phase 1 and 2 improvements
as designed, neither the County nor the Lender shall have any liability for payment or
completion of the Subdivider's obligations nor to extend the additional funds as
Development Loan proceeds or otherwise for said purpose.
1)
layout, street configuration and other land planning elements were approved by the
County after consultation with the City. Furthennorc, it is understood that the County.
City and Developer realize this Development will eventually be annexed into the City.
Therefore, certain engineering criteria and obligations described in the IGA shall be
unposed upon the PUD in accordance with the Finding and Resolution adopted by
Larimer County on June 23, 1998 which states: "The final construction plans for all
roquired improvements shall be carefully coordinated with the City of Fort Collins to
insure that all technical requirements are addressed." The County Engineer shall insure
that the final construction plans are given to the City for review and that all applicable
City comments and requirements are addressed.
4. Inspections and Warranty:
The development of lots, tracts, and outlots of Fossil Lake PUD, Second Filing
shall be inspected and wan -anted in accordance with adopted policies of Larimer County
as of December 10, 1998 and the provisions of this Agreement, and Exhibit A to Final
Utility Plans for Fossil Lake PUB, Second filing as attached. Two year warranty periods
�uaranlCelli g against defects in materials and/or workmanship, for each category of
construction infrastructure improvements, as described on attached Exhibit D, shall begin
upon final construction acceptance by the County of each construction infrastructure
improvement category.
5. Second Filing Improvements:
Developer shall construct or install all streets, curbs, gutters, utilities, drainage
controls, water and sewer facilities, flood protection devices and other improvements
shown on the subdivision final plat and/or in the supporting documents for the Second
Filing in accordance with the plans and specifications, as prepared by the Developer's
licensed engineers and professionals, and approved by the County. Developer may
construct such improvements in four (4) phases in accordance with the Phasing Plan
depicted in the Final Utility Plans for Fossil Lake P.U.D., Second Filing and approved by
Latimer County_
All improvcrnents required to be constructed or installed for the development of
the Second Filing of Fossil Lake PUD, and all other matters agreed to be performed
herein shall be installed, constructed or performed by Developer within ten years of the
date on which the final subdivision plat is approved. All construction shall be performed
in a 1=nod and workmanlike manner and in accordance with applicable County standards,
rules and regulations governing such construction.
6. Water Supply:
Developer shall install the water system improvements necessary to serve the
Second Filing in the manner provided on the approved utility plans. The water supply
system shall be subject to inspection by the Fort Collins -Loveland Water District and the
County Sugmeer during construction. Developer shall submit a letter of acceptance from
3
4
(d) The County agrees that upon Final release of the SDA, all
remaining Development loan proceeds, if any, shall be released to the Subdivider
through an appropriate Authorization to Disburse.
3. Request for Disbursement Procedures.
(a) The Subdivider shall enter into appropriate agreements with
construction subcontractors representing the various respective line items of work stated
on Exhibit D of the SDA. The Subdivider shall inform subcontractors of the terms of this
Addendum. The Subdivider shall also enter into an agreement with an engineer
registered in Colorado ("the Subdivider's Engineer"), who shall inspect the SDA
Improvements and represent the Subdivider in matters pertaining to inspection and
certification of SDA Improvements required herein.
(h) Whenever the Subdivider shall desire authorization for
dishursements and, as a condition thereto, the Subdivider shall deliver to the Director of
Planning of the County of Larimer four (4) copies of a "Request for Disbursement" the
"Request for Disbursement" shall be in the form attached hereto and incorporated herein
by reference as though fully set forth. Said form, once approved by County, shall be
forwarded to City of Fort Collins. It shall include the following attachments,
(1) A signed and sealed certification from the Subdivider's
Engineer which states the general nature of the items requested for release and which
states that the items requested for release have been completed in compliance with
approved plans and specifications and documenting that the Subdivider's Engineer or his
representative has made regular on -site inspections during the course of construction and
that the field plans utilized are the same as approved by the County.
(2) Any requests for release of funds shall be accompanied
when appropriate, by test results as per the Colorado Department of Highway Schedule
for Minimum Materials Manual and two (2) copies of "as -built plans" certified by the
Subdivider's Engineer showing any and all deviations from the approved plans. Release
of disbursements will not occur if the County Engineer determines that deviations are
constructed which have not been approved by the County Engineer's office.
(3) Any final requests involving fire hydrants shall be
accompanied by a letter from the water district that indicates the required water flow
pressure is available for each hydrant as required by County regulations.
(4) Any final requests for drainage facilities shall be
accompanied by "as -built" plans in accordance with the requirements of the County.
Said plans shall be reviewed by the City of Fort Collins and accepted by the County.
(5) Any fina', requests for landscaping improvements shall be
accompanied by a copy of the approved landscape plan with all deviations from the
approved plan listed and shown on the plan.
(c) Requests for final release of water and sewer improvements shall
he accompanied by a letter of acceptance and maintenance and responsibility by the
Special district. The request for final release for ,eater and sewer line improvements may
be made by the Snh0iV1der at amy tm-;c and shalt be authorized by the County the same
day it complete request is submitted.
(d) Other utilities, such as electricity, gas, telephone, and television
cable, shall not he a part of this Addendum. Each utility shall be responsible for its own
inspection and approval work, and payment for that work shall be a separate and distinct
obligation of the Subdivider and funds utilized for payment of wort: directly relating to
the installation of electricity, gas, telephone., and cable television have not been included
as SDA improvements. Notwithstanding anything contained herein, the County shall not
release the Suhdivider from the obligations of the SDA until such time as written
documentation is provided to the County that electricity, gas, and telephone services are
installed and approved.
M
(e) Upon receipt of a complete Request for Disbursement as detailed
in this Addendum, the Director of Planning shall indicate by receipt that the request is
accepted for review. The County's written approval, partial approval, or disapproval of a
Request for Disbursement shall be available to the Subdivider not later than the tenth day
after receipt ofthe request.
(Q Upon receipt of the Request for Disbursement, the County shall
make or cause to be made such investigations as in its sole discretion it deems necessary
to verify the progress of construction. The County may then authorize disbursement,
authorize partial disbursement, or deny disbursement for cause. Authorization by the
County for a disbursement shall be indicated by the signature of the Lannicr Cotmty
Director of Planning or his designated representative.
(g) Upon receipt of Authorization to Disburse, Lender shall disburse to
Snbdivider, or party identified in Authorization to Disburse form, an amount equal to the
authorized amount, concurrently reducing the total Development Loan principal amount
equivalent to 10"4, of the authorized amount, thus leaving 5?/(, of -the total cost of the SDA
Improvements in place as warranty collatcrLl.
(h) Authorization by the County of any disbursement shall not relieve
the Subdivider or its subcontractors of their responsibility to correct any defects in the
work or to correct any work not installed in accordance with approved plans or to repair
any works destroyed or damaged by natural events or other causes.
(i) In the event the County denies or partially denies a Request for
Disbursement, the County shall give the reason for denial in writing to the Subdivider.
Upon request by the Subdivider, the County shall hold a meeting with the Subdivider to
review the decision for denial. If the County determines it is appropriate to authorize
additional disbursement, the County shall immediately authorize such additional
disbursement After the meeting, the Subdivider may request a meeting with the Board
of Cotmty Commissioners to appeal any staff decision. The meeting with the Board of
County Commissioners shall be held within fourteen (14) working days of' the County's
receipt of the Subdivider's written appeal request. The decision of the County
Commissioners shall he conclusive and final.
(j) In the event the Subdivider's Request for Disbursement is denied
by the County for lack of a complete submittal or because the SDA Improvement is
inadequate for cause stated by the County, then the Subdivider's second and subsequent
Requests for Disbursement of the denied improvement shall require a Two Hundred
Dollar ($200) remspection fee.
(k) Completion of the work set forth as a line item in the Disbursement
Request Itemization and disbursement and payment therefor, made in accordance with
the terms of this Addendurn, shall not be construed as acceptance or final approval by the
County of the work performed.
3. Default of SDA and/or Addendum to SDA.
(a) This Addendum shall be in ; efault if the Board of County
Commissioners finds the SDA to be in dettuih in accordance With the provisions therein
contained.
(b) In the event of default of the terns of this Addendum,
disbursements under the Loan Agreement shall cease until such time as the default is
corrected by the Subdivider. In the event the County determines that the Subdivider has
materially breached the SDA and such breach has not been CO1TCCled by the Subdivider,
the County shall give written notice of such breach to the Smh(hVldCI- and the Lender,
whereupon the Lender shall cease any and all disbursements under the Loan Agreement
fbr SDA Improvements to the Subdivider and, upon written request of the County, shalt
make appropriate disbursements to the County for SDA Improvements, which shall
contract Gu completion of the SDA Improvements. The parties hereto actcnowledgc that
pursuant to (he terms of' the Loan Agreement, the Lender has committed to lend to the
3
Subdivider an amount in excess of the amount necessary to complete the ,SDA
Improvements. Notwithstanding the total amount of the loan to be made by the Lender to
the Subdivider, upon default by tine Subdivider the Lender shall have no obligation to
advance to the County for the SDA fmprovements a-,iy amount in excess of the total
Development Loan, less all amounts previously advanced to the Subdivider for the SDA
Improvements pursuant to the terms of this Agreement.
4. Warranty. The parties hereto acknowledge that pursuant to County
policies concerning SDA's and other agreements between Subdivider and Larimer
County, upon completion of each category of SDA Improvements, Lender shall retain in
the Development Loan a total of 5% of the total cost of the SDA Improvement as
warranty collateral. Said collateral amounts will be proportionately allocated to the
construction infrastructure categories as listed on Exhibit D of the SDA, hased on total
cost within each category. Warranty collateral funds shall be available to Larimer
County upon default by Subdivider, as provided in the SDA. lxpiration of the
Development Loan or portions thereof securing said fiords shall occur upon written
release by Larimer County, or two (2) years from the date of finat subdivision
improvement acceptance for each construction infrastrictrrre category listed on Fxhibit D
of the SDA, whichever shall occur first.
5. Miscellaneous.
(a) Further Assurance. Each of the parties hereto, for itself and its
respcctive successors, agrees to execute and deliver any and alt instruments and
documents and to do any acts or things reasonably necessary, proper, or appropriate for
the full performance and the duc effectuation of this Addendum. -
(b) Waivers; Modification. No waiver, amendment, or modification of
any term, provision, condition, covenant, or agreement herein contained shall be effective
unless set forth in writing and signed by all of -the parties hereto, which specifically sets
forth such waiver, amendment, or modification, and such waiver, amendment, or
modification shall be effective only to the extent set forth in such writing.
(c) Severability. Any provision of this Addendum that is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent
of such prohibition or unenforceability without invalidating the remaining provisions
hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction.
(d) Ad_dendum. This Addendum supplements the Subdivision
Development Agreement dated and is subject to the provisions of the
Larimer County Subdivision Resolution�u the event of conflict between this Addendum
and the County regulations or policies, this Addendum shall control.
(e) Number and Gender. Words in the singular shall include the
plural, and words in a particular gender shall include either or both genders, when the
context in which such words are used indicates that such is the intent.
(0 Successors and Assigns. The terms and provisions of this
Addendum shall be binding upon and shall inure to the benefit of the successors and
assigns o f th e respective parties.
(g) Notice. Whenever under the terms of or in connection with this
Addendum it becomes necessary, proper, or desirable for one party to give notice to the
other, such notice shall he given by registered or certified mail, postage property
prepared, addressed to the parties to whom the address is to be given as follows:
If to the Subdivider, to:
F_verline, LLC
c/o Everitt Companies
3030 South College Ave.
P.O. Box 2125
I:!
Fort Collins, CO 80522
If to the County, to:
Larimer County Director of Planning
P.O. Box 1190
Fort Collins, CO 80522
If to the Lender, to:
Mr. Jim Trupp
First National Bank of Fort Collins
P.O. Box 272500
Fort Collins, CO 80527-2500
(h) Execution of Addendum. This Addendum may be executed in any
number of counterparts, each of which shall be deemed an original, but all counterparts
together shall constitute but one and the same instrument. The undersigned individuals
represent that they are fully authorized to execute this Addendum on behalf of the
I espective parties.
(1) Governing T_aw. The validity, interpretation, effective legal
requirements, and legal consequences of this instrument or arising out of or in connection
with the suhject matter thereof shall be determined in accordance with and governed by
the laws of the State of Colorado.
(j) Non _Waiver. Inaction or acquiescence by a nonbreaching party in
connection with any breach of any term, provision, condition, covenant, or agreenient
herein contained or in connection «ith any default or event of default hereunder shall not
constitute a waiver of such breach, default, or event of default, and such nonbreaching
pally may, at any time thereafter, exercise all rights herein or at law conferred on account
thereof.
(k) County Not Guarantor. By execution of this Addendum, the
County does not become and shall not be construed to be a guarantor
or surety of any
land with respect to the construction loan made by the Lender to the Subdivider, and the
County shall have no obligation or liability for repayment of the construction loan.'
�
IN WITNESS WHEREOF, the parties hereto hr.ve executed
\C�t('OFB� �I
this AdcleJlf{o{�`is
the dale lust above written.
\
:
\ t
BOARD OF COUNTY COMMISSIONERS ATTEST: (Seal)
OF LARINIYR COUNTY, ICOLORADO
13)
2
C han
i
Deputy Cletk`
STATF OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing ins lament v 1s acknowledged before me this
day of
20 C,) I by ENN aS��nl
,
of
__, _ _i ._
rR I
a ; il
s� u�k and and official so.
t
Cxpires:
_
C Nolaiy Public
—
5
Subdivider:
Everline, LLC, A Colorado Limited Liability Company
BY: Double E&G, Inc.,
k Colorado Corporation, T nager��
BY:_ � (Seal)
David Everitt, President
STATE OF COLORADO )
ss.
COUNTY OE LARIMER )
The foregoing instrument was acknowledged before me this �(0day of
20 p 1 by asQQ;'�IE RU
l
Witness my hand and official seal.
My Commission Expires: Q-20—01
Bank:
First National Bank of Fort
BY:
Notary Public
�GGL���QP�v'A4z�
10TA RY
PUBLIC
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was ac wledged before me this _ day of
20 _ by as of
Witness m and and official seat.
My COT
nission Expires:
Notary Public
6
a
the District for the maintenance and responsibility of all water supply improvements prior
to the release of the final non -warranty collateral or release of completed improvements.
7. Sewage_
All sewer lines required for the Second Filing shall be constructed in accordance
with the requirements of the South Fort Collins Sanitation District and the County
1`,nginecr and as reflected on approved utility plans. The sewer mains and supply service
lines shall be subject to inspection by the District and the County Engineer during
construction. Developer shall submit a letter of acceptance from the South Fort Collins
Sanitation District for the maintenance and responsibility of all sewer improvements prior
1(� the release of the final non-warraiM collateral or release of completed improvements.
8. Trenches:
I Icliches for sanitary sewer and water, and storm sewer lines shall be compacted
in accordance with specifications defined in Exhibit A to the Final Utility Plans for Fossil
Lake 11.111) Second Filing. 'Ilench compaction will be tested by the Devcloper while
work is in progress, and testing frequency shall meet criteria detailed in said Exhibit A to
the Final Utility Plans for Fossil Lake P_U.D Second Filie.
ng. The test results shall h
certified by the soils laboratory and maintained on file at the site by the Developer for
review by Larlmcr County and City of Fort Collins inspection personnel. In the event
that compaction testing is not provided, Larimer County and/or City of Fort Collins may
order such testing, and Developer shall reimburse the County or City for all such testing
expenses incurred. No release of the final non -warranty collateral or release of
completed improvements shall be made until successful compaction tests are received.
9. Roads:
Developer shall construct all road improvements as shown on the subdivision
final plat and in the supporting documents for the Second Filing in accordance with the
plans and specifications, as prepared by the Developer's licensed engineers and
professionals, and approved by the County Engineer. All street layout and geometric
design shall be in accordance with applicable County standards and as portrayed on the
approved construction drawings for the Second Filing of Fossil Lake P.II.D. All street
construction, including the pavement design and technical criteria, shall be performed in
accordance with the standards attached as Exhibit A to the Final Utility Plans of Fossil
Lake P.U.D., Second Filing. Improvements to County Road 36 as shown on Engineering
Plans shall be completed with Phase 3 infrastructure.
Developer shall submit the following items to request the final release of
completed road improvements:
(a) A statement must be submitted from an Engineer registered in Colorado
that the road improvements have been completed in substantial compliance with
approved plans and specifications and that the documenting Engineer or his
representatives have made regular outside on -site inspections during the course of
4
construction and the field plans utilized are the same as those approved by Latimer
County.
(b) Test results must be submitted for all phases of this project as per
Colorado Department of Highway Schedule for minimum materials sampling, testing and
inspection as found in CDON Materials Manual and as required by the Larimer County
1?110necr rig Office.
(c) Three (3) copies of the "as built" road improvements plans must be
submitted at the time DeN°eloper requests a final release of completed road improvements.
All deviations from approved plans must be listed and shown on the "as built" plans.
No release of the final non -warranty collateral shall be made until the above listed
items have been submitted.
l ll. Storm Drainage Improvements:
(a) Developer shall construct all storm drainage improvements as shown on
the subdivision Final Plat and in the supporting documents for Second Filing, in
accordance with the plans, specifications,- and the phasing plans as prepared by
Dcvcloper's licensed eneincers and professionals, and approved by the County L:ngineer.
Completion of improvements shall be certified by a professional engineer licensed in the
State of Colorado, stating that the improvements, and facilities, have been constructed in
substantial conforinance with said final development plan documents. Prior to the
issuance of said certification, building permits for 24 lots in Phase 1, 10 lots i❑ Phase 2;
10 lots in Phase 3, and 10 lots in Phase 4, may be issued by Larimer County, subject to
Paragraph 20 below. Release of the final non -warranty collateral is subject to the
submittal and approval of said engineer's certification of approval.
(b) Ten (10) working days prior to the issuance of any certificate of occupancy
(temporary occupancy of model homes and/or recreation center excluded) the portions of
the drainage improvement system that are immediately adjacent to or a part of each lot,
including lot grading required to be constructed on any lot, shall be certified by an
engineer licensed in Colorado confirming that said improvements are completed and
operational in accordance with said final development plan documents. Said certification
Shall confirm that any construction, landscaping, fencing, or other improvements have not
materially interfered with the system'- functionality and adequacy. Furthermore, said
certification shall identify the lot corner elevations and the top of lowest window well or
lowest opening elevations of any improvements, as well as indicate the direction of
drainage away fi-om improvements, swales, drain lines or any other elements that may
facilitate drainage. Said certification shall be submitted to the Latimer County Engineer
who shall fax a copy of the certification to the City of Fort Collins for review. No
Certificate of Occupancy shall be approved unless certification is approved by the
Latimer County Engineer.
5
I%
1. Landscaping Improvements:
Developer shall install the landscaping improvements as required in the Final
Landscape Plans for the Fossil Lake PUD, Second Filing. Completion of improvcments
shall be certified stating that the improvements have been constructed in substantial
conformance with said frnal development plan documents. Building permits and/or
certificates of occupancy shall not be subject to completion of landscaping
improvements; however, the final non -warranty collateral for landscaping improvements
wi I1 be released only upon the receipt of certification of completion.
12. Public Service — Natural Gas:
Developer shall construct improvements as required by Public Service Company
of Colorado to supply the Second Filing with natural gas utility service. Improvements
shall be in accordance with Public Service of Colorado Specifications. In no event,
however, shall Larimer County be responsible for the inspection and/or acceptance of
natural gas utility improvcments to the Second Filing.
13. Citof Fort Collins — Electric:
Developer shall construct improvements as required by City of Fort Collins to
supply the Second Filing with electric utility service. Improvements shall be in
accordance with City of Fort Collins Specifications. In no event, however, shall Larimer
County be responsible for the inspection and/or acceptance of electric utility
improvements to the Second Filing.
14. Telephone and Cable:
Developer shall construct improvements as required by US West to supply the
PUD with adequate telephone and communication utilities. Improvements made shall be
in accordance with US West specifications. In no event, however, shall Larimer County
be responsible for the inspection and/or acceptance of telephone and/or communications
cable improvements to the PUD.
15. "As Built" Plans:
']'lie Developer shall provide to Larimer County, the City of Fort Collins, and/or
the particular service provider (in the case of water and sewer installation) "as built
plans" as prepared by a Professional Engineer for all utilities, drainage detention
structures, road improvements, and any other site improvement constructed in connection
with the development of this PUD. All testing and quality control reports shall also he
provided to the County and City, and must be submitted prior to Final Acceptance.
16. Cost Estimates and Guarantee of Improvements:
Detailed estimates of the costs of completing the improvements required in this
Aerecment are shown in Exhibit D. Developer shall fully comply with the County
6
n
regulations and policies for subdivision improvements, agreements and requests for
release of collateral. County agrees that Developer may construct the improvements in
tool (4) phases as depicted in the Final Utility Plans for Fossil Lake P.U.D., Second
I iling. Each phase shall be accompanied by the appropriate cost estimates and collateral.
If construction of any phases is commenced at any time after one year from the date on
which the 2°d Filing Final Plat is recorded, new cost estimates for such phase shall be
submitted to the County for review and approval.
For each phase, Developer shall furnish collateral to the County for the
completion of the improvements in the form of a Development Loan issued by a federal
or state licensed financial institution. The Development Loan shall state at least the
following:
(a) The Development Loan shall be in the amount of 115 percent of the
estimated cost ofconstructing the improvements.
(h)'File Development Loan shall provide for payment upon demand by
County, if I)cveloper has not performed the obligations specified in this Agreement, and
the issuer has been notified of -such default.
(c) Developer may draw from the Development Loan in accordance with the
provisions of this Agreement, andthe Development Loan Agreement executed as an
Addendum to this Agreement.
(d) The issuer of Uie Development Loan shall guarantee that at all times the
,,,,released portion of the Development Loan shall be equal to a minimum of 115 percent
of the estimated costs of completing uncompleted portions of the required improvements,
based on inspections of the development by the County. In no case shall the
disbursement for an improvement item exceed the cost estimates in this Subdivision
Development Agreement.
(e) The Development Loan shall specify that 15 percent (15%) of the total
cost of the construction infrastructure improvements amount cannot be drawn upon and
will be available to the County until released by the County. This amount will be
considered warranly collateral and will be proportionately allocated to the constriction
infrastructure categories as listed on Exhibit D, based on total cost within each category.
(f) The Development Loan shall specify the date of proposed expiration
which ,shall be the date of release as stated in paragraph (e) above, or two (2) years from
the date of final subdivision improvement acceptance for each construction infrastructure
category listed on Exhibit Ill, whichever shall occur first. Said Development Loan shall
stipulate that in any event, the Development Loan shall remain in full force and effect
until after Larimcr County has received sixty (GO) days written notice from the issuer of
the pending expiration. Said notice shall be sent by certified mail to the Director of
Larimer County Planning Department.
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I
In order to insure compliance with the above requirements, Developer shall
deliver to County for each phase and prior to commencement of construction of
improvements in such phase, a development loan Addendum in a form satisfactory to
County. 'file Addendum shall be executed by Developer, Developer's lender, and the
Board of County Commissioners. The Addendum shall specify that it is an Addendum to
this Agreement and shall include the provisions outlined in subparagraph (a) through (f)
above and such other terms and conditions as the County deems necessary and
appropriate for operation and application of the development loan as collateral for proper
and timely construction of the improvements.
The purpose of the collateral provided by Developer hereunder is to guarantee
hat sufficient fund:; are available for the completion and warranty of the improvements
described.
'file collateral shall be returned to Developer pursuant to the Addendum and the
County regulations and policies for subdivision improvements agreements and requests
m release of collateral. In the event of a conflict between the Addendum and County
regulations and policies, the terms oCthe Addendum shall control.
Ten (10) days prior to the request for Release of Collateral, the City shall be
notified of the request. The City shall schedule an on -site walk through inspection within
Live (5) days of being notified. Within five (5) days of said inspection, City shall provide
the County Engineer with a letter of acceptance of improvements and acceptance to
maintain said iIll pro vcments. In the event improvements are not acceptable, City shall
provide a written description of the deficiencies that do not meet the plans and
specifications to the Developer and the County Engineer. Developer shall make
whatever modifications are necessary to overcome said deficiencies and shall then notify
City and County requesting re -inspection. Re -inspection and approvals shall follow the
time line as described above.
In the event that any portion of the work and improvements have not been made,
installed, completed or performed by the date in paragraph 5 above, the County may have
such remaining work and improvements completed in such means and in such manner, by
contract with or without public letting, or otherwise, as it may deem advisable, and the
County shall be entitled to use the aforementioned collateral for this purpose. In the
event the collateral is not sufficient to complete the improvements required to be
constructed or installed, the County shall be entitled to payment of such excess h) any
way permitted by law. The liability of -the institution issuing the Development Loan shall
not, however, exceed the face amount thereof. The County's consent to release collateral
shall not be considered as an acceptance of such improvements by the County for
maintenance purposes unless the County indicates otherwise. Tltc procedures for
completion of improvements and work by the County and reimbursement to the County
from the collateral shall apply whether there be one or more defaults, or a succession of
defaults on the part of the Developer in performing the terms, conditions and covenants
contained in this agreement.
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17. lm ection:
(a) No construction shall commence without written approval of the County
Fngineer following a pre -construction meeting scheduled by the County Engineer. Pre -
construction meetinf;s and written approval of the County Engineer are required before
commencing construction of improvements in any of the four (4) phases. Developer shall
supply the County a schedule of constriction and shall notify County of commencement
of construction. County Engineer shall notify the City of Fort Collins of the pre -
construction meeting, supply the City with a copy of the construction schedule, and shall
notify file City of the date of commencement of construction.
(h) Inspections of installations of improvements shall be performed by the
City of Fort Collins engnrecrin construction inspectors. 'There shall be no fees paid by
the Developer for said inspections. Said inspectors shall have the authority to halt
construction of any 1"Ortion of the construction that may be found to be out of compliance
with the approved plans and specifications for the development. In the event there is a
dispute over the decisions made by the field inspectors, the Developer shall promptly
notify in writing the City Engineer about the dispute. The City F_ngincer shall convene a
meeting between the Developer, the City Engineer and the County Engineer within two
(2) business days of receipt of the notice, Said dispute shall be resolved at this meeting
by the County Engineer. if the County Erg racer determines that the work is not in
compliance, it shall be corrected by the Developer within the time frame set by County
Engineer, and if not so corrected. the County Engineer may declare the Developer in
default of [hisA recmcnt and the Addendum-
18. Default/Enforcement:
Upon defauh of the provisions of this Subdivision Development Agreement
and/or the Addendum the parties agree that this Agreement may be specifically enforced
by either party or either party may proceed in any other manner authorized by law for a
breach of contract. "file remedies set forth herein are cumulative and the election to use
one shall not preclude use of another. In the event of default by either party, such party
agrees to pay all expenses incurred by the other party occasioned by said default,
including, hill not limited to, a reasonable expense for attorney's fees in enforcing this
Agreement. In addition, the County may,
(a) Demand payment under the Development Loan and use the proceeds to
complete the improvements specified hercin. Nothing herein shall be construed as
requiring the County to complete all of the improvements specified hercin in the event
the proceeds of such Development loan are not sufficient to finance all the
improvements.
(b) Issue a written notice to Developer to appear and show cause why the
subdivision plat shall not be vacated. Giving the notice shall be deemed complete upon
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