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Home My WebLink AboutOLD TOWN NORTH AMENDED AGREEMENT NO. 1 - Filed DA-DEVELOPMENT AGREEMENT - 2012-01-06RECEPTION#: 20110080040, 12/21/2011 at ' 11:02:38 AM, 1 OF 11, R $61.00 TD Pgs: 0 Scott Doyle, Larimer County, CO OLD TOWN NORTH AMENDMENT AGREEMENT NO. 1 6 THIS AMENDMENT AGREEMENT, made and entered into this day of 200L; by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and Old Town North LLC, a Colorado limited liability company, Lot Holding Investment, LLC, a Colorado limited liability company, Mike Pettigrew and Dale Pettigrew, Palladian Homes, Inc, a Colorado Corporation, Crystal Equities Corporation, a Colorado Corporation, Modern Realty, LLC, a Colorado limited liability company, and Larkspur Homes LLC, a Colorado limited liability company, successors in interest to Old Town North LLC., hereinafter referred to collectively as the "Developer." WITNESSETH; WHEREAS, the City entered into a Development Agreement with Old Town North LLC (as "Developer") on June 10, 2004, 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: Old Town North, located in South Half of the Southwest Quarter of Section 1, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado. 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 C.7 shall be replaced with the following: 7. Not Used. d 0 B. Subheading II (Special Conditions) Paragraph E.S. shall be added as follows: I S. Any discharge from foundation drains or sump pumps installed within the z development shall comply with the requirements of Section 26-214 the City Code which prohibits x discharge across the sidewalk or into or upon any street, alley or gutter. Flows shall only be Jdischarged into a stormwater system (such as pipes or ponds) that is specifically designed and approved by the City to accept such discharge. This is per Sections 26-214, 26-336(a) and 26-491 of the City Code which sections read as follows: "Section 26-214. Unsanitary disposal of wastes prohibited. (a) It is unlawful to discharge into or upon any public highway, watercourse or natural outlet, drain, cesspool, storm or private sewer or / private property within the city or in an area under the jurisdiction of the city, any sanitary sewage, Cal��ws G1,Li\V1e-p-rl Y-,-,7 'i • O . fox S�SO >-7 s , �o ) 0s2-2 By: Dale Pettigrew Palladian Homes, Inc, a Colorado Corporation By: ATTEST: Monica Sweere, President By: Kathrine Gray, Secretary Corporate Seal Crystal Equities Corporation, a Colorado Corporation By: Cleve A. Schench, President Modem Realty, LLC, a Colorado limited liability company By: �4 %�4ANA Aaryq,anager Larkspur Homes LLC, a Colorado limited liability company By: Michael Bellow, Manager 5 By: Dale Pettigrew Palladian Homes, Inc, a Colorado Corporation By: ATTEST: Monica Sweere, President By. Kathrine Gray, Secretary Corporate Seal Crystal Equities Corporation, a Colorado Corporation By: Cleve A. Schench, President Modern Realty, LLC, a Colorado limited liability company By: Gary Krantz, Manager Larkspur Homes LLC, a Colorado limited liability company 14 By: Michael Bello, Manag r W industrial wastes or other polluted waters except where suitable treatment has been provided in accordance with subsequent provisions of this Article and other local, state and federal laws. (b) Except as authorized pursuant to § 26-336(a) of the Code, stormwater and all other unpolluted drainage water shall only be discharged to such stormwater facilities as are specifically authorized for such discharge by the General Manager; provided, however, that in no event shall nonstormwater runoff as defined in § 26491 or water from natural springs be permitted to be discharged into or upon any street, sidewalk or gutter. Stormwater facilities shall be constructed and managed as provided in Article VII of this Chapter. (c) No person shall use any water well within the city as a cesspool or as a place to deposit wastewater or wastes of any kind." "Section 26-336. Excessive discharge prohibited. (a) It is unlawful for any person to discharge or cause to be discharged any stormwater, surface water, water from natural springs and groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process water or like waters into any sanitary sewer, except as authorized in writing by the General Manager. Any person seeking authorization for such discharge shall make application to the city in accordance with Division 2 of this Article and shall pay all fees and charges as established pursuant to Division 4 of this Article. As a part of any application for such discharge, the applicant must also provide the General Manager with a good and reliable estimate, made by a registered engineer authorized by profession to make such estimate of the quantity of water to be discharged, showing the peak day amount of discharge in number of gallons per day. Upon a finding by the General Manager that: (1) The applicant cannot reasonably discharge such water onto the applicant's own property for irrigation, piscatorial or other purposes; (2) There exists no authorized stormwater facility within four hundred (400) feet of the property line of the property upon which the discharge is generated or, if such facility does exist within such distance, the requirement to connect to such facility would result in peculiar and exceptional practical difficulties to or undue hardship upon the applicant by reason of the existence of an extraordinary physical barrier or obstruction lying between such property and such facility; (3) Adequate capacity to accept the discharge exists within the affected sanitary sewer line; (4) The discharge of such water into the sanitary sewer will not hinder or threaten to hinder the city's ability to comply with its NPDES permit requirements for the removal of BOD and TSS; (5) Such water is not contaminated with petroleum or other substances which could threaten or endanger the safe and efficient operation and maintenance of the city's wastewater collection and treatment system; and (6) Any improvements situated upon the property generating the discharge have not been constructed with careless or willful disregard for the need to protect such improvements from groundwater without utilizing the provisions of this Section; then the General Manager may authorize such discharge upon the condition that the applicant first pay all additional plant investment fees required by this Article applicable to such excessive discharge and pay in a timely manner any additional monthly utility charges applicable to such excessive discharge. In the event that an authorized stormwater facility should, at some later time, become available for acceptance of the aforesaid discharge, the General Manager shall have the right to terminate any authorization for discharge which has been given pursuant to this subparagraph. If such authorization is so terminated, no further discharge into the sanitary sewer shall be permitted, and the General Manager shall refund to the then -current owner of the property from which the discharge is generated all plant investment fees -paid pursuant to this subparagraph. Nonstonnwater runoff is defined as "Non-stormwater runoff shall mean flow arising from man - induced activities including, but not limited to, industrial processes, domestic irrigation, 2 subdrains, groundwater wells and municipal water supply systems." per Section 26491 of the City Code. C. Section III (Miscellaneous) Subsection N shall be amended by adding the address for "If to the Developer" with the following address to read as follows: And: Lot Holding Investment, LLC Attn: Stephen R. Hanson, Manager 1760 Broad Street, Unit E Milliken, CO 80543 And: Mike Pettigrew and Dale Pettigrew 168 Emerald Mountain Court Livermore, CO 80536 And: Palladian Homes, Inc, Attn: Monica Sweere, President P. 0. Box 270053 Fort Collins, CO 80527 And: Crystal Equities Corporation, Attn: Cleve A. Schench, President 6333 So. Annapurna Drive Evergreen, CO 80439 And: Modem Realty, LLC Attn: Gary Krantz, -Manager 7240 Coyote Trail Longmont, CO 80503 And: Larkspur Homes LLC 2309 Sunstone Dr Fort Collins, Co 80525 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 executed this agreement the day and year first above written. " 3 TTEST: CLERK APPROVED AS TO CONTENT; ire for of Engineering THE CITY OF FORT COLLINS, COLORADO, a Munici al Corpo 'on By. • Managerr L (/ DEVELOPER: Old Town North, company G Sweere, Lot Holding Investment, LLC, a Colorado limited liability company By: By: Stephen R. Hanson, President Mike Pettigrew 4 ATTEST: CITY CLERK APPROVED AS TO CONTENT: Director of. Engineering APPROVED AS TO FORM: Deputy City Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation City Manager DEVELOPER: Old Town North, LLC, a Colorado limited liability company 0 Monica Sweere, Manager/Member Lot Holding Investment, LLC, a Colorado limited liability company By: Stephen R. HAVon, President am Mike Pettigrew 4 ATTEST: CITY CLERK APPROVED AS TO CONTENT: Director of Engineering APPROVED AS TO FORM: Deputy City Attorney a Municipal Corporation By: City Manager DEVELOPER: Old Town North, LLC, a Colorado limited liability company By: Monica Sweere, Manager/Member Lot Holding Investment, LLC, a Colorado limited liability company UN Stephen R. Hanson, President By: !.l IV- l e. Mike Pettigrew 4 By. %, r Dale Pettigrew Palladian Homes, Inc, a Colorado Corporation By: ATTEST: Monica Sweere, President By: Kathrine Gray, Secretary Corporate Seal Crystal Equities Corporation, a Colorado Corporation By: Cleve A. Schench, President Modern Realty, LLC, a Colorado limited liability company By: Gary Krantz, Manager Larkspur Homes LLC, a Colorado limited liability company By: Michael Bellow, Manager 5 ATTEST: � � r Corporate Seal By: Dale Pettimw Crystal Equities Corporation, a Colorado Corporation Cleve A. Schench, President Modem Realty, LLC, a Colorado limited liability company 0 Gary Krantz, Manager Larkspur Homes LLC, a Colorado limited liability company By: Michael Bellow, Manager W By: Dale Pettigrew Palladian Homes, Inc, a Colorado Corporation By: ATTEST: Monica Sweere, President Kathrine Gray, Secretary Crystal Equities Corporation, a Colorado Corporation By: &41.-Q — PQ�S ►?Ew5'' Cleve A. SchencK President v�6- Modem Realty, LLC, a Colorado limited liability company By: Gary Krantz, Manager Larkspur Homes LLC, a Colorado limited liability company By: Michael Bellow, Manager W