HomeMy WebLinkAboutWATERGLEN PUD - Filed OA-OTHER AGREEMENTS - 2004-03-12ADDENDUM TO DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF FORT COLLINS, COLORADO AND
PATRICK B. ROCHE DATED
NOVEMBER 23, 1998
'I his Addendum is executed this v clay off <li !/f/ , 2002. by and between The City
of Fort Collins. a municipal corporation ("the City"), and Waterglen. L.L.C., a Colorado limited
liability company (the "Developer").
WITNESSE'I ll:
WI IFRFAS, on November 23, 1999. the City and Patrick B. Roche ("Roche"). an individual
and then -owner of Waterglen P.U.D.. a subdivision of the City of Fort Collins, County of Larimer,
State of Colorado e,ccorciing to the plat recorded in the office of the Larimer County Clerk and
Recorder on Dccanbar 15, 1998 at Reception No. 98109875 (the "project"), entered into a
Development A�zrecment (the "Agreement') in connection with the Project: and
'XI WIZEAS, subsequent to the cxccution of the Agreement. IZochc sold the Project in its
entirety to the Developer; and
WI IEREAS. the Developer and the City ❑ow desire to amend the Agreement.
NOW, 1'1IERI FORE, in consideration of the promises oftire parties hereto and other-ood
and valuable consideration, the receipt and adequacy of which are hereby ncknowledeed, it is agreed
as follows:
I . Basements. The Project has not been designed for basements without subdrains. If
an applicant for a huilding permit desires a basement to be built on any lot within the project, then
prior to the issuance ofa building permit for such lot. the applicant shall submit such information as
is customarily and usually t'cquested by the City to demonstrate the viability of the proposed
ba9eme11t, with or A%ithout a subdrain.
2. Floodplain Permits for SinLlc Familv Lots. The Developer and the City agree that
Mallv-six (1--0) single-Iarink lots in the Project. which lots are identified on 1(xhibit A attached
hereto and incorporated herein by this reference, are located within a City flood plain (the "flood
Plain Lots") and will require the issuance ofa City Flood plain use permit prior to the issuance of a
building permit. Additionally, prior to the issuance of a certificate of occupancy or Letter of
Completion for any o[the flood plain Lots. a lot grading certification shall be suhmitted to theCity.
It is further agreed by the Developer and the City that it is possihle to fill and regrade a
numhcr of the Flood plain Lots to an elevation above the hase flood plain elevation. Upon
completion ol'the filling and regrading work and submission of acceptable evidence thereof to the
('its-. the regraded lots shall be removed from the flood plain and shall 110 longer be subject to the
requirements of this Paragraph 2. '1 lie elevation of the lowest floor. including the bottom of
hascmcnl and crawl space. for any lot that remains in the flood plain must beat Icast 1.5 Icct above
base hood elevation.
>. Ploodplain Permits for Multi -family Tracts. 'tract O of the Project, which tract/ is
approved for multi- fainily development on the plat of Waterglcn P.U.D.. is partially Within a City
flood plain, malting it necessary that a flood plain use permit be issued fin' Tract O prior to the
issuance of a building permit for any ol'the multi-ftmity buildings to he located thereon. In lieu
thercof', the Developer and the City agree that flood plain use permits must only be obtained by the
oWncrs of those individual nwlti-family buildings Within Tract O which tine to be constructed either
wholly or partially within the City flood plain. The Developer and the City further agree that the
Developer shall give notice of potential flooding of the parking areas in Tract O during a 100-year
storm event by erecling permanent notification signs in each parking area prior to the issuance of a
certilicate of occup:mcy for any of the multi -family buildings. The homeowners' association for
each tract shall be permanently responsible for the maintenance and replacement of such signs.
The City has given final approval to a replat of Tract P of the Waterglcn P.U.D... which has
resulted in the removal of I Tact P in its entirety from the City flood plain.
4. County Road 9E Contributions. In accordance with the approved Final development
plans, the Developer has improved that section of Vine Drive adjacent to the Project and continuing
west to its intersection with County Road 9E. fn full satisfaction ofall of the Developer's remaining
ohligations for oil, site improvements. the Developer agrees to pay its proportionate share of the
costs of the NI? Arca Overlay Improvements as estimated in that document entitled °Interim
I nlprovcmcnts Ibr ('aunty Roads 91{ and 1 1 " prepared by the Fort Collins I�:ngincering Department.
which is attached hereto as Exhibit 11 and incorporated herein by this reference. Such costs shall be
assessed on a per lot hasis at the time of issuance of the remaining huilding permits with the Project.
5. Cooper Slough. Notwithstanding the parties' prior contemplation that the Developer
would dedicate certain property within the Project referred to herein as fhc Cooper Slough. and
legally described as 'I Tact B, Waterglcn P.U.D.. the Developer and the City mutually agree that the
Coopa- Slough shall be retained by the Developer or the homeowner's association for the Project.
and further agree as follows:
(a) Installation of Additional Stormwa_ter Facilities. In accordance with that
letter agreement between the City and the Developer dated April 25. 2000 (the "Letter
Agreement"1 the Developer deposited cash in the amount of 553.210 into escrow with the
City to guarantcc installation of (if a subsurface underdrain system in Detention Ponds C. D,
1 and F in accordance with the Underdrain System Design approved by the City on June 22.
2000 as Shect 831 of the final utility plans of Waterglcn PA LI). (the "underdrain system");
Mid (ii I a redesigned orifice plate on the water quality stucturc at the southwest corner of
Detention Pond F. which facilities are collectively referred to herein as the "Improvements".
Installation of' the Improvements was completed by the Developer's contractor in
coordination with the City on approximatcly November 15, 2000. "rhe City has
acknowledged that the Improvements were installed in accordance with the approved plans
therefor and have released the escrowed amount of $51,230 to the Developer. The City
acknowledges that all obligations of the Developer with regard to the Improvements have
been satisfied in full.
(h) I{scrow for Perforated Pipe. Pursuant to the better Agreement the Developer
deposited cash in the amount of $5.600 into escrow with the City to guarantee installation of
a pertorated pipe in the storm channel that flows west into Detention Pond D. Subsequent to
the date ofthe Letter Agreement, it was mutually agreed by the City and the Developer that
the perforated pipe should not be installed unless the results of the monitoring conducted
pursuant to Subparagraph 5(c) below conclusively determined the need therefor. The City
herchy acrecs to release the Developer from any further ohligation to install the perforated
pipe_ and the City has released to the Developer the escrowed funds in the amount of$5-600.
(c) Monitoring Plan. In accordance with the approved Revised Cooper Slough
Monitoring Pla❑ dated April 25. 2000, and all subsequent amendments thereto (the
"Monitoring Plan'). the Developer has, since February 13, 2001, conducted monthly
monitoring of the Cooper Slough to evaluate the impact of 111oundwater seepage from
Detention Ponds C, D, I?. and F of the Project. Based on the results of such periodic
monitoring and submission of the final monitoring measurements taken in mid -September,
2002 and a letter report sununariring the results and conclusions of the monitoring, the Cih
and the Developer mutually agree that the Developer's obligation to monitor the Cooper
Slough has been satisfied in full.
6. Paragraph I I. D. of the Agreement shall be amended by the addition of the following
paragraph:
11. As part of the off -site East Vine Drive street improvements the Developer is
obligated to complete all of the improvements in accordance with the approved final
development plan documents including the reconstruction of the railroad crossing at the
Burlington Northern Santa Fe Railroad (" BN'SF") tracks and relocation ofrailroad signals to
accommodate the street widening. Based upon estimates ol'the Dcacloper's engineer and the
Citv's kwinecring and Street Departments_ the Developer and fhc City mutually agree that
the Developer shall deposit the sum of Ninety -Five Thousand Dollars ($95,000.) with the
City within sixty (60) clays after execution ofthis Addendum for the Cily's use in completing
the rcconsu-uction of the railroad crossing and in full satisfaction of the Developer's
obligation to reconstruct said railroad crossing. 'fhe City shall he responsible forcontracting
with the BNSF to reconstruct the crossing and loi-completingany aclditionat work_ including
pavement, sniping. grading, seeding and traffic control and the Developer shall have no
responsibiliiv therefor. Upon completion of the work by the BNSF and the City.. any
remaining funds shall be promptly returned to the Developer.
7. Any oi'the Developer's obligations under this Addendum, unless otherwise prohibited
herein, may be assigned to the homeowner's association for the project.
3
S. Paragraph M.N. of the Agreement shall be amended to provide that any notice or
communication related to the Agreement or this Addendum shall be given to the Developer at the
address set forth bclova:
I f to the Developer: Waterglen, L.L.C.
Attn: Ken Crumb
P.O. Box 337600
Greeley, CO 80633
9. Binding, Effect. With the exception of the above -referenced amendments. all other
provisions of the Agreement shall remain in full force and effect and continue to bind the parties
hereto.
Dated the date first above written.
C`IIY:
A'ITlI SI:
city Clerk
APPROVED AS'f0 CONTENT:
(?fi, /y tiY_
City Fnginecr
TIIE CITY OF FORT COLLINS,
COLORADO, a municipal corporation
By: Q42— 1 , �L-dl, i'.i
John V Fischbach. Citv Manager
4
APPROVF AS TO FORM:
Dcputy City Attorney
DINITOPER:
S'I A IT OF COLORADO )
> ss.
C'OIJN'I'Y OF 44rrotar- )
WAT> RGLftN, L.L.C., a Colorado limited
liability company
rev: `��YJ �z
/`
'Ken Crumb, Manager
'I he foregoing was acknowledged before me this gl day ofL��LP_y, 2002. by Ken
Crumb. Manager of Waterglen. L.L.C., a Colorado limited liability company.
Witness my hand official seal.
! � *ublic
Bar13 ra i My Commission expires:
4 C chScndorf
OF
I' IU I'( I Al AR()( I II N AI rR(,I I NANA'I1 RUT Addcnduni, 10.30 RcN i,cd Addendumdoc
5
EXHIBIT
Table 1 Listing of W'aterglen P.U.D. Single Family Home Lots Requiring Floodplain
Use Permit
Lot Number
Base Flood
Elevation (1)
Minimum Lot
Elevation (2)
I Will Not
Require
Floodplain Use
Permit
Requires
Floodplain Use
Permit
1
4951.4
4956.8
2
4957.9
4957.3
83
49579
4957.4
87
4957.6
4957.3
88
4957.7
4957.1
f
89
4957.5
4956.8
90
4957.7
4956.6
91
4957.8
4956.4
92
4957.8
4956.3
93
4957.6
4956.2
94
4957.7
4956.0
95
4957.5
4955.9
96
4957.7
4955.9
97
4957.5
4956.6
98
4957.6
4956.7
J
99
4957.8
4957.9(3)
102
4957.7
4957.8(3)
103
4957.8
4957.9(3)
104
4957.9
4957.9(3)
108
4957.6
4957.4
111
4957.7
4957.7(3)
112
4957.9
4957.3
113
4957.9
4957.3
114
4958.0
4957.6
115
4958.0
5958.0(3)
121
4958.0 1
4957.7
Notes: (1) Base flood elevations correspond to the 100-year developed floodplain elevations
plotted on the site grading plan (November 1998).
(2) Minimum lot elevations derive from the site grading plan (June 1999), unless
otherwise ncted.
(3) Lots to be regraded with fill such that final lot elevations are not exceeded by the base
flood elevation.
x: \914503\Ooodplaio nblc.doc
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