HomeMy WebLinkAboutWESTCHASE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-06-16JUN 27 '01 09:40RM SECURITY TITLE P.11i11
have been constructed in substantial conformance with said plans. Building permits and/or certificates of
occupancy shall not be subject to completion of landscaping improvements, however, the final noit-warranty
collateral for landscaping improvements will be released only upon the receipt of a cerff cation of completion. As
Developer completes each segment of construction of the P.U.D. (each segment to be identified by Developer to the
County prior to commencement of construction of that applicable segment), Developer will install the landscaping
adjacent thereto as provided in the landscaping plan on file with the County, except for landscaping that may be
damaged by adjacent ,censtruction activities. When the aforesaid construction activities are completed, weather
peamittiog, any uncompleted prior segment phase which remains uncompleted shall be promptly completed, except
that the owners of the fire station and the church site within the Neighborhood Center shall be responsible for
completing the landscaping adjacent to their respective sifts prior to the issuance of a certificate of omipaney for
such developed site,
10. Public Service - Natural Gas:
' Developer shall construct improvements as required by Public Service Company of Colorado to supply the
P.U.D. with natural gas utility service. Improvements shall be in accordance with Public Service of Colorado
Specifications. In no event, however, shall the County be responsible for the inspection and/or acceptance of
natural gas utility improvements to the P.UD.
11. Poudre Valley REA and City of Fort Collins - Electric:
Developer shall construct improvements as required by Poudre Valley REA to supply the P.U.D. with
electric utility service. Improvements shall be in accordance with Poudre Valley REA Specifications. In no event,
however, shall the County be responsible for the inspection and/or acceptance of electric utility improvement; to
the P.U.D. Upon annexation of the P_U U.D. property to the City, Poudre Valley REA and the City shall conduct the
changeover of electric source to the City.
12. Telephone and Cable:
Developer shall construct improvements as required by an approved County franchise (
"Telecommunications Provider") to supply the P.U.D. with adequate telephone and communication utilities.
Improvements made shall be in accordance with Telecommunication Provider Specifications. In no event,
however, shall the County be responsible for the inspection and/or acceptance of telephone and/or communications
cable improvements to the P.U.D.
13. "As Built" Plans:
The Developer shall provide to the County, the City and/or the particular service provider (in the cue of
water and wwcT 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 the P.U.D. All testing and quality control reports shall also be provided to the County and the City
and must be submitted prior to final acceptance of the particular infrastructure improvements.
14. Cost Estimates and Collateral:
14.1 Cost Estimates. Detailed estimates of the costs of completing the improvements.
required in this Agreement are shown on Exhibit "G-, attached hereto and incorporated herein by
- — referentx Developer shall fully comply with the County regulations and policies for subdivision
improvements, agreements and requests for release of collateral provided herein. Developer shall not be
required to ruttish any collateral at the time of the filing of the Final Plat but, rather, shall furnish such
collateral prior to the commencement of construction of any of the particular improvements described on
the construction plans.
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14.2 CpllDeveloper shall furnish collateral to the County for the completion of the
improvements in a form which complies with all of the City's requirements for collateral for the
completion of required public improvements.
14.3 Phasing, The Developer may designate segments of the P.U.D. for construction. In
such event, prior to construction, Developer will provide the required collateral for that particular segment
and all improvements located on or adjacent to such segment. Prior to the commencement of the
applicable segment. Developer will also post collateral sufficient to guarantee the overall lot grading of the
F.U.M. the erosion control and applicable infrastructure serving the first and subsequent segments of
cortmcdon.
15.1 ion Meatina. No construction shall common without written approval of
the County Engineer following a pre -construction meeting scheduled by the County Engineer at which a
representative, of the City may be present. Developer shall supply the County a schedule of construction
and shall notify the County of commencement of construction. 'no County Engineer shall notify the City
of the pre-conatruction meeting, supply the City with a copy of the construction schedule and shall notify
the, City of true date of commonccment of construction.
15.2 Inspections of installations of improvements shall be performed by the City
in accordance with the intergovernmental Agreement. Said inspectors shall have the authority to halt
construction of any portion of the construction that may be found to be out of compliance with the Utiilty
Plans, In the event there is a dispute ever the decisions made by the field inspectors, the Developer shall
promptly notify in writing the City Engineer about the dispute. The City Engineer 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 decision of the County
Engineer. if the County Engineer determines that the work is not in compliance, it shall be corrected try
the Developer within the timeframe set by the County Engineer, and if not so corrected, the County.
Engineer may declare the Developer in default of this Agr=mcnt. The inspection fees shall be paid to the
County. The inspection fee shall be S150.00 for each single-family lot and S400.00 for each commensal
lot, and there shall be no additional fees imposed by the County or any successor in interest.
15.3 Constmctionlalxantieg. The development of lots, tracts and outlets of the P.U.D, shall
be inspected and warranted in accordance with adopted policies of the County as of December 10, 195S.
Two.year warranty poriods guaranteeing against defects in materials and/or wodanansltip for each
category of construction infiastmcnim improvements, as described on the attached Exhibit "G", shall
begin upon final contraction acceptance by the County of each coastmcdon infrastructure improvernem
category, and the County shall have the right to extend the warranty period for an additional year for
items that have been found and identified in writing to the Developer as defective and have been cotrtcted
by the Developer.'
15.4 Develooment Fees. Developer shall pay for all of the development fees to the County in
accordance with the County development fire schedule.
16. Iniraatructurc Maintenance-
1.arinw County and the City have agreed in the Intergovernmental Agreement that the City will assume
routine maintenance anus inspection of public improvements, after the warranty period has run, in accordance with
tho Intorgovemrronta➢ Agreement.
I If the P.U.D. property is annexed, this Subsection will not apply and Subsection 2.4 of
this Agreement will govern public infrastructure warranties.
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SUN 27 '01 0B;41RM SECURITY TITLE P.2i11
Upon the expiation of the applicable warranty period for public infrastructure improvements within the
P.U.D., the maintenance of the public imptovomeats identified in the Utility Plans shall be the responsibility of the
City in accordance with the Intergovernmental 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 the P.U.D. Such cooperation may include,
but shall not be limited to, the commencement of litigation to enforce the City's obligations.
17. Ianranee of] !mod g Permitat
17.1 Definition For the purposes of this Agreement, "Building Permit" shall mean any
permit to begin work to construct a building on the site, including permits for footings and foundations.
Unless otherwise described, the Developer acimowledges and agrees that Building Permits 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 storm drainage or
detention facilities, and drainage improvements, immediately adjacent to the lot for which a Building
Permit is sought. The County may restrict the issuance of Building Permits or certificates of ocoupaulcy if
construction is not in compliance with the time periods set forth in this Agreement.
17.2 Pire Station/Church(Model Homes. A fire and emergency services station and a church
nr8y be constructed in the Neighborhood Center, and certain model homes may be constructed in the
Residential Parcel. It is acknowledged and agreed by Developer and the County that full Building P121nits
for said construction may be issued upon the installation of adequate fire protection in the vicinity of lots
specified for such purposes as well as adequate temporary construction accesses to each such specified site.
Full Building, Permits for these proposed improvements shall not be subject to the requirements of
Subsection 177,1 of this Agreement.
is. Transfer of Property and Release:
This Agreement is intended to provide for the orderly construction of structures and other improvements
on the P.U.D. As such, this Agreement shall be binding on and inure to the benefit of the parties hereto and their
respective successors, assigns, transferees, heirs and personal representatives and shall be a servitude running with
the P.U.D. The County and any successor town or city may enforce this Agreement against such subsequent
owners and those holding under them. Likewise, the Developer, or any of its successors or assigns, may enforce
the terms of this Agreement against the County or Its successors. In the event the Developer transfers title to an
entire phase of the P.A.D. property (i.e. the Phase 1 Residential Parcel, Phase 2 Residential Parcel or any sep;uate
lot within the Neighborhood Center) and is thereby divested of all equitable and legal interest in such phase cf the
P.U.D. property, the Developer shall be released from liability for such phase trader this Agreement with respect to
any breach of the to s and conditions of this Agreement occurring after the date of any such transfer of intemst
In such event, the succeeding property owner shall be bound by the terms of this Agreement.
19. SplallilLMI Recordatkon.
The Developer shall file for recording with the County Clerk and Recorder this Agreement, deeds and/or
any other documents required as part of the approval by the County of the P.U.D.
20. Idability and Indemnirreation:
20.1 Develoner's Bgrgigntation. The County's review and approval of any plans or
drawings or inspection and approval of any improvements to be contested by Developer under this
Agreement do not constitute a representation, warranty or guarantee by the County that such
improvements are fee from defects or will operate adequately for the purpose intended. The Devcic per of
the P.U.D. will have no further responsibility for maintenance, repairs or replacement of improvements
after expiration of the warranty period and acceptance of such improvements for maintenance in
accordance with Section 2,11 of the Intergovernmental Agreement. In accordance with the provisions of
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JUN 27 '01 08.42AM SECURITY TITLE P.3i11
4 the Fossil Crock Plan and the Intergovernmental Agreement, the City is required to provide maintenance
for such improvements after expiration of the warranty period in accordance with the Intergovernmental
Agreement
20.2 Tlotice to Property Q23lgL Developer shall have the right to insert in the Declaration of
Covenants, Conditions and Restrictions the notification to property owners that neither the County nor
Developer shadl have responsibility for further maintenance and repairs after the expiration of the required
warranty period in accordance with the Intergovernmental Agreement
20.3 Environmental nditions . The Developer specifically represents that to the best edits
knowledge, all portions of the P.U.D. property dedicated (both in fee simple and as easements) to the
County are in compliance with all environmental protection and anti -pollution laws, rules, regulatiors,
orders or requirements, including solid waste requirements, as defined by the U. S. Environmental
Protection Agency Regulations at 40 C.F.R-, Part 261, and that such portions of the P.U.D. as are
dedicated to llteTounty pursuant to this Agreement, are in compliance with all such requirements
pertaining to the disposal or existence in or on such dedicated property of any hazardous substances,
pollutants or contaminants, as defined by the Comprehensive Environmental Response Compensation and
Liability Act of 1980, as amended, and regulations promulgated thereunder. The Developer does hereby
indenu* =I hold harmless the County from any liability whatsoever that may be imposed upon Litt:
County by any governmental authority or any third party, pertaining to the disposal of hazardous
substances, pollutants or contaminants and cleanup necessitated by leaking underground storage tams,
excavation and/or backfill of hazardous substances, pollutants or contaminants or on ironmental cleanup
responsibilities of any nature whatsoever on. of. or related to any property dedicated to the County in
connection with the P.U.D., provided that such damages or liability arc not [Bused by circuumstances
arising entirely after the date d'acceptance by the County of the public improvements constructed on the
dedicated property, except to the extent that such circumstances are the result of acts or omissions of the
Developer. Said indemnification shall not extend to claims, actions or other liability arising as a result of
arty hazardous substance, pollutant or contaminant generated or deposited by the County, its agents or
representatives, upon portions of the P.U.D. dedicated to the County in connection with this Agreement
The Countyy agrees to give notice to the Developer of any claim made against it to which this indemnity
and hold harmless agreement by the Developer could apply, and the Developer shall have the nght to
defend any lawsuit based on such claim and to settle any such claim, provided Developer must obtain a
complete discharge of all County liability through such settlement, Failure of the County to give notice of
any such claim to the Developer within ninety (90) days after the County first receives a notice of such
claim under the Colorado Governmental Immunity Act for the same shall cause this indemnity and hold
harmless agreement by the Developer to not apply to such claim, and such failure shall constitute a release
of this indemnity and hold harmless agreement as to such claim,
20.4 Groundwater Seepage, The County shall not be responsible for, and the Developer
hereby agrees to indemnify and hold harmless the County against, any damages or injuries sustained in
the P.U.D. as a result of groundwater =page or flooding, structural damage or other damage unless such
damages or injuries are sustained as a result of the County's lbiilure to properly maintain its storm
drainage facilities in the P.U.D. The County agree to give notice to the Developer of any claim made
Against it to which this indemnity and hold harmless agrecmcnt by the Developer could apply, and the
Developer shall have the right to defend any lawsuit based on such claim and to scale any such claint,
provided Developer must obtain a complete discharge of all County liability through such settlement.
Failure of the County to give notice of any such claim to the Developer within ninety (90) days after the
County first receives notice of such claim under the Colorado Governmental Immunity Act for the same,
shall cause this indemnity and hold harmless agreement by the Developer to not apply to such claim, and
such failure shall constitute a release of this indemnity and hold harmless agreement as to such clalrt.
20.5 Indemnification Regarding $roan Drainage Facilities. All storm drainage facilities
shall be so designed and constructed by the Developer as to protect downstream and adjacent properties
against Injury and to adequately serve the P.U.D. The Developer shall meet or exceed the minimum
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requirements Ibr storm drainage facilities as have been established by the County in its Drainage Master
Flams and Design Criteria The Developer does hereby indemnify and hold harmless the County fora any
and all claims that might arise, directly or indirectly, as a result of the discharge of injurious storm
drainage or seepage waters from the F.U.D. in a manner or quantity different from that which was
historically discharged and caused by the design or construction of the storm drainage facilities, except
for: (1) such claims and damages as are caused by the acts or omissions of the County in maintenance of
such ftcilities as have been accepted by the County for maintenance; (2) errors, if any, In the general
concept of the County's master plans (but not to include any details of such plans, which details shall be
the responsibility of the Developer); and (3) specific written or otherwise documented directives that may
be given to the Developer by the County. The County agrees to give notice to the Developer of any claim
made against it to which this indemnity and hold harmless agreement by the Developer could apply, and
the Developer shall have the right to defend any lawsuit based on such claim and to settle any such claim,
provided Developer must obtain a complete discharge of all County liability through such settlement,
Failure of the County to give notice of any such claim to the Developer within ninety (90) days after the
County fast receives a notice of such claim under the Colorado Governmental Immunity Act for the same
shall cause this indemnity and hold harmless agreement by the Developer to not apply to such claim, and
such failure shall constitute a release of this indemnity and hold harmless agreement as to such Ofaint.
Approval of and acceptance by the County of any storm drainage facility design or construction shall in no
manner be deemed to constitute a waiver or relinquishment by the County of the aforesaid
indemnification. The Developer shall engage a Colorado licensed professional engineer to design the
storm drainage facilities as aforesaid. and it is expressly affirmed hereby that such engagement shall be
intended for the benefit of the County and subsequent purchasers of property in the P.U.D.
21. Homeowner Association and Annlhahle Covenants:
At the Limo olf the recording of the Final Plat, the Developer shall deed to Wcstchase Community
Association any parcels or tracts for open space for the Residential Parcel; provided, however, the Declaration of
t^,ovcnants, Restrictions and Conditions (the "CCRs"), and the granting deed shall expressly reserve to Developer
the right to color the deeded area for the purpose of construction and maimcnancc of the improvements for such
arras as shown on tho approved construction plans (tire "Entry Rights") until such time as the Developer has
completed the necessary construction and maintenance In such area needed to complete the overall development. at
which time Developer will quitclaim the Entry Rights to the Westchasc Community Association. fn the event of
any conflict between the terms of this Agreement and any amendments thereto and the terms of the CCRs, the
terms of this Agreement shall supersede and be controlling.
22. Mlseellaneotgf;
22.1 i�Au itadcs and WKWU Signs, The Developer agrees to provide and install, at its
expense, adequate barricades, warning signs and similar safety devices (In accordance with the Utility
Plans) at all construction'sites within the public right -of --way and/or other areas as deemed necessary by
the County Engineer and shall not remove said safety devices until the construction has been complfxcd.
22.2 Waste Material andbbish. The Developer shall, at all times, keep the public ri;gM-0f-
way free font accumulation of waste material, rubbish or building materials caused by the Developer's
operation or she activities of individual builders and/or subcontractors; shall remove such rubbish as often
as necessary but no less than daily and; at the completion of the work, shall remove all such waste
materials, rubbish, tools, construction equipment, machinery and surplus materials from the public right-
of-way. The Developer further agrees to maintain the finished street surfaces so that they are free fivm
— R dirt caused by the Developer's operation or as a result of building activity. Any excessive accurnuislon of
dirt and/or construction materials shall be considered sufficient cause for the County to withhold Bidldlmg
Permits and/or cortificatcs of occupancy until the problem is corrected to the satisfaction of the County
Engineer. If the Developer fails to adequately clean such streets within two (2) days after receipt of
written notice, the County may have the streets cleaned at the Developers expense, and the Develoler
altall be responsible for prompt payment of all such costs. The Developer also agrees to require all
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JUN 27 'oi oe:43Arl SECURITY TITLE P.5i11
cunt mclors within rho P.U.D. to keep the public right-of-way clean and free from attvmulation of din,
rubbish and building materials.
22.3 CaMbHgMe MMqlj& No combustible material will be allowed on rho site until a
permanent water system Is installed by the Developer and approved by the County.
22.4 Windv Cottdil nLnn@ 7'he Developer hereby agrees that it will require its contractors and
subcontractor; to cooperate with the County's oodshuction inspectors by ceasing operations when winds
are of trnffictent velocity to create blowing dust which, in rho inspectors' opinion, is hazardous to the
public health and welfare.
22.5 WiftnidinnofBuildinepgrmiWGntificatestrfOecuoancv. The Developer shalt,
pursuant to the tams of this Agreement, Complete all improvements and perform all other obligatiorm
required herein, as such improvements or obligations may be shown on the final development plan
documents. or any documents executed in the future that arc inquired by the County for the approval of an
amendment to a development plant, and the County may withhold such building perunits and ceruflc teams of
occupancy as it deems necessary to ensure performance in accordance with the terms of this Agreement.
22.6 Binding A.1, This Agreement shall run with the F.U.D. and shall be bindhrg
upon and inure to the benefit of the parties hereto, their respective personal representatives, hoits,
successors, grantees and assigns. It is agreed that all improvements required pursuant to this Agreemeut
touch and concern the P.U.D. regardless of whether such Improvements ate located on the P.U.D.
Assignment of interest within the meaning of this Subsection 22.6 shall specifically include, but not ltc
limited to, a conveyance or assignment of any portion of the Developer's legal or equitable interest in the
P.U.D., as well as any assignment of the Dovcloper's rights to develop the P.U.D. under the tern and
conditions of this Agreement
22.7 Transft In the event the Developer transfer$ title to the P.U.D. and is thereby
divested of all equitable and legal interest in the P.U.D., the Developer shall be released from liabiliq,
under this Agreement with rmpeot to any breach of the terms and conditions of this Agreement occurring
after the date of any such transfer of interest. In such event, the succeeding property owner shall be bound
by the terms of this Agreement.
22.8 $n a*ment of A n Y am In the event of default of the provisions of this Agreement,
the parties agree that this Agreement may be specifically enforced by either party or either party mqy
proceed in any other stunner authorized by law fbr a breach of contract, including all legal and equiurble
remedies. Ttte 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, but not limited to, a reasonable expense for attornois
fees in enforcing this Agreement. 1n addition, the County may:
(a) Demand payment under the Collateral and use the proceeds to complete the
improvements specified herein. Nothing herein shall be construed as requiring the County io
complete all of the improvements specified herein in the event the proceeds of such Collateral are
not stiMcient to finance all the Improvements-
(b) Issue a written notice to Developer to appear and show Cause why the
—.-- subdiviston plat shall not be vacated. Giving the notice stall be deemed complete upon mailing
the same certified mail to the address stated heroin. Said notice shall designate the daft, time
and place the Board of County Commissioners will conduct a hearing to consider vacation of the
platSaid hearing shall be not less than thirty (30) nor more than sixty (60) days from the mate of
the iaetiee.
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JUN 27 101 08:44RM SECURITY TITLE P.6i11
r/) (c) Proceed in the manner described in the County Subdivision Resolution rn-
Colorado State Statutes for a violation of the state or local subdivision regulatl(Ms, including
withholding building permits.
22.9 pc&Wj. la the event of the default of any of the provisions hereof by either party which
shall require the party not in default to commence legal or equitable action against said dehulting party,
the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable
attorneys fax and cons incurred by reason of the default.
22.10 i� it is expressly understood and agreed by and between the parties;
hereto that this Agmment shall be goverrad by, and its terms construed under, the laws of the State of
Colorado and the County.
22.11 N& ims. Any notice or other communication given by any party hereto to any othx
party relating to this Agreement shall be hand-doliverei3 or sent by certified mail, return receipt requested.
addressed to such other parry at their respective addresses as set forth below, and such notice or othx
communication shall be deemed given when so hand-doliverod or tierce (3) days after so mailed:
IIto the County: Larimer County Engineering Deparunent
P. 0. Box 1190
Fort Collins, CO 80522
With a Copy to: County Attorneys Office
clo Jeannine Haag, Esq.
P.O. Box 1601
Fort Collins, CO 90522
lfto the Developer. Wtstchaso Properties, I.I.C.
cto Marcus Palkowitsh
650 South Cherry Street, Suite 435
Denver, CO 80246
With a copy to: David L. Osborn, Esq.
2V West Olive
Fort Collins, CO 80521
Notwithstanding the fhregoing, if any party to this Agreement, or their successors,
grantees or assigns, wishes to change the person, entity or address to which notices under this Agrennerd
are to be sett as provided above, such party shall do so by giving the other parties to this Agreement
written notice of such change.
22.12 Gender Bndre Agreement and Paraeraoh Headintts. When used in this Agr enumt,
words of the masculine gender shall include the feminine and neuter gender, and when the sentence: so
indicates, words of the neuter gender shall refer to any gender, and words in the singular shall include the
plural and vice gender shall refer to any gender, and vice -versa. This Agreement shall be construed
according to its thir meaning, and as if prepared by all parties hereto, and shall be deemed to be and
contain the entire understanding and agreement between the parties hereto pertaining to the mattem
addressed in this Agreement There shall be deemed to be no other terms. conditions, promises,
_. understandinge, statements, representations, expressed or implied, concerning this AgreomcnL unlm act
^� forth In writing sighed by all of the parties hereto. Further. paragraph headings used herein are fen:
convenience of reference and shall in no way define, limit, or prescribe the scope or intent of any
provision under this Agreement.
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SUN 27 '01 OB; 44RM SECURITY TITLE P.7i11
\v
v Upon execution of this Agreement by the parties hereto and provided an other conditions not herein
contained have been met by Developer, the County agrees to execute the Final Plat above described and accept the
same upon payment air recording fees and other cost to the County.
24. Counterparts:
Thls Agreement may be executed in multiple counterparts, each of which shall constitute an original, but
all of which, taken together, shall constitute one and the same document.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this 5 day of
.2001. '
OWNER -DEVELOPER.
ATTEST:
By:
OF OLORADO)
COUNTY OF �,�HIL.
The foregoing in PpLQasAac76ib
Marcus Falkowitsh as M ager o westcl=e
WBSTCHASR PROPERTIES, LLC, a Colorado limited
liability company
Marcu Palkowit , Manager
LARIMER COUNTY BOARD OF COUNTY
COMMISSIONERS
to the Boud
before me this JL d sy of IV*1� 2001, by
;a, LLC., a Colorado limited liability Company.
Witness my har. official eeaL '
C � Notary Public
My Commissipo expires:
- -- Afy Commaaim F�quas�8°iW�
TF OF RADO )
as.
COUNTY
16 p4rs -0I
•ways® tossa.e
•soar
JUN 27 101 08:45AM SECURITY TITLE P.8i11
\� 'he tbresoinst instrument admowiedged before me thtis�y of 2001, by Lois
0
Ann Peitz
witness my -mod and official seal.
My Commssion expires:
STATE OF COLORADO )
) sa
COUNTY OF LARIMER )
The fare ing I ent was acknowledged before me this day of 1 J�1. 2001, by
��n of Larimer County Board of Commissioners.
Witness my hand and official seal.
`. NN
APPROVED AS TO CONTINT:
By:
City Enginecr
No P b'c - 1 1-pu; Al
My Commission expires: I - W40"
APPROVED AND CONSENTED TO BY M911EXE
FORT COLLINS N'?i
By:
John Xfischbach, City Manager
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JUN 27 '01 08:45AM SECURITY TITLE
P.9/11
Legal Description (Westchase P.U.D.)
A portion of the Southwest Quarter of Section 8, Township 6 North, Range 68 West of the 6P
P.M., Latimer County, Colorado being more particularly described as follows:
Beginning at the Southwest Corner of said Section 8 and considering the West line of the
Southwest Quarter of said Section 8 as bearing North 00100'00" East and with all bearings
contained herein relative thereto: thence along the South line of the Southwest Quarter of said
Section 8 South 89055'55" East 30.00 feet to the TRUE POINT OF BEGINNING, said TRUE
POINT OF BEGINNING being a point on the East right-of-way line of County Road 11; thence
along said East right-of-way line North 00100'00" East 2615.94 feet to a point on the North'inc
of the Southwest Quarter of said Section 8 from which point the West Quarter Corner of said
Section 8 bears south 89142'05" West 30.00 feet; thence along said North line and departing said
East right-of-way line North 89"42'05" East 2641.47 feet to the Center One Quarter Corner of
said Section 8; thence along the East lire of the Southwest Quarter of said Section 8 South
00°37'52" West 2632.97 feet to the South One Quarter Comer of said Section 8; thence alorg the
South line of the Southwest Quarter of said Section 8 North 89°55'55" West 2612.44 feet to the
TRUE POINT OF BEGINNING. County of Latimer, State of Colorado.
JUN 27 '01 08:35AM SECURITY TITLE
RCPTN g 2001049140 /20/2001 16:17:00 M PAGES - 4l ZE - $240.00
N RODENBERGER RECORDias, LARIMER COUNTY Co STATE DOC FEE - $.00
P.3/11
SUBDIVISJON DEVELOPMENT AGREEMENT
Relating to Developer's obligations in
WESTCHASE, P. U.D.
THIS AGREF.MEN'r is trade this 3ljday of NI.QM 2001, by and between the -BOARD OF
COUNTY COMMISSIONERS OF LARDAER COUNTY, COL ("County"), and WESTCHASE
PROPERTIES, LLC, a Colorado limited liability company, of 650 South Cherry Street, Suite 435, Denver, CO
80246 ("Developer").
WHEREAS, Iarimer County has approved the master plan and preliminary plat ("Master Plan and
Preliminary Flat") of Westchase Planned Unit Development ("P.U.D.") by Findings and Resolution adopted and
dated December 20, 1999 ("Resolution"); and
WHEREAS, Developer has submitted to the County for approval, execution and recordation a final
subdivision plat for Wtstchase, P.U.D. ("Final Plat") 8fe legal description of which is set forth on Exhibit "A",
attached hereto and incorporated betein by reference; and
WHEREAS, Developer desires to develop the P.U.D. using a defined set of improvements; and
WHEREAS, County has considered the final subdivision plat, the proposed development and
improvements to the land therein, and the requirements to be imposed upon the land and properties by reason of
the proposed development and improvement of the land included in the final subdivision plat, and
WHEREAS, 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 P.U.D. as herein describet;
and
WHEREAS, County and Developer mutually acknowledge the exisiencOof and intent set forth in the
Fossil Creels Reservoir Area Plan, adopted by the City of Fort Collins City Council on March 17, 1998 (the "Fossil
Creek Plan") and by the County Planting Commission on March 25, 1998; and in the Intergovernmental
Agreement for the For. Collins Urban Growth Area, adopted on May 5, 1998 (the "Intergovernmental
Agreement"); and
WHEREAS, County and Developer mutually acknowledge and agree that the mailers 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 the final subdivision plat, and that such matters are necessary to protect, promote
and enhance the general welfare; and
W1iERFAS, this Agreement, and the terms, conditions and covenants herein contained, shall be deemed
to complement and shall be in addition to the conditions and requirements of the County Subdivision and P.U.D.
Regulations and other applicable laws, rules and regulations, which are not inconsistent with the tetras of this
Agreement; and
WHEREAS, the County and Developer agree that while the foregoing provisions are explanatory in
name, they nevertheless are a substantive part of this Agreement, provided, however, that in the event of any
conflict between the foregoing terms and the provisions of this Agreement, the terms of this Agreement shall
supercede and prevail.
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. Master Plan .and Preliminary Pint;
The approved Master Plan and Preliminary Plat for the P.U.D. includes a residential development
consisting of 407 single-family residential lots to be developed in two phases, the legal description of which is set
forth on Exhibit "B-I", attached hereto and incorporated herein by reference (the "Residential Parcel"), and a non-
residcntial development as legally described on Exhibit "B-2", attached hereto and incorporated herein by
reference, which is proposed to consist of a day care center, a church and a fire and emergency se i ps station or
l� Security Title
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JUN 27 '01 08:46Ar SECURITY TITLE
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JUN 27 '01 oe:47RM SECURITY TITLE
EXHIBIT "B-2"
P.1/12
Yp PHASE Ic
A Parcel of Lad being aB of Block i l of WSSTCHASE P.UM., Icmmd in du Southwest Quc= of 8ectloc 4 Towmbip 6 North;
Reap,e 68 West of the 9ixdi Principal Meridian, County of Lasiater, 8tue of Colorado, being atone part etdariy described as
follows;
Contmenciag at the southwest comer of said Section 8, considering the west line of the Southwest Quarter of said Section 8
hearing N 00000'00" H, with all hearings Contained herein relative thereto;
Thence N 53' 14'41" B. a &stance of 71.74 feet to the Point of 13egiatdrte.
Thence N 00'00100" W, a distance of 62.16 fur;
Thence slang the arc of a curve to the right laving a radius of 644250 feet, a central engle of 02'00'45" and an are length of
226.28 took
Thence N 02'00'45" 8, a distance of 362.19 feet,
Thence along the ate of a curve to the left ltaviag a radius of 655750 fmt a astral angle of 01 M'47' and an are: length of 169.37
feet
Them along the as of a tonne Carve to the right having a radius of 15.00 feet. a central angle of 89'28'03" and an arc length of
23.42 fwt;
Thence N 90'00'00" E. a distance of 102J I feet;
Tbrace along the we of a curve to the right having a radius of 1540 Icst, a antral angle of 84"37'05" and on are Imrgth of 22.15
&a;
Thence along this are of a reverse curve m the left having a radius of 34050 feet a canal angle of 4203(Y41" and an are length of
=64 fect; �
Thence 3 4745336' E. a disc of 148.20 feet;
Thonce along the are of a curve to the right havicg.a radius of 21450 tea, s central angle of 47'57'40" and an arc length of 17955
feat;
Thence 9 00'04105" W. a dismnee of 352.03 k=
Thence along the arc of a curve to the right having a radius of 15.00 feet a central angle of 90400%)" cad an are length of 23.56
feet;
Thence N 49.55W' W. a distance of 125.76 fen;
Thence slang the ato of a curve to the right having a radius of 48250 imt, a teatrah angle of 0202715" and aaarc henO of 20.67
feet;
Thence N 87028140" W, a distance of 95,36 &xt;
Thereto Wong the arc of a eurva to the left having a radius of 51750 fear, a ou=W angle of 02627115" and an ate length of 22.17
8act:
Thence N 89955'55" W. a distance of 16550 has to the Point of Beginning,
Caotaini" 297,185 square diet or 6.822 sera, more or feu
XJUN 2.7 .'01 08:47AM
SECURITY TITLE i#690)
Send F.mail
The Board County Commissioners met with Larry nrr
Tom Bender
Director of .,inning at 3:00 p.m.; Chair Olson presided
Seok,E mail
and Commissioners Disney and Rennels were present.
Chair Olson Introduced Commissioners Elect Bender and
Glenn Gibson
Gibson who are present In the audience. Also present were
;0nd -mall
Carol Evans, Fred Starr and Matt Lafferty, Planners II; Jim
Reidhead. Director of the Rural Land Use Center, Mark
Peterson, County Engineer; Rusty McDaniel, Project
Engineer; Traci Downs, Civil Engineer; Russ Legg, Chief
Planner; Doug Ryan, Environmental Planner; Sylvester
Mabry,Civil Engineer; Jeannine Haag, Assistant County
Attorney; and Jean O'Connor, Recording Clerk.
Chair Olson requested approval of the minutes of the
Board of County Commissioners for the week of January 2,
2001;
MOTION
Commissioner Disney moved that the Board of County
Commissioners approve the minutes for the week of
January 2, 2001 as presented.
5. WESTCHASE PLANNED DEVELOPMENT PHASE 21
NE CORNER OF TIMBERLINE ROAD AND TRILBY.
This Is a request for Planned Development approval or a
Church at Tract H (4,5 acres) of the Westchase P= and
modification to the Fort Collins/Larmer County IGA
Standards found at Appendix I.I.F.b.(1) and (4)(a). Staff
findings are 1. The Subject request for modification to
Appendix I.I.F.b.(1) and (4)(a) will not adversely effect the
use of the properties in the current and future
neighborhoods surrounding the subject site; 2, The subject
request will not adversely affect the health, safety and
welfare of the surrounding neighborhood. Staff
recommendation is approval of the amendment to the
Westchase PUD with the modifications to the Fort
Collins/Latimer County IGA Standards found at Appendix
and (4)(a),
MOTION
Commissioner Rennels moved that the Board of County
Commissioners approve Miller Minor Residential
Development Time Extension 098-S1360; Cotton Willow
Estates 6n Fling Lot 1 Amended Plat *00-51703; Reu
Rural Land Plan 100-S1707; Alverson Rural Land Use Plan
Time Extension *99-RLP0032; Westchase Planned
Development Phase 2 er00-S1590; Larlmer County Transit
Service, Action Plan; Sampson Special Review *00-ZI375;
and Leach Minor Residential Development Lot 2 Amended
P.2112
No Text
No Text
JUN 27 '01 08:49RM SECURITY TITLE P.5i12
EXUIT "E-1
PETITION FOR ANNEXATION
THE UNDERSIGNED (hereinafter referred to as the "Petitioner") hereby petitions the
Council of the City of Fort Collins, Colorado for the annexation of an area to be retbrred to as the
Westchase Annexation to the City of Fort Collins ("City"). Said area, consisting of approxirnately
4.279 acres, is more particularly described on Attachment "A", attached hereto and incorporated
herein by reference•, (the "Property" ).
A. The Petitioner alleges:
1. That it is desirable and necessary that such area be annexed to the Citir.
2, That the requirements of Sections 31-12-104 and 31-12-105, C.R.S., a dst or
have been met.
That not less than one -sixth of the perimeter of the area proposed to be
annexed is contiguous with the boundaries of the City.
That a community of interest exists between the area proposed to be annexed
and the City
That the area to be annexed is urban or will be urbanized in the near frtture.
6. That the area proposed to be annexed is integrated with, or capable of being
integrated with, the City.
7. That the Petitioner herein comprises more than fifty percent (50%) of the
landowners in the area and owns more than fifty percent (50%) of the area to
be annexed, excluding. public streets, alleys and lands owned by the City of
Fort Collins.
S. That the City shall not be required to assume any obligation respecting the
construction of water mains, sewer lines, gas mains, electric service lines,
streets or any other services or utilities in connection with the property
proposed to be annexed except as may be provided by the ordinances of the
City.
B. This Petition for Annexation is specifically subject to those conditions of anneration
set forth in Attachment "B", attached hereto and incorporated herein by reference,
_ -.. which shall be incorporated into the ordinance annexing the Property (the
"Annexation Ordinance").
C. The Petitioner reserves the right to withdraw this Petition for Annexation prior'co the
hearing on second reading of the Annexation Ordinance only in the event that thrs City
fails to adopt the Annexation Ordinance with the conditions set forth in Attachment
7UN 27 '01 08:50AM SECURITY TITLE P.6i12
WHEREFORE, said Petitioner requests that the Council of the City approve the annexation
of the area described on Attachment "A". Furthermore, the Petitioner requests that said area be
placed in the L-M-N Zone District pursuant to the Land Use Code of the City.
The Petitioner signing this Petition for Annexation represents that it owns the area desrribed
on Attachment W.
IN WITNESS WHF-REOF, the undersigned has executed this Petition for Annexation this
_ day of 2001.
Mwcqulx&WMWErMCWFOR AMExAnon•1 AM
PETITIONER/OWNER:
WESTCHASE PROPERTIES, LLC, a Colorado
limited liability company
By: —
Marcus Palkowitsh, Manager
Address —
City Slate Zip
E
JUN 27 '01 06:50AN SECURITY TITLE P•7i12
AT!'P1�II�IVT "A"
LEGAL DESCRIPTION
A PORTION OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 8 AND IHE
SOUTHEAST QUARTER F SECTION 7, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 8TH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS:
THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 8, MONUMENTED AS SHOWN
HEREON, BEARING NORTH 00'00'0- WEST AS SHOWN ON THE KEATING ANNEXATION NO. 2.
ORDINANCE NO. 63, 1999.
BEGINNING AT THE WEST QUARTER -SECTION CORNER OF SAID SECTION 8;
THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER Of SAID SECTION 8, NORTH
89'42'05' EAST A DISTANCE OF 57.53 FEET;
THENCE LEAVING SAID NORTHERLY LANE OF THE SOUTHWEST QUARTER OF SECTION 8 AND
ALONG THE FOLLOWING TEN (10) COURSES:
1) SOUTH 00'00'00- EAST A DISTANCE OF 632.88 FEET TO THE BEGINNING OF A CURVE TO
THE LEFT;
2) ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 13942.50 FEET, A CENTRAL ANGLE
OF 00'57'41' AND AN ARC LENGTH OF 233.97 FEET;
3) SOUTH 01'08'25' EAST A DISTANCE OF 87.11 FEET TO THE BEGINNING OF A CURVE TO
THE LEFT;
4) ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 13942,50 F=rT. A CENTRAL ANGLE 4
OF OC19'48' AND AN ARC LENGTH OF 80.29 FEET;
5) SOUTH 01'38'58- EAST A DISTANCE OF 449.74 FEET TO 7HE BEGINNING OF A CURVE TO
THE RIGI-11%
6) ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6557.50 FEET, A CENTRAL ANGLE
OF 01'25,15' AND AN ARC LENGTH F 162.92 FEET;
7) SOUTH 00'09'12' WEST A DISTANCE OF 86.80 FEET TO THE BEGINNING OF A
NON —TANGENT CURVE TO THE RIGHT;
0 ALONG THE
AND ANCOF SAID CURVE ARC LENGTH OF 169.37 GFEET.ATHES OF HORD5OF CENTRAL 1'
WHICH SEARS SOUTH 0
15.21- WEST, 169.36 FEET;
9) SOUTH 02'00'45- WEST A DISTANCE OF 260.41 FEET;
10) SOUTH 90T00'00' WEST A DISTANCE OF 115.78 FEET TO A POINT ON THE WESTERLY
RIGHT—F—WAY LINE OF TIMBERLINE ROAD (COUNTY ROAD 11);
THENCE ALONG SAID WESTERLY RIGH7—OF—WAY LINE F TIMBERLINE ROAD (COUNTY ROAD
11). NORTH 00T00'00- WEST A DISTANCE OF 866.76 FEET TO A POINT ON THE SOUTHERLY
LINE OF THE KEATING ANNEXATION NO. 2, ORDINANCE NO. 63, 1999;
TH
EASTCA DISTANCE THENE ALONG SAID
80. 0 FFEETLTO A POINT ON THE EASTERLY RIGHT —OF —AY INE OF THE KEATING ANNEXA71ON NO. Z WNEO D0�
TIMBERLINE ROAD (COUNTY ROAD 11);
THENCE ALONG THE EASTERLY LINE F SAID KEATING ANNEXATION NO. 2 AND SAID
EASTERLY RIGHT—OF—WAY LINE OF TIMBERLINE ROAD (COUNTY ROAD 11), NORTH CO'DO'00-
WEST A DISTANCE OF 539.70 FEET;
THENCE LEAVING SAID EASTERLY RIGHT—OF—WAY LINE OF TIMBERLINE ROAD (COUNTY ROAD
11) AND WEST A DISTANCE T E NORTHERLY
60.00 FEET I70 ANE O POINT ON
TIMBERLINEWESTERLY RTING rIGHT—F WAY LINE OF RTH D•
TIMBERLINE ROAD (COUNTY ROAD 11);
THENCE LEAVING SAID NORTHERLY LINE F KEATING ANNEXATION NO: 2 AND ALONG SAID
WESTERLY' RIGHT—OF—WAY LINE OF TIMBERLINE ROAD (COUNTY ROAD 11), NORTHfO
WEST A DISTANCE OF 656.09 FEET;
THENCE LEAVING SAID WESTERLY RIGHT—F—WAY LINE OF 11MBERUNE ROAD (COUNTY ROAD
11). NORTH 89-42'05- EAST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 4.279 ACRES (186,376 SO -FT.). MORE OR LESS.
w.v oTr c-,v rmv -m R: t1FT1TC-k= 10 LAR-%ZR COL'NLVf CCIICRACO ON
JUN 27 '01 08:50AM SECURITY TITLE P.8i12
ATTACHMENT"B"
TO THE PETITION FOR ANNEXATION
CONDITIONS OF ANNEXATION
1. The annexation of the Property to the City shall be subject to the terms and conditions of the
Subdivision Development Agreement between Larimer County, Colorado ("County") and the Petition
dated _, 2001("Development Agreement"), including, but not limited to, the following
Section 2 of the Development Agreement:
�r. WR �_.
In the event that the P.U.D. property is annexed to the City of Fort Collins ("City"), the
following special conditions shall apply together with other applicable terms and conditions of this
Agreement, and such special conditions shall be incorporated as conditions into the Annexation
Petitions as hereinbelow defined:
2.1 Intergovernmental Agreement TheP.U.D is located in proximity to the City,
and there has been cooperation between the County, the City and the Developer throu zhout
the planning and approval process. It is acknowledged that the Master Plan and Preliminary
Plat approval by the County 'occurred after the adoption and approval of the
Intergovernmental Agreement, and the density, lot layout, street configuration and other land
planning elements were approved by the County after consultation with the City. Therefore,
certain engineering criteria and obligations described in the Intergovernmental Agreement
have been imposed upon the PUD in accordance with the Finding and Resolution adopted by
Larimer County on December 20, 1999_
2.2 Annexation Petitions. The County and Developer acknowledge that the PUD
may eventually be annexed into the City. provided the annexation is completed in strict
conformance with the terms of this Agreement and the Petitions for Annexation, copies of
which are attached hereto and incorporated herein as Exhibits "E-l" and "E-2" (the
"Annexation Petitions").
Annexation of the P.U.D. property shall be accomplished in a series of two
consecutive annexations in order to meet statutory contiguity requirements. Prior to the
recordation of the Final Plat, the Annexation Petitions, which combined shall include all of
the P.U.D. property, shall be fully executed by the Developer and delivered to Security Title
Guaranty Company with instructions to file the Annexation Petitions with the City Clerk on
the next business day after closing on the P.U.D. property and recordation of the subdilAsion
plat for the P.U.D, property. It shall bean express provision of the Annexation Petitions, that,
in the event the City annexes the Residential Parcel, it shall be permitted to develop in
accordance with the approved Final Plat, the Utility Plans and the terms of this Agreement,
and such development shall not be subject to additional City land use regulations (including,
but not limited to, the general development standards of the City's Land Use Code) unless
an amendment to such plans is sought after annexation by the Developer. It shall also be an
express provision of the Annexation Petitions that, in the event the City annexes the
JUN 27 '01 UB;36HM SEL:Uki;T
r. 4i 11
•-Ater permitted land uses as defined in the Fossil Creek Plan (the "Neighborhood Center'). The County
acknowledges that the Master Plan and Preliminary Plat constitute a site specific development plan under the
Colorado Vested Rights Statute, and its approval confers the vested rights set forth in C.R.S. 24-68-101, Al sal.
The Neighborhood Center has been granted certain variances which are set forth an Exhibit "C ", attached hereto
and incorporated herein by reference (the 'Variances"). The Final Plat includes the Residential Parcel and th,
Neighborhood Center_ In addition to the Final Plat, the County has approved final utility and construction pouts
for public infrastructure improvements needed for the Final Plat C'Utility Plans"), including a phasing plan as
shown on Exhibit "D", attached hereto and incorporated herein by reference.
L Annexation to the City of Fort Collins:
In the event that the P.U.D. property is annexed to the City of Fort Collins ("City"), the following special
conditions shall apply together with other applicable terms and conditions of this Agreement, and such special
conditions shall be incorporated as conditions into the Annexation Petitions as hercinbelow defined
2.1 Intergovernmental Agreement The P.U.D. is located in proximity to the 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 Master Plan and preliminary Plat approval by the County
occurred after the adoption and approval of the Intergovernmental Agreement, and the density, lot layout,
street configuration and other land planning elements were approved by the County after consultation
with the City. 'Therefore, certain. engineering criteria and obligations described in the Intergovernmental
Agreement have been imposed upon the PUD in accordance with the Finding and Resolution adopted by
Larimer County on December 20, 1999.
2.2 Annexation Petitions. The County and Developer acknowledge that the PUD may
eventually be annexed into the Ciry, provided the annexation is completed in strict conformance with the
terms of this A,greernent and the Petitions for Annexation, copies of which are attached hereto and
incorporated herein as Exhibits "E-1" and "E-2" (the "Annexation Petitions") -
Annexation of the P.U.D. property Shall be accomplished in a series of two consecutive
annexations in order to meet statutory contiguity requirements. Prior to the recordation of the Final Plat,
the Annexation Petitions, which combined shall include all of the P.U.D, property, shall be fully exectted
by the Developer and delivered to Security Title Guaranty Company with instructions to file the
Annexation Petitions with the City Clerk on the next business day after closing on the P.U.D. preperti
and recordation of the subdivision plat for the P.U.D. property. It shall be an express provision of the
Annexation Petitions that, in the event the City annexes the Residential Parcel, it shall be permitted to
develop in accordance with the approved Final Plat, the Utility Plans and the terms of this Agreement,
and such development shall not be subject to additional City land use regulations (including, but not
limited to, the general development standards of the City's Land Use Code) unless an amendment to such
plans is sought after annexation by the Developer. It shall also be an express provision of the Annexation
Petitions that, in the event the City annexes the Neighborhood Center, it shall be permitted to develop in
accordance with the approved Master Plan and Preliminary Plat, the Variances, the Final Plat and the
Utility Plans, provided, however, that the Neighborhood Center shall be subject to the City's final plats
review procedures pursuant to Section 2.5 of the City's Land Use Code, modified as necessary to reflv.t
previous County approvals- Such final plan review shall be in accordance with the foregoing approvals,
shall be administrative in nature and shall be based upon the development standards set forth in Appendix
I of the Intergovernmental Agreement, except as modified by the Variances. The P-U.D. shall be subyxt
to all applicable City procedural and fee requirements, except as otherwise set forth herein,
In the event the City does not complete the annexation of the P.U.D. property in conformance:
with the terms of this Agreement and the Aitacmdon Petitions, the Developer shall have the right to
develop in the County in accordance with the terns of this Agreement and the general rules and
regulations for development in the County.
JUN 27 101 08:51PN SECURITY TITLE P.9i12
Neighborhood Center, it shall be permitted to develop in accordance with the approved
Master Plan and Preliminary Plat, the Variances, the Final Plat and the Utility Plans, prcvided,
however, that the Neighborhood Center shall be subject to the City's final plan review
procedures pursuant to Section 2.5 of the City's Lard Use Code, modified as necessary to
reflect previous County approvals. Such final plan review shall be in accordance with the
foregoing approvals, shall be administrative in nature and shall be based upcn the
development standards set forth in Appendix I of the Intergovernmental Agreement, except
as modified by the Variances. The P.U.D. shall be subject to all applicable City procedural
and fee requirements, except as otherwise set forth herein.
In the event the City does not complete the annexation of the P.U.D. property in
conformance with the terms of this Agreement and the Annexation Petitions, the Developer
shall have the right to develop in the County in accordance with the terms of this Agreement
and the general rules and regulations for development In the County-
2.3 Annexatioc Fees and Costs. The Developer shall pay to the City one
annexation filing fee for the processing of the Annexation Petitions and shall also pay the cost
of required annexation maps and legal descriptions in connection with the annexation of the
P.U.D.
2.4 PublicInfrasttucture. Construction Standards, Collateral,InspectionEgg
�
wan antie<.. Except as otherwise set forth herein, any development parcel within the P.U.D.
(i.e. the Phase 1 Residential Parcel, the Phase 2 Residential Parcel and the Neighborhood
Center) for which the Developer has undertaken installation of public improvements on the
effective date of the annexation of the P.U.D to the City shall be permitted to continue such
installation in accordance with the Utility Plans and County procedures and requirements,
including, but not limited to, County construction standards, pre -construction meeting
process and inspection fees. Notwithstanding the annexation of the P.U.D. to the City,
inspection fees for infrastructure improvements which are underway at the time of annexation
shall be paid to the County based on the County's fee schedule for such inspections. Such
installation of infrastructure improvements shall not be subject to City requirements for the
same except that: (a) collateral to ensure completion of public improvements shall be posted
with the County in accordance with Subsection 14.2 of this Agreement, and upon the
effective date of the annexation of the P.U.D. property to the City, such collateral shall be
assigned to the City: and (b) the public infrastructure improvements shall be warrantied in
accordance with adopted policies of the City as further set forth on Exhibit "F", attached
hereto and incorporated herein by reference.
- With regard to any development parcel within the P.U.D. for which the
Developer has not undertaken installation of public improvements on the effective date of the
annexation of the P.U.D. to the City, the installation of such improvements shall be in
accordance: with the Utility Plans. The City shall impose no additional standards or
requirements in connection with the Utility Plans, but such development parcel shall comply
JUN 27 '01 08:52AM SECURITY TITLE P.10i12
with all applicable City procedural and fee requirements for such improvements, including,
but not limited to, obtaining a development construction permit, posting of collateral,
provision afapplicablc construction warranties and guarantees and payment ofdty inspection
fees.
2.5 Building Permits. Prior to the effective date of the annexation of the P.U.D.
to the City, all applications for building permits or issuance of building permits sha3 be in
accordance: with County procedures and subject to County fees. Thereafter, all such
applications for, and issuance of, building permits shall be in accordance with City procedures
and subject to City fees for the same, provided that nothing herein shall be construed to
permit the imposition of a City requirement inconsistent with the Utility Plans or the: terms
of this Agreement. Requirements for building permit issuance as set forth in Subsceton 7A
and Section 17 of this Agreement shall continue to apply to the P.U.D. upon its annexation
to the City.
2.6 Certificates of Occuuncv With regard to any building permits which are
issued prior to the effective date of the annexation of the P.U.D. property to the City, the
County and the City shall mutually agree which entity shall issue the certificate of occupancy
therefor. In the event the County and the City do not reach agreement, such certificates of
occupancy shall be issued by the County
2.7 )Y , ver of Street OversizintrFees, The City has agreed to waive its Street
Oversizing Capital Expansion Fee for each building permit issued by the City within the
P.U.D. in exchange for the waiver by the Developer of any right to street oversizing
reimbursement from the City in connection with its construction of transportation
improvements in connection with the P.U.D. The City's agreement to waive such fees in
exchange for the Developer's waiver of street oversizing reimbursement shall be a condition
of annexation of the P.U.D. property to the City.
2.8 Third -Party Reiml2u
(a) The Developer shall be entitled to all third party reimbursements for
which it maybe eligible under the City's Municipal Code, provided that the Developer
agrees to indemnify the City from all costs, including attorneys' fees, in connection
with any litigation which is filed challenging such reimbursement obligation.
(b) The City shall pay to the Developer any monies it has received from
the Developer of Linden Park, City of Fort Collins, for the construction of the bike
lanes at the time that such bike lanes have been completed.
2.9 pav_ment of Fees from County aad_C_itL If and when the County has received
payment for any inspection fees or building permit fees received prior to the annexation of the
P.U.D. to the City, the County will promptly pay such fees to the City upon the annexation
of the P.IJ.D. to the City. There shall be no additional fees imposed by the City for
inspections or building permits for which the County fees have been paid by the Dev,,Ioper.
SUM 27 101 Oe:52AM SECURITY TITLE
2.1 o lnconggencies, In the event that any of the special conditions set forth in this
Section 2 shall be in conflict or inconsistent with any other term or condition of this
Agreement, the special conditions shall prevail and shall supersede any provisions �of this
Agreement in conflict therewith. All provisions of this Agreement which are not in conflict
with such special conditions shall continue to apply to the P.U.D. property upon annexation
to the City.
2, Upon completion of the annexation of the Property to the City, the City shall be deemed a
successor to the County and shall be subject to all rights and obligations of the County thereunder.
SUN 27 '01 08:52AM SECURITY TITLE
P.12112
�4
STATE OF COLORADO )
) ss.
COUNTY OF L AR24ER )
ATTACHMENT "C"
The undersigned, being first duly sworn upon his oath, states:
That he was the circulator of the attached Petition for Annexation and that each signature
therein is the signature of the person whose name it purports to be.
David L. Osborn
N
Subscribed and sworn to before me this _ day of __, 2001, by David L.
Osborn.
WITNESS my hand and official seal.
T
Commission Expiration Notary Public
Jun. 27. MI 10:28AM SEC. TITLE FT, COLLINS No. 5843 P. 1/1
ATTACHTWENT "D"
L David L. Osborn, an attorney licensed to practice in the State of Colorado, hereby certify
that I have examined the records of the Clerk and Recorder of Larimer County, Colorado and have
verified that the signers of this Annexation Petition for the area referred to as the Westchase
Annexation to the City of Fort Collins are owners of real property in the area proposed for
annexation. Furthermore, I certify that said owners constitute more than 50% of the landowners in
the area proposed for annexation, as said area is described on Attachment "A" of said Annexation
Petition, and own more than 50% of the land in said area, exclusive of streets and alleys.
D. Sipuarc or Anm y
Ste Ad&r
Cry. Sw". Zip
Amory ltc$ tim Np
Jun. 21. 2001 10:28AM SEC. TITLE FT, COLLINS No. 5844 P. 1/15
I\
ATTACHMENT "D"
L David L. Osborn, an attorney licensed to practice in the State of Colorado, hereby certify
that I have examined the records of the Clerk and Recorder ofLarimer County, Colorado and have
verified that the :signers of this Annexaton Petition for the area referred to as the Westcbase
Annexation to the City of Fort Collins are owners of real property in the area proposed for
annexation. Furthermore, I certify that said owners constitute more than 50% of the landowners in
the area proposed for annexation, as said area is described on Attachment "A" of said Annexation
Petition, and own more than 50% of the land in said area, exclusive of streets and alleys.
SIVU� ofAMMKy
Surd Adams
City. sum Zip
Anct y Rcyiwmtim Vw
Jun. 27. 2001 10:28AM SEC. TITLE FT. COLLIE No. 5844 P. 2/15
E IBZT "E-2"
PETITION FOR ANNEXATION
THE UNDERSIGNED (hereinafter referred to as the "Petitioner") hereby petitions the
Council of the City ofFort Collins, Colorado for the annexation of two areas to be referred to as the
Westchase Annexation to the City of Fort Collins ("City"). Said areas, consisting of approximately
42,03 acres and approximately 115.90 acres, are more particularly described on Attachments "A" and
"B", respectively„ attached hereto and incorporated herein by reference (the "Properties").
A. The Petitioner alleges:
1. That it is desirable and necessary that such areas be annexed to the City.
2. That the requirements of Sections 31-12-104 and 31-12-105, C.KS., exist or
have been met.
3. That not less than one -sixth of the perimeter of the areas proposed to be
annexed are contiguous with the boundaries of the City.
4. That a community of interest exists between the areas proposed to be annexed
and the City.
5. That the areas to be annexed are urban or will be urbanized in the near fiuure.
6. That the areas proposed to be annexed are integrated with, or capable of
being integrated with, the City.
That the Petitioner herein comprises more than fifty percent (50%) of the
landowners in the area and owns more than fifty percent (50%) of the areas
to be annexed, excluding public streets, alleys and lands owned by the City of
Fort Collins.
8. That the City shall not be required to assume any obligation respecting the
construction of water mains, sewer lines, gas mains, electric service lines,
streets or any other services or utilities in connection with the Properties
proposed to be annexed except as may be provided by the ordinances of the
City.
B. This Petition for Annexation is specifically subject to those conditions of annexation
set forth in Attachment "C", attached hereto and incorporated herein by reference,
which shall be incorporated into the ordinance annexing the Properties (the
"Annexation Ordinance").
C. The Petitioner reserves the right to withdraw this Petition for Annexation prior to the
hearing on second reading of the Annexation Ordinance only in the event that the City
fails to adopt the Annexation Ordinance with the conditions set forth in Attachment
"C"
Jun. 27. 2001 10:28AM SEC. TITLE FT. COLLINS No, 5844 P. 3/15
WHEREFORE, said Petitioner requests that the Council of the City approve the annexation
of the areas described on Attachments "A" and "B". Furthermore, the Petitioner requests that said
area described on Attachment "A", consisting of approximately 42.03 acres, be placed in the U-E
Zone District, pursuant to the Land Use Code of the City, and that said area described on Attachment
"B", consisting of approximately 115.90 acres, be placed in the L-M-N Zone District, pursuant to the
Land Use Code of the City.
The Petitioner signing this Petition for Annexation represents that it owns the areas described
on Attachments "A" and "B".
IN WITNESS WHEREOF, the undersigned has executed this Petition for Annexation this
_ day of 2001.
i�w.�wuws�wutvmna+rollMn1i7G�nol4: CLEAN �wt
PETITIONER/OWNER
WESTCHASE PROPERTIES, LLC, a Colorado
limited liability company
f+
Marcus Palkowitsh, Manager
Address
City State Zip
2
un. 27. 200;=I0:29.AMsS'K 'I ILE FT. COLLINS No, 5844�P. 4/15Mill=
PROPERTY DESCRIPTION:
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 6
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS:
THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68
WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING ASSUMED TO BEAR S 00'37'52" W, AND
BEING MCNUMENTED ON THE NORTH END BY A 2 1/2" ALUMINUM CAP STAMPED "LS 25375
1997"IN A RANGE BOX AND ON THE SOUTH END 9Y A 2 1/2" ALUMINUM CAP STAMPED
'NELSON LS 16415 1998".
4
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 8;
THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 8,
N 89'55'55" W A DISTANCE OF 1856.48 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF
THE PROPOSED TRILBY ROAD RIGHT-OF-WAY;
THENCE ALONG SAID SOUTHERLY BOUNDARY OF THE PROPOSED TRILBY ROAD RIGHT-OF-WAY
THE FOLLOWING FOUR (4) COURSES:
1) ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 733.00
FEcT, A CENTRAL ANGLE OF 53'16'17" AND AN ARC LENGTH OF 681.51 FEET, THE CHORD OF
WHICH BEARS N 4610'28' E, A DISTANCE OF 657.23 FEET;
2) N 19'32'20" E A DISTANCE OF 483.94 FEET;
3) ALONG THE ARC CF A CURVE TO THE RIGHT HAVING A RADIUS OF 767.00 FEET, A
CENTRAL ANGLE OF 71'05'32" AND AN ARC LENGTH OF 951.69 FEET;
4) S 89'22'08" E A DISTANCE OF 504.84 FEET TO A POINT ON THE EAST LINE OF SAID
SOUTHWEST QUARTER OF SECTION 8;
THENCE ALONG SAID EAST UNE OF THE SOUTHWEST QUARTER OF SECTION 8,
S 00'37'52" W A DISTANCE OF 1418.34 FEET TO THE POINT OF BEGINNING.
CONTAINING 42.03 ACRES, MORE OR LESS.
SUBJECT TO ANY RIGUS-OF-WAY TO BE DEDICATED TO LARIMER COUNTY, COILJPAW ON TIE
SURD -'VISION PLAT OF wES'IaAsE P.U.D.
Jun, 27, 2C01 10:290 SEC, TITLE FT, COLLINS No. 5844 P. 5/15
r.
_ YY• Y.iW7� �
PROPERTY DESCRXMON:
A PARCEL OF LAND LOCATED IN SECTIONS 7, 8, 17 AND 18, TOWNSHIP 6 NORTH, RANGE 68 WE3T OF
THE SIXTH PRINCIPAL MERIDIAN: COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
SASLS OF BEARLWGS_
THE NORTH LINE OF THE SOUTHWEST QUARTER CIF SECTION 8, TOWNSHIP 6 NORTH, RANGE 58 WEST OF
THE 8TH PRINCIPAL MERIDIAN, BEING ASSUMED TO BEAR N 89'42'05" E. AND BEING MONUME.NTED ON
THE WEST END BY A 2 1/2" ALUMINUM CAP STAMPED "LANDSTAR LS 17662 1998" IN A RANGE BOX
AND AT THE EAST END BY A 2 1/2" ALUMINUM CAP STAMPED -LS 25375 1997" IN A RANGE BOX.
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 8;
THENCE ALONG THE NORTH UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 8, N 89'42'05" E A
DISTANCE OF 2671.47 F•CcT TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 8;
THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 8, S 00"37'52" W A DISTANCE
CF 1214.52 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE PRCPCSED TRILBY ROAD
RIGHT- CF-WAY;
THENCE ALONC SAID SOU71-4ERLY BOUNDARY OF THE PROPCZED TRILBY ROAD RIGHT-CF-WAY TnE
FOLLOWING NINE (3) COURSES:
1) N 99'22'08" W A OIS-ANCE OF -aG4.84 Z_
2) ALONG r.'E ARC OF A CURVE TC THE r HAVING A RADIUS OF 767.01C A ^_EN'RAL ANGLE
OF 71'05"320, AND AN ARC t ENGTr. OF 951.55 F F7,
3) S 19'32'20" W A DISTANCE OF 483.94 r=_
4) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 733.00 FEE—.. A CENTRAL ANGLE
OF 7C'31'45 AND AN ARC LENGTH OF 9C2.30 FEET;
5) N 89'55'55" W A DISTANCE OF 207.43 FEET;
6) ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 467.50 F`Ez , A CENTRAL ANGLE
OF 2'27'' S" AND AN ARC LENGTH OF 20.88 FEET,
7) S 8736'5C" W A DISTANCE CIF 95.36 FEET;
8) ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 512.50 F=-7, A C--NTRAL ANGLE
OF 2'27"15" AND AN ARC LENGTH OF 21.95 FEET:
9) N 89"55'5c" W A DISTANCE OF 272.94 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE
TIMBERLINE ROAD (COUNTY ROAD 11) RIGHT-OF-WAY:
THENCE ALONG SAID WESTERLY BOUNDARY OF THE TIMBERLINE ROAD (COUNTY ROAD 11) RIGHT-OF-WAY,
N 00'00'CO" E A DISTANCE OF 1357.74 FEET;
THENCE 5 90'CO'00" E A DISTANCE OF 80.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF TIIE
TIMBERLINE ROAD (COUNTY ROAD 11) RIGH7-OF-WAY;
THENCE ALONG SAID EASTERLY BOUNDARY OF THE TIMBERLINE ROAD (COUNTY ROAD 11) RIGHT-OF-WAY,
N 00 70`00" E A DISTANCE OF 639.70 FEET;
THENCE N 90'00`00" W A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE
TIMBERLINE ROAD (COUNTY ROAD 11) RIGHT-OF-WAY;
THENCE' ALCNG SAID WESTERLY BOUNDARY OF THE TIMBERLINE ROAD (COUNTY ROAD 11) RIGHT-OF-WAY,
N QO'CO'DC" E A DISTANCE OF 656.09 FEET,
THENC�r" 89'42'05" E A DISTANCE OF 30.6C FEET TO THE POINT OF BEGINNING.
CONTAINING 120.18 ACRES, MORE OR LESS.
} YOP
A PORTION OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 8 AND THE
SOUT14EAST OUARTER OF SECTION 7, TOWNSHIP 6 NCRTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARINCS:
THE WES i�kLY LINE OF THE SOUTHWE5T QUARTER OF 5ECTICN 8, MONUMENTcD AS SHOWN
HFRFf1N GEARING NORTH ❑O'MYY Wt:CT AS SHOWN ON THE KFATINC ANNFXATIDN NO. 2.
JUN 27 '01 0B: 37RM SECURITY TITLE
P.5/11
1) 2.3 Annexation Fees and Costs. The Developer shall pay to the City one annexation filing
J fee for the processing of the Annexation Petitions and shall also pay the cost of required annexation maps
and legal descriptions in connection with the annexation of the P.U.D.
2.4 Public infrastructure, Construction Standards, Collateral. Inspection Fees and
Warranties. Except as otherwise set forth herein, any development parcel within the P.U.D. (i.e. the
Phase 1 Residential Parcel, the Phase 2 Residential Parcel and the Neighborhood Center) for which the
Developer has undertaken installation of public improvements on the effective date of the annexation of
the P.U.D. to the City shall be permitted to continue such installation in accordance with the Utility Plans
and County procedures and requirements, including, but not limited to, County construction standards,
pre -construction meeting process and inspection fees. Notwithstanding the annexation of the P.U.D. to
the City, inspection fees for infrastructure improvements which are underway at the time of annexation
shall be paid to the County based on the County's fee schedule for such inspections. Such installation of
inhastmctun: improvements shall not be subject to City requirements for the same except that: (a)
collateral to ensure completion of public improvements shall be posted with the County in accordanue
with Subsection 14.2 of this Agrecanent, and upon the effective date of the annexation of the P.U.D.
property to die City, such collateral shall be assigned to the City; and (b) the public infrastructure
improvements shall be warrantied in accordance with adopted policies of the City as further set forth on
Exhibit "F-, attached hereto and incorporated herein by reference.
With regard to any development parcel within the P.U.D. for which the Developer has
not undertaken installation of public improvements on the effective date of the annexation of the P.UD. to
the City, the installation of such improvements shall be in accordance with the Utility Plans. The City
shall impose no additional standards or requirements in connection with the Utility Plans, but such
development parcel shall comply with all applicable City procedural and fee requirements for such
improvements, including, but not limited to, obtaining a development construction permit, posting of
collateral, provision of applicable construction warranties and guarantees and payment of City inspection
fees.
2.5 Building Permits. Prior to the effective date of the annexation of die P.U.D. to the City,
all applications for building permits or issuance of building permits shall be in accordance with County
procedures and subject to County fees Thereafter, all such applications for, and issuance of, building
permits shall be in accordance with City procedures and subject to City fees for the same, provided dtat
nothing herein shall be construed to perndt the imposition of a City requirement inconsistent with the
Utility Plans or the terms of this Agreement Requirements for building permit issuance as set forth in
Subsection 7.4 and Section 17 of this Agreement shall continue to apply to the P.U.D. upon is annexation
to the City.
2.6 Certificates of Occunancy. With regard to any building permits which are issued prior
to the effective date of the annexation of the P.U.D. property to the City, the County and the City shall
mutually agree which entity shall issue the certificate of occupancy therefor. In the event the County and
the City do not reach agreement, such certificates of occupancy shall be issued by the County.
2.7 Waiver of Street Oversizing Fees. The City has agreed to waive its Street Oversizng
Capital Fxpansion Fee for each building permit issued by the City within the P.U.D. in exchange for the
waiver by the Developer of any right to street cversizing reimbursement from the City in connection with
its construction of transportation improvements in connection with the P.U.D. The City's agreerent to
waive such fer_s in exchange for the Developer's waiver of street oversizing reimbursement shall be a
-� condition of annexation of the P.U.D. property to the City. _
2.9 Third -Party Reimbursements.
(a) The Developer shall be entitled to all third -party reimbursements for which it
may be eligible under the City's Municipal Code, provided that the Developer agrees to
Jun. 27. 2001 10:30AM SET. TI ILE FT. COLLINS
No.5844 P. 6/15
v
BEGINNING AT THE WEST QUARTER- CORNER OF SAID SECTION 8
THENCE ALONG THE NORTH LINE OF THE SOUTHWEST OUARTER OF SAID SECTION_ 8. NORTH
89'42'050 EAST A DISTANCE OF 57.53 FEET;
THENCE LEAVING SAID NORTHERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 8 AND
ALONG THE FOLLOWING TEN (10) COURSES:
1) SOUTH OO'OO'OC' EAST A DISTANCE OF 632.88 FEET TO THE BEGINNING OF A CURVE TO
THE LEFT;
2) ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 13942.50 FEET, A CENTRAL ANGLE
OF 00'5741' AND AN ARC LENGTH OF 233.97 FEET,
3) SOUTH Ol OE'26' EAST A DISTANCE OF 97.11 F—=7 TO THE BEGINNING OF A CURVE TO
THE LE :
4) ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 13942.50 FEET, A CENTRAL ANGLE
OF 00'19'48" AND AN ARC LENGTH OF 80.29 FEET,
5) SOUTH 0128'58' EAST A DISTANCE OF 449.74 FEET TO THE BEGINNING OF A CURVE TO
THE RIGHT,
6) ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 6557.50 F__ i. A CENTRAL ANGLE
OF 0125'25' AND AN ARC LENGTH OF 152.92 F" ;
7) SOUTH 00'09'12' WEST A DISTANCE OF 86.80 FE TO THE BEGINNING OF A
NON -TANGENT CURVE TO THE RIGHT;
e) ALONG THE ARC OF SAID OJRVE HAVING A RADIUS OF 6557.50'. A CENTRAL ANGLE OF
01'28'4r AND AN ARC I =NCTh. OF 169.37 F_T, THE CHORD 0= WHICH BEARS SOUTH 01'
16'21' WEST, 169.36 rw-
91 SOUTr O2'CO'4E' WEST A DIS'.AN-- OF 260.41
10) SOUTH 90b0'GO' WEST A DISTANCE OF 115.78 FEE- TO A POINT ON THE WESTERLY
RIGHT-CF-WA- JNE OF TIMBERLINE ROAD (COUNTY ROAD 11);
THENCE ALONG SAID WESTERLY RIGHT-CF-WAY JNE OF TIMBERLINE ROAD (COUNTY ROAD
11). NORTH 00-O0'DO' WEST A DISTANCE OF 866.75 r=—j TO A POINT ON THE SOUTHERLY
JNE OF THE KEATING ANNEXATION NO. 2, ORDINANCE NO. 63, 1999;
THENCE ALONG SAID SOUTHERLY LINE OF THE KEATING ANNEXATION NO. 2 NORTH 9CV0'00.
EAST A 015TANCE OF 80.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
TIMBERLINE ROAD (COUNTY ROAD 11):
THENCE ALONG THE EASTERLY LINE OF SAID KEATING ANNEXATION NO. 2 AND SAID
EASTERLY RIGHT-OF-WAY LINE OF TIMBERLINE ROAD (COUNTY ROAD 11), NORTH 00'00'00'
WEST A DISTANCE OF 639.70 FEET;
THENCE LEAVING SAID EASTERLY RIGHT-CF-WAY LINE OF TIMBERLINE ROAD (COUNTY ROAD
11) AND ALONG THE NORTHERLY LINE OF SAID KEATING ANNEXATION NO. 2. NORTH 90'00'00'
WEST A DISTANCE OF 60.00 FEE i TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF
TIMBERLINE ROAD (COUNTY ROAD 11);
THENCE LEAVING SAID NORTHERLY LINE OF KEATING ANNEXATION NO. 2 AND ALONG SAID
WESTERLY RIGIHT-OF-WAY LINE OF TIMBERLINE ROAD (COUNTY ROAD 11). NORTH 00*0*000
WEST A DISTANCE OF 656.09 s <_T;
_THENCS LAVING SAIC WESTERLY RIGHT-OF-WAY LINE CF TIMBERLINE ROAD (COUNTY ROAD
11). NORTH 8942"05' EAST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 4.279 ACRES (186,376 SO -FT.). MORE OR LESS
SLWECr TO ANY RIGHTS-OF-ToMY TO BE DEDICATED TO LARDIER =,r!Y, COIfDRADO ON THE '
SUBDIVISION PLAT OF WESTCHASE P.U.D.
al
Jun. 27. 2001 10:3CAM SEC. TITLE FT. COLLINS No. 5844 P. 7/15
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ATTACHMENT "C'
TO THE PETITION FOR ANNEXATION
CONDITIONS OF ANNEXATION
1. The annexation of the Properties to the City shall be subject to the terms and conditions of
the Subdivision Development Agreement between Larimer County, Colorado ("County") and the
Petition dated _ 2001 ("Development Agreement"), including, but not limited to, the
following Section 2 of the Development Agreement:
2. Annexation to the Citv of Fort Collins:
In the event that the P.U.D. property is annexed to the City of Fort Collins ("City"), the
following special conditions shall apply together with other applicable terms and conditions of this
Agreement, and such special conditions shall be incorporated as conditions into the Annexation
Petitions as hereinbelow defined-
2.1 Interuovernmental Agreement The P_U.D. is located in proximity to the 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 Master Plan and Preliminary
Plat approval by the County occurred after the adoption and approval of the
Intergovernmental Agreement, and the density, lot layout, street configuration and other land
planning elements were approved by the County after consultation with the City. Therefore,
certain engineering criteria and obligations described in the Intergovernmental Agreement
have been, imposed upon the PUD in accordance with the Finding and Resolution adopted by
Latimer County on December 20, 1999.
2.2 Annexation Petitions- The County and Developer acknowledge that the PUD
may eventually be annexed into the City, provided the annexation is completed in strict
conformance with the terms of this Agreement and the Petitions for Annexation, copies of
which are attached hereto and incorporated herein as Exhibits "E-1" and "E-2" (the
"Annexation Petitions").
Annexation of the P.0 D_ property shall be accomplished in a series of two
consecutive annexations in order to meet statutory contiguity requirements. Prior to the
recordation of the Final Plat, the Annexation Petitions, which combined shall include all of
the P.U.D. property, shall be fully executed by the Developer and delivered to Security Title
Guaranty Company with instructions to file the Annexation Petitions with the City Clerk on
the next business day after closing on the P.U.D_ property and recordation of the subdivision
plat for the P.U.D. property. It shall be an express provision of the Annexation Petitions that,
in the event the City annexes the Residential Parcel, it shall be permitted to develop in
accordance with the approved Final Plat, the Utility Plans and the terms of this Agreement,
and such development shall not be subject to additional City land use regulations (including,
but not limited to, the general development standards of the City's Land Use Code) unless
an amendment to such plans is sought after annexation by the Developer_ It shall also be an
express provision of the Annexation Petitions that, in the event the City annexes the
i
Jun. 27. 2001 10:31.AM SEC. TITLE FT, COLLINS
No.5844 P. 8/15
U Neighborhood Center, it shall be permitted to develop in accordance with the approved
Master Planand Preliminary Plat, the Variances, the Final Plat and the Utility Plans, provided,
however, that the Neighborhood Center shall be subject to the City's final plan review
procedures pursuant to Section 2.5 of the City's Land Use Code, modified as necessary to
reflect previous County approvals. Such final plan review shall be in accordance with the
foregoing approvals, shall be administrative in nature and shall be based upon the
development standards set forth in Appendix I of the Intergovernmental Agreement, except
as modified by the Variances. The P_U.D. shall be subject to all applicable City procedural
and fee requirements, except as otherwise set forth herein.
In the event the City does not complete the annexation of the P.U.D. property in
conformance with the terms of this Agreement and the Annexation Petitions, the Developer
shall have the right to develop in the County in accordance with the terms of this Agreement
and the general rules and regulations for development in the County.
2.3 Annexation Fees and Costs. The Developer shall pay to the City one
annexation filing fee for the processing of the Annexation Petitions and shall also pay the cost
of required annexation maps and legal descriptions in connection with the annexation of the
It
P.U.D.
24 Public Infrastructure. Construction Standards, Collateral IrsRection Fees and
Warranties. Except as otherwise set forth herein, any development parcel within the P.U.D.
(i-e. the Phase 1 Residential Parcel, the Phase 2 Residential Parcel and the Neighborhood
Center) for which the Developer has undertaken installation of public improvements on the
effective date of the annexation of the P.0 D_ to the City shall be permitted to continue such
installation in accordance with the Utility Plans and County procedures and requirements,
including„ but not limited to, County construction standards, pre -construction meeting
process and inspection fees. Notwithstanding the annexation of the P.U.D. to the City,
inspection fees for infrastructure improvements which are underway at the time of annexation
shall be paid to the County based on the County's fee schedule for such inspections. Such
installation of infrastructure improvements shall not be subject to City requirements for the
same except that: (a) collateral to ensure completion of public improvements shall be posted
with the County in accordance with Subsection 14.2 of this Agreement, and upon the
effective date of the annexation of the P.U.D. property to the City, such collateral shall be
assigned to the City; and (b) the public infrastructure improvements shall be warrantied in
accordance with adopted policies of the City as further set forth on Exhibit " F", attached
hereto and incorporated herein by reference.
- With regard to any development parcel within the P.U.D. for which the
Developer has not undertaken installation of public improvements on the effective date of the
annexation of the P.U.D. to the City, the installation of such improvements shall be in
accordance with the Utility Plans. The City shall impose no additional standards or
requirements in connection with the Utility Plans, but such development parcel shall comply
Jun. 27. 2001 10:31..AM SEC, ^ ITLE FT, COLLINS
k 5844 P. 9/I5
431�_ with all applicable City procedural and fee requirements for such improvements, including,
but not limited to, obtaining a development construction permit, posting of collateral,
provision of applicable construction warranties and guarantees and payment ofCityinspection
fees.
2.5 Building Permits. Prior to the effective date of the annexation of the P.U.D.
to the City, all applications for building permits or issuance of building permits shall be in
accordance with County procedures and subject to County fees. Thereafter, all such
applications for, and issuance of, building permits shall be in accordance with City procedures
and subject to City fees for the same, provided that nothing herein shall be construed to
- permit the imposition of a City requirement inconsistent with the Utility Plants or the terms
of this Agreement. Requirements for building permit issuance as set forth in Subsection 7.4
and Section 17 of this Agreement shall continue to apply to the P U.D. upon its annexation
to the City.
2.6 Certificates of Occupancy With regard to any building permits which are
issued prior to the effective date of the annexation of the P.U.D. property to the City, the
County and the City shall mutually agree which entity shall issue the certificate of occupancy
therefor. In the event the County and the City do not reach agreement, such certificates of
occupancy shall be issued by the County.
2.7 Waiver of Street Oversizing Fees The City has agreed to waive its Street
Oversizing Capital Expansion Fee for each building permit issued by the City within the
P.U.D. in exchange for the waiver by the Developer of any right to street oversizing
reimbursement from the City in connection with its construction of transportation
improvements in connection with the P.U.D. The City's agreement to waive such fees in
exchange for the Developer's waiver of street oversizing reimbursement shall be a condition
of annexation of the P.U.D. property to the City.
2.8 Third -Party Reimbursements.
(a) The Developer shall be entitled to all third -party reimbursements for
which it may be eligible under the City's Municipal Code, provided that the Developer,
agrees to indemnify the City from all costs, including attorneys' fees, in connection
with any litigation which is filed challenging such reimbursement obligation.
(b) The City shall pay to the Developer any monies it has received from
the Developer of Linden Park, City of Fort Collins, for the construction of the bike
lanes at the time that such bike lanes have been completed.
2.9 Payment of Fees from County and City. If and when the County has received
payment for any inspection fees or building permit fees received prior to the annexation of the
P.U.D. to the City, the County will promptly pay such fees to the City upon the annexation
of the P.U.D. to the City. There shall be no additional fees imposed by the City for
inspections or building permits for which the County fees have been paid by the Developer.
Jun. 27. 2001 10;32AM SEC, TITLE FT. COLLINS
No, 5844 P. 10/15
2.10 Inconsistencies. In the event that any of the special conditions set forth in this
Section 2 shall be in conflict or inconsistent with any other term or condition of this
Agreement, the special conditions shall prevail and shall supersede any provisions of this
Agreement in conflict therewith. All provisions of this Agreement which are not in conflict
with such special conditions shall continue to apply to the P.UD. property upon annexation
to the City.
2. Upon completion of the annexation of the Properties to the City, the City shall be deemed a
successor to the: County and shall be subject to all rights and obligations of the County thereunder.
Jun. 27, 2001 10:32AM SEC. TITLE FT. COLLINS
No.5844 P. 11/15
\� ATTACHMENT "D"
STATE OF COLORADO )
ss.
COUNTY OF LARBIER )
.The undersigned, being first duly sworn upon his oath, states:
That he was the circulator of the attached Petition for Annexation and- that each signature
therein is the signature of the person whose name it purports to be.
David L. Osborn
Subscribed and sworn to before me this _ day of 2001, by David L.
Osbom.
WITNESS my hand and official seal.
Commission Expiration
Notary Public
41
Jun, 27, 2001 10:32AM SEC, TITLE FT. COLLINS No. 5844 P. 12/15
�U
ATTACHMEIV'T "E"
I, David L. Osborn, an attorney licensed to practice in the State of Colorado, hereby certify
that I have examined the records of the Clerk and Recorder ofLarimer County, Colorado and have
verified that the signers of this Annexation Petition for the areas referred to as the Westchase
Annexation to the City of Fort Collins are owners of real property in the area proposed for
annexation. Furthermore, I certify that said owners constitute more than 50% of the landowners in
the area proposed) for annexation, as said areas are descn'bed on Attachments "A" and " B" of said
Annexation Petition, and own more than 50% of the land in said areas, exclusive of streets and alleys.
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Jun, 27. 2001 10:33AM
SEC. TITLE FT. COLLINS
No.6844 P. 13/16
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MUM "F"
MAINTENANCE GUARANTE7—:
The Developer hereby warrants and guarantees to the City, for a period of
two (2) years from the date of completion and acceptance by the City of the
public improvements warranted hereunder, the full and complete
maintenance and repair of the public improvements constructed for this
Development. This warranty and guarantee is made in accordance with the
City of Fort Collins Land Use Code and/or the Transitional Land Use
Regulations, as applicable- This guarantee applies to the streets and all
other appurtenant strucures and amenities lying within the nchtE-of-Nay,
easements and other public properties, including, without limitation, all
curbing, sidewalks, bike paths, drainage pipes, culverts, catch basins,
drainage ditches anc landscaping. Any maintenance andlor repair required
on utilities shall be coordinated with the owning utility company or city
department.
The Developer shalt maintain said public improvements in a manner that will
assure compliance an a consistent basis with all construction standards,
safety requirements and environmental protection requirements of the Clty.
The Developer shall also correct and repair, or cause to be corrected and
repaired, all damages to said public improvements resulting from
development -related or build ing-related activities. In the event the Developer
fails to correct any damages within thirty (30) days afler written notice
thereof, then said damages may be corrected by the City and all costs and
charges billed to and paid by the Developer. The City shall also have any
other remedies available to it as authorized by this Agreement. Any
damages which occurred prior to the end of said two (2) year period and
which are unrepaired at the termination of said period shall remain the
responsibility of the Developer.
REPAIR GUARANTEE
The Developer agrees to hold the City cf Fort Collins, Colorado, harmless for
a five (5) year period, commending upon the date of completion and
acceptance by the City of the public improvements constructed for this
Development, from any and all claims, damages, or demands arising on
21
Jun, 27. 2001 10:33AM SEC. TITLE FT. COLLINS No. 5844 P. 14/15
a�
account of the design and construction of public improvements of the
property shown on the approved plans and documents for this Development:
and the ownerfurthermere commits to make necessaryrepairs to said public
Improvements, to include, without limitation, the roads, streets, fills,
embankments, ditches, cross pans, sub -drains, culverts, walls and bridges
within the right-of-way easements and otherpublic properties, resulting from
failures caused by design and/or construction defects. This agreement to
hold the City harmless includes defects in materials and workmanship, as
well as defects caused by or consisting of settling trenches, fills or
excavations.
Further, the Developer agrees that the City shall not be liable to the
Developer during the warranty period, for any claim of damages resulting
from negligence in exercising engineering techniques and due caution in the
construction of cross drains, drives, structures or buildings, the changing of
courses of streams and rivers, ticceing from natural creeks and rivers, and
any other matter wnatscever on Private property. Any and all monetary
liability occurring under this paragrach shall be the liability of the Developer.
The obligations of the Developer pursuant to the "maintenance guarantee"
and "repair guarantee" provisions sec forth above may not be assigned or
transferred to any other person or entity unless the warranted improvements
are completed by, and a letter of acceptance of the warranted improvements
is received from the City by, such other person or entity.
22
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indemnify the City from all costs, including attorneys' fees, in connection with any litigation
which is filed challenging such reimbu wnicat obligation.
(b) The City shall pay to the Developer arty monies it has received from the
Developer of Linden Park, City of Fort Collins, for the construction of the bike lanes at the time
that such bike lanes have been completed
2.4 Paymept ofFees from Couttty and City. If and when the County has received payment
for any inspection fees or building permit fees received prior to the annexation of the P.Uil7. to the City,
the County will promptly pay such fees to the City upon the annexation of the P.U.D. to the City. There
shall be no additional fees imposed by tine City for inspections or building permits for which the County
fees have been paid by the Developer.
2.10 Inconsistencies. In the event that any of the special conditions set forth in this Section
2 shall be in conflict or inconsistent with any other term or condition of this Agreement, the special
conditions shall prevail and shall supersede any provisions of this Agreement in conflict therewith All
provisions of this Agreement which are not in conflict with such special conditions shall continue to apply
to the P.U.D. property upon annexation to the City.
3. Public Infrastructure. C2nstruction Schedule and Standards:
3.1 Construction Period. Unless otherwise specifically agreed herein, all construction
infrastructure improvements required to be constructed or installed and all other masers herein agreed to
be performed shall be installed, constructed or performed by the Developer within three (3) years of 'he
date on which the Final Plat is retarded.
3.2 Compliance with Utility Plans. The Developer shall constructor install streets, Garbs.
gutters, utilities, drainage controls, water and sewer facilities, flood protection devices and other
improvements shown on the Final Plat and in accordance with the UtilityPlans. All construction shall be
performed in a good and workmanlike manner and in accordance with applicable County standards, rules
and regulations governing such construction As part of the early construction activities for the
Residential Parcel, the Developer will complete the overlot grading of the entire P.0 D_ property, except
those areas immediately needed for construction improvements will be promptly re -vegetated in
accordance with the erosion control plan.
4. Water Suooly:
Developer shall install the water system improvements necessary to service the P.U.D. in the manner
provided on the Utility Plans which have been approved by the Fort Collins -Loveland Water District C'Water
District"). The water supply system shall be subject to inspection by the Water District and the County Engineer
during construction Trench backfill and compaction associated with installation of the water supply system under
the public right-of-way shall be inspected by the City Engineer, and any deviations from the applicable standards
shall be the responsibility of the Developer to correct. Developer shall submit a letter of acceptance from the Water
District for the main i ee and responsibility of all water supply improvements prior to the release of the final
non -warranty collateral or release of completed improvements.
All sewer lines required for the P.U.D. shall be constructed in accordance with the requirements of the
South Fort Collins Sanitation District ("Sanitation District") and the County Engineer and as reflected on the
Utility Plans which have been approved by the Sanitation District The sewer trains and supply service lines shall
be subject to inspection by the Sanitation District and the County Engineer during construction. Trench backfill
and compaction associated with installation of the waste water system under the public right-of-way shall be
inspected by the City Engineer, and any deviations from the applicable standards shall be the responsibility of the
Jun. 27. 2001 10:14AM SEC. TITLE FT. COLLINS No. 5844 P. 15/15
RATIFICATION OF
AGREEMZNT
Marcus Palkowitsh, as the Manager of Westchase Properties, LLC, ■ Colorado limited liability company,
mcuted a Subdivision Development Agreement regarding Wcstchase PUD on May 31, 2001 and his Signature was
notarized on May 31, 2001. This signature was done pursuant to a request from Lager County.
Westchase Ptapetties, LLC did not become the owner of the property which is the subject of the aforesaid
Subdivision Development Agreement until lime 18, 2001. Mr. Palkowitsh, as Manager of Westchase Properties,
LLC, a Colorado limited liability company, hereby ratifies and reaffirms his signature on the Subdivision
Development AgreemenL
.s .I t .
WESTCHASE PROPERTIES, LLC, a Colatado limited
liability company
By;—
S. Palkowitsh, Manager
State of Colorado
County of Latimer
The forego4ng instrument was acknowledged and signed before me this 18th
day of June 2001 by Marcus Palkowitsh as Manager of Westchase Properties, LLC,
a Colorado limited liability company.
My commission expires: 11-10-02
Notary I
blic
V
BECKY
WARNER
Jun. 28. 2001 10:45AM SECURITY TITLE FT. COLLINS No. 1027 P. 1/2
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, is made and entered into this Corm day of 5j!0rfi&& iP
200_6, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as the "City'; and CARMICHAEL PROPERTY, LLC,
a Colorado limited liability company, hereinafter referred to as the "Developer."
WITNESSETH:
WHEREAS, the Developer is the owner of certain real property situated in the
County of Larimer, State of Colorado, (hereafter sometimes referred to as the "Property"
or "Development") and legally described as follows, to wit:
Lot 2, Block 11 of Westchase P.U.D. (Goddard School), located in Section 8,
Township 6 North, Range 68 West of the 6th P.M., City of Fort Collins, County of
Larimer, State of Colorado.
WHEREAS, the Developer desires to develop the Property and has submitted to
the City all plats, plans (including utility plans), reports and other documents required for
the approval of a final plan according to the City's development application submittal
requirements master list (the "Final Development Plan Documents") copies of which are
on file in the office of the City Engineer and made a part hereof by reference; and
WHEREAS, the parties hereto have agreed that the development of the Property
will require increased municipal services from the City in order to serve such area and
will further require the installation of certain improvements primarily of benefit to the
lands to be developed and not to the City of Fort Collins as a whole; and
WHEREAS, the City has approved the Final Development Plan Documents
submitted by the Developer subject to certain requirements and conditions, which
involve the installation of and construction of utilities and other municipal improvements
in connection with the Property.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, it is agreed as follows:
General Conditions
A. The terms of this Agreement shall govern all development activities of the
Developer pertaining to the Property. For the purposes of this Agreement,
development activities shall include, but not be limited to, the following: (1) the actual
construction of improvements, (2) obtaining a permit therefor, or (3) any change in
grade, contour or appearance of the Property caused by, or on behalf of, the Developer
with the intent to construct improvements thereon.
B. All water lines, sanitary sewer collection lines, storm sewer lines and
facilities, streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on
the Final Development Plan Documents and in full compliance with the standards and
specifications of the City on file in the office of the City Engineer at the time of approval
of the utility plans relating to the specific utility, subject to a three (3) year time limitation
from the date of approval of the site specific development plan. In the event that the
Developer commences or performs any construction pursuant hereto after the passage
of three (3) years from the date of approval of the site specific development plan, the
Developer shall resubmit the utility plans to the City Engineer for reexamination. The
City may then require the Developer to comply with the approved standards and
specifications of the City on file in the office of the City Engineer at the time of the
resubmittal.
C. No building permit for the construction of any structure within the Property
shall be issued by the City until the public water lines and stubs to each lot, fire
hydrants, electrical lines, sanitary sewer lines and stubs to each lot, and public streets
(including curb, gutter, and pavement with at least the base course completed) serving
such structure have been completed and accepted by the City. No building permits
shall be issued for any structure located in excess of six hundred and sixty feet (660')
from a single point of access, unless the structures contain sprinkler systems that are
approved by the Poudre Fire Authority.
D. Any water lines, sanitary sewer lines, storm drainage lines, electrical lines,
and/or streets described on Exhibit "A," attached hereto, shall be installed within the
time and/or sequence required on Exhibit "A." If the City Engineer has determined that
any water lines, sanitary sewer lines, storm drainage facilities and/or streets are
required to provide service or access to other areas of the City, those facilities shall be
shown on the Final Development Plan Documents and shall be installed by the
Developer within the time as established under "Special Conditions" in this document.
E. Except as otherwise herein specifically agreed, the Developer agrees to
install and pay for all water, sanitary sewer, and storm drainage facilities and
appurtenances, and all streets, curbs, gutters, sidewalks, bikeways and other public
improvements required by this Development as shown on the Final Development Plan
Documents and other approved documents pertaining to this Development on file with
the City.
PA
F. Street improvements shall not be installed until all utility lines to be placed
therein have been completely installed, including all individual lot service lines (water
and sewer) leading in and from the main to the property line and all electrical lines.
G. The installation of all utilities shown on the Final Development Plan
Documents shall be inspected by the Engineering Department of the City and shall be
subject to such department's approval. The Developer agrees to correct any
deficiencies in such installations in order to meet the requirements of the plans and/or
specifications applicable to such installation. In case of conflict, the Final Development
Plan Documents shall supersede the standard specifications, except that if the conflicts
are a result of Federal or State mandated requirements, then the Federal or State
mandated requirements shall prevail.
H. Public easements shall be provided for access, utilities and drainage as
required by the design and location of such infrastructure and as reflected on the plans.
Alignment and grades on privately maintained streets and drives shall allow for safe
access, ingress and egress by owners, visitors, the general public and public safety
officials and equipment, as approved by the City Engineer.
I. All storm drainage facilities shall be so designed and constructed by the
Developer as to protect downstream and adjacent properties against injury and to
adequately serve the Property (and other lands as may be required, if any). The
Developer shall meet or exceed the minimum requirements for storm drainage facilities
as have been established by the City in its Drainage Master Plans and Design Criteria.
The Developer, for itself and its successor(s) in interest, does hereby indemnify and
hold harmless the City from any and all claims that might arise, directly or indirectly, as
a result of the discharge of injurious storm drainage or seepage waters from the
Property in a manner or quantity different from that which was historically discharged
and caused by the design or construction of the storm drainage facilities, except for (1)
such claims and damages as are caused by the acts or omissions of the City in
maintenance of such facilities as have been accepted by the City for maintenance; (2)
errors, if any, in the general concept of the City's master plans (but not to include any
details of such plans, which details shall be the responsibility of the Developer); and (3)
specific written or otherwise documented directives that may be given to the Developer
by the City. The City agrees to give notice to the Developer of any claim made against
it to which this indemnity and hold harmless agreement by the Developer could apply,
and the Developer shall have the right to defend any lawsuit based on such claim and to
settle any such claim provided Developer must obtain a complete discharge of all City
liability through such settlement. Failure of the City to give notice of any such claim to
the Developer within ninety (90) days after the City first receives a notice of such claim
under the Colorado Governmental Immunity Act for the same, shall cause this indemnity
and hold harmless agreement by the Developer to not apply to such claim and such
failure shall constitute a release of this indemnity and hold harmless agreement as to
such claim. Approval of and acceptance by the City of any storm drainage facility
design or construction shall in no manner be deemed to constitute a waiver or
relinquishment by the City of the aforesaid indemnification. The Developer shall engage
3
a Colorado licensed professional engineer to design the storm drainage facilities as
aforesaid and it is expressly affirmed hereby that such engagement shall be intended
for the benefit of the City, and subsequent purchasers of property in the Development.
J. The Developer shall pay storm drainage basin fees in accordance with
Chapter 26, Article VII of the City Code. Storm drainage improvements eligible for
credit or City repayment under the provisions of Chapter 26 are described together with
the estimated cost of the improvements on the attached Exhibit "B," which
improvements, if applicable, shall include right-of-way, design and construction costs.
See Section II.C, Special Conditions, Storm Drainage Lines and Appurtenances, for
specific instructions.
K. The Developer shall provide the City Engineer with certified Record Plan
Transparencies on Black Image Diazo Reverse Mylars upon completion of each phase
of the construction. Utilities will not be initially accepted prior to as -built drawings being
submitted to and approved by the City of Fort Collins.
L. The Developer specifically represents that to the best of its knowledge all
property dedicated (both in fee simple and as easements) to the City associated with
this Development (whether on or off -site) is in compliance with all environmental
protection and anti -pollution laws, rules, regulations, orders or requirements, including
solid waste requirements, as defined by the U. S. Environmental Protection Agency
Regulations at 40 C.F.R., Part 261, and that such property as is dedicated to the City
pursuant to this Development, is in compliance with all such requirements pertaining to
the disposal or existence in or on such dedicated property of any hazardous
substances, pollutants or contaminants, as defined by the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended, and
regulations promulgated thereunder. The Developer, for itself and its successor(s) in
interest, does hereby indemnify and hold harmless the City from any liability whatsoever
that may be imposed upon the City by any governmental authority or any third party,
pertaining to the disposal of hazardous substances, pollutants or contaminants, and
cleanup necessitated by leaking underground storage tanks, excavation and/or backfill
of hazardous substances, pollutants or contaminants, or environmental cleanup
responsibilities of any nature whatsoever on, of, or related to any property dedicated to
the City in connection with this Development, provided that such damages or liability are
not caused by circumstances arising entirely after the date of acceptance by the City of
the public improvements constructed on the dedicated property, except to the extent
that such circumstances are the result of acts or omissions of the Developer. Said
indemnification shall not extend to claims, actions or other liability arising as a result of
any hazardous substance, pollutant or contaminant generated or deposited by the City,
its agents or representatives, upon the property dedicated to the City in connection with
this Development. The City agrees to give notice to the Developer of any claim made
against it to which this indemnity and hold harmless agreement by the Developer' could
apply, and the Developer shall have the right to defend any lawsuit based on such claim
and to settle any such claim provided the Developer must obtain a complete discharge
of all City liability through such settlement. Failure of the City to give notice of any such
4
claim to the Developer within ninety (90) days after the City first receives a notice of
such claim under the Colorado Governmental Immunity Act for the same, shall cause
this indemnity and hold harmless agreement by the Developer to not apply to such
claim and such failure shall constitute a release of this indemnity and hold harmless
agreement as to such claim.
M. The Developer acknowledges and agrees that the City, as the owner of
any adjacent property (the "City Property") on which off -site improvements may be
constructed, or that may be damaged by the Developer's activities hereunder, expressly
retains (and does not by this Development Agreement waive) its rights as property
owner. The City's rights as owner may include without limitation those rights
associated with the protection of the City Property from damage, and/or the
enforcement of restrictions, limitations and requirements associated with activities on
the City Property by the Developer as an easement recipient.
II. Special Conditions
A. Water Lines
1. Notwithstanding anything in this Agreement to the contrary, the
Development will be provided water service from the Fort Collins -Loveland Water
District ("Water District"), and all water line improvements shall be installed and
inspected in accordance with the Water District's regulations and the approved plans
therefor.
B. Sewer Lines
1. Notwithstanding anything in this Development Agreement to the
contrary, the Property will be provided sanitary sewer service from the South Fort
Collins Sanitation District ("Sewer District"), and all sewer line improvements shall be
installed and inspected in accordance with the Sewer District's regulations and the
approved plans therefor.
C. Storm Drainage Lines and Appurtenances
1. All on -site and off -site storm drainage improvements associated
with this Development, as shown on the Final Development Plan Documents, shall be
completed by the Developer in accordance with said Final Development Plan
Documents prior to the issuance any certificate of occupancy. Completion of
improvements shall include the certification by a professional engineer licensed in
Colorado that the drainage facilities which serve this Development have been
constructed in conformance with said Final Development Plan Documents. Said
certification shall be submitted to the City at least two weeks prior to the issuance of any
certificate of occupancy in this Development.
5
2. The Developer shall be responsible for maintaining the structural
integrity and operational functions of all drainage facilities throughout the build -out of
this Development. If at any time following certification (as required pursuant to
paragraph one (1) above) of said drainage facilities and during the construction of
structures and/or lots within this Development the City reasonably decides that said
drainage facilities no longer comply with the Final Development Plan Documents, the
City shall give written notice to the Developer of all items which do not comply with the
Final Development Plan Documents. Unless the Developer successfully appeals the
decision of non-compliance, it shall bring such facilities back up to the standards and
specifications as shown on the Final Development Plan Documents. Failure to maintain
the structural integrity and operational function of said drainage facilities following
certification shall result in the withholding of the issuance of additional building permits
and/or certificates of occupancy until such drainage facilities are repaired to the
operational function and structural integrity which was approved by the City.
3. The Developer agrees to provide and maintain erosion control
improvements as shown on the Final Development Plan Documents to stabilize all over -
lot grading in and adjacent to this Development. The Developer shall also be required
to post a security deposit in the amount of $5,393.00 prior to beginning construction to
guarantee the proper installation and maintenance of the erosion control measures
shown on the Final Development Plan Documents. Said security deposit(s) shall be
made in accordance with the criteria set forth in the City's Storm Drainage Design
Criteria and Construction Standards (Criteria). If, at any time, the Developer fails to
abide by the erosion control provisions of the Final Development Plan Documents or the
erosion control provisions of the Criteria after receiving notice of the same or an
emergency situation exists which would reasonably require immediate mitigation
measures, then, in either event, and notwithstanding any provisions contained in
paragraph III(J) to the contrary, the City may enter upon the Property for the purpose of
making such improvements and undertaking such activities as may be necessary to
ensure that the provisions of said plans and the Criteria are properly enforced. The City
may apply such portion of the security deposit(s) as may be necessary to pay all costs
incurred by the City in undertaking the administration, construction, and/or installation of
the erosion control measures required by said plans and the Criteria. In addition, the
City shall have the option to withhold building permits and certificates of occupancy, as
stated in Paragraph III.D of this Agreement, as it deems necessary in order to ensure
that the Developer installs and maintains the erosion control measures throughout the
build -out of this Development.
4. It is important that all lots be graded to drain in the configuration
shown on the Final Development Plan Documents. For this reason the following
requirements shall be followed for all buildings/structures on all lots:
Prior to the issuance of a certificate of occupancy for any lot or building
the Developer shall provide the City with certification that the lot and or the
building has been graded correctly. This grading certification shall
demonstrate that the lot or building finish floor elevation has been built in
G7
accordance with the elevation specified on the Final Development Plan
Documents. The certification shall also show that the minimum floor
elevation or minimum opening elevation for any building constructed is in
compliance with the minimum elevation as required on the Final
Development Plan Documents. The certification shall demonstrate as well
that any minor swales adjacent to the building or on the lot have been
graded correctly and in accordance with the grades shown on the Final
Development Plan Documents. The certification shall also show that the
elevations of all corners of the lot are in accordance with the elevations
shown on the Final Development Plan Documents. Said certification shall
be completed by a Colorado licensed professional engineer and shall be
submitted to the City at least two weeks prior to the date of issuance of the
desired certificate of occupancy.
5. The Developer shall obtain the City's prior approval of any changes
from the Final Development Plan Documents in grade elevations and/or storm drainage
facility configuration that occur as a result of the construction of houses and/or
development of lots, whether by the Developer or other parties. The City reserves the
right to withhold the issuance of building permits and certificates of occupancy for this
Development until the City has deemed such changes as being acceptable for the safe
and efficient delivery of storm drainage water.
6. The Developer shall limit the construction of the off -site storm
drainage improvements to the limits of construction as shown on the Final Development
Plan Documents. The contractor shall re -seed and restore all areas that are disturbed
during construction of the off -site storm drainage improvements in accordance with the
Final Development Plan Documents promptly following construction. The Developer
shall ensure that no negative impact occurs to the adjoining properties during the
construction of these improvements. No grading shall be done outside of the approved
areas as shown on the Final Development Plan Documents.
7. The Developer shall be responsible for maintenance of all storm
drainage facilities that are constructed outside of the public right-of-way.
D. Streets.
1. No street oversizing reimbursement from the City is due the
Developer for this Development.
2. Notwithstanding any provision herein to the contrary, the Developer
shall be responsible for all costs for the initial installation of traffic signing and striping
for this Development, including both signing and striping related to the Developer's
internal street operations and the signing and striping of any adjacent or adjoining local,
collector or arterial streets that is made necessary because of the Development.
7
3. Following completion of all public infrastructure improvements, the
Developer shall continue to have responsibility for maintenance and repair of said
improvements in accordance with Sections 2.2.3, 3.3.1 and 3.3.2 of the Land Use Code
of the City.
E. Natural Resources
Not Applicable
F. Soil Amendment
1. In all areas associated with this Development that are to be
landscaped or planted in accordance with the Final Development Plan Documents, and
do not require a building permit, the soils shall be loosened and amended by the
Developer in accordance with Section 3.8.21 of the Land Use Code prior to the
issuance of any certificate of occupancy in this Development. Completion of soil
amendments shall include certification by the Developer that the work has been
completed. This certification shall be submitted to the City at least two (2) weeks prior
to the date of issuance of any certificate of occupancy in this Development.
G. Ground Water, Subdrains and Water Rights
1. The City shall not be responsible for, and the Developer (for itself
and its successor(s) in interest) hereby agrees to indemnify and hold harmless the City
against any damages or injuries sustained in the Development as a result of ground
water seepage or flooding, structural damage, or other damage unless such damages
or injuries are proximately caused by the City's negligent operation or maintenance of its
storm drainage facilities in the Development. However, nothing herein shall be deemed
a waiver by the City of its immunities, defenses, and limitations to liability under the
Colorado Governmental Immunity Act (Section 24-20-101 CRS, et. seq.) or under any
other law.
2. If the Development includes a subdrain system, any such subdrain
system, whether located within private property or within public property such as street
rights -of -way or utility or other easements, shall not be owned, operated, maintained,
repaired or reconstructed by the City and it is agreed that all ownership, operation,
maintenance, repair and reconstruction obligations shall be those of the Developer or
the Developer's successor(s) in interest. Such subdrain system is likely to be located
both upon private and public property and, to the extent that it is located on public
property, all maintenance, operation, repair or reconstruction shall be conducted in such
a manner that such public property shall not be damaged, or if damaged, shall, upon
completion of any such project, be repaired in accordance with then existing City
standards. The City shall not be responsible for, and the Developer, for itself and its
successor(s) in interest, hereby agrees to indemnify and hold harmless the City against
any damages or injuries sustained in the Development as the result of groundwater
s
SUN 27 '01 06:38AM SECURITY TITLE P.7i11
✓ Developer to correct Developer shall submit a letter of acceptance from the Sanitation District for the
maintenance and respmrslbdity of all sewer improvements prior to the release of the final non -warranty collateral
or release of completed improvements.
6. Treaebear
Trenches for sanitary sewer and water and storm sewer lines under the public right -of --way shall be
compacted in accordance with the Water District's and the Sanitation District's Standard Construction
Specifications or the Iarimer County Urban Area Street Standards or the City's street standards, whichever is most
stringent Trench compaction will be tested by the Developer while work is in progress, and testing frequency
shall meet criteria detailed in the Sanitation District's Standard Construction Specifications. The test results shall
be certified by the soils laboratory and maintained on file at the site by the Developer for review by inspection
p=wnnel of the City, the County and the Water District or the Sanitation District, as applicable. In the event that
compaction testing is not provided, the County and/or the City (or the Water District or the Sanitation District, as
applicable) may order such'testing, and Developer shall reimburse the County or the City for all such testing
expenses incurred. No release of the final non warranty collateral or release of completed improvements shall be
made until sutceaffid compaction tests are received.
7, T'ransaortation Improvements:
7.1 Compliance with Approved Plans Developer shall construct all road improvements as
shown on the Utility Plans. All street layout and geometric design shall be in accordance with applicable
County standards and as portrayed on the Utility Plans. All street construction, including the pavement
design and technical criteria, shall be performed in accordance with the City's Design and Construction
Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and other Public Ways.
7.2 Acceorance of Improvements Developer shall submit the following items to requost 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 construction and that the field plaits utilized are
the same as those approved by the 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 Colorado Department of Highway Materials Manual and as required by the County
Engineering Office.
(c) Three (3) copies of the "as built' road improvements plans must be submitted
at the time Developer 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-warramy collateral shall be made until the above listed items
have been submitted.
7.3 Trilby Road and_Timberline Road Improvements. The Developer is responsible for the
design and reconstruction of the entire right-of-way of Tlimberline Road, as shown on the Utility Plans,
from its intersection with Trilby Road northerly to the northern property line of the P.U.D. (the "On -Site
Timberline Imipmvctnents-).
seepage or flooding, structural damage or other damage resulting from failure of any
such subdrain system.
3. Without admitting or denying any duty to protect water rights, the
Developer, for itself and its successor(s) in interest, hereby agrees to indemnify and
hold harmless the City against any damages or injuries to water rights caused, directly
or indirectly by the construction, establishment, maintenance or operation of the
Development.
4. The City agrees to give notice to the Developer of any claim made
against it to which the foregoing indemnities and hold harmless agreements by the
Developer could apply, and the Developer shall have the right to defend any lawsuit
based on such claim and to settle any such claim provided the Developer must obtain a
complete discharge of all City liability through such settlement. Failure of the City to
give notice of any such claim to the Developer within ninety (90) days after the City first
receives notice of such claim under the Colorado Governmental Immunity Act for the
same, shall cause the forgoing indemnities and hold harmless agreements by the
Developer to not apply to such claim and such failure shall constitute a release of the
foregoing indemnities and hold harmless agreements as to such claim.
H. Hazards and Emergency Access
1. No combustible material will be allowed on the site until a
permanent water system is installed by the Developer and approved by the City.
2. Prior to beginning any building construction, and throughout the
build -out of this Development, the Developer shall provide and maintain at all times an
accessway to said building or buildings. Such accessway shall be adequate to handle
any emergency vehicles or equipment, and the accessway shall be kept open during all
phases of construction. Such accessway shall be constructed to an unobstructed width
of at least 20 feet with 4 inches of aggregate base course material compacted according
to city standards and with an 100 foot diameter turnaround at the building end of said
accessway. The turnaround is not required if an exit point is provided at the end of the
accessway. Prior to the construction of said accessway, a plan for the accessway shall
be submitted to and approved by the Poudre Fire Authority and City Engineer. (Three
plan sets shall be submitted to the Poudre Fire Authority at 102 Remington Street for
review and processing.) If such accessway is at any time deemed inadequate by the
Poudre Fire Authority or City Engineer, the accessway shall be promptly brought into
compliance and until such time that the accessway is brought into compliance, the City
and/or the Poudre Fire Authority may issue a stop work order for all or part of the
Development.
I. Footing and Foundation Permits
1. Notwithstanding any provision in this Agreement to the contrary, the
Developer shall have the right to obtain a Footing and Foundation permit upon the
9
installation of all underground water, sanitary sewer, and storm sewer facilities, and an
emergency accessway for the Phase in which the permit is being requested. Facilities
shall include but not be limited to all mains, lines, services, fire hydrants and
appurtenances for the site as shown on the Final Development Plan Documents.
J. Development Construction Permit
1. The Developer shall apply for and obtain a Development
Construction Permit for this Development, in accordance with Division 2.6 of the Land
Use Code (or Section 29-12 of the Transitional Land Use Regulations, if applicable),
prior to the Developer commencing construction. The Developer shall pay the required
fees for said Permit and construction inspection, and post security to guarantee
completion of the public improvements required for this Development, prior to issuance
of the Development Construction Permit.
K. Maintenance and Repair Guarantees
1. The Developer agrees to provide a two-year maintenance
guarantee and a five-year repair guarantee covering all errors or omissions in the
design and/or construction of the public improvements required for this Development,
which guarantees shall run concurrently and shall commence upon the date of
completion of the public improvements and acceptance thereof by the City. More
specific elements of these guarantees are noted in Exhibit "C." Security for the
maintenance guarantee and the repair guarantee shall be as provided in Section
3.3.2(C) of the Land Use Code, or Section 29-14 of the Transitional Land Use
Regulations, as applicable. Notwithstanding the provisions of paragraphs III (H) and (1)
of this Agreement to the contrary, the obligations of the Developer pursuant to this
paragraph and Exhibit "C" may not be assigned or transferred to any other person or
entity unless the warranted improvements are completed by, and a letter of acceptance
of the warranted improvements is received from the City by, such other person or entity.
III. Miscellaneous
A. The Developer agrees to provide and install, at its expense, adequate
barricades, warning signs and similar safety devices at all construction sites within the
public right-of-way and/or other areas as deemed necessary by the City Engineer and
Traffic Engineer in accordance with the City's "Work Area Traffic Control Handbook"
and shall not remove said safety devices until the construction has been completed.
B. As required pursuant to Chapter 20, Article IV of the City Code, the
Developer shall, at all times, keep the public right-of-way free from accumulation of
waste material, rubbish; or building materials caused by the Developer's operation, or
the activities of individual builders and/or subcontractors; shall remove such rubbish as
often as necessary, but no less than daily and; at the completion of the work, shall
remove all such waste materials, rubbish, tools, construction equipment, machinery,
10
and surplus materials from the public right-of-way. The Developer further agrees to
maintain the finished street surfaces so that they are free from dirt caused by the
Developer's operation or as a result of building activity. Any excessive accumulation of
dirt and/or construction materials shall be considered sufficient cause for the City to
withhold building permits and/or certificates of occupancy until the problem is corrected
to the satisfaction of the City Engineer. If the Developer fails to adequately clean such
streets within two (2) days after receipt of written notice, the City may have the streets
cleaned at the Developer's expense and the Developer shall be responsible for prompt
payment of all such costs. The Developer also agrees to require all contractors within
the Development to keep the public right-of-way clean and free from accumulation of
dirt, rubbish, and building materials.
C. The Developer hereby agrees that it will require its contractors and
subcontractors to cooperate with the City's construction inspectors by ceasing
operations when winds are of sufficient velocity to create blowing dust which, in the
inspector's opinion, is hazardous to the public health and welfare.
D. The Developer shall, pursuant to the terms of this Agreement, complete all
improvements and perform all other obligations required herein, as such improvements
or obligations may be shown on the Final Development Plan Documents, or any
documents executed in the future that are required by the City for the approval of an
amendment to a development plan, and the City may withhold (or to the extent
permitted by law, revoke) such building permits and certificates of occupancy as it
deems necessary to ensure performance in accordance with the terms of this
Development Agreement. The processing and "routing for approval" of the various
development plan documents may result in certain of said documents carrying dates of
approval and/or execution that are later than the date of execution of this Development
Agreement or the Memorandum Of Agreement (if any) recorded to give record notice of
this Agreement. The Developer hereby waives any right to object to any such
discrepancy in dates.
E. Nothing herein contained shall be construed as a waiver of any
requirements of the City Code, Land Use Code, or Transitional Land Use Regulations
(as applicable) and the Developer agrees to comply with all requirements of the same.
F. In the event the City waives any breach of this Agreement, no such waiver
shall be held or construed to be a waiver of any subsequent breach hereof.
G. All financial obligations of the City arising under this Agreement that are
payable after the current fiscal year are contingent upon funds for that purpose being
annually appropriated, budgeted and otherwise made available by the Fort Collins City
Council, in its discretion.
H. This Agreement shall run with the Property and shall be binding upon and
inure to the benefit of the parties hereto, their respective personal representatives,
heirs, successors, grantees and assigns. It is agreed that all improvements required
pursuant to this Agreement touch and concern the Property regardless of whether such
improvements are located on the Property. Assignment of interest within the meaning
of this paragraph shall specifically include, but not be limited to, a conveyance or
assignment of any portion of the Developer's legal or equitable interest in the Property,
as well as any assignment of the Developer's rights to develop the Property under the
terms and conditions of this Agreement.
I. In the event the Developer transfers title to the Property and is thereby
divested of all equitable and legal interest in the Property, the Developer shall be
released from liability under this Agreement with respect to any breach of the terms and
conditions of this Agreement occurring after the date of any such transfer of interest. In
such event, the succeeding property owner shall be bound by the terms of this
Agreement.
J. Each and every term of this Agreement shall be deemed to be a material
element hereof. In the event that either party shall fail to perform according to the terms
of this Agreement, such party may be declared in default. In the event that a party has
been declared in default hereof, such defaulting party shall be given written notice
specifying such default and shall be allowed a period of ten (10) days within which to
cure said default. In the event the default remains uncorrected, the party declaring
default may elect to: (a) terminate the Agreement and seek damages; (b) treat the
Agreement as continuing and require specific performance or; (c) avail itself of any
other remedy at law or equity.
K. In the event of the default of any of the provisions hereof by either party
which shall require the party not in default to commence legal or equitable action
against said defaulting party, the defaulting party shall be liable to the non -defaulting
party for the non -defaulting party's reasonable attorney's fees and costs incurred by
reason of the default. Nothing herein shall be construed to prevent or interfere with the
City's rights and remedies specified in Paragraph III.D of this Agreement.
L. Except as may be otherwise expressly provided herein, this Agreement
shall not be construed as or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any right of action hereunder for
any cause whatsoever.
M. It is expressly understood and agreed by and between the parties hereto
that this Agreement shall be governed by and its terms construed under the laws of the
State of Colorado and the City of Fort Collins, Colorado.
N. Any notice or other communication given by any party hereto to any other
party relating to this Agreement shall be hand -delivered or sent by certified mail, return
receipt requested, addressed to such other party at their respective addresses as set
forth below; and such notice or other communication shall be deemed given when so
hand -delivered or three (3) days after so mailed:
12
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
With a copy to: City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to the Developer: Carmichael Property
c/o Louise Lever & Wallace Gammage
P.O. Box 513
Goderich, Ontario N74C4, Canada
Notwithstanding the foregoing, if any party to this Agreement, or its successors,
grantees or assigns, wishes to change the person, entity or address to which notices
under this Agreement are to be sent as provided above, such party shall do so by giving
the other parties to this Agreement written notice of such change.
0. When used in this Agreement, words of the masculine gender shall
include the feminine and neuter gender, and when the sentence so indicates, words of
the neuter gender shall refer to any gender; and words in the singular shall include the
plural and vice versa. This Agreement shall be construed according to its fair meaning,
and as if prepared by all parties hereto, and shall be deemed to be and contain the
entire understanding and agreement between the parties hereto pertaining to the
matters addressed in this Agreement. There shall be deemed to be no other terms,
conditions, promises, understandings, statements, representations, expressed or
implied, concerning this Agreement, unless set forth in writing signed by all of the
parties hereto. Further, paragraph headings used herein are for convenience of
reference and shall in no way define, limit, or prescribe the scope or intent of any
provision under this Agreement.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
As .4- City Ma ger
TTEST:
City Clerk
13
APPROVED AS TO CONTENT:
Cipf'Engineefn
Deputy
DEVELOPER:
Carmichael Property, LLC
a Colorado limited liability company
By. ..
L Lever, Marlager / Owner
By: f
Wallace G4ptfrpfige, Manager / Owner
14
EXHIBIT "A"
Schedule of electrical service installation.
Electrical lines need to be installed prior to the installation of the sidewalk, curb
returns, handicap ramps, paving and landscaping. If the Developer installs any curb
return, sidewalk or handicap ramp prior to the installation of electrical lines in an area
that interferes with the installation of the electrical line installation, the Developer shall
be responsible for the cost of removal and replacement of those items and any
associated street repairs.
2. Schedule of water lines to be installed out of sequence.
Not Applicable.
3. Schedule of sanitary sewer lines to be installed out of sequence.
Not Applicable.
4. Schedule of street improvements to be installed out of sequence.
Not Applicable
Schedule of storm drainage improvements to be installed out of sequence.
Not Applicable.
15
EXHIBIT "B"
Not Applicable
16
EXHIBIT "C"
MAINTENANCE GUARANTEE:
The Developer hereby warrants and guarantees to the City, for a period of two (2) years
from the date of completion and first acceptance by the City of the public improvements
warranted hereunder, the full and complete maintenance and repair of the public
improvements constructed for this Development. This warranty and guarantee is made
in accordance with the City of Fort Collins Land Use Code and/or the Transitional Land
Use Regulations, as applicable. This guarantee applies to the streets and all other
appurtenant structures and amenities lying within the rights -of -way, easements and
other public properties, including, without limitation, all curbing, sidewalks, bike paths,
drainage pipes, culverts, catch basins, drainage ditches and landscaping. Any
maintenance and/or repair required on utilities shall be coordinated with the owning
utility company or city department.
The Developer shall maintain said public improvements in a manner that will assure
compliance on a consistent basis with all construction standards, safety requirements
and environmental protection requirements of the City. The Developer shall also correct
and repair, or cause to be corrected and repaired, all damages to said public
improvements resulting from development -related or building -related activities. In the
event the Developer fails to correct any damages within thirty (30) days after written
notice thereof, then said damages may be corrected by the City and all costs and
charges billed to and paid by the Developer. The City shall also have any other
remedies available to it as authorized by this Agreement. Any damages which occurred
prior to the end of said two (2) year period and which are unrepaired at the termination
of said period shall remain the responsibility of the Developer.
REPAIR GUARANTEE:
The Developer agrees to hold the City of Fort Collins, Colorado, harmless for a five (5)
year period, commencing upon the date of completion and acceptance by the City of the
public improvements constructed for this Development, from any and all claims,
damages, or demands arising on account of the design and construction of public
improvements of the Property shown on the approved plans and documents for this
Development; and the Owner furthermore commits to make necessary repairs to said
public improvements, to include, without limitation, the roads, streets, fills,
embankments, ditches, cross pans, sub -drains, culverts, walls and bridges within the
right-of-way easements and other public properties, resulting from failures caused by
design and/or construction defects. This agreement to hold the City harmless includes
defects in materials and workmanship, as well as defects caused by or consisting of
settling trenches, fills or excavations.
17
Further, the Developer agrees that the City shall not be liable to the Developer during
the warranty period, for any claim of damages resulting from negligence in exercising
engineering techniques and due caution in the construction of cross drains, drives,
structures or buildings, the changing of courses of streams and rivers, flooding from
natural creeks and rivers, and any other matter whatsoever on private property. Any
and all monetary liability occurring under this paragraph shall be the liability of the
Developer.
The obligations of the Developer pursuant to the "maintenance guarantee" and "repair
guarantee" provisions set forth above may not be assigned or transferred to any other
person or entity unless the warranted improvements are completed by, and a letter of
acceptance of the warranted improvements is received from the City by, such other
person or entity.
18
JUN 27 '01 08:38AM SECURITY TITLE P.8i11
v/ The Developer is also responsible for the construction of improvements to Trilby Road
as shown on the Utility Plans (the "Tray Improvements'). The On -Site Timberline Improvements and
the Trilby Improvements are sometimes collectively rcferrcd to herein as the "On -Site Improvements"
In addition to the On -Site Improvements, the Developer shall also design and
teconstruct a portion of Timberline Road and bike lane from the northern property line of the P.U.D.
northerly to the southeast corner of Willow Spring PUD, City of Fort Collins as shown on the Utility Plans
(the "Off-site'rimberline Improvements")
7.4 ConcmetionTtminPJAuildinpPermits. The On -Site Improvements shallbecompleted
by the Developer prior to the release of more than 62 building permits (i.e. 12 building permits for model
homes and 50 additional building permits) or within twelve (12) months of the recordation of the Final
Plat, whichever shall first occur, provided that the Developer shall, in good faith, take reasonable steps to
complete such improvements by August 30, 2001, weather conditions and availability of supplies and
subcontractors permitting.
The Off -Site Timberline Improvements shall be completed prior to the issuance of more
than 112 building permits (i.e. 12 building permits for model homes and 100 additional building permits)
or August 30, 2002, whichever shall first occur, provided that Developer shall, in good faith, take
reasonable steps to complete such improvements within 12 months of recordation of the Final Plat,
weather conditions and availability of supplies and subcontractors permitting.
The Developer may close the affected portions of Timberline Road for a total period of
one hundred twenty (120) days for the construction of time required improvements. Prior to such closure, a
Traffic Control Plan must first be reviewed by the City and approved by the County (the `Traffic Control
Plan"). A copy of the approved Traffic Control Plan must be received by the City at least two weeks prior
to the date of commencement of the requested closure. In the course of such construction, the Developer
will attempt tca accommodate local traffic impacted by such consuuction, with the understanding that the
City will make alternative access available along Lemay Avenue.
7.5 Transportation Fee Waiy_ers, Inconsideration of the Developer's agreement to design
and construct the aforesaid Trilby Road and Timberline Road improvements, the County agrees to waive
the County transportation capital expansion fee (but not the County regional road fee) which would
otherwise be imposed on the P.U.D. to Section 9.3 of the County's Land Use Code (the "County Cods")
or other County regulation. To the extent of such fee waivers, the Developer agrees to waive any other
right to reimbursement from the County in connection with the improvements to Trilby Road and
Timberline Road.
7.6 Third -Party Reimbursements. The Developer shall be entitled to all third party
reimbursements for which it may be eligible under the County Code, including, but not limited to, Section
S.1.5 f thereof', in connection with its improvements to Trilby Road and Timberline Road. To the extern
of any eligibility, such reimbursements shall be the subject of a separate agreement between the Developer
and the County. The Developers eligibility for reimbursement from owners of property in unincorporated
Iarimer County which are subject to the County's jurisdiction shall not be affected by the annexation of
the P.U.D. property to the City.
7.7 BiddinP_/Bogdjng Requirements. Whether the P.U.D. is developed in the County or the
- — City, it is understood that the improvements that are to be constructed in the public right -of --way are
"Public Improvements" (as defined below) and, as such, any contract for the construction of the same
must be executed in writing. If the cost of such improvements exceeds the sum of Thirty Thousand
Dollars (S30,C000.00), the contract for the construction of the same must be submitted to a competiuve
bidding process, resulting in an award to the lowest responsible bidder, and evidence must be submitted to
the County or the City, as applicable, prior to the commencement of the work showing that the award was
given to the Icwest responsible bidder. If the cost of such improvements exceeds Fifty Thousand Dollars
JUN 27 '01 09:39RM SECURITY TITLE
P.9/11
` ($50,000.00), the contract for the construction of the improvements must be insured by a performance
bond or other equivalent security, For purposes of this paragraph, the term "Public Improvements" shall
mean either (1) existing improvements by the County or the City that are to be modified or recutistmcted,
or (2) any improvements funded in whole or in part by the County or the City.
I. Storm 1lrainaee Improvements:
8.1 Compliance with Utility Plans. Developer shall construct all on -site and off -site storm
drainage improvements as shown on the Utility Plans. 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 conformanoe with said final development plan documents Prior to the
issuance of said certification, building permits for 50 homes, 12 model homes and the church and fire and
emergency services station sites in the Neighborhood Center may be issued by the County, subject to
compliance with the provisions of Section 17 of this Agreement. Release of the final non -warranty
collateral is subject to the submittal and approval of said engineer's certification of approval.
8.2 Certification of Drainage limorovements. Ten (10) working days prior to the issuance of
any certffieate of occupancy (occupancy of model homes and/or fire and emergency serviar station
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's functionality
and adequacy. Furthermore, said certification shall identify the lot comer elevations and the top of lowest
window well or Iowest opening elevations of any improvements, as well as indicate the direction of
drainage away from improvements, swalcs, drain lines or any other elements that may facilitate drainage.
Said certification shall be submitted to the County Engineer who shall fax a copy of the certification to the
City for review. No certificate of occupancy Shall be approved unless certification is approved by the
County Engnaeer.
8.3 Landscaping of Storm Detention Facile The storm detention facility located in the
southwest portion of the Phase 1 Residential Parcel shall, after its completion and acceptance by the
County, be landscaped in accordance with the landscaping plats and the resource: management plari.
8.4 Additional Engineer's Certifications. All buildings within the P-U.D- shall be graded to
drain in the configuration shown on the grading plats for the P.U.D. approved by the County. In order to
ensure compliance with this standard requirement, the following additional requirement shall be followed
for all buildings:
Prior to the issuance of a certificate of occupancy for any
building within the P.U.D., the Developer shall provide the
County with certification that the building has been graded
correctly (including the grading of any minor swales, if
applicable); the Finished Floor Elevation for the building as
specified on the approved final development plan documents
are correct and in accordance with the approved final
development plan documents, and the minimum floor
elevation for said building constructed on said lot has been
- - completed in accordance with the approved final development
plan documents. Said certification shall be completed by a
Colorado licensed professional engineer and shall be
submitted to the County at least two (2) weeks prior to the
date of issuance of the desired certificate of occupancy.
JUN 27 '01 08c40AN SECURITY TITLE
V 8.5 Change, to Final Plat and Utility Plans. Developer shall obtain the County's prier
l! approval of any changes from the Final Plat and the Utility Plans in grade elevations and/or storm
drainage facility configuration that occur as a result of the construction of houses andlor development of
lots, whether by Developer or other parties. The County reserves the right to withhold the issuance,'if
building permits and certificates of occupancy for the P.U.D. until the County has approved such changes
as being acceptable for the safe and efficient delivery of storm drainage water, and such consent shall not
be unreasonably delayed or withheld.
8.6 Environmental issues- All or portions of lots 9, 10 and 12-16 in Block 20 in the
Residential Parcel are located within one -quarter (1/4) mile of Fossil Creek Reservoir Resource
Management Area_ Construction on a home may only continue uninterrupted through completion if the
construction of a home on any one of the lots within this .setback area has progressed to the stage where
the home has been fully enclosed prior to October 15d' of that year. No other construction, development,
utility or trail installation or building activity within one,cpuarter (1/4) mile of Fossil Creek Reservoir
Resource Management Area or on these lot? during the period of October 15* through March 15' of each
year shall occur without the prior written approval of the County Planning Department or the City Natural
Resources Department, if annexed, due to the use of the surrounding area by bald eagles and other
sensitive species for hunting, breeding and roosting and nesting purposes.
Portions of Lots 24 and 25 in Block 16 in the Residential Parcel and a section of the trail
system are located within the 300•foot setback from the 6-foot cottonwood, which represents an eagle "tree
of convenience". Constuetion on a home may only continue uninterrupted through completion if th.e
construction of a home on any one of the lots within this setback area has progressed to the stage where
the home has been fully enclosed prior to October 15°1 of that year. No other building activity within these
lots or on the section of trail within the 300-foot setback area during the period of October 151° through
March 15° of each year shall occur without the prior written approval of the County Planning Department
and/or the City Natural Resources Department, if annexed, due to the use of the surrounding area by bald
eagles and other sensitive species for hunting, breeding and rousting purposes.
8.7 Landscaping Insncctions. With respect to areas affected by the reclamation and
landscaping plans for the proposed water quality (detention) ponds and upland grassland located in the
southeastern portion of the Residential Parcel, if the areas are seeded in the spring, they shall have their
first annual inspection no later than October VIf the areas are seeded by any other time, they shall have
their first annual inspection by August 1" of the following summer. The second inspection will take place
one (1) year after the first inspection. The required coverage for the first inspection shall be ten (10)
viable live sanilings of the specified species per 1,000 square centimeters (approximately one (1) sqr =
foot), or fifty percent (50%) overhead, with no bare spots larger than 1,000 square centimeters. At the
time of the second growing sea on inspection, there shall be seventy-five percent (75019) foliage cover of
the specified species planted as measured from five (5) feet directly overhead. No more than ten percent
(10%) of the species noted onsite may be weedy species (weedy species are defined by the City's Wad
Control Department). Determination of required coverage %ill be based on fixed tramerts each ten (;10)
meters in length, randomly placed in representative portions of the seeded areas, with plant species or bare
ground/rock/litter being noted every ten (10) cend=tes along each transect. If the initial revegetat.on
does not remit County standards at the time of the second inspection, the Developer will correct any
deficiencies, and the County may extend the inspection period and retain appropriate collateral to thn
defective areas. The total acreage of the detention pond and upland areas must be itemized and included
in the cost estimate for landscaping collateral. County and City Planning staffwill review the estimates
before approving them The approved costs must be included in the total collateral for landscaping-
9, Landscaping lmprovetnenat:
Developer shall install the landscaping improvements as required in the final landscape plans for the
P.U.D. Completion of improvements shall be certified by the Developer's engineer, stating that the improvements