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HomeMy WebLinkAboutMAPLE HILL - Filed DA-DEVELOPMENT AGREEMENT - 2006-07-07MAPLE HILL AMENDMENT AGREEMENT NO.1 41 THIS AMENDMENT AGREEMENT, made and entered into this= day of July, 2006, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, (the "City`% THE NINETEENTH GREEN PARTNERSHIP, L.L.P., a Colorado Limited Liability Partnership (separately `NGP'); GILLESPIE FARM DEVELOPMENT COMPANY, a Colorado Corporation (separately "GFDC'J; and HORSETOOTH DEVELOPMENT, LLC, a Colorado Limited Liability Company (separately "Horsetooth'�. WTTNESSETH: WHEREAS, the City, NGP, and GFDC are parties to that certain Development Agreement dated August 19, 2003 (the "Development AgreemenYD; and WHEREAS, the subject matter of the Development Agreement is the real property which is legally described on Exhibit "A' attached hereto and incorporated herein by reference (the "Property'); and WHEREAS, with the exception of (i) certain "Tracts" which have been sold to the City, and (ii) certain "Lots" which have been sold to home builders or homeowners, the Property is presently owned by NGP, GFDC, and Horsetooth; and WHEREAS, portions of the Property have already been developed, with various public improvements required by the Development Agreement ("Public Improvements') having already been installed; and WHEREAS, the remaining Public Improvements will be completed by GFDC, Horsetooth, and/or their respective successors or assigns (collectively "Developer'; and WHEREAS, the parties desire to amend 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 lI (Special Conditions) Paragraph C.I shall be replaced with the following: 1. The Final Development Plan Documents for this Development call for the phasing of the construction of storm drainage improvements. Developer shall complete these improvements sequentially in accordance with said Final Development Plan Documents starting with Phase 1 and ending with Phase 8. The sequential completion of these improvements shall necessitate that the required overall site drainage certification be (7ro3M) (Wmsro6) a) All on -site and off -site storm drainage improvements associated with Phase 1 of this Development, as shown on the Final Development Plan Documents, shall be completed by Developer in accordance with said Final Development Plan Documents prior to the issuance of more than twenty-two (22) building permits in Phase 1. Phase 1 construction shall include the detention pond construction as well as all structures and appurtenances associated with this pond. Following any overlot grading of the site, all areas disturbed by such grading shall be temporarily seeded and mulched b) All on -site and off -site storm drainage improvements associated with Phase 2 of this Development, as shown on the Final Development Plan Documents, shall be completed by Developer in accordance with said Final Development Plan Documents prior to the issuance of more than nineteen (19) single family building permits in Phase 2 of the Development. c) All on -site and off -site storm drainage improvements associated with Phase 3 of this Development, as shown on the Final Development Plan Documents, shall be completed by Developer in accordance with said Final Development Plan Documents prior to the issuance of more than thirty (30) building permits in Phase 3 of the Development. d) All on -site and off -site storm drainage improvements associated with Phase 4 of this Development, as shown on the Final Development Plan Documents, shall be completed by Developer in accordance with said Final Development Plan Documents prior to the issuance of more than sixteen (16) building permits in Phase 4 of the Development. e) All on -site and off -site storm drainage improvements associated with Phase 5 of this Development, as shown on. the Final Development Plan Documents, shall be completed by Developer in accordance with said Final Development Plan Documents prior to the issuance of more than twenty (20) building permits in Phase 5 of the Development. f) All on -site and off -site storm drainage improvements associated with Phase 6 of this Development; as shown on the Final Development Plan Documents, shall be completed by Developer in accordance with said Final Development Plan Documents prior to the issuance of more than twenty-seven (27) building permits in Phase 6 of the Development. g) No building permits shall be issued in the multi -family site shown on the Final Development Plan Documents as Phase 7 prior to the completion of all drainage improvements associated with this phase of the Development. - 2 - h) No building permits shall be issued in the neighborhood center shown on the Final Development Plan Documents as Phase 8 prior to the completion of all drainage improvements associated with this phase of development. i) In all cases, completion of improvements shall include the certification by a professional engineer licensed in Colorado that the drainage facilities which serve any particular phase of the Development have been constructed in conformance with said Final Development Plan Documents. Said certification shall be submitted to the City at least two (2) weeks prior to the date of issuance of additional building permits in each phase. j) In all areas associated with this Development that are to be landscaped or planted in accordance with the Final Development Plan Documents, and do not require a building permit (including open space, common areas or other tracts which will not be developed as lots - "Open Space Areas"), the soils shall be loosened and amended by Developer in accordance with Section 3.8.21 of the Land Use Code. With respect to individual developed lots for which a building permit will be required, such soil amendment shall be accomplished in accordance with Section 3.8.21 of the Land Use Code. The soil amendment for any Open Space Areas within Phase 1 of the Development shall be completed by Developer prior to the issuance of more than twenty-two (22) building permits in Phase 1 of the Development. Phase 1 soil amendment shall, without limiting the foregoing, also include the amendment of the soils within the detention pond area associated with this Development as shown on the approved Final Development Plan Documents for this Development. The soil amendment of the Open Space Areas that are a part of Phase 2 of the development shall be completed by Developer prior to the issuance of more than nineteen (19) building permits in Phase 2 of this Development. The soil amendment of the Open Space Areas that are a part of Phase 3 of the development shall be completed by Developer prior to the issuance of more than thirty (30) building permits in Phase 3 of this Development. The soil amendment of the Open Space Areas that are a part of Phase 4 of the development shall be completed by Developer prior to the issuance of more than sixteen (16) building permits in Phase 4 of this Development. The soil amendment of the Open Space Areas that are a part of Phase 5 of the development shall be completed by Developer prior to the issuance of more than twenty (20) building permits in Phase 5 of this Development. The soil amendment of the Open Space Areas that are a part of Phase 6 of the development shall be completed by Developer prior to the issuance of more twenty-seven (27) building permits in Phase 6 of this Development. The soil amendment of the Open Space Areas that are a part of Phase 7 of the development shall be completed by Developer prior to the issuance of any certificate of occupancy in Phase 7 of this Development. The soil amendment for any Open Space Areas that are located within Phase 8 of the Development shall be completed prior to issuance of any certificate of occupancy in Phase 8 of the Development. In all cases, completion of soil amendments shall include certification by Developer that the cork has been completed. This certification shall be submitted to the City at least two (2) weeks (7.03106) - 3 - prior to the date of issuance of additional building permits or any certificates of occupancy as required above in any applicable phase of this Development. Notwithstanding the foregoing, Developer may proceed with development of Phase 7 and/or 8 prior to completion of any or all other phases, provided only that all drainage improvements associated with Phases 7 or 8, as applicable, are completed, and building permits may be issued with respect to Phases 7 or 8 prior to completion of the drainage improvements associated with any or all of Phases I thru 6. Furthermore, drainage improvements associated with any or all of Phases 1 through 6 may be completed in a modified sequence, subject to approval by the City, which approval shall not be unreasonably withheld, delayed or conditioned, provided only that Developer shall have completed all on -site and off -site drainage improvements associated with the phase in question prior to the issuance of the number of building permits for that phase as specified above. B. Subheading II (Special Conditions) Paragraph C.3 shall be replaced with the following: 3. DeveIoper agrees to provide and maintain erosion control improvements for each phase of the Development as shown on the Final Development Plan Documents to stabilize all over -lot grading in and adjacent to such phase of the Development. Developer shall also be required to post a security deposit in the amount of $24,188.00 prior to beginning construction of Phase 1 of the Development to guarantee the proper installation and maintenance of the erosion control measures shown on the Final Development Plan Documents. Similarly, Developer shall be required to post a security deposit in the amount of $2,250.00 prior to beginning construction of Phase 2, $4,050.00 for Phase 3, $4,200.00 for Phase 4, $30,300.00 for Phase 5, $31,200.00 for Phase 6, and $5,400.00 for Phase 7 and $1,200.00 for Phase 8. 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). Said deposits may be in the form of cash, bond, certificate of deposit or a bank letter of credit. If, at any time, Developer fails to abide by the erosion control provisions of the Final Development Plan Documents or the erosion control provisions of the Criteria after receiving notice of the same or an emergency situation exists which would reasonably require immediate mitigation measures, then, in either event, and notwithstanding any provisions contained in paragraph kILJ. 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 that the Criteria are property 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 III.D. of this Agreement, as it deems necessary in order to ensure that Developer installs and maintains the erosion control measures throughout the build -out of this Development. (7103106) - 4 - C. Subheading II (Special Conditions) Paragraph D.5 shall be replaced with the following: 5. In lieu of the lump sum payment to the City as described in paragraph 4, above, the City agrees to issue to Developer one hundred (100) building permits on Lots south of Maple Hill Drive within this Development, and prior to the issuance'of eacb building permit Developer agrees to pay the City $2251.41 per each building pennit. D. Subheading U (Special Conditions) Paragraph D.6 shall be replaced with the following: 6. Developer is obligated to construct the local street portion of the County Road 11 improvements adjacent to this Development from Richards Lake Road/County Road 52 to the southernmost boundary of this Development as specified on the Final Development Plan Documents. hi addition, Developer agrees to pay its proportionate share (based on equitable participation of other projects benefiting from the County Road 11 improvements, but not to exceed 1/3) of the cost of the "driveway consolidation improvements" for the existing residences on the west side of County Road 11 from Richards Lake Road to Country Club Road. In determining Developer's obligation for such costs, Developer shall also be provided a credit equal to the land costs and design costs attributable to the County Road 11 improvements incurred by Developer. However, the construction of such improvements at the time of the initial phases of this development is not desirable or necessary. Therefore, Developer agrees to provide to the City for its approval, an estimate of costs for such roadway improvements, which estimate shall be prepared by an engineer licensed in Colorado. Upon approval by the City of said estimate, Developer shall deposit with the City to be held in escrow for said construction purposed said estimated amount plus fifty percent (50%) additional, to cover the cost of inflation and administration. Said deposit may be in the form of cash bond, certificate of deposit or bank letter of credit and shall be delivered to the City prior to the issuance of no more than one hundred thirty-two (132) building permits on lots south of Maple Hill Drive and prior to the issuance of any building permits in Phase 5, provided further that such security may be substituted with different security acceptable to the City, whereupon the original security shall be released to Developer. At any time Developer may provide a nonrefundable, nonsubstitutable cash payment to the City in satisfaction of Developer's obligation for such work. Such cash payment shall be in the amount of said estimate, plus such additional amount as is necessary to bring the estimate current, accounting for actual inflation costs. Upon receipt by the City of such cash payment, any security then held by the City shall be released to Developer, and Developer's obligation for this security shall be considered satisfied- E. Subheading II (Special Conditions) Paragraph D.9 shall be replaced with the following: 9. The interim road improvement to Mountain Vista Drive/County Road 9 and County Road it is not a structural overlay and is not capable of supporting the construction traffic for the build out of this Development. Therefore, the construction of Phases 1, 2, and 6, Developer may use Mountain Vista Drive/County Road 9 and County Road 11 as a haul route for construction equipment and materials. For Phases 3, 4, 5, and 7, (7/031K - 5 - Developer is required to use Mountain Vista Drive, County Road 9 and County Road 52 as the haul route for construction equipment and materials. F. Subheading II (Special Conditions) Paragraph E.1 shall be replaced with the following: 1. Prior to the issuance of any building permit in Phase 4, Developer shall pay the City Parks and Recreation Department $6,454.00 in cash for the Development's portion of the trail connection to the underpass under County Road 52. Upon making such cash payment, Developer's obligation for these improvements shall be considered satisfied. G. 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 executed this Agreement the day and year first above written. THE CITY OF FORT COLLINS, a Municipal Corporation 1 City Clerk APPROVED AS TO CONTENT: hector of ElgEeering • •FORM: .1�, r (7N3l06) - 6 - Thomas Vice I NGP: THE NINETEENTH GREEN PARTNERSHIP, L.L.P. a CoI rado Limited Liability Partnership By; a a � � Parmer A. Gillespie, A, = Managing Partner GILLESPIE FARM DEVELOPMENT a HORSETOOTH: HORSETOOTH DEVELOPMENT, LLC, a Colorado Limited Liability Company By: Estate Development Corporation a Colorado Corporation, its Manager ByMiles R: Grant, President i c7rovoa7 - 7 - EYMIT "A" ATTACHED TO AND MADE A PART OF THE MAPLE HILL AMENDMENT AGREEMENT NO. 1 BETWEEN THE CITY OF FORT COLLINS, COLORADO (THE "CITY', THE NINETEENTH GREEN PARTNERSHIP, L.L.P. ("NGP"}, GILLESPIE FARM DEVELOPMENT COMPANY ("GFDC'% AND HORSETOOTH DEVELOPMENT, LLC ("HORSETOOTH'� LEGAL DESCRIPTION OF THE PROPERTY A tract of land known as MAPLE HULL, being a Replat of the 19th Green Planned Unit Development — Phase 1, located in the Northwest Quarter of Section 32, Township 8 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado. (7ro3ro6) - 8 -