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HomeMy WebLinkAboutFALCON RIDGE PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-10-24FALCON RIDGE P.U.D. AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT, made and entered into this Day off -'- of 199'_' , by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("City") and SANDCREEK ASSOCIATES LLC, a Colorado Limited Liability Company ("Developer"), is an amendment to that certain Development Agreement dated May 20, 1996 by and between the City and the Developer, hereinafter referred to as the "Development Agreement." WHEREAS, the City and the Developer previously executed the Development Agreement; and WHEREAS, the parties presently desire to modify 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 are hereby acknowledged, the parties here to agree to amend the terms and conditions of the Development Agreement as follows: A. The legal description shall be amended to read as follows, to wit: FALCON RIDGE P.U.D., situate in the Southwest '/< of Section 36, Township 8 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, EXCEPT Lots 14 through 19 and Tract B (now known as The First Replat of Falcon Ridge PUD). B. Subheading II (Special Conditions) Paragraph C.I shall be replaced with the following paragraph to read as follows: 1. The Developer and the City agree that all on -site and off -site storm drainage improvements for Phase One, as shown on the approved Falcon Ridge P.U.D. utility plans, shall be completed by the Developer in accordance with said plans prior to the issuance of more than five (5) building permits in Phase One of the development. Completion of improvements shall include the certification by a professional engineer licensed in Colorado that the drainage facilities which serve this development have been constructed in conformance with said approved Falcon Ridge P.U.D. utility plans. Said certification shall be submitted to the City at least two weeks prior to the date of issuance for any building permit greater than said five (5) building permits in Phase One. The Developer and the City agree that all on -site and off -site storm drainage improvements for Phase Two, as shown on the approved Falcon Ridge P.U.D. utility plans and the utility plans for the First Replat of Falcon Ridge P.U.D., shall be completed by the Developer in accordance with said plans prior to the issuance of more than six (6) building permits in Phase Two of the development. Completion of improvements shall include the certification by a professional engineer licensed in Colorado that the drainage facilities which serve this development have been constructed in conformance with said approved Falcon Ridge P.U.D. and First Replat of Falcon Ridge P.U.D. utility plans. Said certification shall be submitted to the City at least two weeks prior to the date of issuance for any building permit greater than said six (6) building permits in Phase Two. The Developer and the City agree that all on -site and off -site storm drainage improvements for Phase Three, as shown on the approved Falcon Ridge P.U.D. utility plans, shall be completed by the Developer in accordance with said plans prior to the issuance of more than five (5) building permits in Phase Three of the development. Completion of improvements shall include the certification by a professional engineer licensed in Colorado that the drainage facilities which serve this development have been constructed in conformance with said approved Falcon Ridge P.U.D. utility plans. Said certification shall be submitted to the City at least two weeks prior to the issuance for any building permit greater than said five (5) building permits in Phase Three. C. Subheading II (Special Conditions) Paragraph C.5 shall be replaced with the following paragraph to read as follows: 5. Lots 20, 29 and 30 of the Property abut certain storm drainage facilities and it is agreed that it is of the utmost importance that no storm water from said facilities enters houses built on said lots. In order to provide the assurance that houses built on said lots are constructed at an elevation that said storm water cannot enter, the approved utility plans for this development contain specifications for the minimum elevation for any opening to each such house. Prior to the issuance of a certificate of occupancy for each of said lots the Developer shall provide certification from a Colorado licensed professional engineer that the lowest opening to any such house is at or above the minimum elevations required on said utility plans, and that the lot corner elevations for each lot are the same as those specified on the approved utility plans. Said certification is in addition to, and may be done in conjunction with, the certification of the minor swale grading and lot grading described in paragraph ILC.4. above. D. Subheading II (Special Conditions) Paragraph DA shall be replaced with the following paragraph to read as follows: 4. The Developer and the City agree that Lots 1, 8, 9 of Falcon Ridge P.U.D. shall not be allowed to have vehicular (driveway) access off of Country Club Road. E. Subheading II (Special Conditions) Paragraph D.6 shall be replaced with the following paragraph to read as follows: 6. The Developer and the City agrees that Lots 26 and 27 shall take access off of Falcon Hill Road. F. Subheading II (Special Conditions) Paragraph D.10 shall be replaced with the following paragraph to read as follows: 10. In accordance with Section 24-95 (a) of the City Code, and in order to minimize the disturbance of grading, landscaping, and other improvements related to the houses to be constructed on Lots 1, 8 and 9 of the Property, the Developer and the City agree that no building permit for each of Lots 1, 8 and 9 of the Property shall be issued until the improvements to Country Club Road including the water lines, fire hydrants, sanitary sewer lines, and public streets (including curb, gutter and sidewalk and pavement with at least the base course completed) adjacent to each of said Lots have been completed and accepted by the Elco Water District, Cherry Hills Sanitation District, and Latimer County, respectively. G. Subheading II (Special Conditions) Paragraph D.I 1 shall be replaced with the following paragraph to read as follows: 11. The Developer and the City agree that, in accordance with Section 26-679 of the City Code, prior to the issuance of any certificate of occupancy for each of Lots 1, 8 and 9 of the Property, and prior to allowing any public vehicular access to Country Club Road from this development, the improvements to the Country Club Road as shown on the approved utility plans for this development must be completed in accordance with said plans, accepted by Latimer County, and proof of said acceptance must be submitted to the City's Engineering Department. H. Subheading II (Special Conditions) Paragraph D.14 shall be replaced with the following paragraph to read as follows: 14. The Developer shall take all reasonable and necessary measures, including but not limited to, posting signs, constructing and maintaining barricades and fencing, to ensure that the construction traffic serving this development does not access the Property via Ford Lane from Talon Court, throughout the buildout of this development. L Subheading II (Special Conditions) Paragraph E.1 shall be replaced with the following paragraph to read as follows: 1. Pursuant to the provisions of the City's Land Development Guidance System, the Developer must submit an application for approval of an Administrative Change to the P.U.D. to obtain permission to locate any temporary sales office on the Property and/or to request any temporary construction access off of Country Club Road. J. All other terms and conditions of the Development Agreement shall remain unchanged and in full force and effect, except as expressly amended in this Amendment Agreement No. 1. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ATTEST: i CITY (.'LEI<Y APPROVED AS TO CONTENT: Jam, t c or Director of Engineerink APPR ED AS TO FORM: Deputy City Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: �Q t" �WX✓ City VAanager DEVELOPER: Sandcreek Associates LLC, A ColoraooTimited 1}hbility company Edward By: Peter R. Sherman, Manager