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Home My WebLink AboutREGISTRY RIDGE FIFTH FILING - Filed DA-DEVELOPMENT AGREEMENT - 2011-05-25RECEPTIONM 20110028778, 05/16/2011 at 11:04:20 AM, 1 OF 7, R $41.00 TD Pgs: 0 Scott Doyle, Larimer County, CO REGISTRY RIDGE FIFTH FILING AMENDMENT AGREEMENT NO. 1 �-`4 �1 THIS AMENDMENT AGREEMENT, made and entered into this � day of -\ L , 2011, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corpora ion, hereinafter referred to as the "City"; and Registry Ridge Filing 5, LLC, a Colorado limited liability company, hereinafter referred to as the "Developer." WITNES SETH; WHEREAS, the City entered into a Development Agreement with Lennar Colorado (as "Developer") on August 20, 2007, 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: Registry Ridge Fifth Filing, located in Section 15, Township 6 north, Range 69 West of the 6t' P.M.,City Of Fort Collins, County of Larimer, State of Colorado; and WHEREAS, Lennar Colorado has subsequently transferred ownership of the property to the Developer named herein; and WHEREAS, the parties presently desire to modify the Development Agreement by this Amendment Agreement No. 1. 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 B "Not Applicable" shall be replaced as follows: I . If the Developer has received a Development Construction Permit (DCP) prior to or concurrently with the development of the park on Tract A by the City the Developer shall be responsible for the installation of Sanitary Sewer Line A which crosses Tract A. If the park site development occurs prior to the Developer having installed the public infrastructure improvements for the site, Sanitary Sewer Line A shall be installed by the City of which the limits of this installation are shown on Exhibit "C". 2. Since Sanitary Sewer Line A serves both the park site (Tract A) and the Development, the City and the Developer agree that the cost of the installation of this line shall be shared as equivalent to 1 (one) housing unit for the neighborhood park restroom. Including the neighborhood park restroom there are 28 services, and, accordingly, the City's responsibility shall be 1/28 and the Developer's responsibility shall be 27/28. 1 city Clerk's Office; Port Coiiins, Coiorade a. If the City is the party that constructs said sewer line, then upon completion and acceptance of the sewer line, the City shall bill the Developer for its portion of the sewer line costs which proportional share is identified above. In accordance with current bid documents the agreed upon amount as being the Developer's share is $ 40,311.86. Notwithstanding the forgoing, if a change order for the sewer work is issued then this amount shall be adjusted up or down based on the cost of the change order and the agreed upon proportional share identified above. The City shall send an invoice to the Developer upon the completion and acceptance of the sewer line construction. b. If the Developer is the party that constructs said sewer line, then upon completion and acceptance of the sewer line, the Developer shall submit copies of paid receipts showing the cost of the installation to the Park Planning and Development Department for reimbursement of the City's portion of the costs as identified above. B. Subheading II (Special Conditions) Paragraph C.8 shall be replaced as follows: 8. The Developer shall be responsible for maintenance of all storm drainage facilities that are constructed outside of the public right-of-way except for the storm lines located in Tracts A and B, which storm lines shall be owned and maintained by the City. The Developer shall maintain the storm lines within Tract C and shall maintain the swales and landscaping within Tracts B and C. C. Subheading II (Special Conditions) Paragraph C.9 shall be added as follows: 9. If the park site development occurs prior to the Developer having installed of the public infrastructure improvements for the site, the City shall install Storm Line B and the portion of Storm Line A as shown on Exhibit "D". These storm lines need to be installed in order to install the sidewalk connection from Nimitz Drive to the park. Since the storm lines are needed to accommodate the Development's drainage, the Developer agrees to reimburse the City for the cost to install said storm lines. Therefore upon completion and acceptance of the storm lines, the City shall bill the Developer for the costs to install the storm lines. In accordance with current bid documents the agreed upon amount as being the Developer's share is $ 3,737.00. Notwithstanding the forgoing, if a change order for the storm line work is issued then this amount shall be adjusted up or down based on the cost of the change order. Upon completion and acceptance of the storm line construction the City shall send an invoice to the Developer. D. Subheading II (Special Conditions) Paragraph DA shall be added as follows: 4. If the park site on Tract A is constructed prior to the Developer proceeding forward with the construction of the public infrastructure in the Development, then the Developer agrees that the City shall not be required to construct the frontage of Leary Drive adjacent to Tract A and that the Developer shall construct this portion of the street at such time as it proceeds with its development. Upon completion of the curb and gutter and acceptance by the City, the Parks Department shall be responsible for the final landscaping and irrigation of the parkway adjacent to the park property. If Leary Drive is completed at such time that it will be the next growing season when the Parks Department can install landscaping in this area, then the Developer shall provide the proper erosion control measures. Upon completion and acceptance of the roadway by the City, it shall reimburse the Developer for the "park portion" of the roadway construction adjacent to Tract A as shown on Exhibit "E", upon receipt by the City of copies of paid invoices for the roadway construction. These invoices shall be submitted to the Park Planning and Development Department. B. Section III (Miscellaneous) Subsection N shall be amended by replacing the addresses under "If to the Developer" with the following addresses to read: If to the Developer: Registry Ridge Filing 5, LLC Attn: Paul Zakovich, Manager 5460 South Quebec Englewood, CO 80111 And: Fred Cooke 11854 Bradburn Blvd Westminster, CO 80031 C. All other terms and conditions of the Development 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 CPS LINS, COLOR -ADO, a Municipal Corporatioq 1, MIN city TTEST: S it (" A 1 .. ° n CITY CLERK APPROVED AS TO CONTENT: City Engineer ' APPROVED S TO FORM: ,1�11,45,7 k_.., L- Deputy%---- t At o ey DEVELOPER: Registry Ridge companft By: i& Paul Zako STATE OF COLORADO ) ss. COUNTY OF E-�r1 ) 5, LLC, a Colorado limited liability Manager The foregoing instrument was acknowledged before me this j" day of_, 2011, by Paul Zakovich as Manager of Registry Ridge Filing 5, LLC. Gtit Notary Pkibilic My Commission Expires: 4 _% A. C C �NoTI1Rr i -•' kac m oa , =0-oIQ No Text m m 4 x ozx� >� -- -� 4 z ;u NIMITZ DRIVE za 03m s s1 m > 7 x xG)Fm mmz m G� mm>� zm� -iz- 0�m mm -�z� � Z P,