HomeMy WebLinkAboutMULBERRY AND LEMAY CROSSINGS FILING NO. 2 - Filed DA-DEVELOPMENT AGREEMENT - 2002-05-07MULBERRY AND LEMAY CROSSINGS FILING NO. 2
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this -IT-( day of
Ob 2001 by and between the CITY OF FORT COLLINS, COLOR -ADO, a
munipal corporation, ("City"). and Ft. Collins Partners 1. LLC a Colorado limited
liability company, hereinafter referred to as the 'Developer", is an amendment to that
certain Development Agreement dated October 16, 2001 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 II (Special Conditions) Paragraph CA shall be replaced with the
following_
1. The Developer shall complete all drainage improvements associated with Phase
1 of this Development in accordance the approved Final Development Plan Documents
prior to the issuance of a certificate of occupancy for any building in Phase 1 of this
Development. The Developer shall complete all drainage improvements associated with
Phase 2 of this Development, in accordance with the Final Development Plan Documents
prior to the issuance of a certificate of occupancy for any building in Phase 2 of this
Development. Completion of improvements shall mean the construction of said
improvements and the certification by a professional engineer licensed in Colorado that
the constructed drainage facilities serving this Development have been constructed in
conformance with the Final Development Plan Documents. Said certification shall be
submitted to the City at least two weeks prior to the date of issuance of a certificate of
occupancy in this Development. As part of Phase 1 certification the Developer shall
provide a new certification for the existing detention pond at the southeast corner of this
Development that is being modified with this Development.
B. 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.
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THE CITY OF FORT COLUNTS,
COLORADO,
a Municipal Corporation
By: �- qA.,—g
City Mari6ger
ATTES"
CITY CLERK
APPROVED AS TO CONTENT:
Director of Ciginicrin�
7APPROV AS TO FORM:
Z97ej_
Deputy City Attorney
DEVELOPER:
Ft. Collins Partners I, LLC, a Colorado limited
liability company
By Goldberg Property Associates, Inc, a Colorado
Corporation, its sole member
Mark A. Goldberg; Vice President
ATTEST
By:
Sc' etary
AMENDMENT AGREEMENT NO.2 TO DEVELOPMENT AGREEMENT
(MULBERRY AND LEMAY CROSSINGS FILING NO. 2)
THIS AMENDMENT AGREEMENT NO. 2 TO DEVELOPMENT AGREEMENT (this
"Amendment Agreement No. 2"), made and entered into this day ofp" 2004, by and
among the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred
to as the "City"; and HOME DEPOT U.S.A., INC., a Delaware Corporation, hereinafter referred to
as "Home Depot" and FT. COLLINS PARTNERS I, LLC, a Colorado limited liability company,
hereinafter referred to as "Partners" (Partners, together with Home Depot are collectively referred to
as the "Developer").
WITNESSETH;
WHEREAS, the City entered into a Development Agreement with Partners on October
16, 2001 and entered into Amendment Agreement No. 1 on May 7, 2002 (collectively hereafter
referred to as the "Development Agreement"), the terms of which govern the development
activities of the Developer pertaining to that certain real property situated in the County of
Larimer, State of Colorado, (hereafter referred to as the "Property") and legally described as
follows, to wit:
Mulberry and Lemay Crossings Filing No. 2, being a Replat of Lots 2, 4, 5 and Tract
A of Mulberry and Lemay Crossings Filing No. 1, located in the Southwest 'A of
Section 7, Township 7 North, Range 68 West of the 6`s P.M., City of Fort Collins,
County of Latimer, State of Colorado.
[This legal description corrects an error in the legal description contained in the original
Development Agreement.]
WHEREAS, Home Depot plans to acquire or has acquired from the Partners, all rights of
ownership in the portion of the property legally described on Exhibit "A" hereto and depicted on
the Site Plan attached as Exhibit "B" (the "Home Depot Property");
WHEREAS, Home Depot, as the fee owner of the Home Depot Property desires to
assume each and every obligation of Partners under the Development Agreement, but only with
respect to those obligations that are to be performed wholly in, on and within the Home Depot
Parcel or with respect to the City's approval of the Home Depot Final Development Plans;
WHEREAS, the City has been asked to approve of certain development plans entitled
Mulberry and Lemay Crossing PUD, Filing No. 2 The Home Depot (the "Home Depot Final
Development Plans' for the improvement of the Home Depot Property (the "Home Depot
Development"); and
1
10"66.017711110112.8
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. Home Depot, as the fee owner of the Home Depot Property hereby assumes each and every
obligation of Partners under the Development Agreement, but only with respect to those obligations
that are to be performed wholly in, on and within the Home Depot Parcel or with respect to the
City's approval of the Home Depot Final Development Plans and the City hereby acknowledges the
foregoing and agrees to hereafter look solely to Home Depot with respect to all such obligations
applicable to the Home Depot Parcel.
B. Subheading II (Special Conditions) Paragraph C.3 shall be replaced with the following:
3. Home Depot agrees to provide and maintain erosion control improvements as shown
on the Home Depot Final Development Plans to stabilize all over -lot grading in and adjacent
to the Home Depot Development. Home Depot shall also be required to post a security
deposit in the amount of $20,953.00 prior to beginning construction to guarantee the proper
installation and maintenance of the erosion control measures shown on the Home Depot
Final Development Plans. Said security deposit(s) shall be made in accordance with the
criteria set forth in the City's Storm Drainage Design Criteria and Construction Standards
(Criteria). If, at any time, Home Depot fails to abide by the provisions of the Home Depot
Final Development Plans or the Criteria, notwithstanding any provisions contained in
paragraph III(J) to the contrary, the City may enter upon the Property for the purpose of
making such improvements and undertaking such activities as may be necessary to ensure
that the provisions of said plans and the Criteria we properly enforced. The City may apply
such portion of the security deposit(s) as may be necessary to pay all costs incurred by the
City in undertaking the administration, construction, and/or installation of the erosion control
measures required by said plans and the Criteria. In addition, the City shall have the option
to withhold building permits and certificates of occupancy, as stated in Paragraph IIl.D of
this Agreement, as it deems necessary in order to ensure that Home Depot installs and
maintains the erosion control measures throughout the build -out of the Home Depot
Development.
C. Subheading II (Special Conditions) Paragraph J.1 shall be added as follows:
Soil Amendment:
1. In all areas associated with the Home Depot Development that are to be
landscaped or planted in accordance with the Home Depot Final Development Plans,
and do not require a building permit, the soils shall be loosened and amended by
106666.01 r/ 1110112.8
Home Depot in accordance with Section 3.8.21 of the Land Use Code prior to the
issuance of a certificate of occupancy in the Home Depot Development. Completion
of soil amendments shall include certification by Home Depot that the work has been
completed. This certification shall be submitted to the City at least two (2) weeks
prior to the date of issuance of a certificate of occupancy in the Home Depot
Development.
D. Section III (Miscellaneous) Subsection N shall be amended to replace the address for "If to
the Developer" with the following addresses to read as follows:
If to Home Depot: Home Depot U.S.A., Inc
3800 West Chapman Avenue
Orange, California 92868
Attention: Real Estate and Legal Department
If to Partners: Ft. Collins Partners I, LLC
3300 Enterprise Parkway
Beachwood, Ohio 44122
Attn: Executive Vice President
With a copy to: Ft. Collins Partners I, LLC
3300 Enterprise Parkway
Beachwood, Ohio 44122
Attn: General Counsel
E. All other terms and conditions ofthe Development Agreement shall remain unchanged and in
full force and effect, except as expressly amended in this Amendment Agreement No. 2.
(signatures follow immediately)
106666.0177/1110112.8
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
yea first above written.
ATTEST
^/\lI_
City Clerk
APPROVED AS TO CONTENT
j-4-,_j*mrtmrofEngineerLV /
APPROV�EAS TO FORM
Dl�puty City Attorney
106666.017711110112.9
THE CITY OF FORT COLLINS, r
COLORADO, a municipal corporation
By
Name i)2(x Im &TTallvf4AY y
Title City Manager
FT. COLLINS PARTNERS I, LLC, a
Colorado limited liability company
By: JDN INTERMOUNTAIN
HOLDINGS, INC., its sole member
By —
Name
Title
HOME DEPOT U.S.A., INC., a Delaware
corporation
%� I C►i
Name-
O6/24/04 15:57 FAX 216 755 1678 DEVELOPERS DIVERSIFIED
a 006
IN WITNESS WHEREOF, the parties hereto have executed this :Lgeement the day and
year first above written. -
ATTEST THE CITY OF FORT C6 ILLINS,
COLORADO, amunicips corporation
City Clerk By _
Name
APPROVED AS TO CONTENT Title ciVManager
Director of Engineering
APPROVED AS TO FORM
Deputy City Attorney
FP. COLLINS PARTNEI S 1, LLC, a
Colorado limited liability:( mpany
By: JDN INTERMO iINTAIN
HOLDINGS, INC ,d1 i sole member
q
By ,Z ,
N c Timer_' e�
Title ZeA/IJ.� Etld UAr
HOME DEPOT U.S.A., :Ir C., a Delaware
corporation
By: _
Name:
106666.0177/11101121 - 4
EXFIIBTT A
Page 1 of 2
HOME DEPOT PARCEL
A PARCEL OF LAND SITUATE IN THE SW 1/4 OF SECTION 7, T.7N., R.68W.,
OF THE 6TH P.M., LARIMER COUNTY, COLORADO BEING PARTS OF LOT 2
AND LOT 6, MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AS
RECORDED NOVEMBER 28, 2001 AS RECEPTION NO. 2001107558,
LARIMER COUNTY, COLORADO RECORDS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT COMMON TO SAID LOT 6, SAID LOT 2 AND THE
EASTERLY RIGHT-OF-WAY LINE OF SOUTH LEMAY AVENUE AS DEPICTED
ON SAID MULBERRY AND LEMAY CROSSINGS FILING NO. 2; THENCE
ALONG THE LINE COMMON TO SAID LOT 6 AND SAID EASTERLY RIGHT-
OF-WAY LINE THE FOLLOWING FOUR (4) COURSES: (1) N05"18'37"W A
DISTANCE OF 12.95 FEET; (2) N01"56'06"E A DISTANCE OF 191.06 FEET;
(3) N05"44'57"E A DISTANCE OF 67.68 FEET; AND (4) N01"56'06"E A
DISTANCE OF 17.42 FEET TO A POINT ON THE SOUTH LINE OF THAT
PARCEL DESCRIBED IN DEED RECORDED AS RECEPTION NO.
20030028730; THENCE S88°03'54"E, ALONG SAID SOUTH LINE, A
DISTANCE OF 177.26 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL, SAID CORNER LYING ON THE LINE COMMON TO SAID LOTS 2
AND 6; THENCE N01 °56'06"E, ALONG SAID COMMON LINE, A DISTANCE
OF 266.65 FEET TO THE CORNER COMMON TO SAID LOTS 2 AND 6 AND
THE SOUTH RIGHT-OF-WAY LINE OF EAST MAGNOLIA STREET; THENCE
S88"03'54"E, ALONG THE LINE COMMON TO SAID LOT 2 AND SAID EAST
MAGNOLIA STREET, A DISTANCE OF 593.98 FEET TO A POINT OF
CURVATURE ON THE RADIUS RETURN ON SAID SOUTH RIGHT-OF-WAY
LINE. OF SAID EAST MAGNOLIA STREET AND THE WEST RIGHT-OF-WAY
LINE. OF 12TH STREET; THENCE ALONG SAID RADIUS RETURN, ALONG
THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S43°49'57"E
A DISTANCE OF 41.85 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
88"27'54", A RADIUS OF 30.00 FEET AND AN ARC LENGTH OF 46.32 FEET
TO A POINT OF TANGENT ON THE LINE COMMON TO SAID LOT 2 AND
SAID 12TH STREET; THENCE ALONG SAID COMMON LINE THE
FOLLOWING FOUR (4) COURSES: (1) S00"24'00"W, ALONG SAID
TANGENT, A DISTANCE OF 309.24 FEET TO A POINT OF CURVATURE; (2)
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS
S22"04'12"W A DISTANCE OF 151.40 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 43"20'25", A RADIUS OF 205.00 FEET AND AN ARC
LENGTH OF 155.07 FEET TO A POINT OF TANGENT; (3) S43°44'25"W A
DISTANCE OF 95.57 FEET TO A POINT OF CURVATURE; AND (4) ALONG
THE. ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S25"23'03"W
A DISTANCE OF 173.21 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
36°42'44", A RADIUS OF 275.00 FEET AND AN ARC LENGTH OF 176.21
FEET TO A POINT OF NON -TANGENT; THENCE N88"03'54"W A DISTANCE
EXHIBIT A
Page 2 of 2
OF 37.97 FEET; THENCE N01"56'06"E A DISTANCE OF 18.04 FEET;
THENCE N88"03'54"W A DISTANCE OF 32.96 FEET; THENCE N01"56'06"E A
DISTANCE OF 120.50 FEET; THENCE N88"03'54"W A DISTANCE OF 182.74
FEET; THENCE N73'03'54"W A DISTANCE OF 64.04 FEET; THENCE
N88"03'54"W A DISTANCE OF 131.98 FEET TO THE SOUTHEAST CORNER
OF SAID LOT 6; THENCE N88°03'54"W, ALONG THE SOUTH LINE OF SAID
LOT 6, SAID LINE BEING COMMON TO SAID LOT 2, A DISTANCE OF 180.13
FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 410,650 SQUARE FEET
(9.4272 ACRES) MORE OR LESS.
THE BEARINGS USED IN THE ABOVE LEGAL DESCRIPTION ARE BASED UPON THE ASSUMPTION
THAT THE EAST LINE OF SAID LOT 6 BEARS NOI-56'06"E AS REFERENCED ON SAID RECORDED
PLAT OF MULBERRY AND LEMAY CROSSINGS FILING NO. 2 AND BOUNDED ON BOTH ENDS BY A
NAIL.AND BRASS TAG LS 24670.
DATE PREPARED: MAY 19, 20D4
DATE OF LAST REVISION: JUNE 22, 2004
PREPARED BY: BRETT L MILLER, PLS NO. 27609
FOR AND ON BEHALF OF
ENGINEERING SERVICE COMPANY
1300 SOUTH POTOMAC STREET, SUITE 126
AURORA, COLORADO 60012
PHONE: 303-337-1393