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HomeMy WebLinkAboutCREEKSIDE AT THE LANDINGS - Filed OA-OTHER AGREEMENTS - 2002-11-27$5.00 RCPTN # 91058662 11/22/91 13:25:00 # PAGES 1 FEE - $.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE CONSENT AND SUBORDINATION AGREEMENT WHEREAS, RONALD MONTE HUBER, on the 19th day of November, 1991, executed a certain Deed of Easement to the City of Fort Collins for the installation of drainage facilities, which easement covers land in Larimer County, Colorado, described on Exhibit "A" attached, and recorded in the Larimer County, Colorado, records on November 20, 1991, Reception No. 91058013. NOW, THEREFORE, HOME FEDERAL SAVINGS BANK, the holders and owners of a Deed of Trust recorded at Reception No. 91039144, Larimer County, Colorado, records, for a valuable consideration, their receipt of which is hereby acknowledged, hereby consents to the terms and provisions of said easement aforesaid without, however, joining in any of the warranties, guarantees or indemnities contained therein, and agree that the subject Deed of Trust shall be subordinate to such easement in the event of foreclosure thereof. GRANTOR: HOME FEDERAL SAVINGS BANK By: L - ✓i Title: STATE OF COLORADO )ss. County of Larimer ) ll � Subscribed and sworn to -before me thip;�i;r)iday of November, 1991, by Witness my hand and official s/eAl. j If Notary Public , My Commission Expires: "i rl oE--=T.CCLCI&)S Z EXHIBIT D ENGINEERING DEPT. NOTE: THIS REPRESENTS THE BEST QUALITY IMAGE POSSIBLE TAKEN C-3 FROM VERY POOR QUALITY ORIGINALS A�j i (LN\ 1k 3z CL 3 --0 lot oZo s 3 11 AGREEMENT THTS A.CREEMENT is made and entered into this 27th dal,, of ITarch, 1989 by and between FATPFIFLD PROPERTIES, a/k/a FATRFIELD FTOMES, a/k/a FATRFIT?LD COMPANIES, INC., hereinafter referred to as "Fairfield," and THARITONY COVE CONT)nITITTIi1M ASSOCTATIOIT, hereinafter referred to as "Harmony." Harmonv and Fairfield together may he referred to as "the parties hereto." T,'HERF.AS Fairfield has purchased property, hereinafter referred to as "the Fairfield Property," adjacent to the Farmony Cove Condominium Development at the Landings, hereinafter referred to as "the Harmony Property;" and 1,TT1F.AREAS Fairfield has submitted a proposal for the development, hereinafter referred to as "the Plat," of the Fairfield Property to the City of Fort Collins, hereinafter referred to as "City"; and UFFREAS the proposed development of the Fairfield Property includes green areas adjacent_ to the Harmony Property and shown on the Plat in orange, hereinafter referred to as "the Fairfield greenspaces"; and TTHERFAS Harmony contacted the City on or about March 2, 1989 expressing its concerns regarding the proposed development of the Fairfield Property ; and T-TFRFAS Fairfield and Harmony have discussed Harmony's concerns and reached an agreement which addresses the concerns of Harmony; NOW, THEREFORE, in exchange for the mutual covenants and promises of Harmonv and Fairfield, which are recognized by Harmonv and Fairfield to b'e adequate consideration for this Agreement, TTarmony and Fairfield agree as follows: 1. Fairfield has agreed to revise the proposed cul-de-sac, shown on the Plat as the red area, to include six parking spaces to radiate out from the cul-de-sac in groups of two as sketched on the Plat. Fairfield further agrees to landscape the cul-de-sac area in a manner that will he complimentary to the existing Farmony Property landscaping. 2. Fairfield will be financially responsible for the landscaping maintenance of the cul-de-sac area and the landscaping maintenance of the Harmony Cove Greenspace, shown on the plat in green, during the 1Q89 growing season. Fairfield's share of the cost of landscaping maintenance will be determined by multiplying the total cost of landscaping maintenance for the Harmonv Property by a fraction, the numerator of which is the square footage of the cul-de-sac landscaped area plus the square footage of the Harriony Cove Greenspace and the denominator of which is the total square footage of the Harmony Property landscaped areas. Harmony, or its agents, will. provide the maintenance services for the landscaped areas of the cul-de-sac and the Harmony Cove Greenspace. 3. Fairfield agrees to install the cul-de-sac according to City_ specifications. Harmony agrees to maintain the surfacing of the cul-de-sac area, which will origirally be surfaced by 7airfiel.d. 4. After the 198() growing season, Fairfield will accent full responsibility for the maintenance of the cul-de-sac landscaping and the uarmony Cove Greenspace, unless agreed otherwise by the parties hereto. 5. Fairfield will provide liability insurance for the landscaped area around the cul-de-sac and the Farmony Cove Cr_eenspace and for all other green areas which are adjacent to the Harmony property in a minimum amount of co-Nrerage of SSoo,n��. h. Fairfield agrees to grant to Harmony or to the individual owners of condominium units adjacent to the Fairfield Property easements for any of the buildings, decks, sidewalks, or other amenities of the Farmony Property which may be determined to encroach on the Fairfield property, if any there he. 7. Fairfield agrees not to construct a fence, wall or other harrier along the bouneary line between the Fairfield Property and the Farmony Property. S. Fairfield agrees to grant to I?armony easements for the use of any and all of the greenspaces of the Fairfield Property which are adjacent to the Harmony Property. 9. The parties hereto agree to execute anv and all documents reasonably required to carry out the terms of. this Agreement. 10. This Agreement shall be binding on the parties hereto, their assigns, and successors and shall be a covenant which runs with the land. 11. In the event either party de,aults on any of the terms of this agreement, the party determined to he the defaulting party will pav any attornev's fees incurred by the non -defaulting party in the enforcement of this Agreement. 12. Harmony, as an entity, agrees not to oppose Fairfield's proposed development project and hereby withdraws the objections previously submitted to the City by Harmony. This Agreement is executed the day and year first above written. HARMONY COVE CONDOMINIUM ASSOCIATION MaryAnne T_tell,/#15140 Attornevj or Harmony Cove Condomizh'um Association T'vatt a � d Tlartell ?2?_ W. Magnolia Fort Colliy}s , Colorado FAIRFT MD PP Ke et 11. SlvziulZ i President Fairfield Companies, Inc. -- — -- - LU 0 a a - -- I - o Llz_QaIIla t LU W J 7 z_ W L1J L m LV _ ¢ 0UVII o' s:e � I`II Oo / CL IL "EE C- � ¢ m --------- ------ ji � / 1 M J ki3iVMNd3b9-)��'+�Il L I cc f ' 'W \ ';s_>= a ii-,.; mow= Q ; Z = - c�• -I O e a ;is ..,i i'•�m�--�- j=� E 4r - a ; e 3� " F I 1 1- Z�- w ' o j- I .. aI � ~O- •. _:i 1. ...)a C7 1 t am:ae �CL:. r. RELEASE OF DEVELOPMENT PROHIBITION Please take notice that the City of Fort Collins, Colorado, a Municipal Corporation, does hereby release the prohibition upon the issuance of building permits and/or certificates of occupancy as established upon certain lots in the Creekside at The Landings, being a replat of a portion of Mountain Range Subdivision and the Landings PUD Filing 4, City of Fort Collins, County of Larimer, State of Colorado, pursuant to that certain Notice of Development Prohibition recorded November 19, 1991 at reception # 91057347 in the Larimer County, Colorado records . Accordingly, the aforesaid Notice of Development Prohibition is hereby rendered null, void and of no effect. Dated i�' day of u a ,� y , 1995. Gary Diede, Director of Engineering STATE OF CO:LORADO ) ss. COUNTY OF LARIMER ) y Subscribed and sworn to before me this a dayof 7 , 1995 , by Gary Diede, as :Director of Engineering, of the City of Fort Collins. Witness my hand and official seal. .ssion expires oZ - 5 - I � 0 Not lic # NOTARY Notary `�,►' PUBLIC ,gi.p` 9�� O•N;; C4 AGREEMENT This Agreement is made and entered into this day of April, 1992, by and among Fairfield Companies, Inc., a Colorado corporation ("Fairfield"), B. K. Maxwell Co., Inc., a Colorado corporation ("Maxwell"), and the City of Fort Collins, Colorado, a municipal corporation ("City"). WITNESSETH WHEREAS, Fairfield is the developer and owner of the developed lots in Creekside at the Landings PUD to the City of Fort Collins, Colorado ("Creekside"); and WHEREAS, the development agreement (as amended by agreement dated March 30, 1990) between the City and Fairfield for Creekside requires the construction of an emergency vehicle access between Lots 18 and 19 of Creekside; and WHEREAS, the City and Fairfield believe that such access can better be provided by construction of a cul-de-sac on that property adjacent to Creekside presently owned by Wayne Daugaard and described on Exhibit A, attached hereto and by this reference incorporated herein (the "Daugaard Property"); and WHEREAS, Maxwell has contracted for the purchase of the Daugaard Property and upon closing of such purchase, is willing to give the City an easement for and construct a cul-de-sac for emergency vehicle access; and WHEREAS, Fairfield has escrowed various sums of money with the City for the purpose of ensuring completion of certain improvements required for the development of Creekside, including the construction of an emergency vehicle access as described above and storm drainage improvements; and WHEREAS, the parties hereto desire to set forth the terms and conditions under which certain development requirements for Creekside and the Daugaard Property will be completed, the escrowed funds released and remaining building permits and certificates of occupancy issued. NOW THEREFORE, by and in consideration of the above premises and the within terms and conditions, the parties hereto agree as follows: 1. Escrowed Funds The City presently has in its possession the following monies escrowed by Fairfield: 1.1 $3,750.00 (the "Daugaard Storm Drainage Escrow") escrowed for the purpose of constructing a storm drainage channel in easements on Lots 12 and 13 of Creekside. It is agreed that said channel may be replaced by a storm drainage channel for the same purpose, to be constructed within an easement described on Exhibit B, attached hereto and by this reference incorporated herein (the "Storm Drainage Easement") on the Daugaard Property; 1.2 $18,750.00 (the "Cul-De-Sac Escrow") escrowed for the purpose of constructing an emergency vehicle access for Harmony Cove PUD on an access easement located on the Daugaard Property, Creekside openspace and on Lots 18 and 19 of Creekside; and 1.3 $4,275.00 (the "Creekside Storm Drainage Escrow") for the purpose of ensuring the installation of those storm drainage improvements required for the development of Creekside and described on Exhibit C, attached hereto and by this reference incorporated herein (the "Creekside Storm Drainage Improvements"). The escrowed funds shall be disbursed in accordance with the terms of this Agreement. 2. Daugaard Storm Drainage Easement and Improvements Within ten (10) days after Maxwell closes on the purchase of the Daugaard Property, Maxwell shall deliver to the City the Storm Drainage Easement, duly executed, and a proposed design for the Daugaard Storm Drainage Improvements. The City shall complete its review of such design within ten (10) days after receipt thereof. Within fourteen (14) days after approval by the City of such design, Maxwell shall complete the Daugaard Storm Drainage Improvements. Upon acceptance by the City of such improvements, the City shall release to Maxwell $3,000.00 and to Fairfield or its assignees $750.00 of the Daugaard Storm Drainage Escrow. 2 3. Cul-De-Sac Improvements Fairfield shall immediately request of the City an administrative change to the Creekside PUD which will permit construction of the improvements contemplated by this Agreement in place of those now required by the PUD. The City shall act as quickly as possible on such request. Upon issuance of such administrative change, the development agreement between the City and Fairfield for Creekside shall be modified accordingly. Within ten (10) days after Maxwell closes on the purchase of the Daugaard Property, Maxwell shall deliver to the City a duly executed easement for the modified cul-de-sac to be constructed on the Daugaard Property in accordance with the site plan shown on Exhibit D, attached hereto and by this reference incorporated herein (the "Cul De Sac Improvements"), and a final design for such cul-de-sac improvements based on such site plan. The City shall complete its review of such design within ten (10) days after receipt thereof. Maxwell shall grade and install road base for the Cul-De-Sac Improvements within thirty (30) days after approval by the City of the design for the Cul-De-Sac Improvements and shall complete installation of the Cul-De-Sac Improvements within one hundred twenty (120) days after such approval. Upon completion and acceptance by the City of the grading and road base portion of the Cul-De-Sac Improvements, the City shall release $4,000.00 of the Cul-De-Sac Escrow to Maxwell, and upon completion and acceptance by the City of all the Cul-De-Sac Improvements, the City shall release the balance of the funds in the Cul-De-Sac Escrow as follows: (i) $9,500.00 to Maxwell; and (ii) $5,250.00 to Fairfield or its assignees. 4. Creekside Storm Drainage Improvements Within sixty (60) days after the closing of the purchase of the Daugaard Property by Maxwell, Fairfield shall install the Creekside Storm Drainage Improvements. Upon acceptance by the City of such improvements, the City shall release the Creekside Storm Drainage Escrow to Fairfield or its assignees. 5. Issuance of Building Permits No building permits shall be issued by the City for Creekside or for the Daugaard Property until all of the following have occurred: (i) the receipt by the City of the Daugaard Storm Drainage Easement; (ii) the receipt by the City of the cul-de-sac easement; (iii) the receipt and approval by the City of the design plans for the Daugaard Storm Drainage Improvements and the Cul-De- Sac Improvements; and (iv) the execution of a modification to the development agreement for Creekside and approval by the City of an administrative change to Creekside PUD permitting the construction 3 of the Cul-De-Sac Improvements to meet the emergency vehicle access requirements for the Creekside development. No building permits shall be issued by the City for the Daugaard Property or Lots 18 and 19 until the cul-de-sac is constructed with a base course. Upon compliance with the conditions stated above, the City shall release its hold on building permits for Creekside and for the Daugaard Property. 6. Issuance of Certificates of Occupancy No certificates of occupancy for any buildings located on Lots 5, 6, 7, 11, 18 and 19 in Creekside shall be issued by the City until the Creekside Storm Drainage Improvements and the Daugaard Storm Drainage Improvements have been completed and accepted by the City. No certificates of occupancy for any buildings located on the Daugaard Property shall be issued by the City until the Daugaard Storm Drainage Improvements have been completed and accepted by the City. Upon completion and acceptance of each such storm drainage improvement, the City shall release its hold on certificates of occupancy for Lots 5, 6, 7 and 11 in Creekside. No certificates of occupancy shall be issued by the City for the Daugaard Property or Lots 18 and 19 in Creekside until the cul-de- sac is completed with pavement. 7. Failure to Complete Improvements In the event any of the improvements required in this Agreement are not completed within the specified time frame therefor, excluding the time required for approval and any remedial action required to correct such work after inspection by the City, the City shall have the right to complete any such improvements in accordance with City Code requirements and the approved design therefor and pay the costs for such work from the particular escrow account held for that work. 8. Bindina Effect The terms and conditions of this Agreement are to apply to and bind the heirs, personal representatives and assigns of the respective parties hereto. 9. Jurisdiction The parties hereto agree and consent to exclusive venue and jurisdiction of the District Court in and for the County of Larimer, Colorado for any court action commenced by any of the parties which relates to this Agreement or the transactions contemplated hereby. 4 10. Counterpart Signatures This 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. 11. Entire Agreement This Agreement, including all exhibits hereto, contains the entire agreement between the parties pertaining to Creekside and the Daugaard Property and fully supersedes all prior agreements and understandings between the parties pertaining to Creekside and the Daugaard Property. By: By: COMPANIES, INC., a oration z B. K. MAXWELL CO.,,;:� a Colorado corporation I Il M CITY OF FORT COLLINS, COLORADO, a municipal corporation By: /&PV— Steven C. Burkett, City Manager ATTEST: City Clerk A �G� FORM: City Attorney APPROVED AS„TO CONTENT: Di ector of Engine 17 �J AGREEMENT This Agreement is made and entered into this 07�6t day of April, 1992, by and among Fairfield Companies, Inc., a Colorado corporation ("Fairfield'), B. K. Maxwell Co., Inc., a Colorado corporation ("Maxwell"), and the City of Fort Collins, Colorado, a �3 municipal corporation ("City"). WITNESSETH �I WHEREAS, Fairfield is the developer and owner of the developed lots in Creekside at the Landings PUD to the City of Fort Collins, Colorado ("Creekside"); and WHEREAS, -the development agreement (as amended by agreement dated March 30,. 1990) between the City and Fairfield for Creekside requires the construction of an emergency vehicle access between Lots 18 and 19 of Creekside; and WHEREAS, 'the City and Fairfield believe that such access can better be provided by construction of a cul-de-sac on that property adjacent to Creekside presently owned by Wayne Daugaard and described on Exhibit A, attached hereto and by this reference incorporated herein (the "Daugaard Property"); and WHEREAS, Maxwell has contracted for the purchase of the Daugaard Property and upon closing of such purchase, is willing to give the City an easement for and construct a cul-de-sac for emergency vehicle access; and WHEREAS, Fairfield has escrowed various sums of money with the City for the purpose of ensuring completion of certain improvements required for the development of Creekside, including the construction of an emergency vehicle access as described above and storm drainage improvements; and WHEREAS, the parties hereto desire to set forth the terms and conditions under which certain development requirements for Creekside and the Daugaard Property will be completed, the escrowed funds released and remaining building permits and certificates of occupancy issued. EXHIBIT A That portion of Tract "G", the LANDINGS P.U.D. Filing 4 to the City of Fort Collins, County of Larimer, Colorado being more particularly described as follows: BEGINNING at the Southwest corner of said Tract "G" (also being the Southeast corner of said Tract "D"); thence along the Westerly line of said Tract "G" N 24059104" E, 343.94 feet; thence N 13021'26" E, 22.63 feet to the TRUE POINT OF BEGINNING; thence S 76021120" E, 129.55 feet; thence N 13038140" E, 81.02 feet; thence N 50008154" W, 181.46 feet; thence N 18029148" W, 11.74 feet to the Westerly line of said Tract "G"; thence along said Westerly lines the 3 following courses and distances; S O5053111" E, 64.62 feet; S 02010103" E, 64.81 feet S 13021126" W, 47.84 feet to the TRUE POINT OF BEGINNING. EXHIBIT B Description for the CenLcrline of a 10.00 foot wide Drainage Easement: That portion of Tract "G", the Landings P.U.D. Filing 4 to the City of Fort Collins, County of Lar.imer, State of Colorado being more particularly described as follows: Beginning at the Southwest corner of said 'Tract "G" (also being the Southeast corner of said Tract"D"); thence along the Westerly line of said Tract "G" North 24059'04" East 343.94 feet; thence North 1.3"21'26" East 70.47 feet; thence North 02110'03" West 64.81 feet; thence North 05153'11" West 6.32 feet to the Northeast corner of Lot 12, Cr.eekside at the Landings, Port Collins, Colo- rado; said point being the TRUEl'0]:NT OF lSEG1NNING of the center- l..ne or a 10.00 foot wide Drainage IiasemenC (ben}; 5.00 feet parallel with and either side of the following described center- line); thence along said centerline North 25020140" East 35.66 feet to a point on the South line of Tract "A" of said Creeksi-de at the Landings; said point being the terminus of said ccntcr.linc of said easement. The above described casement is subject to all existing easements and/or rights of way of record. EXHIBIT C TROIri"i' =TRUC ION WVANY 077 SOUTH 10TH.. W6 HRIGKUW CO. 906D1 %tKM 659 5423 FAII+UMM llows 2 3G (93`' PR C {^ P.O. ➢OX 80220-0248 LmaKM m. 80228-0245 111sW 980-5447 ---" ---- - ^^------__—_—------- .—----- -------------------- _ ---. pESCAIPTSdN QUAMrjTY UNIT PRICE PRICI: INSTMI MM =R-RUC G OCFW 12'REYP11 X.^.'DIA 1.00 500.00 500.00 LINXT.Op DRAxN M 2'Wl=4°trirlCK 250.00 1.40 1.050.00 LM, FT, OP' DZRT 6, ORASR TO EXCAMATE 230,00 2.00 500.00 0 --- _r----- e2tbv cm-7Rxvl Cx*TAWNY TOTAL Tina BID z,95a.aa X !, $ —Ai{l '75114 7f c 0r> EXHIBIT D P PARKING A EA cnnnce rW ! Z \ v o� i L, „11 ,£9 o6p S 19'b9 3„20,01-Z0 S M 6,8(b "l Z9,b39 � I „92,2oE1 g 1 — ,1 P ,F 7 CREERSIDE AT THE LANDINGS, P.U.D. SECOND AMENDMENT AGREEMENT /������This Second Amendment Agreement, made and entered into this 22day of May, 1992, by and between the City of Fort Collins, Colorado, a municipal corporation ("City"), and Fairfield Compan- ies, Inc., a Colorado corporation ("Developer"), is an amendment to that certain Development Agreement dated the 27th day of March 1989 ("Development Agreement"). WHEREAS, the parties hereto previously executed the Develop- ment Agreement and an amendment to the Development Agreement dated March 30, 1990 ("Amendment Agreement"); and WHEREAS, the parties are presently desirous of further modify- ing the Development Agreement. NOW, THEREFORE, in consideration of the promises of the par- ties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: Subheading 2 (Special Conditions) of the Development Agreement shall be modified by adding the following additional subparagraph thereto: F. Modified Cul-De-Sac. At Developer's option, Developer shall be allowed to provide the required emergency vehicle access either by construction of an emergency vehicle access between Lots 18 and 19 of the development as provided in the Amendment Agreement or by construction of a modified cul-de-sac on the property described on Exhibit A in accordance with the site plan shown on Exhibit B, both exhibits being attached hereto and by this reference incorporated herein. The final design for such cul-de-sac shall be submitted to and approved by the City prior to the commencement of construction thereof. Except as herein amended or modified, the Development Agreement shall continue in full force and effect. This Second Amendment Agreement, together with the Development Agreement and the Amendment Agreement, constitute the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. FAIRFIELD COMPANIES, INC., a Colorado corpora/iion By: h "� Kenneth M. Slyziuk,(/,President CITY OF FORT COLLINS, COLORADO, a municipal corporation Steven C. B rkett, City Manager ATTEST: '! �C ity Cle APPROVEn AS TO FORM: t' z ssistant City Attorney APPROVED AS TO CONTENT: Director f Engineering EXHIBIT A That portion of Tract "G", the LANDINGS P.U.D. Filing 4 to the City of Fort Collins, County of Larimer, Colorado being more particularly described as follows: BEGINNING at the Southwest corner of said Tract "G" (also being the Southeast corner of said Tract "D"); thence along the Westerly line of said Tract "G" N 24059104" E, 343.94 feet; thence N 13°21'26" E, 22.63 feet to the TRUE POINT OF BEGINNING; thence S 76021120" E, 129.55 feet; thence N 13038140" E, 81.02 feet; thence N 50008154" W, 181.46 feet; thence N 13029148" W, 11.74 feet to the Westerly line of said Tract "G"; thence along said Westerly lines the 3 following courses and distances; S 05053111" E, 64.62 feet; S 02°10'03" E, 64.81 feet S 13021126" W, 47.84 feet to the TRUE POINT OF BEGINNING. EXHIBIT B PAR)<ING AR CA IZ RCPTN # 91059399 11/26/91 12:17:00 # PAGES - 7 FEE - $35.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 CREERSIDE AT THE LANDINGS, P.U.D. AMENDMENT AGREEMENT This Amendment Agreement, made and entered into this if 't4day of March, 1990, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City") and FAIRFIELD COMPANIES, INC., a Colorado corporation ("Developer"), is an amendment to that certain Development Agreement dated the 27th day of March, 1989, ("Development Agreement"). WHEREAS, the parties hereto previously executed the Development Agreement; WHEREAS, the parties are presently desirous of further modifying the Development Agreement. NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: Subheading 2 (Special Conditions) of the Development Agreement shall be modified by adding the following additional subparagraph thereto: E. Access Easement. (i) The Developer has submitted a request to vacate certain easements affecting Creekside at the Landings, P.U.D. ("Creekside") as described on Exhibit A attached hereto and incorporated herein by reference. An access easement sixteen feet in width will remain on Creekside, running between Lots 18 and 19 thereof, as shown on Exhibit B, attached hereto and incorporated herein by reference ("Access Easement"). Provided the City vacates the easements described on Exhibit A, the Developer shall improve the Access Easement in substantially the manner depicted in Exhibit B and further depicted in Exhibit C, attached hereto and incorporated herein by reference. (ii) The width of the hard surface of the Access Easement shall be a minimum of twelve feet (121) and shall be composed of six-inch deep colored concrete on compacted subgrade capable of supporting fully loaded fire apparatus. The color of the concrete shall be such as to contrast with the landscaping treatment of the adjacent property. The Access Easement will be delineated by shrubbery and/or split rail fencing 1 CITY OF FORT CALLS^;;. substantially as shown on Exhibits B and C. A decorative railing or other similar improvement shall delineate the bridge portion of the Access Easement. The southern boundary of the Access Easement shall be appropriately posted and shall contain an acceptable type of barricade. The Developer shall submit any further design details for the Access Easement improvements as may be required by the City within thirty (30) days of vacation of the easements described on Exhibit A. The improvements to the Access Easement shall be substantially completed by the Developer no later than ninety (90) days after the occurrence of the later of the vacation of such easements by the City and final approval by the City of the design of the Access Easement improvements. All deadlines set forth herein may be extended by mutual agreement of the parties hereto. In the event that the Developer does not complete the Access Easement improvements as required in this subparagraph (iii), the City shall have the right to withhold the issuance of further building permits and/or certificates of occupancy for Creekside until such completion and acceptance thereof by the City or, at the Developer's option, to require the Developer, prior to receiving such permits and/or certificates, to give the City cash, a letter of credit or equivalent security acceptable to the City in an amount equal to 150% of the cost to complete such improvements, but in no event more than $18,750.00. At such time as the design for the Access Easement improvements is finally approved by the City, the Developer may submit a revised cost estimate for such improvements and, when approved by the City, shall be used to calculate the necessary amount of cash, letter of credit or equivalent security required by the City. In the event that the Access Easement improvements are not substantially completed prior to issuance of building permits by the City for Lots 18 and 19 in Creekside, the City shall have the right to withhold issuance of such building permits until substantial completion and acceptance by the City of said improvements or to require the Developer, prior to receiving such permits, to give the City cash, a letter of credit or equivalent security acceptable to the City in an amount and pursuant to such conditions as earlier set forth in this subparagraph (iii). Any cash, letter of credit or other security accepted by the City shall be released by the City to the Developer upon completion of the Access Easement improvements and acceptance thereof by the City. 2 NOW THEREFORE, by and in consideration of the above premises and the within terms and conditions, the parties hereto agree as follows: 1. Escrowed Funds The City presently has in its possession the following monies escrowed by Fairfield: 1.1 $3,750.00 (the "Daugaard Storm Drainage Escrow") escrowed for the purpose of constructing a storm drainage channel in easements on Lots 12 and 13 of Creekside. It is agreed that said channel may be replaced by a storm drainage channel for the same purpose, to be constructed within an easement described on Exhibit B, attached hereto and by this reference incorporated herein (the "Storm Drainage Easement") on the Daugaard Property; 1.2 $18,750.00 (the "Cul-De-Sac Escrow-") escrowed for the purpose of constructing an emergency vehicle access for Harmony Cove PUD on an, access easement located on the Daugaard Property, Creekside openspace and on Lots 18 and 19 of Creekside; and 1. 3 $4 , 275. 00 (the "Creekside Storm Drainage Escrow") for the purpose of ensuring the installation of those storm drainage improvements required for the development of Creekside and described on Exhibit C, attached hereto and by this reference incorporated herein (the "Creekside Storm Drainage Improvements"). The escrowed funds shall be disbursed in accordance with the terms of this Agreement. 2. Daugaard Storm Drainage Easement and Improvements Within ten (10) days after Maxwell closes on the purchase of the Daugaard Property, Maxwell shall deliver to the City the Storm Drainage Easement, duly executed, and a proposed design for the Daugaard Storm Drainage Improvements. The City shall complete its review of such design within ten (10) days after receipt thereof. Within fourteen (14) days after approval by the City of such design, Maxwell shall complete the Daugaard Storm Drainage Improvements. Upon acceptance by the City of such improvements, the City shall release to Maxwell $3,000.00 and to Fairfield or its assignees $750.00 of the Daugaard Storm Drainage Escrow. 2 If (iv) The sideyards for Lots IS and lg of Creekside will be measured from the centerline of the Access Easement, provided however that no building or structure or any part thereof, or any appurtenance thereto, whether on, below or above ground, shall encroach on or into the Access Easement. (v) In the event that parking enforcement is inadequate to prevent the continued parking and/or storage of vehicles directly north of the gate on the northern boundary of the Access Easement and after affording the Developer a reasonable opportunity to correct the situation, the City shall have the right to require the Developer, at Developer's sole cost, to place an acceptable type of barrier at a point adjacent to the street right of way north of the gate. (vi) Maintenance of the Access Easement and any landscaping and/or fencing located therein shall be the obligation of the Developer. The City shall have no responsibility for maintenance of the Access Easement. In the event the City needs to perform repair work on any utilities or other City facilities located under the Access Easement, the City shall repair the Access Easement to a standard normally and customarily done by the City on other streets and access ways or, at the option of the Developer, the Developer may restore the Access Easement to its original condition and after completion of such restoration, the City shall pay the Developer an amount equal to the cost to repair the Access Easement to the City's normal standard. Except as herein amended or modified, the Development Agreement shall continue in full force and effect. This Agreement and the Development Agreement constitute the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. FAIRFIELD/CO., INC. a Colorodo corpgfat By: 3 I�.CLLC LII Pl• President ATTEST:. City Clerk APPROVED AS TO FORM: Assistant City Attorney irecto of Engineering CITY OF FORT COLLINS, COLORADO, a municipal corporation By: c Steven C. Bu sett City Manager 4 Exhibit A Ir= PARSONS & k- ASSOCIATES \/ CONSULTING ENGINEERS V\ i March 26, 1990 Mike Herzig Planning Department City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522 RE: Creekside At The Landings Easement Vacation Dear Mike, On behalf of the owner, Fairfield Companies, Inc., we hereby request the vacation of all prior existing easements located on the platted lots of Creekside At The Landings being a replat of a portion of Mountain Range Subdivision and The Landings P.U.D.- Filing 4, located north of Harmony Road and west of Harmony Reservoir in the city of Fort Collins, Colorado, with the exception of those easements shown on said Creekside At The Landings plat, and a sixteen (16) foot wide portion of the twenty-eight (28) foot access and utility easement located on lots 18 and 19. This sixteen (16) foot wide portion is to be centered on the common lot line of said lots and will serve as an emergency access easement to connect this development with Harmony Cove Townhomes. Sincerely, Bill Douglas BD/cd 432 Link Lane Plaza F(. Collins, Colorado 80521 - [303) 221-2400 1 EXHIBIT B I CREEKSIDE COURT \ CURB PANTED FOR NO PAR f1G /CWRGENCv�VEHICL.E ACCESS ONL SIGN / SPLIT RAIL FENCE 12FT GATE _ - •.��/ r - 1 - , 12FT NiDE COLORED - CONCRETE EMERGENCY - - �-i DRIVEWAY - CREEKSIDE'AT THE LANDINGS \ SHRUBBERY DELINEATING t> DRNEWAY(TYP) S _ - _ PROPOSED 10FT SDEYARDS(TYP) i 18FT EMERGENCY ACCESS EASEMENT LOT19 LOT 18 _ 25FT DRANAGEEASEMENi - EXISTING DRIVEWAY HARMONY COVE TOWNHOMES ltm LOT18 Exhibit c w _ _1OFT SDEYARD SETBACK 0-4 __f 4FT I' 7� 2FT PAVED SURFACE 4FT DRIVE WITH SHRUBS AND/OR PRIVACY FENCE 16FT El AERGENCY ACCESS EASEMENT � wl LOT18 ¢I SPLR RAL FENCE w a. \tea it a 2FT 2FT 12FT PAVED SURFACE _ DRIVE WITH SPLIT RAIL FENCE Ld �w z UO I Up7 a 2oZ L0719 a=� �a �m0 LOT19 R •55 3. Cul-De-Sac Improvements Fairfield shall immediately request of the City an administrative change to the Creekside PUD which will permit construction of the improvements contemplated by this Agreement in place of those now required by the PUD. The City shall act as quickly as possible on such request. Upon issuance of such administrative change, the development agreement between the City and Fairfield for Creekside shall be modified accordingly. Within ten (10) days after Maxw`11 closes on the purchase of the Daugaard Property, Maxwell shall deliver to the City a duly executed easement for the modified cul-de-sac to be constructed on the Daugaard Property in accordance with the site plan shown on Exhibit D, attached hereto and by this reference incorporated herein (the "Cul De Sac Improvements"), and a final design for such cul-de-sac improvements based on such site plan. The City shall complete its review of such design within ten (10) days after receipt thereof. Maxwell shall grade and install road base for the Cul-De-Sac Improvements within thirty (30) days after approval by the City of the design for the Cul-De-Sac Improvements and shall complete installation of the Cul-De-Sac Improvements within one hundred twenty (120) days after such approval. Upon completion and acceptance by the City of the grading and road base portion of the Cul-De-Sac Improvements, the City shall release $4,000.00 of the Cul-De-Sac Escrow to Maxwell, and upon completion and acceptance by the City of all the Cul-De-Sac Improvements, the City shall release the balance of the funds in the Cul-De-Sac Escrow as follows: (i) $9,500.00 to :Maxwell; and (ii) $5,250.00 to Fairfield or its assignees. 4. Creekside Storm Drainage Improvements Within sixty (60) days after the closing of the purchase of the Daugaard :Property by Maxwell, Fairfield shall install the Creekside Storm Drainage Improvements. Upon acceptance by the City of such improvements, the City shall release the Creekside Storm Drainage Escrow to Fairfield or its assignees. 5. Issuance of Building Permits No building permits shall be issued by the City for Creekside or for the Daugaard Property until all of the following have occurred: (i) the receipt by the City of the Daugaard Storm Drainage Easement; (ii) the receipt by the City of the cul-de-sac easement; (iii) the receipt and approval by the City of the design plans for the Daugaard Storm Drainage Improvements and the Cul-De- Sac Improvements; and (iv) the execution of a modification to the development agreement for Creekside and approval by the City of an administrative change to Creekside PUD permitting the construction 3 of the Cul-De-Sac Improvements to meet the emergency vehicle access requirements for the Creekside development. No building permits shall be issued by the City for the Daugaard Property or Lots 18 and 19 until the cul-de-sac is constructed with a base course. Upon compliance with the conditions stated above, the City shall release its hold on building permits for Creekside and for the Daugaard Property. 6. Issuance of Certificates of Occupancy No certificates of occupancy for any buildings located on Lots 5, 6, 7, 11, 18 and 19 in Creekside shall be issued by the City until the Creekside Storm Drainage Improvements and the Daugaard Storm Drainage Improvements have been completed and accepted by the City. No certificates of occupancy for any buildings located on the Daugaard Property shall be issued by the City until the Daugaard Storm Drainage Improvements have been completed and accepted by the City. Upon completion and acceptance of each such storm drainage improvement, the City shall release its hold on certificates of occupancy for Lots 5, 6, 7 and 11 in Creekside. No certificates of occupancy shall be issued by the City for the Daugaard Property or Lots 18 and 19 in Creekside until the cul-de- sac is completed with pavement. 7. Failure to Complete Improvements In the event any of the improvements required in this Agreement are not completed within the specified time frame therefor, excluding the time required for approval and any remedial action required to correct such work after inspection by the City, the City shall have the right to complete any such improvements in accordance with City Code requirements and the approved design therefor and pay the costs for such work from the particular escrow account held for that work. 8. Binding Effect The terms and conditions of this Agreement are to apply to and bind the heirs, personal representatives and assigns of the respective parties hereto. 9. Jurisdiction The parties hereto agree and consent to exclusive venue and jurisdiction of the District Court in and for the County of Larimer, Colorado for any court action commenced by any of the parties which relates to this Agreement or the transactions contemplated hereby. 4 10. Counterpart Siqnatures This 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. 11. Entire Agreement This Agreement, including all exhibits hereto, contains the entire agreement between the parties pertaining to Creekside and the Daugaard Property and fully supersedes all prior agreements and understandings between the parties pertaining to Creekside and the Daugaard Property. FAIR IELD COMPANIES, INC., a Co rado corporation i By: en Slyziuk, Pre e t ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED A§ TO CONTENT: Di,Yector of 'Enginedtipg B. K. MAXWELL CO., INC., a Colorado corporation By: Z,====, , Bruce M. tfbseth, President CITY OF FORT COLLINS, COLORADO, a muni ipal corporation By: C4� Steven C. Burkett, City Manager 5 EXHIBIT A That portion of Tract "G", the LANDINGS P.U.D. Filing 4 to the City of Fort Collins, County of Larimer, Colorado being more particularly described as follows: BEGINNING at the Southwest corner of said Tract "G" (also being the Southeast corner of said Tract "D"); thence along the Westerly line of said Tract "G" N 24059104" E, 343.94 feet; thence N 13021'26" E, 22.63 feet to the TRUE POINT OF BEGINNING; thence S 76021'20" E, 129.55 feet; thence N 13038,140" E, 81.02 feet; thence N 50008154" W, 181.46 feet; thence N 13029148" W, 11.74 feet to the Westerly line of said Tract "G"; thence along said Westerly lines the 3 following courses and distances; S 05053111" E, 64.62 feet; S 02°10'03" E, 64.81 feet S 13121126" W, 47.84 feet to the TRUE POINT OF BEGINNING. Dcscr_.I)ti.on for Llre Centerline of 10 00 Toot wick Drai_na�e LascmcnL: ThaL portion of Tract. "G", the Landings P.U.D. Filing 4 Lo t:lie City of Dort Collins, County of Larimcr, SLaLc of Colorado being more Particularly described as follows: Beginning at t1le SouLllwesL carrier of said 'Tract "G" (a1_so 1)cing L11e Southeast COL"Iler of said Tract"D"); Llrcrrcc along; L-he Westerly line of said Tract "G" North 24059'04" Last 343.94 feet; thence North 13'21'26" Past 70.47 feet; Lhence North 02110'03" West 64.81 fccL; Lhencc North 05°53'11" West 6.32 feet- Lo the NorLhcasL carrier of Lot 12, Creekside at: the Lalldin�,s, fort Collins, Colo- rado; :>ai_d poi.r►t being 1.11c TRUE i'01N'T OF 1)1;GTNNING of Lhc ccnLcr- l:inc of a 10.00 foot wide Drainal;c Easement (1)c:i.n1; 5.()O fcct parallel wiLli and either side of Lhc following described ccnLer- l.inc); L1lcncc alorl� said cc of North 25°20'40" fast 35.66 fccC to a point on tlic SouLh lineof Tract "A" of said Crcckside at tllc Landings; sai_cl point being Lhe Lcrmillus . of said ccclLcrlinc of said ea:;emen L . The above described easement is sub jcc L to all exisLing easemenLs and/or rights of way of record. EXHIBIT C 077 lOTH.. AVM, BRIGtt'I CO. 5D601 DIKV2 659-5423 FA1tq:[ Zb HOME; ,2 30 /' 8 3 a C Y P.O. ➢OX 80220-0248 ,L&Mek= CO. 80228-0245 MM $80-5447 I3BxMPTION PUAICI`LTY UNIT PRIG' PRICE INSTAM Wl llaZ—f tC & C v'BR 121I1EY12 XH`pIA 1.00 !00.00 500.00 LICi- .OF DnA mAt� �'wna ct�m�xcx 2;O.00 7.h0 l�pa4.00 UN. FT. 0�1 DIRT GMS,O TO EXCAVATE �MQQ 2.00 540,00 LEI.ww__Li�l+�_�—Ib'r—_.__—��_F.__w_r_.�_�—r__—'1T C�oMPAbiX 'fT—�••ww__�_�___—_r r+—R•Mw �r 1\WAI. TFIIET MD ��lbvr7COc UC: z DATE 1-20-9217 r'� b s0 iv `� •