HomeMy WebLinkAboutFOSSIL LAKE PUD SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2004-06-14 (2)00
FIRST ADDENDUM
TO
SUBDIVISION DEVELOPMENT AGREEMENT AND
DEVELOPMENT LOAN AGREEMENT
THIS AGREEMENT, effective the J —tday of M
20_Q�, by and among the BOARD OF COMMISSI NERS OF LARIMER
COUNTY, COLORADO ("the County"); Everli 1C.1,L A. Colorado Limited Liability
Company. ("the Subdivider"); and First National Bank of Fort Collins ("the Lender").
W iTNESSETH:
WHEREAS, the Subdivider and the County have, as of 4Toevefoper"s
20�entered into a Subdivision Development Agreement Relating
Obligations in Fossil Lake, P.U.D., Second Filing, in Larimer County, Colorado, (for
convenience hereinafter referred to as"SDA").
WTIEREAS, 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 Agreetent") within 30 days of execution of
this SDA, pursuant to which the Lender shall commit to loan to the Subdivider an amount
sufficient to cover acquisition and development, of Fossil Lake, P.11.D., Second Filing,
(the "Development Loan") as well as security and collateral for improvements described
herein.
WiTEREAS, a 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
construction cos'Is as described on Exhibit D of the SDA.
WHEREAS, the aforementioned SDA Improvements amount will constitute
adequate collateral under the SDA.
NOW, TIIEREFORE, in consideration of the mutual covenants herein, the parties
agree as follows:
l . Construction Loan Proceeds.
(a) The Development Loan proceeds that are identified as SDA
Improvements shall be used only for SDA Improvements as specified in the SDA and for
no other purpose. Said loan proceeds or any portion thereof shall not be released without
prior written approval of the County. If the County determines, in accordance with the
provisions of the SDA or the provisions of this Addendum, that there is a default of the
SDA or this Addendum, the Lender, upon written request by the County, shall release
and pay to the County within ten (10) days all remaining loan proceeds.
(b) In the event that the County determines that a disbursement of
Development Loan proceeds by the Lender is authorized pursuant to paragraph 2 hereof,
then it shall direct disbursement by cXccuth:= an "Authorization to Disburse." The
"Authorization to Disburse" shall be in the form attached hereto and shall be signed by
the L,arimcr 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 otheuwise for said propose.
Ik Findings and Resolution
Fossil Lake PUD
Page 4
subject to the conditions hereinafter set forth. The conditions for approval of the final plats
are as follows:
1. The final plats of the Planned Unit Development are to be completed in strict
conformance with the Master Plan and the Planned Unit Development Resolution for the
County of Larimer, State of Colorado.
2. The final plats shall be in conformance with the revised Preliminary Plat dated
March 27, 1998, and materials and files submitted as part of application file number 98-
MS1195.
3. The proposed farm dwelling unit on the large south parcel must be sited within
a lot.
4. Final plat approval will be provided by Larimer County after review and
comment by the City of Fort Collins. The final construction plans for all required
improvements shall be carefully coordinated with the City of Fort Collins to insure that all
technical requirements are addressed.
5. The conservation easements and resource management plan, addressing the
concerns in the letter from the Parks and Open Lands Department (dated April 3, 1998) and
the Division of Wildlife letter (dated April 2, 1998) must be submitted with the Final Plat
application. Said easements, after approval by Larimer County, shall be recorded with the
Final Plat. The April 3 letter restricts agricultural activity to com crops which by this
approval is expanded to other grain crops or crops in the final approved resource management
plan.
6. Fossil Lake PUD final plats shall not be recorded until a permit has been issued
for the sewer line required to serve the development.
7. Final plat notes regarding payment of required fees for park, schools and
drainage shall be placed on the Fossil Lake PUD plat.
8. A written agreement with the North Poudre Irrigation Company, as outlined in
their letter of February 27, 1998, shall be submitted with the first final plat.
- ? 9. The final plat submittal shall contain a report for review and approval by
Larimer County Public Works which details a fair and proportional improvement program to
County Road 36 and County Road 7. If improvements are front ended by the Fossil Lake
PUD development, the agreement will contain reimbursement provisions in the event other
development is approved by the City or County which will utilize the improvements.
EJ Findings and Resolution
Fossil Lake PUD
Page 5
10. Construction activity within the 1/4 mile study area and, in particular, the core
conservation area, will be scheduled in a coordinated effort with the County so as to limit
disturbance during the wildlife sensitive seasons. The sensitive nesting period of the herons is
of particular importance in scheduling construction activity. Construction activity is defined
as development improvements such as detention areas as well as housing construction.
11. Tree planting, as approved by the Larimer County Parks and Open Lands, shall
be completed along lots 11- 15 (revised plan) to provide immediate screening value.
12. The effective period of the master plan and preliminary plat approval and
statutory vested rights granted to the applicant shall be in accordance with the following
terms:
a. The master plan and preliminary plat shall remain in effect for 10 years
provided that an application for at least one final plat is filed within 18
months of preliminary plat approval. If one final plat is not filed within
18 months of preliminary plat approval, the master plan and preliminary
plat shall expire and be of no further force and effect.
b. Approval of the preliminary plat establishes a statutory vested right in
the preliminary plat for three years pursuant to § 24-63-103 and 104,
C.R.S., 1973, as amended. In order to grant to applicant a statutory
vested right in the preliminary plat which exceeds the three-year period,
the applicant and County shall execute a development agreement
pursuant to § 24-68-104(2), C.R.S. 1973, as amended, which includes
and further defines the terms and conditions stated in paragraphs b. (1),
(2) and (3) below. The development agreement shall be adopted as a
legislative act.
(1) The applicant shall have a vested right in the preliminary plat for
10 years from the date of preliminary plat approval provided that
at least one final plat is filed within 18 months of preliminary
plat approval. If one final plat is not filed within 18 months of
preliminary plat approval, all statutory vested rights in the
preliminary plat shall expire.
(2) The statutory vested rights granted to applicant shall preclude:
(i) application of County regulations which would preclude,
alter, impair, prevent or diminish the land uses, density
Findings and Resolution
Fossil Lake PUD
Page 6
and general layout shown on the preliminary plat for the
10-year term of the vested rights; and
(ii) application of County engineering standards for roads,
sewer and water improvements adopted subsequent to the
preliminary plat approval for a three-year period
following preliminary plat approval, unless such
standards, if not applied, would pose a serious threat to
public health and safety.
(3) Except as provided in paragraph b(2)(ii) above, the statutory vested
rights granted to applicant shall not preclude:
(i) application of County regulations general in nature
applicable to all property which do not preclude, alter,
impair, prevent or diminish the land uses, density and
general layout shown on the preliminary plat;
(ii) application of County regulations under the circumstances
described in § 24-79-105, C.R.S. 1973, as amended.
13. The applicant shall provide a written evaluation of the effects of the development
on the Spring Canyon Ditch.
BE IT FURTHER RESOLVED that this constitutes a site specific development plan, the
approval of which triggers a vested property right pursuant to state and local law. If this
approval is conditional, failure to abide by the terms and conditions will result in a forfeiture of
vested property rights. This site specific development plan shall be deemed approved upon the
date on which this written Findings and Resolution is signed by the Chair, or Chair Pro-Tem, of
the Board of County Commissioners. The Director of Planning shall cause a notice to be
published in a newspaper of general circulation in Larimer County advising the general public
of this site specific development plan approval and creation of a vested property right, such
publication to occur no later than 14 days after this written Findings and Resolution is signed by
the Chair, or Chair Pro-Tem, of the Board of County Commissioners.
Findings and Resolution
Fossil Lake PUD
Page 7
Commissioners Disney, Olson and Clarke voted in favor of the Findings and Resolution,
and the same were thus duly adopted.
DATED this o2-3 ' day of ti� 19
°���Cry, rr3bY N
�SliI
Af°TFS;.. C:
Deputy Clerk
BOARD OF COMMISSIONERS OF
LARIMER COUNTY, COLORADO
By.
Chair
DATE: 10 — 10 - l$
APPROVED AS TO FORM:
f
CER'"CAT10N AND APPROVAL, STATE, ,TS
Kn
own all man u these Sec.presents that EvMlne LLC being the owner(e) of that port of the Section the Northwest Quarter of particularly
n Id. all in Township 8 North, Range 68 West of the Bth P.Ae Count
Coloroao, ban more 9 and port of
9 particularly deec•ibed ae follows,
to-w{!: y of Ldrimer,
A parcel of land being port Of Section g and Part of the Northwest Quarter of Section 18. WI In Township 8
Range 68 West of the 61h P e.1., County of Lorimer, State of Colorado amid acing more particularly
P North,
y described as
Commencing at the `Nest Quarter Corner of Section 9 aria considering the 'Nest line of the Northwest Quarter (NW
IM Of said Section 9 to hear North 00'02' 23" East with al bearings contained heroin rNalivs thereto; Solid
being the 18 Point of 9eginninq; ;Hants along the West Ilne of the. said NW 1/4. North 00'02'23" East a
dietaries of 1g89.4n feet; point
Thence South 87' 57' 07" East, a dlntance of 1032.80 feet: Thance North 02' 02' S3" East, a dlatance of 773.91
sold Section 9; feet to the North Ilna of the NW 1/4 of
Thence along sold North line South 87. 57' 07- east,
Quarter Corner of said Section 9; a distance Of 1599.50 feet to the North
Thence along the East line of said NW 1/4, South 00, 03, 15" West, a distance a( 235705 feat;
Thence North 88, 02' 40" West, a dletcnca of 1252.gr leer,
Themes South 00'03' 15" West, a distance of 282.47 feet to the South Itne of the NW 1/a of said Section 9;
Thence South 51' 28' I8" East, a alstcnce of $61.47 feet:
Thence South 00' 03' 15" west. a distance of 1033.98 leer Thence South 50' 37' 35" East. a distance of 258.87 feet:
Thence South 07' Z3' 00" 'west, a dfstcnce of 185.00 feet: Thence South 23' 42' 00" East, c distance of 138.CC feet, Thence South 13, 38, OC" Weet, a dle[enca o/ 370.00 feet: Thence Sou th Ot• 28' 00" Went, a dletcnce of 212.00 feet:
Thomas South aid 08'00" Weat, 0 distance
3! 235,59 feat to the South Ilne of the sold Section 9;
Thence along Bald South yin e. South BB' CS' 35" East, a alatance of 21tha feet;
Thence South 66' 14' CC" West, a alst-_nea of 1 a1.34 feel:
Thence South 89' 10, OC" West, O alatdncs of 291-34 feet:
Thence South 69' pa' 00" Westo distorae of 399.00 (get:
Thence South 23' 03' cc" west, c distance of 225.00 feet Thence South 11, 13, 00" Thence South 33' 26' 00" :0at o alstcnce of 231.00 feet:
East. a distance of 230.00 feet;
Thence South 66' 08' cc" c
Thence South 79' 13ast. afeet:!stanca of 290.00 lde' 00" East. a diatonce of 202.0C feet:
Thence South 02' 59' Cc" East, a dlstcnca of 154,00 .'set;
Thence South 27' 5900" West, a dlstence of 318.00 feet; Thence North 57. 49' CO" West, a distance of 242.00 feet;
'homes North 8t • 35' Qc" West. a distance of 489.00 (set:
Thence North 60' 56' 00" West, o distance of 301.00 leer, Thence North B8' 14, 00" Weet, a distance of 7p1.00
line. North 00' 1 T 06" East, a distance feet to the West line of Sectlon 14: Then
o! 8eginn�ng. cc along said West
off g92.11 feet to the Southwest Corner of Section 9:
Thence along IM West fine of eo!d S'ectlon 9, North Ca' 10' 24" East, 0 distance of 2545.33 feat to the True Point
Sold parcel of land eontolna 287.742 Acres, mare of Idea rs1
PROPERTY DE`;CRIPIION
A parcel of land being part of the Northeast Quarter (NEI/4) of Section Twenty (20). Township
Six North (T.6N.). Range Sixty—eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.).
County of Lorimer. State of Colorado and being more particularly described as follows:
BEGINNING of the Northeast Corner of said Section 20 and assuming the East line of said
NEI/4 as bearing South 01 43'04" East a distance of 2662.59 feet with all other bearings
contained herein relative thereto:
THENCE South 01 43'04' East along said East line a distance of 2662.69 feet to the East
Quarter Corner of said Section 20:
THENCE South 87 24'14 West along the South line of said NE1/4 a distance of 2374.74 feet to
the Southeast Corner of that parcel of land as described as the ?exception for a reservoir site and
right—of—way for ditch amounting to 24 acres? in Book 1124 on Page 207 as recorded September
7. 1960 n the records of the Lorimer County Clerk and Recorder (LCCR):
Thence long the Easterly and Southerly lines of the oforesaid parcel of land by the following Five
(5) courses and distances:
THENCE North 38 26'46 West a distance of 329.49 feet:
THENCE North 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 4414" Ecst a distance of 429.00 feet:
THENCE North 12 C19'14 East a distance of 859.00 feet to the North line of said NEi/4:
THENCE North 87 i9'02" East along said North line a distance of 1607.25 feet to the POINT
OF BEGINNING.
Said parcel of land contains I LS 384 Acres, more of less (±).
RCFTN # 99002037 01/"q/99 15:10:00 # PAGES - 2 FEE - $.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DC FEE - $.00
AGREEMENT TO EXTEND VESTED R[GHTS
Fossil Lake PUD
THIS AGREEMENT is made this I Oth day of November, 1998, by and between the
Board of County Commissioners of Latimer County, Colorado ('County") and Everline, LLC, a
Colorado limited liability company, 3000 South College Avenue, Fort Collins, CO 80525
('Developer").
WHEREAS, the County has approved the master plan and preliminary plat of Fossil Lake
Planned Unit Development ('Fossil Lake") by Findings and Resolution dated June 23, 1998,
which date is deemed to be the date of approval of the master plan and preliminary plat for
purposes of this Agreement. As a condition of such approval, the County also approved an
extended effective period for such master plan and an extended statutory vesting period for the
preliminary plat; and
WHEREAS, the Developer has submitted the final subdivision plat for Fossil Lake, and
prior to approval of the same, the County needs to legislatively adopt this Agreement regarding
such extended time periods.
NOW THEREFORE, in consideration of the premises, the mutual covenants herein
contained and the approval, execution and acceptance of the plat for recordation by the County, it
is agreed as follows:
1. Approval of the preliminary plat and recordation of the required notice establishes
a statutory vested right in that plat for three years pursuant to C.R.S. Section 24-68-103. The
County hereby confirms its earlier agreement to extend the effective period of the master plan
and to extend the statutory vested rights period for Fossil Lake as set forth below.
2. The master plan shall remain in effect for 10 years from the date of approval,
provided that an application for at least one final plat is filed within 18 months of preliminary
plat approval. If one final plat is not filed within 18 months of preliminary plat approval, the
master plan shall expire and be of no further force and effect.
3. The Developer shall have a vested right in the preliminary plat for 10 years from
the date of preliminary plat approval, provided that at least one final plat is filed within 18
months of preliminary plat approval. If one final plat is not filed within 18 months of
preliminary plat approval, all statutory vested rights in the preliminary plat shall expire.
4. The statutory vested rights granted to the Developer (or its successors or assigns)
shall preclude:
(a) application of County regulations which would preclude, alter, impair,
prevent or diminish the land uses, density and general layout shown on the preliminary
plat for the 10-year term of the vested rights; and
(b) application of County engineering standards for roads, sewer and water
improvements adopted subsequent to the preliminary plat approval for a three-year period
following preliminary plat approval, unless such standards, if not applied, would pose a
serious threat to public health and safety. /
5. Except as provided in paragraph (4)(b) above, the statutory vested rights
granted to the Developer shall not preclude:
(a) application of County regulations general in nature applicable to
all property which do not preclude, alter, impair, prevent or diminish the land
uses, density and general layout shown on the preliminary plat;
(b) application of County regulations under the circumstances
described in Section 24-68-105, C.R.S. 1973, as amended.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
10`s day of November, 1998.
DEVELOPER:
EVERLINE, LLC, a Colorado
limited liability company
By: DOUBLE E&G, INC., a
Colorado torpor ion, r
By:
David Everitt, President
LARIMER COUNTY BOARD OF
COUNTY COMMISSIONERS
AIIES1:
By:
Named
De TECer " Chair to the Board
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 10ei day of
November, 1998 by David Everitt as President of Double E&G, Inc., Manager of
Everline, LLC.
..� O,PV� E
Notary Public ` �tOTARy
Fl 41
My Commission expires: July 28, 2001 t PUBLIC
0
(d) The County agrees that upon final release of the SDA, all
remaining Development Loan proceeds, if any, shall be released to the Subdivider
through an appropriate Authorization to Disburse.
2. Request for Disbursement Procedures.
(a) The Subdivider shall enter into appropriate agreements with
construction subcontractors representing the various respective line items of work stated
on Exhibit D of the SDA. The Subdivider shall inform subcontractors of the terms ofthis
Addendum. The Subdivider shall also enter into an agreement with an engineer
registered in Colorado ("the Subdivider's Engineer"), who shall inspect the SDA
Improvements and represent the Subdivider in matters pertaining to inspection and
certification of SDA Improvements required herein.
(b) Whenever the Subdivider shall desire authorization for
disbursements and, as a condition thereto, the Subdivider shall deliver to the Director of
Planning of the County of Latimer 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 Port Collins. It shall include the following attachments:
(1) A signed and sealed certification from the Subdivider's
Hngincer 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 he
accompanied by "as -built" plans in accordance with the requirements of the County.
Said plans shall be reviewed by the City of Foil Collins and accepted by the County.
(S) Any final requests for landscaping improvements shall be
accompanied by a copy of the approved landscape plan with all deviations from the
approved plan listed and shown on the plan.
(c) Requests for final release of water and sewer improvements shall
be accompanied by a letter of acceptance and maintenance and responsibility by the
special district. The request for final release for water and sewer lint improvements may
be made by the Subdivider ai any time and shill be authorized by the County the same
day a complete request is submitted.
;(1) Other utilities, such as electricity, gas, telephone, and television
cable, shall not be a part of this Addendum. Each utility shall be, responsible for its own
inspection and approval work, and payment for that work shall be a separate and distinct
obligation of the Subdivider and funds utilized for payment of work directly relating to
the installation of electricity, gas, telephone, and cable television have not been included
as SDA Improvements. Notwithstanding anything contained herein, the County shall not
release the Subdivider from the obligations of the SDA until such time as written
documentation is provided to the County that electricity, was, and telephone services are
installed and approved.
(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 reccipt of the request.
(1) 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 1 arimer County
Director of Planning or his designated representative.
(g) Upon receipt of Authorization to Disburse, Lender shall disburse to
Subdivider, or party identified in Authorization to Disburse form, au amount equal to the
authorized amount, concurrently reducing the total Development Loan principal amount
equivalent to 10°/, of the authorized amount, thus leaving 5°/, of the total cost of the SDA
Improvements in place as warranty collateral.
(h) Authorization by the County of any disbursement shall not relieve
the Subdivider or its subcontractors of their responsibility to correct any defects in the
work or to correct any work not installed in accordance with approved plans or to repair
any works destroyed or damaged by natural events or other causes.
(:) In the event the County denies or partially denies a Request for
Disbursement, the County shall give the reason for denial in writing to the Subdivider.
Upon request by the Subdivider, the County shall hold a meeting with the Subdivider to
review the decision for denial. If the County determines it is appropriate to authorize
additional disbursement, the County shall immediately authorize such additional
disbursement. After- the meeting, the Subdivider may request a meeting with the Board
OF County Commissioners to appeal any staff decision. The meeting with the Board of
County Commissioners shall be held within fourteen (14) working days of the County's
receipt of the Subdivider's written appeal request. The decision of the County
Commissioners shall 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) reinspection fee.
(lc) 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 teens of this Addendum, shall not be construed as acceptance or final approval by the
County of the work performed.
3. Default of SDA and/or Addendum to SDA.
(a) This Addendum shall be in default if the Board of County
Commissioners finds the SDA to be in default in accordance %vith the provisions therein
contained.
(b) In the event of default of the terms of this Addendum,
disbursements under the Loan Agreement shall cease until such time as the default is
corrected by the Subdivider. In the event the County determines that the Subdivider has
materially breached the SDA and such breach has not hccn corrected by the Sub(livider,
the County shall give written notice of such breach to the Subdivider and the bender,
whereupon the Lender shall cease any and all disbursements under the Loan Agreement
for SI)A Improvements to the Subdivider and, upon written request of the County, shall
make appropriate disbursements to the County for SDA Improvements. which shall
contract (or completion of the SDA Improvements. The parties hereto acknowledge that
pursuant to the terms of the Loan Agreement, the lender has committed to lend to the
s
4
Cl)
Subdivider an amount in excess of the amount necessary to complete the SEA
Improvements. Notwithstanding the total amount of the loan to be made by the Lender to
the Subdivider, upon default by the Subdivider the Lender shall have no obligation to
advance to the County for the SDA Improvements any amount in excess of the total
Development Loan, less all amounts previously advanced to the Subdivider for the SDA
Improvements pursuant to the terms of this Agreement.
4. Warranty. The parties hereto acknowledge that pursuant to County
policies concerning SDA's and other agreements between Subdivider and Latimer
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 infi-astricture categories as listed on Exhibit D of the SDA, based on total
cost within each category. Warranty collateral funds shall be available to Latimer
County upon default by Subdivider, as provided in the SDA. Expiration of the
Development Loan or portions thereof securing said funds shall occur upon written
release by Latimer County, or two (2) years from the date of final subdivision
improvement acceptance for each construction infrastructure category listed on Exhibit D
of the SDA, whichever shall occur first.
5. Miscellaneous.
(a) Further Assurance Fach of the parties hereto, for itself and its
respective successors, agrees to execute and deliver any and all instruments and
documents and to do nny acts or things reasonably necessary, proper, or appropriate for
the full perfou�nance and the due effectuation of this Addendum.
(b) Waivers;_ Modification. No waiver, amendment, or modification of
any term, provision, condition, covenant, or agreement herein contained shall be effective
unless set forth in writing and signed by all of the parties hereto, which specifically sets
forth such waiver, amendment, or modification, and such waiver, amendment, or
codification shall be effective only to the extent set forth in such writing.
(c) Severabilfty. 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 unernforceability without invalidating the remaining provisions
hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction.
(d) Addendum. This Addendum supplements the Subdivision
Development Agreement dated 3 J o/and is subject to the provisions of the
Larinner County Subdivision Resolution. In the event of conflict between this Addendum
and the County regulations or policies, this Addendum shall control.
(e) Number and Gender. Words in the singular shall include the
plural, and words in a particular gender shall include either or both genders, when the
context in which such words are used indicates that such is the intent.
(f) Successors and Assigns. The terms and provisions of this
Addendum shall be binding upon and shall inure to the benefit of the successors and
assigns of the respective parties.
(g) Notice. Whenever ruder the terms of or in connection with this
Addendum it becomes necessary, proper, or desirable for one party to give notice to the
other, such notice shall be given by registered or certified mail, postage property
prepared, addressed to the parties to whom the address is to be given as follows:
If to the Subdivider, to:
Everline, LLC
C/o Everitt Companies
3030 South College Avc.
P.O. Box 2125
4
4
Fort Collins, CO 80522
If to the County, to:
Larimer County Director of Planning
P.O. Box 1190
Fort Collins, CO 80522
If to the Lender, to:
Mr. Jim Tripp
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
to
gether shall constitute but one and the same instrument. The undersigned individuals
represent that they are fully authorized to execute this Addendum on behalf of the
respective parties.
(i) Governing Law. The validity, interpretation, effective legal
requirements, and legal consequences of this instrument or arising out of -or in connection
with the subject matter thereof shall be determined in accordance with and governed by
the laws of the State of Colorado.
(I) Non -Waiver. Inaction of acquiescence by a nonbreacttill g party in
connection with any breach of any term, provision, condition, covenant, or agreement
herein contained or in connection with airy default or event of default hereunder shall not
constitute a waiver of such breach, default, or event of default, and such nonhreaching
party may, at any time thereafter, exercise all rights herein or at taty conferred on account
thereof.
(k) C_ormty Not Guarantor. By execution of this Addendum, the
County does not become and shall not be construed to be a gtiarantor or surety of any
land with respect to the construction loan made by the Lender to the Subdivider, and the
County shall havc no obligation or liability for repayment ofthe construction loan.
IN WITNESS WHEREOF, the parties hereto have executed this Ad,de�ft*,i
IN -
tile dale first above written.
o"
k
BOARD OF COUNTY COMMISSIONERS ATTEST: (Seal)
OFLARIMT.RCOFNTY„COLORADO
f3y''?l�l�J�--�' I3Y:tz._/
('tairn an Deputy CICUk
STATE OF COLORADO
)
) ss.
COUNTY OF LARIMER
)
The foregoing ins rument + s acknowledged before me this Ile,/ day of �.
o' t
20 1by Ar
�
�F --
as I A _
m#nos unrhand and official
seal.
CdIII Aon Expires`-1a
11 a
llotaiy Public
5
(r 1t'
Subdivider:
Everline, LLC, A Colorado Limited liability Company
BY: Double E&G, Inc.,
A Colorado Corporation, Minager
BY: _ (Seat)
David Everitt, President
STATE OF COLORADO
) ss.
COUNTY OF L.ARTMER )
The foregoing instrument was acknowledged before me this day
7tlGcc$Q�f.,f�he CL�t by¢rllWitness my hand and official seal. My Commission Expires: 1-Zg-OINotary PublicBank:
First National Bank of Fort ins
RyY
Title:
r1\-Qse�G �
STATE OFCOLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was
20 - ' by
edged before me this _ day of
as of
Witness m and and official seal.
My C0 7iission Expires:
Notary Public
6
RCPTN # 98052675 06/24/98 12:49:00
# PAGES
- 9 FEE -
$.00
M RODENBERGER RECORDER, LARIMER COUNTY
CO STATE
DOC FEE -
$.00
FINDINGS AND RESOLUTION
Approving the Master Plan and Preliminary Plat
of Fossil Lake Planned Unit Development
The Petition for the Fossil Lake Planned Unit Development upon the property
described on Exhibit "A" attached hereto has heretofore been filed with the Board of County
Commissioners of the County of Larimer.
The Larimer County Planning Commission on March 16, 1998 reviewed the proposed
Planned Unit Development and having duly considered the same recommended that it be
approved subject to certain conditions, which conditions have either been satisfied or are
incorporated herein.
On April 6, 1998 in the County Board Hearing Room of the Larimer County
Courthouse, Fort Collins, Colorado, the Board of County Commissioners of the County of
Larimer conducted a public hearing on said Master Plan and Preliminary Plat of this Planned
Unit Development. The Board of County Commissioners having heard the testimony and
evidence adduced at said hearing, and having considered and carefully weighed the same, and
having received the recommendations of the County Planning Staff, now makes the following
findings:
1. Notice: of this hearing upon the Master Plan of the proposed Planned Unit
Development has been duly advertised in a local newspaper of general circulation as required
by law.
2. Written notice of this hearing has been delivered or mailed, first class, postage
prepaid, to adjoining landowners of the proposed Planned Unit Development as required by
law.
3. The County Planning Staff and County Engineer have made certain
recommendations concerning this Planned Unit Development which recommendations are
contained in the agenda for the April 6, 1998 meeting of the Board of County Commissioners
and are filed with the record of this proposal.
4. The Fossil Lake PUD consists of two separate non-contiguous parcels. The
total acreage in the two parcels is 426.6 acres. There are 287.7 acres in the North Parcel and
138.9 acres in the South Parcel. The Development parcel is located on the North side of
Fossil Creek Reservoir and the parcel for which a conservation easement is to be donated is
located South of County Road 32. The applicant proposes to transfer density from the South
parcel to the North parcel for purposes of dividing the North parcel into a mixed use
development of 486 residential units, a 7.5 acre parcel for a neighborhood center or multi-
family area of up to 80 units and a private open space parcel out parcel adjacent to Fossil
Creek Reservoir.
Findings and Resolution
Fossil Lake PUD
Page 2
5. Plans for these parcels are:
South Parcel: The 138.9 acre south parcel is currently zoned AP -Airport and a
significant portion of the parcel is located in the designated critical flight path area. In
addition the portion adjacent to Duck Lake is located in the '/4 mile Resource Management
area depicted in the Fossil Creek Area Plan. Most of the property is currently being farmed
and is also utilized fDr duck hunting during hunting season. There are two existing dwellings
on the property.
No change in zoning is proposed. The proposal will create two lots around the
existing dwelling units on the south parcel and have a new farm help house on the remaining
parcel. The applicant has agreed to record a perpetual conservation easement on the south
parcel which will prevent future development, establish conservation management practices
for the parcel and restrict the parcel in regards to the critical flight path designation related to
the AP -Airport Zone. The conservation easement will be reviewed by the Division of
Wildlife, the Fort Collins Natural Resources Department and a recommendation provided by
the Larimer County Open Lands Department at the time of the first final plat submittal. It is
proposed that the conservation easement be held by an appropriate party designated by
Larimer County.
North Parcel: The north parcel is currently zoned FA-L A significant portion of the
parcel is located in the proposed Resource Management area on the north side of Fossil Creek
Reservoir. The parcel is currently irrigated farm. There is one existing structure on the
property which will be removed. The applicant proposes a mixed use neighborhood of at
least three housing types and the components of a neighborhood center mixed use. The
number of dwelling units proposed is not to exceed 566. This includes 6 rural lots on the
south, 58 patio homes, 369 conventional single family homes, I estate lots and 42 large lots
and the future mixed use lot. This totals 486 lots. In addition, the applicant is requesting that
if another mixed use: center is developed in the area before the one proposed within this
development, then an additional 80 unit multi -family units are proposed to replace the area
sited for the mixed use. If this option was approved and developed, the total units for the
north parcel would be 566.
6. The applicant's proposal meets the requirements of the Fossil Creek Reservoir
Area Plan, the requirements of the LMN Q units per acre) mixed neighborhood concept of
the Fort Collins City Plan, the required Urban Development Standards are included in the
proposal, and the requirements of the Resource Management Area as outlined in the Fossil
Creek Planning document are met. In addition, by utilizing the non-contiguous PUD
approach, the project is the first major application reviewed by Larimer County that is
attempting to achieve the expressed goals and objectives of the Transfer of Developments
Units program being development by the TDU task force. Considering the changing
Findings and Resolution
Fossil Lake PUD
Page 3
environment of these various standards, plans and programs, the applicant has submitted a
development plan that meets the expected criteria.
7. The Larimer County Health, Engineering and Open Lands Departments, the
City of Fort Collins, as well as other reviewing agencies, have reviewed this proposal and
have stated their recommended conditions of approval of this project.
8. The proposed PUD meets the criteria of the Larimer County Zoning
Resolution, the Larimer County Planned Unit Development Resolution and the Larimer
County supplemental regulations for the Fossil Creek area, and appendix I of the revised
Intergovernmental Agreement.
9. The approval of this subdivision, with the certain conditions, will not adversely
affect the health, safety or welfare of existing residents or the natural resources of the area.
10. Because the applicant will be providing a conservation easement on the entire
property at the time of the first final plat and because of the size and phasing of the
development, a longer statutory vesting period for the preliminary plat approval is warranted.
Such extended vesting period is provided for by § 24-68-104(2) C.R.S. 1973.
11. To approve this Planned Unit Development as recommended by the County
Planning Commission and upon the conditions hereinafter set forth would thus promote the
harmonious development of the area, would be in the best interest of the people of Larimer
County, would increase the tax base, and would promote the convenience, prosperity and
general welfare of the immediate inhabitants of the area.
RESOLUTION
WHEREAS, the Board of County Commissioners has made its findings upon the
application for a Planned Unit Development and upon the resolution of the Larimer County
Planning Commission, which findings precede this resolution, and by reference are
incorporated herein and made a part hereof; and
WHEREAS, the Board of County Commissioners has carefully considered the
application, resolution, evidence and testimony presented to it, and has given the same such
weight as it in its discretion deems proper, and is now fully advised in the premises;
NOW, THEREFORE, BE IT RESOLVED that the Fossil Lake Planned Unit
Development Mastei Plan for 566 units, including the neighborhood center and patio home
area, and the Preliminary Plat for 489 total units on the North and South parcels as proposed
on the property described on Exhibit "A" attached hereto be and the same hereby is approved