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HomeMy WebLinkAboutSAGE CREEK - Filed DA-DEVELOPMENT AGREEMENT - 2001-09-28SAGE CREEK AMENDMENT AGREEMENT NO. 2 THIS AMENDMENT AGREEMENT NO. 2 is made and entered into this:7:q. day of 2001 by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City"), and the JAMES CONSTRUCTION COMPANY, INC., a Colorado corporation ("Developer"). and is an amendment to that certain Development Agreement dated August 10, 2000 and that certain Sage Creek Amendment Agreement No. 1 dated March 26, 2001 by and between the City and the Developer, both of which are hereinafter referred to as the "Development Agreement." WHEREAS, the City and the Developer 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 hereto agree to amend the terms and conditions of the Development Agreement as follows: A. Subheading II (Special Conditions) Paragraphs C.1 shall be replaced with the following paragraph and subparagraphs to read as follows: I . (a) The storm drainage improvements associated with Phase 1 of this Development, as shown on the Final Development Plan Documents and the "Sage Creek/Harvest Park County Road 9, Box Culvert and McClelland Channel Improvement Plans', shall be completed by the Developer in accordance with said Final Development Plan Documents and the "Sage Creek/Harvest Park County Road 9, Box Culvert and McClelland Channel Improvement Plans" prior to the issuance of more than I2 building permits (for the single family attached lots) in Phase 1 of this Development. (b) The storm drainage improvements associated with Phase 2 of this Development, as shown on the Final Development Plan Documents and the "Sage Creek/Harvest Park County Road 9, Box Culvert and McClelland Channel Improvement Plans', shall be completed by the Developer in accordance with said Final Development Plan Documents and the "Sage Creek/Harvest Park County Road 9, Box Culvert and McClelland Channel Improvement Plans' prior to the issuance of more than 48 building permits (for the single family attached lots) in Phase 2 of this Development. Phase 2 certification shall include the certification of the "McClelland Channel Improvements' including all the box culvert crossings of the channel (both for pedestrian paths and street crossings) as shown on the Final Development Plan Documents and on the "Sage Creek/Harvest Park County Road 9, Box Culvert and McClelland Channel Improvement Plans'. If landscaping in the McClelland Channel cannot be installed due to seasonal restrictions, then the Developer shall be allowed to deposit in escrow with the City 125% of the cost of said channel landscaping improvements and obtain additional building permits as necessary. The Developer agrees to complete the above -referenced Phase 2 "McClelland Channel" improvements on or before October 31, 2001. (c) The storm drainage improvements associated with Phase 3 of this Development, as shown on the Final Development Plan Documents, shall be completed by the Developer in accordance with said Final Development Plan Documents prior to the issuance of more than 27 building permits in Phase 3 of this Development. (d) The storm drainage improvements associated with Phase 4 of this Development, as shown on the Final Development Plan Documents, shall be completed by the Developer in accordance with said Final Development Plan Documents prior to the issuance of more than 14 building permits in Phase 4 of this Development. Completion of drainage improvements shall mean the certification by a professional engineer licensed in Colorado that said drainage facilities have been constructed in conformance with said Final Development Plan Documents. All required certifications shall be submitted to the City at least two weeks prior to the date of issuance of additional building permits upon approval of such certification as specified in this paragraph. B. All other terms and conditions of the Development Agreement and Amendment No. 1 shall remain unchanged and in full force and effect, except as expressly amended in this Amendment Agreement No. 2. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. TTEST: City Clerk APPROVED AS TO CONTENT: m' City Engm er ;;= AS TO FORM: uty City Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: Q:Q- I.IL. P' ...IL City MKnager 2 DEVELOPER: James Construction Company, Inc., a Col do Corpo ho By: J es Po le, President ATTEST: l n Melinda Bartlett, tri f lement Manager SAGE CREEK AMENDMENT AGREEMENT NO. 1 M THIS AMENDMENT AGREEMENT is made and entered into this 2(L_ day of , 200 1 , by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("City"), and the James Construction Company, Inc., a Colorado Corporation ("Developer"), is an amendment to that certain Development Agreement dated August 10, 2000 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 hereto agree to amend the terms and conditions of the Development Agreement as follows: A. Subheading I (General Conditions) Paragraph C shall be replaced with the following paragraph to read as follows: 1. No building permit for the construction of any structure (except garage structures) in Phases 1 & 2 shall be issued by the City until the public water lines and stubs to each lot, Fire hydrants, sanitary sewer lines and stubs to each lot, and public streets (including curb, gutter, and pavement with at least the base course completed) serving such structure have been completed and accepted by the City. No building permit for the construction of any structure in Phases 3 & 4 shall be issued by the City until the public water lines and stubs to each lot, fire hydrants, sanitary sewer lines and stubs to each lot, and public streets (including curb, gutter, sidewalk and pavement with at least the base course completed) serving such structure have been completed and accepted by the City. No building permits shall be issued for any structure located in excess of six hundred and sixty feet (660') from a single point of access, unless the structures contain sprinkler systems that are approved by the Poudre Fire Authority. B. Subheading II (Special Conditions) Paragraphs DA and D.5 shall be replaced with the following paragraph to read as follows: 1. Prior to the issuance of any certificate of occupancy for Phase 1 and prior to the issuance of any building permit for Phase 2, the Developer shall construct the entirety of the Kcchter Road improvements (including curb, gutter, sidewalk, and pavement with at the least the First lift of asphalt) in accordance with the final project development plan documents. C. Subheading II (Special Conditions) Paragraphs C.1 shall be replaced with the following paragraph to read as follows: 1. The storm drainage improvements associated with Phase 1 of this development, as shown on the approved final development plan documents and the Sage Creek/ Harvest Park County Road 9, Box Culvert and McClelland Channel Improvement plans, shall be completed by the Developer in accordance with said final development plan documents and the Sage Creek/ Harvest Park County Road 9, Box Culvert and McClelland Channel Improvement plans prior to the issuance of more than 12 building permits (for the single family attached lots) in Phase 1 of this Development. The storm drainage improvements associated with Phase 2 of this development, as shown on the approved final development plan documents and the Sage Creek/ Harvest Park County Road 9, Box Culvert and McClelland Channel Improvement plans, shall be completed by the Developer in accordance with said final development plan documents and the Sage Creek/ Harvest Park County Road 9, Box Culvert and McClelland Channel Improvement plans prior to the issuance of more than 24 building permits (for the single family attached lots) in Phase 2 of this Development. Phase 2 certification shall include the certification of the "McClelland Channel' improvements including all the box culvert crossings of the channel (both for pedestrian paths and street crossings) as shown on the approved final development plan documents and the Sage Creek/ Harvest Park County Road 9, Box Culvert and McClelland Channel Improvement plans. In the event that the "McClelland Channel' improvements are completed by a third party, the Developer of Sage Creek will still be obligated to ensure that these improvements are completed and certified prior the issuance of more than 24 building permits (for the single family attached lots) in Phase 2 of this Development. If landscaping in the McClelland Channel cannot be installed due to seasonal restrictions then the Developer shall be allowed to escrow 125% of said channel landscaping improvements and obtain additional building permits as necessary. The storm drainage improvements associated with Phase 3 of this development, as shown on the approved final development plan documents, shall be completed by the Developer in accordance with said final development plan documents prior to the issuance of more than 12 building permits in Phase 3 of this Development. The storm drainage improvements associated with Phase 4 of this development, as shown on the approved final development plan documents, shall be completed by the Developer in accordance with said final development plan documents prior to the issuance of more than 14 building permits in Phase 4 of this Development. Completion of drainage improvements shall mean the certification by a professional engineer licensed in Colorado that said drainage facilities have been constructed in conformance with said final development plan documents. All required certifications shall be submitted to the City at least two weeks prior to the date of issuance of additional building permits upon approval of such certification as specified in this paragraph. D. 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. TTEST: CITY CLERK APPROVED AS TO CONTENT: C� w City Engineer APPROV D AS TO FORM: Deputy City Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: Q 0 • -h. City Wriager DEVELOPER: James Construction Corporation, Inc., a Colorado Corporation By: Jame Postle, President ATTEST: By: Renee McCauley, Marketing A tant