HomeMy WebLinkAboutAUTUMN CREEK CONSERVATION DEVELOPMENT SECOND - Filed DA-DEVELOPMENT AGREEMENT -RECEPTION#: 20070040838, 05/31/2007 at 11:54:02 AM, 1 OF 25, R $126.00 TD Pgs:
0 Scott Doyle, Larimer County, CO
C
RECEIVED
MAY 312007
LARIMER COuNi Y
ENGINEERING DEPARTMEN I
Space above this line used for Recording Data)
DEVELOPMENT AGREEMENT FOR AUTUMN CREEK
CONSERVATION DEVELOPMENT SECOND FILING
06-S2631
This Agreement is made this 15th day of May, 2007 between the Board of County
Commissioners of Larimer County, Colorado ("County"); Bluebonnet Investments, LLC
Developer's; and Autumn Creek Homeowner Association, Inc. ("Association").
WHEREAS, Developer is the owner of certain real property situated in Larimer
County, Colorado, described on Exhibit A attached hereto and incorporated herein
Property");
WHEREAS, County has approved the Preliminary Plat of Autumn Creek
Conservation Development by Findings and Resolution dated April 8, 2002 and recorded
August 9, 2002 at Reception No. 2002284774 of the Larimer County records; and
WHEREAS, Developer has submitted to County'for approval, execution and
recordation a final plat for Autumn Creek Conservation Development Filing Two; and
WHEREAS, Developer intends to develop the Property (Second Filing) in one
phase using a defined set of improvements; and
WHEREAS, County has considered the final plat, the proposed development and
improvements to the Property, and the requirements to be imposed upon the Property by
reason of the proposed development and improvement of the Property included in the
final plat; and
WHEREAS, County is willing to approve, execute and accept for recordation the
final plat upon the agreement of Developer and Association to the matters described in
this Agreement; and
WHEREAS, County, Developer and Association mutually acknowledge and
agree that the matters described in this Agreement are reasonable conditions and
requirements to be imposed by County in connection with its approval, execution and
acceptance for recordation of the final plat, and that such matters are necessary to protect,
promote and enhance the general welfare.
NOW, THEREFORE, in consideration of the premises, the mutual covenants
herein contained and the approval, execution and acceptance of the final plat for
recordation by the County, the parties agree as follows.
ROOM to Pianninc5P5/OT
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1. Title of the Development.
The title of the development is Autumn Creek Conservation Development
Filing Two,
2. Description of Development and Uses.
The Development is a subdivision of Blocks 2 and 3 into I0 lots of varying sizes
for single family residential uses. The first phase of this development platted one
residential lot and 21.72 acres of residual land open space. Use of the open space
is passive for the benefit of the residents of both Filing One and Filing Two.
3. Residual Land Restrictions.
The restrictions regarding the residual land are set forth in the Development
Agreement for Filing One, recorded March 24, 2006 at Reception No.
20060021261 Latimer County Records. The residual land is subject to the use
plans that were part of the approval of Filing One and are exhibits to the
Development Agreement for Filing One.
4. Conditions of Approval.
Developer acknowledges that the following conditions listed in the Findings and
Resolution for Preliminary Plat approval of this development remain to be
completed and/or continue to apply: Developer shall pay to County at building
permit issuance County and Regional Transportation Capital Expansion Fees,
Regional Park Fees in Lieu of Dedication to Thompson R2-J School District, and
Drainage Fees. The fees shall be the amount in effect at the time of building
permit issuance.
5. Mineral Interests.
The Property is subject to any mineral interests at the time of recording.
6. Water Rights and Water Interests.
NONE.
7. Improvements.
Developer shall construct and install at its own expense all infrastructure
improvements described in Exhibit B, including but not limited to streets, curbs,
gutters, sidewalks, landscaping, utilities, drainage facilities, water and sewer
facilities, flood protection devices and other improvements shown on the final plat
or in the supporting documents, in accordance with the plans and specifications,
as prepared by Developer's licensed engineers and professionals, and approved by
County and the City of Fort Collins.
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All construction shall be performed in a good and workmanlike manner and in
accordance with applicable County standards, rules and regulations governing
such construction (and those of the City of Fort Collins, where applicable).
8. Completion Date.
All improvements required to be constructed or installed for development of the
Property, and all other matters agreed to be performed shall be installed,
constructed or performed by Developer on or before May 15, 2009.
9. Water Supply.
Developer shall obtain water service from Fort Collins -Loveland Water District.
Developer shall install the water system improvements necessary to service the
Property in the manner provided on the approved utility plans. The water supply
system shall be subject to inspection by Fort Collins -Loveland Water District
during construction. Developer shall submit a letter of acceptance from the Fort
Collins -Loveland Water District for the maintenance and responsibility of all
water supply improvements prior to the completion date as stated in Section 8 of
this agreement.
10. Sewage.
Developer shall obtain sewer service from South Fort Collins Sanitation District
All sewer lines required for the Property shall be constructed in accordance with
the requirements of South Fort Collins Sanitation District and as reflected on
approved utility plans. The sewer mains and supply service lines shall be subject
to inspection by South Fort Collins Sanitation District during construction.
Developer shall submit a letter of acceptance from the South Fort Collins
Sanitation District for maintenance and responsibility of all sewer improvements
prior to the completion date as stated in Section 8 of this agreement. Domestic
sewer service shall be extended to Lot I Block I as a part of Filing Two.
11. Trenches.
Trenches for sanitary sewer and water, storm sewer lines, and utilities shall be
compacted in accordance with specifications defined by County or the water,
sewer, and utility service provider. Developer will test trench compaction while
work is in progress. A sufficient number of tests shall be made to insure adequate
compaction. The test results shall be certified by the soils laboratory and
maintained on file at the site by Developer for review by County personnel. In
the event adequate compaction testing is not provided, County may order such
testing and Developer shall reimburse County for all such costs of testing. No
release of the final construction collateral or release of completed improvements
shall be made until successful compaction tests are received. Compaction tests
must be received and approved by the Engineering Department before the
completion date.
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12. Roads.
A. Developer shall construct all road improvements and install all traffic
safety devices as shown on the final plan and in the supporting documents for the
Development in accordance with the plans and specifications, as prepared by
Developer's licensed engineers and professionals, and approved by the CountyEngineer. All street layout and geometric design shall be in accordance with
applicable County standards and as portrayed on the approved construction
drawings. Developer shall obtain a Development Construction Permit and any
required access or utility permits prior to the start of construction of any road
improvements, either public or private.
Developer shall submit the following items to request the final release of
completed road improvements:
a. A signed and stamped statement must be submitted from a professional
civil engineer registered in Colorado that the road improvements have
been completed in substantial compliance with approved plans and the
Larimer County Road Manual or the Urban Area Street Standards
whichever is applicable), and that the documenting engineer or his
representative have made regular outside on -site inspections during the
course of construction and the field plans used are the same as those
approved by the County. Copies of all on -site inspection reports
performed by the documenting engineer or his representative must be
submitted as well.
b. Test results must be submitted for all phases of the development as per the
Larimer County Road Manual or the Urban Area Street Standards
whichever is applicable) for minimum materials sampling, testing and
inspection and as required by the County Engineer.
c, One (1) copy of the "as built" road improvements plans must be submitted
at the time Developer requests a release of collateral. All deviations from
approved plans must be listed and shown on the "as built" plans.
B. Interim Carpenter Road Improvements. Prior to the issuance of any
certificate of occupancy, Developer shall construct interim improvements to
Carpenter Road adjacent to this Development in accordance with pages 16-19,
inclusive of the construction plans for the Subdivision, as prepared by the
Developer's licensed engineers and professionals, and approved by the City and
County Engineers (the "Interim Carpenter Road Improvements"). All
construction shall be in accordance with the approved construction drawings and
the Larimer County Urban Area Street Standards ("LCUASS'). In the event of a
conflict between the approved construction drawings and LCUASS, the approved
construction drawings shall govern.
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Prior to commencement of construction of the Interim Carpenter Road
Improvements, Developer shall deposit with the City a letter of credit, in a form
and amount acceptable to the City, to guarantee completion of the construction
and the maintenance and repair of the Interim Carpenter Road Improvements in
accordance with Section 3.3.2(1) through (3) of the City Land Use Code.
Completion of the Interim Carpenter Road Improvements shall not be required
prior to the issuance of building permits if the Developer provides adequate fire
protection and an all weather accessway to the Development during all phases of
construction as approved by the Loveland Fire Protection Bureau.
C. Ultimate Carpenter Road Improvements. In view of the City's desire to
improve Carpenter Road as a capital project, which capital project is anticipated
to include that portion of Carpenter Road adjacent to this Development,
Developer shall take the following actions in compliance with the conditions of
the Subdivision Approval and in lieu of any Developer obligation to construct the
Ultimate Carpenter Road Improvements:
1) Prior to recordation of the final subdivision plat for Phase Two, the
Developer shall provide evidence to the County of its payment to the City of
a sum equal to the estimated cost to construct one-half of the local street
portion of Carpenter Road and the estimated cost to construct the curb and
gutter along the south side of Carpenter Road adjacent to this development,
which amounts shall be based upon approved cost estimates.
No release of the Construction Collateral shall be made until the above listed items
have been submitted. All items listed above must be received and approved by the
Engineering Department before the completion date.
13. Storm Drainage Improvements
Developer shall construct all storm drainage improvements as shown on the Final
Plan and in the supporting documents for the development, in accordance with the
plans and specifications, as prepared by Developer's licensed engineers and
professionals, and approved by the County Engineer. All design shall be in
accordance with applicable County standards and as portrayed on the approved
construction drawings. Developer shall obtain a Development Construction
Permit and any required access or utility permits prior to the start of construction
of any improvements, either public or private.
Developer shall submit the following items to request the final release of
completed storm drainage improvements:
a. A signed and stamped statement must be submitted from a professional
civil engineer registered in Colorado that the storm drainage
improvements have been completed in substantial compliance with
approved plans and the Larimer County Road Manual or the Urban Area
Street Standards (whichever is applicable), as well as the Larimer County
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Stormwater Design Standards, and that the documenting engineer or his
representative have made regular outside on -site inspections during the
course of construction and the field plans used are the same as those
approved by the County. Copies of all on -site inspection reports
performed by the documenting engineer or his representative must be
submitted as well.
b. Test results must be submitted for all phases of the development as per the
Larimer County Road Manual or the Urban Area Street Standards
whichever is applicable) and the Larimer County Stormwater Design
Standards for minimum materials sampling, testing and inspection and as
required by the County Engineer.
C. One (1) copy of the "as built" storm drainage improvements plans must be
submitted at the time Developer requests a release of collateral. All
deviations from approved plans must be listed and shown on the "as built"
plans.
All items listed above must be received and approved by the Engineering
Department before the completion date.
Developer and all subsequent owners shall be prohibited from constructing or
storing anything in any drainage easement or in any way disrupting or changing
the drainage pattern as initially designed and installed on the Property per the
County approved storm water drainage plan. Developer certifies that this
prohibition has also been included in Article III, Section 10 of the Declaration of
Covenants for the Property.
There is a Larimer County approved drainage plan for this development on file
with the Larimer County Engineering Department. This plan details information
containing horizontal and vertical placement of the structure, culvert size and
location and overall site grading (if applicable). It is the responsibility of the lot
ownertbuilder to ensure the drainage of the lot is consistent with this plan. This
includes ensuring that the minimum opening elevation/top of foundation is within
2 inches of design elevation. It is also the responsibility of the lot owner to ensure
that the installation and maintenance of landscaping and fences on the lots
complies with the County approved drainage plan.
14. Public Service —Natural Gas
Developer shall obtain natural gas service from Xcel. Developer shall construct
improvements as required by Xcel to supply the Property with natural gas utility
service. Improvements shall be in accordance with Xcel specifications. In no
event, however, shall County be responsible for the inspection and/or acceptance
of natural gas utility improvements to the Property.
15. Electric.
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Developer shall obtain electric service from Poudre Valley REA. Developer shall
construct improvements as required by Poudre Valley REA to supply the Property
with electric utility service. Improvements shall be in accordance with Poudre
Valley REA specifications. In no event, however, shall County be responsible for
the inspection and/or acceptance of electric utility improvements to the Property.
16. Telephone and Cable.
Developer shall obtain telephone and communication utilities from Qwest.
Developer shall construct improvements as required by Qwest to supply the
Property with adequate telephone and communication utilities. Improvements
shall be made in accordance with Qwest's specifications. In no event, however,
shall County be responsible for the inspection and/or acceptance of telephone
and/or communications cable improvements to the Property.
17. "As Built" Plans.
Developer shall provide to County one (1) copy of "as built" plans prepared by a
professional engineer for all drainage structures and facilities, road improvements,
erosion control facilities, and other site improvements constructed in connection
with the development of the Property. All testing and quality control reports shall
also be provided to County and must be submitted prior to final County approval.
Developer shall provide to the particular service provider "as built" plans for all
water facilities, sewer facilities, and utilities. All as-builts must be received and
approved by the Engineering Department and/or the particular service provider
before the completion date.
18. Landscaping Improvements.
All improvements required to be constructed or installed for development of the
Property, and all other matters agreed to be performed as described in Exhibit C,
including but not limited to plant materials, stone and/or landscape timbers, shall
be installed, constructed or performed by Developer on or before May 15, 2009.
Completion of improvements shall be certified stating that the improvements have
been constructed in substantial conformance with the final development plan
documents. However, the final construction collateral for landscaping
improvements will be released only upon the receipt of the certification of
completion and inspection and approval of the landscaping by the County.
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19. Erosion Control.
In order to protect the soil resource, Developer shall construct erosion control
facilities at the commencement of construction. The construction and
establishment of acceptable erosion control facilities shall be assured and installed
by Developer and shall be included in the Public Improvements Opinion of Costs
attached hereto as Exhibit B. Erosion control facilities must be installed and
approved and the as-builts must be submitted and approved by the County before
the completion date.
20, Fire Protection.
The Loveland Rural Fire District provides fire protection service to these
properties. Specific protection is provided as follows: Lots 1-5, Block 2 and Lots
3-5, Block 3 will have fire sprinkler systems in the homes. Lots I and 2, Block 3
will be protected via a fire hydrant.
21. Addressing.
Developer agrees that individual addressing of the lots in the development is an
important factor for identification and safety during construction. Developer
agrees to obtain addresses, including street name and house numbers, for each lot
and to install temporary identifying street and address signage prior to the
issuance of any building permit. Developer and all future lot owners agree the
County, or the governing body having jurisdiction over the Property, shall have
the right at any time to install or require Developer or lot owners to install
permanent street signs on the Property, to change or require Developer or lot
owners to change the location of any permanent street signs on the Property, and
to change any street name or address.
22. Public Improvements Opinion of Costs and Guarantee of Improvements.
Construction Collateral. The Public Improvements Opinion of Costs, as prepared
by a professional civil engineer licensed in the State of Colorado, detailing the
costs of completing the improvements required in this Agreement are shown on
Exhibit B. Developer shall famish construction collateral to the County for the
completion of the improvements in the form of an irrevocable letter of credit from
a state or federally licensed financial institution on a form approved by County.
The purpose of the construction collateral provided by Developer is to guarantee
that sufficient funds are available for the completion of the improvements
described. Although the Public Improvements Opinion of Costs allocates a dollar
amount to various improvements, Developer acknowledges and agrees that the
County may apply the construction collateral allocated to a particular
improvement to any other improvement or category of improvements.
The irrevocable letter of credit shall provide for at least the following:
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a. The amount of the letter of credit is equal to at least 115% of the estimated
cost of the improvements;
b. The letter of credit is payable to County upon demand if Developer fails to
perform the obligations specified in this Agreement and County has
notified the issuer of the letter of credit of the failure to perform;
C. At all times the unreleased portion of the letter of credit is equal to at least
115% of the estimated costs of the uncompleted portions of the required
improvements. In no event shall any amount of the letter of credit be
released or reduced without the express written consent of Larimer
County;
d. Fifteen percent of the total amount will remain available to County until
released by County; and
e. The date of expiration of the letter of credit must be no earlier than 60
days after the date for completion of the improvements specified in this
Agreement, but in no event may the letter of credit expire until County has
received 60 days written notice of the pending expiration. Said notice
must be sent by certified mail to the County Planning Director.
Developer shall fully comply with County regulations and policies for requests
for release of collateral. County's consent to release collateral shall not be
considered an acceptance of improvements by County for maintenance purposes
unless County specifically states otherwise in writing. Procedures for completion
of improvements and disbursements to County from the collateral shall apply
whether there are one or more defaults, or a succession defaults on the part of
Developer in performing the terms, conditions and covenants contained in this
Agreement.
Landscape Collateral. The Landscaping Improvements Opinion of Costs,
detailing the costs of completing the landscaping improvements required in this
Agreement are shown on Exhibit C. Until landscape improvements are
completed, the Developer shall provide collateral to the County in the form of an
irrevocable letter of credit from a state or federally licensed financial institution
on a form approved by County for 15 % over the amount for landscape
improvements. Upon completion of installation of the landscaping and County
inspection and approval, Developer shall provide warranty collateral to the
County in the form of an irrevocable letter of credit from a state or federally
licensed financial institution on a form approved by County equal to 25% of the
grow" items only to ensure their establishment. The warranty collateral shall be
effective for one year. The warranty memorandum shall include this landscape
warranty requirement.
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23. Developer Guarantees and Warranty Collateral.
Developer warrants and guarantees that ALL improvements required to be
constructed pursuant to this Agreement shall be free from defects in materials
and/or workmanship and shall properly function for the purpose intended for a
period of two years (the warranty period). The two-year warranty period for all
improvements shall commence on the date of final county approval of the last
improvement constructed.
Within thirty (30) days following County's approval of the last improvement
constructed:
a. County and Developer shall execute a Warranty Memorandum, The
Warranty Memorandum shall specify (i) the date on which the two-year
warranty period commences, (ii) the type of warranty collateral to be
posted by Developer, and (iii) the improvements which are subject to the
warranty collateral. The Warranty Memorandum may allocate a dollar
amount to each improvement. Developer acknowledges and agrees,
however, that the County may apply the warranty collateral allocated to a
particular improvement to any other improvement or category of
improvements.
b. Developer shall post warranty collateral with the County in a form
acceptable to the County. The warranty collateral shall be no less than
15% of the costs of the improvements for which collateral must be posted
and shall remain in effect during the entire two-year warranty collateral
period.
Developer shall correct, replace or repair any improvement discovered to be
defective or faulty during the warranty period. Any required correction, repair or
replacement shall be commenced within thirty (30) days of County's written
notice advising Developer of the necessary work.
In the event Developer fails to make the necessary corrections, repairs, or
replacements:
a. County may use the warranty collateral to do the work to the extent of
available funds. Nothing herein shall be construed to require County to
complete the work in the event the warranty collateral funds are
insufficient to finance the work.
b. County and/or any Property owner may commence an action against
Developer for specific performance or for money damages for costs of the
necessary work; and/or pursue any other legal or equitable action against
Developer.
C. County may withhold building permits.
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The above remedies shall be cumulative and the election to pursue one shall not
preclude the use of another.
24. Inspections.
No construction shall commence without written approval of the County
Development Review Construction Inspector in the form of a Development
Construction Permit. The issuance of this permit shall follow a pre -construction
meeting scheduled by the County Development Review Construction Inspector.
Developer shall supply to County Development Review Construction Inspector a
schedule of construction and shall notify the County Development Review
Construction Inspector of commencement of construction. The Developer agrees
to pay the fees associated with the Development Construction Permit.
Field inspections of installed of improvements shall be performed by Developer's
licensed professional engineers. Inspection reports shall be available for review
by County upon request. County shall have the authority to halt construction of
any portion of the construction that may be found to be out of compliance with
the approved plans and specifications for the development. Developer shall cause
such work to be corrected and brought into compliance within the time frame set
by the County Engineer, and if not so corrected, the County Engineer may declare
Developer in default of this Agreement.
25. Issuance of Building Permits.
For purposes of this Agreement, "Building Permit" shall include any permit to
begin work to construct a building on the Property, including permits for footings
and foundations. Unless otherwise described, Developer acknowledges and
agrees that applications for building permits for individual lots shall only be
accepted as follows:
a. Footing and Foundation Permits will be accepted when all of the
following items are complete:
1. Over lot grading is complete and the County Engineer has
inspected and approved the grading.
2. Final grading of drainage easements and the installation of the
storm water drainage system is complete and the County Engineer
has inspected and approved the grading and installation.
3. Construction of the roadway sub -grade and installation of the
aggregate base course, or other all-weather surface, for the
roadway serving the project is completed and inspected and
approved by the County Engineer.
4. Acceptable density tests for the sub -grade and utility trenches have
been submitted to and approved by the County Engineer.
5. Street signs are properly installed at all intersections and have been
inspected and approved by the County Engineer.
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b. Full Building Permits will be accepted when all of the following items are
complete:
1. Roadway surfacing at least through plant mix bituminous base
application is complete and the County Engineer has inspected and
approved the surfacing.
2. Density tests for the applied material have been submitted to and
approved by the County Engineer.
3. Public water and sewer systems are completely constructed and
evidence of acceptance by the appropriate water, sewer and fire
protection providers has been submitted to the County Planning
Department.
Developer shall notify all property owners when the above mentioned items have
been completed.
County may restrict the issuance of building permits or Certificates of Occupancy
if construction is not in compliance with an approved schedule, to be agreed upon
by Developer and County.
Developer acknowledges that some or all of the lots in the development include
building envelopes. All structures must be located within these Larimer County
approved building envelopes, as shown on the approved subdivision plat. If a
structure is within 5' of the building envelope, the owner/applicant for a building
permit will be required to demonstrate that the structure(s) is located within the
building envelope prior to the approval of the footing and foundation inspection.
This shall be accomplished by a written certification by a Colorado Licensed
Surveyor (form available from the Larimer County Planning Department).
There is a Larimer County approved drainage plan for this development on file
with the Larimer County Engineering Department. This plan details information
containing horizontal and vertical placement of the structure, culvert size and
location and overall site grading (if applicable). It is the responsibility of the lot
owner/builder to ensure the drainage of the lot is consistent with this plan. This
includes ensuring that the minimum opening elevation/top of foundation is within
2 inches of design elevation. It is also the responsibility of the lot owner to ensure
that the installation and maintenance of landscaping and fences on the lots
complies with the County approved drainage plan.
26. Fees
Developer shall pay to County at building permit issuance County and Regional
Transportation Capital Expansion Fees, and Regional Park Fees In Lieu of
Dedication, School Fees, and Drainage Fees. The fees shall be the amount in
effect at the time of building permit issuance. Developer acknowledges and
agrees that such fees are roughly proportional to impacts created by this
development. Developer shall also pay any other applicable legislatively
formulated and duly adopted fees which are in effect and required to be paid at
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the time of building permit issuance provided such fees are imposed on a broad
class of property owners.
27. Maintenance of Improvements, Common Areas, and Residual Land
a. During the two-year warranty period, Developer shalt be solely
responsible to maintain, repair and replace any and all improvements in
the development (including but not limited to roads, bridges, curbs,
gutters, sidewalks, drainage facilities, sewer systems, utilities,
landscaping) and common areas. Upon expiration of the two-year
warranty period, the property owners, individually, and the Association,
shall be solely responsible for such maintenance, repairs and
replacements. County shall have no liability or obligation for such
maintenance, repairs or replacements.
b. The Association shall set and collect dues and assessments from Propertyownersinanamountsufficienttocarryoutitsmaintenance
responsibilities.
C. The Association shall be solely responsible to maintain the Residual Land.
Such maintenance shall be in accordance with the authority conferred on
the Association by the protective covenants for the Subdivision (Article
III, Sections 8 and 13). County, or its designee, is authorized to enter on
to the Residual Land from time to time to monitor and inspect the
Residual Land to insure that it is being properly maintained.
d. In the event the County determines that the responsible entity/person(s)
has failed to adequately maintain the improvements, common areas or
Residual Land, County shall so notify the responsible entity/person(s) in
writing. Such notice shall specifically state the manner in which the
entity/person(s) has failed to maintain the improvements, common areas or
Residual Land and the steps that must be taken to come into compliance.
The notice shall include a demand that such deficiencies in maintenance
be cured within thirty (30) days of the date of the notice and shall also
state the time and place of a hearing before the Board of County
Commissioners, which shall be held within fifteen (15) days of the notice.
At such hearing, the County may modify the terms of its original notice as to the
deficiencies, and may give an extension of time within which they shall be cured.
If the deficiencies set forth in the original notice, or in the modifications thereof,
are not cured within said thirty days or any extension thereof, the County, in order
to preserve the taxable values of the property contained within the development,
and to prevent the improvements, common areas, or Residual Land from
becoming a public nuisance and public liability, may undertake to maintain the
same for a period of at least one year.
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Before expiration of the maintenance period, the County, upon its initiative or
upon the written request of the responsible entity/person(s) may call a public
hearing before the Board of County Commissioners upon notice to such
responsible entity/person(s) and to the Property owners. At the hearing, the
responsible entity/person(s) shall show cause why maintenance by the County
shall not, at the election of the County continue for an additional set period. If the
Board determines that the responsible entity/person(s) is ready and able to
maintain the improvements, common areas, or Residual Land, the County shall
cease to maintain the improvements, common areas, or Residual Land. If the
Board determines the responsible entity/person(s) is not ready and able to
maintain the improvements, common areas, or Residual Land, the County may, in
its discretion, continue such maintenance for a succeeding set period subject to a
similar hearing and determination prior to the expiration of such period.
The cost of such maintenance by the County and the costs of enforcement
incurred by the County, including but not limited to monitoring, inspections, and
legal fees, shall be paid by the owners of the Property that have a right to
enjoyment or use of the improvements involved or the Residual Land. Any
unpaid costs shall become a lien upon said properties. The County shall file a
notice of such lien in the office of the County Clerk and recorder upon the
properties affected by such lien and shall certify such unpaid costs to the County
Treasurer for collection, enforcement and remittance in the manner and with the
same priority as provided by law for the collection, enforcement and remittance of
general property taxes.
28. Declaration of Covenants.
Developer and Association certify that Article III, Sections 8 and 13 of the
Declaration of Covenants for the Property provide for a regular maintenance
program and adequate funding for maintenance, repairs and replacements of
improvements (including roads, bridges, curbs, gutters, sidewalks, drainage
facilities, landscaping) and common areas and means of enforcement; continuous
safety inspections and immediate follow-up maintenance to correct unsafe
conditions; the receiving and processing of complaints.
Developer and Association agree that the Association shall not be dissolved
without the written consent of the Board of County Commissioners of Larimer
County and certify that the Bylaws and Article III, Section 8 of the Declaration of
Covenants include this prohibition.
29. Liability/Indemnity.
County's review and approval of any plans, reports, or drawings or County's
inspection and approval of any improvements constructed by Developer under
this Agreement does not constitute a representation, warranty, or guarantee by
County that such improvements are free from defects or will operate adequately
for the purpose intended. Current and successor owners of the Property assume
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RECEPTION#: 20070040838, 05/31/2007 at 11:54:02 AM, 15 OF 25, Scott Doyle, Larimer County, CO
responsibility for all maintenance, repairs, or replacements of improvements,
including, but not limited to roads, bridges, curbs, gutters, sidewalks, drainage
facilities, sewer systems, utilities, landscaping, common areas and Residual Land.
Developer agrees to indemnify and hold County, its officers, employees and
assigns harmless from and against all claims, costs and liabilities of every kind
and nature, for injury or damage received or sustained by any person or entity in
connection with, or on account of the performance, condition or quality of work at
the development of the Property pursuant to this Agreement. Developer further
agrees to aid and defend County in the event County is named as a defendant in
an action concerning the performance, condition or quality of work pursuant to
this Agreement, except where such suit is brought by Developer against County.
Developer acknowledges it is not an agent or employee of County.
Nothing in this Agreement shall be construed as a waiver, either express or
implied, of the immunities, rights, benefits, and protections afforded County
under the Colorado Governmental Immunity Act.
30. Default/Remedies/Enforeement.
Upon default of the provisions of this Agreement, the parties agree that this
Agreement may be specifically enforced by any party or any party may proceed in
any other manner authorized by law for a breach of contract. In addition, the
County may:
a. Demand payment under the letter of credit and use the proceeds to
complete the improvements specified herein with or without public letting
as it may deem advisable. In the event the collateral is insufficient to
complete the improvements, County shall be entitled to payment of such
excess in any way permitted by law. Nothing herein shall be construed as
requiring County to complete all of the improvements specified herein in
the event the proceeds of such letter of credit are insufficient to finance all
the improvements.
b. Issue a written notice to Developer to appear and show cause why the
subdivision shall not be vacated. Giving notice shall be deemed complete
upon mailing same certified mail to the address stated herein. The notice
shall designate the date, time and place the Board of County
Commissioners wilt conduct a hearing to consider vacation of the plat.
The hearing shall be not less than thirty (30) nor more than sixty (60) days
from the date of the notice.
Proceed in the manner described in the Larimer County Land Use Code or
State Statutes for a violation of the State or local subdivision regulations.
d. Withhold building permits and certificates of occupancy.
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RECEPTION#: 20070040838, 05/31/2007 at 11:54:02 AM, 16 OF 25, Scott Doyle,
Larimer County, CO
The remedies set forth herein are cumulative and the election to use one shall not
preclude use of another.
In the event of default by Developer or Association, Developer and Association
agree to pay all expenses incurred by County occasioned by said default,
including, but not limited to, a reasonable attorney's fees in enforcing this
Agreement.
31. Applicability of Other Regulations and Conditions.
This Agreement and the terms, conditions and covenants contained herein shall be
deemed to complement and shall be in addition to the conditions and requirement
of the Larimer County Land Use Code and other applicable laws, rules and
regulations, notwithstanding anything contained or referred to the contrary.
32. Periodic Reviews.
County may conduct periodic reviews of the status of the development as
appropriate to monitor and enforce the terms of this Agreement.
33, Binding Effect of Agreement.
This Agreement is intended to provide for the orderly construction and
maintenance of structures and other improvements on the Property. This
Agreement shall be a servitude running with the Property. Those owners of the
Property or any portion of the Property who obtain title subsequent to the date of
this Agreement, their heirs, successors, assigns or transferees, and persons holding
under Developer shall comply with the terms hereof.
If the Property becomes included within the boundaries of any city or town, the
County's rights under this Agreement shall automatically pass to the governing
body of the city or town and the successor town or city may enforce this
Agreement against such subsequent owners and those holding under them.
In the event Developer transfers title to the Property and is thereby divested of all
equitable and legal interest in the Property, 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(s) shall be bound by the
terms of this Agreement.
34. Notations and Recordation.
Developer shall note on the final subdivision plat, as a plat note, and in a
disclosure statement the existence of this Agreement as recorded by the Larimer
County Clerk and Recorder. Developer shall note on the final subdivision plat
and in the disclosure notice the entity/person(s) responsible for maintenance of
the improvements, landscaping, common areas and Residual Land. Developer
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RECEPTION#: 20070040838, 05/31/2007 at 11:54:02 AM, 17 OF 25, Scott Doyle, Larimer County, CO
shall file for recording with the Larimer County Clerk and Recorder, this
Agreement and any deeds and/or other documents required as part of the final platapprovalofthisdevelopmentbytheBoardofCountyCommissioners.
35. Conflict with Other Documents.
In the event of a conflict between the terms or conditions of this Agreement and
the Declaration of Covenants, Plat Notes, Disclosure Notice, or Findings andResolution, this Agreement shall control.
36. Severability.
If any part, terms, or provision of this Agreement is held by a court to be illegal or
otherwise unenforceable, such illegality or unenforceability will not affect the
validity of any other part, terms, or provision and the rights of the parties will be
construed as if the part, terms, or provision was never part of this Agreement.
37. Amendment.
This Agreement may be amended by mutual consent of the County and 75% of
the Filing Two Property owners based on one (1) vote per lot, provided such
amendment is in writing.
38. Controlling Law.
This Agreement shall be governed by the laws of the State of Colorado.
LCPP-127
05/15/07
Page 17
RECEPTION#: 20070040838, 05/31/2007 at 11:54:02 AM, 18 OF 25, Scott Doyle,
Larimer County, CO
LARIMER COUNTY:
Boatel of Commissioners
of Larimer County, Colorado
A
to
STATE OF COLORADO)
COUNTY OF LARIMER)
SEAL
T e f ing instrument was c edged b brepq this.ay of
2007 b / as Chair of the
Board 6f C#rmfy Commissioners of Larimer County, C61orado.
Witness my hand and official se
My Commission Expires:
alloPublic 0o'0°
LCPP-127
12/04/06
Page 19
RECEPTION#: 20070040838, 05/31/2007 at 11:54:02 AM, 19 OF 25, Scott Doyle, Larimer County, CO
OWNER/DEVELOPER:
Bluebonnet Investments, LLC
Manager
STATE OF COLORADO)
COUNTY OF LARIMER)
Acknowledged before me this 'j46 day of %%% 2007 by WilliamLocklearasMana% uebonnet Investments, LL .
Notary Public
Witness my
My commission expires: -/5 •a OO 9
LCPP-127
12/04/06
Page 19
RECEPTION#: 20070040838, 05/31/2007 at 11:54:02 AM, 20 OF 25, Scott Doyle,
Larimer County, CO
ASSOCIATION:
Autumn Creek Homeowner Association, Inc.
By:G fi...ri . President
Name and Title
ATTEST:
Corporate Secretary
STATE OF COLORADO)
COUNTY OF LARIMER)
Ac]cnowledged before me this day of %% 2007 by
AK as President of Autumn Creek Homeowner Association, Inc.
and n._ r as Secretary of Autumn Creek Homeowner
Association, Inc.
T,
Notary Public
Witness my seal.
My commission expires: '7 •/5J;&7
LCPP-127
12/04/06
Page 20
RECEPTION#: 20070040838, 05/31/2007 at 11:54:02 AM, 21 OF 25, Scott Doyle, Larimer County, Co
Exhibit A
Autumn Creek Conservation Development Second Filing,
A Tract of Land, Being a Replat of Blocks 2 and 3, Residual Lots A and
B and Common Area Lots A and B of
Autumn Creek Conservation Development,
Located in the Northwest % of Section 19, Township 6 North, Range 68
West of the 6'h P.M., County of Larimer, State of Colorado
RECEPTION#: 20070040838, 05/31/2007 at 11:54:02 AM, 22 OF 25, Scott Doyle, Larimer County, CO
EXHIBIT 8
Public Improvement Opinion of Costs
Pnolabt Mama: Autumn Crwk
8 T CY I 80.88 11467 7,790.76
Dkf EA 3160.001 lei 82880.00
InIN PrOhdlon EA 8270.00 6 H,620.00
LF 31.30 azm 4,100.006000RX::=T Pad EA 81300.00 1 1300.00
nl CY 31.10 WW s106B0.00
EA 490.00 10 4 900.00
S9baka 20.11 Eradw Coro) $33,210.76
20a2 stir tin roY wft
and S1en LS 0.ao
a sin cw ee and aba nKaa. EA 0.00
sa«I er 1.0o or" 19466.ao
Expvalbn CY 0.87 470e8 841AM46
1130RW CY 80.00
FN CY - 0.67 40715 28937.66
vMbnCY lo.
rWCY se.^
a^tSY 40.00trrs: P HBP over r ABC SY 19.60 899- 130.788.
R0s0:4" HBPO WABC 8Y 822.80 891 21 228.90
irAcoar Road: r ABC SY 5.60 1467 178.
BY4Nrj:R
0.
SY 0.
CY 0.00
oaaman4 EAb*$ BA 460.00 10 4800.00
IMb EA 200.00 33870.00
emrhEA 30A0onic@" LF 74.20 46 83,3m.00
SUM W 20.22 Sbrr lmpOwi aft SM.90.71
20.2.3 enuebur
B Shmm EA 40.00
eua" I LF moo
Rse rtilan LF I I 30.00
Ra81 ul8o LF I I 1 30.00
Haa"Is I EA 1 $1670.00 1 31670.00
Ah%W20.23StrucMsa $1,670.00
2014 PsdnbUn and eBuwa Facilities
C SF 57.40 3716 1Z7491.00
CanoslaAcers SF 37.40 180 11,33200
8kkwrlk Patch2 SF 86.30 Me 8216240
Sid LF 1.20 1730 82,076.00
14nd1 THCk 8ltleaalk SY 0.00
bkldt THck SWawat 4.V VNde LF 15.00 1730 27507.00
Ra w1A11A Pays EA 800.00 10 88900.00
Sid avwk Char, 11W EA 83.M.00 2 87.640.00
8' Cwb Chre SF 6.30 275 1 67.50
0rht LF 0.29 010 88,972.00
Bklawa8Chrw1200 EA 030.00 1 89030.00
Cub and Outlr Gavdm LF 1.00 6286 8,203.00
Cub end CutMr-18"Vedlral I LF 816.00 14B 82,306.60
Cub OW CUIM-31"kbudebN I LF 812.70 4290 63,721.00
Ckwdwm Cub LF 10.00
SubWal 20.2.4 Pedeablen end Bikeway Fe NMw $140,479.40
RECEPTION#: 20070040838, 05/31/2007 at 11:54:02 AM, 23 OF 25, Scott Doyle, Larimer County, CO
Public IMPMMerlb Opinion of Cab
Proled Nam: Autumn C71mk
20.2,8 Trwft 81muisL BkMne eu1 JIMMn .
BWtlrd Stne161 ne - --
Strdad Pooh
EA
EA
SM00 1 470.00
sD.DDWdWdEA470.00 1 470.00surd" Lk* Er 0.00LatrxPaint4InchesLF
LaWr PSW 8lndms LF
0.00
LM" POM 121ndee LF
00.
Low Paint is LF
fae0
lakeLPPEMkwhM
E Pavenem M 4 Ylehee LF
00.00
0.00
0.00EPavarnedMomLF80.00EPawrwd121rWwLF0.00P=W1 0wMew1a " LF 0.00EPawnedindmLF80.00
Plamrtned h M a Cloeseeb LF p 0pPfeM1vintlUtleSF10.00
ra8k S
e....-._...- _
EA 4D.00
Vw,m. +lN.ory vry ueyrq iWa.W
20.0 Stem DrWmoe Feailafee
CMP Culvan wfFES
LFM$83
100 3,000.00
1B' CL IS RCP LF 24 81,0m.a0
SP CLIII RCP LF 341 818,743.10
24'RCP FES EA 0 8 f1,860.00
4a'BMnMedpk EA 1 41760.00
Slam P Erxexxanent EA a 200.00
c in et EA 1 52,080.00
PeW OIWet Sax EA 1 N1000.00
R CY a1 i8,723.00
mr.,..o,.wnr ananaaereavvw iM,tNia.70
9 Romwals mW Rd er
Sewer SY 698.80 N 8Y.846.20
NP V afer 6ne Sy 48560 80 to S40.00
Celoata 8klewk SF 80.46 108 103.60
CuNelt mm0uN L8 8390.00 1 M.00
M SY s9.00
N Removal Sy 83.10 QO 5188.00
Fe Remowl LF 80.60 so 41081.7D
amwa ea.<.a removae alia raper 812,U0.50
20.3.10 ConprueWn SurveylnWfftklnO ILS 478,000.00 1 418,000.00
Sabi" 20.210 CDashw fon Sw"Aj0ftWq 818.000.00
20.2.11 Mefarim Twon8 ILS 1 $13.000,00 7 i19,000.00
Su0toW 20.211 Unfadaf Tesft $13.000.00
20.2.12 Reewd Draem0s ILS $500.001 11 4500.00
Subfde20.2.72Rec vmw#W 8500.00
20.2.13 Constuc0on llwmg t ILS 1 $12,000.00 1 S12W0.00
SUOfofal 20.2.13 Connmc8el Mwmwnenf 812,OOD.00 -
RECEPTION#: 20070040838, 05/31/2007 at 11:54:02 AM, 24 OF 25, Scott Doyle, Larimer County, CO
SEAL
cotCf2A0 0..
Pu6No hRprowmmb Opinion of Cobb
Ptoied Nunn: Autumn Croak
wow une Cwu6ucum
1' IMd T EA 970.00 1 p e70.aD14'. MTa EA l3,190Ao t $3,190.00
e' PVC C900 CYeb 180 DR 18 LF l26e0 2842 l60,113.00
r aww EA 0270.00 3 $810.00
V Tse EA 410.00 1 $410.00rxrRectorsEA54.00 1 $84.00
6'VMwwhh BOX EA seeo.w 2 $1700.00PieEA61e46D92661880.003firSWVIMStubsEA11200.00 11 624,200.00PRVEAi24800.00 1 800A0
Too LS 1 1 600.Oo 1 $1 ee9.b6
Ffow FitI CY 1 W40 30 i1,98200ebsetCAP"It I Ls 1 420.a9 1 i420.ao
Submfel ftierLhe Caneeuelm e.e. arn.n
SNWWLjm Combvcftn
1.1=
Cannxlm M*ftwo EA 1400.00 1 i14aSa0
PVC eOR LF 33.60 3970 129846.00
4' McMde EA 82140.00 18 i38,620.00
rservkesh" EA N,910.00 12!1 4122.929.00
r CMrpul EA ls4D,a9 8 117o9.ao
etW Ls 7.400.09 1 57,490.00
EA 11,240.00 2 92460.00
un wrwumw em4,1a90
SUBTOTAL OF PUBLIC IMPROVEMENTS: $808.511.67,
AddWORMI 16% rowbed by Section 116.2.C: 6133,276.76
GRAND TOTAL OF PUBLIC IMPROVEMENTS: 61,021,786A2
i ATTEST: BOARD OF COUNTY COMMONERS
LARIMER COUNTY
C from L
PROFESSIONAL ENOINEER)Slp,ntutslBhmP)
Rs"Ired N pwieet in DMA)
DEVELOPER
RECEPTION#: 20070040838, 05/31/2007 at 11:54:02 AM, 25 OF 25, Scott Doyle,
Larimer County, CO
EXHIBIT C
Pubbe Improvenrony Opinion of Coaft
Project Noms•. Autumn Croak
Landmoo knomvanrMc
FNeM Msbrbb LS 128.00 1 3eaA29.00
on L$ 3.211.00 1 i3,2tt.00
P
StnkhlM U7smeraE (Ouabo7, Bmld>as,
L$ 6 111.00 1 3a,1t1.00
Fa nUdns, etc. L$ 0 t0.00
Mulch YYseC Bsn(er MebuiNs LS 516,082.00 1 it8,00200
Tres MekAWa L$ 11/3.00 1 N,ee3.08
SUBTOTAL OF LANDSCAPE IMPROVIDAENTS:
AMINlonsl 18_% MWW by 1M Div. A1lroe Mnt
GRAND TOTAL OF LANDSCAPE IMPROVEMENTS:
871na.00
13,081.25
100,388.28
ATTEST: BOARD OF COUNTY COMMIS&ONEM
uIaMER COUNTY
s
PROFESSIONAL ENGINEER(SIOmturW3Wmp) DEVELOPER
Ts9uhed M project M GSA)
W.'W B