HomeMy WebLinkAboutMAPLE HILL AMENDED AGREEMENT #1 - Filed DA-DEVELOPMENT AGREEMENT - 2012-01-06RECEPTION#: 20110080043, 12/21/2011 at
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Scott Doyle, Larimer County, CO
MAPLE Emy
AMENDMENT AGREEMENT NO. i
THIS AMENDMENT AGR LENT, made and entered into this 41 day uly
2006, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,,of f
(the "City'l; THE NINETEENTH GREEN PARTNERSHIP, L.L.P., a Colorado Limited
Liability Partnership (separately'WGP"); ()M' ESPM FARM D13VELOPMFiNT COMPANY, a
Colorado Corporation (separately "GFDC); and HORSETOOTH DEVELOPMENT, LLC, a
Colorado Limited Liability Company (separately "Horeetooth').
WTTNESSETH:
WHEREAS, the City, NGP, and GFDC arc parties to that certain Development
Agreement dated August 19, 2003 (the `Development Agrem=t'�; and
WHEREAS, the subjcct mattes 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 (h) certain 'Iota" which have been sold to home builders or homeowners, the Property is
presently owned by NGP, GFDC, and Horsetooth; and
WHMUMS, portions of the Property have already been developed, with various public
improvements required by the Development Agreement C'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 (colleatively'Develope"); and
o.
WHEREAS, the parties desire to amend the Development Agreement
F NOW, THEREFORE, in consideration of the promises of the parties hereto and other
= good and vahiable consideration, the receipt and adequacy of which are hereby acknowledged,
a the parties hereto agree to amend the terms and conditions ofthe Development Agreement as
x follows:
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lu A. Subheading 11(Special Conditions) Paragraph C.1 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 B. The sequential completion of these
improvements shall necessitate that the required overall site drainage certification be
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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. Fallowing 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.
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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 an drainage
improvements associated with this phase of development.
i) In all cases, completion of improvements shall include the certification by a
professional. engineer licensod in Colorado that the drainage facilities which serve any
particular phase of the DeveIopment 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 accardance with Section 3.8.21 of the Land Use
Code. The soil amendment for any Open Space Areas within phase 1 of the
Development aball 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 iinclude the amendment of the
soils within the detention pond area associated with this Development as shown on
the approved Final Development Plan Documents fur 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 an 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 ofthe 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
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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 11(Special Conditions) Paragraph C.3 shalI be replaced with the following:
3. Developer 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 Stoim 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 sty provisions contained in paragraph IMS. to the
contrary, the City may enter upon the Property for the purpose ' of making such
improvements and undertaking Ouch 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 M.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.
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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 (140) building permits on Lots south of
Maple Hill Drive within this Development, and prior to the issuance'of each building
permit Developer agrees to pay the City S2251.41 per each building pennit.
D. Subheading II (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. In 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 I I 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 11 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 mute for construction equipment and materials. For Phases 3, 4, 5, and 7,
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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 pit 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 uadmpass under County Road 52. Upon making sucb cash
payment, Developer's obligation for these improvements shall be considered satisfied.
G. All other terms and conditions of the Development Agreement shall remain unchangod
and in full fomo and effect, except as expressly amended in this Amendment Agreement No. 1.
IN WITNESS WHMOF, the parties hereto have executed this Agreement the day and
year first above written.
THE CITY OF FORT COLLINS,
a Municipal Corporation I
BY s'
City Ma&ager
��•pORTc.,
City Cl k T
. L .
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APPROVED AS TO CONTENT:
,eiric, or of Eilgacering
AP RO AS 0 FORM:
Deputy i ttomay
Thomas N.
Vice Pros
(7/=d)
NGP:
THE NDMTEENTH GREEN PARTNERSH',
L.L.P. a Colorado Limited Liability partnership
Y' B . �-•---
Palmer A. Gillespie,
Managing Partner
GFDC:
O LLESPIE FARM DEVELOPMENT
HORSETOOTH:
HORSET001H DEVELOPMENT, LLC,
a Colorado Limited Liability Company
Br Estate Development Corporation
a Colorado Corporation, its Manager
YZ7/f
Miles & Grant, President
i`
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EXEBIT "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 PARTNERSEDP, L.L.P. ("NGP"),
GILLESPIE FARM DEVELOPMENT COMPANY ("GFDC" , A" -KM HORSETOOTH
DEVELOPMENT, LLC ("HORSETOOTEf)
LEGAL DESCRIPTION
OF THE PROPERTY
A tract of land known as MAPLE HILL, bang a Replat of the 19th Green Planned Unit
Development — Phase 1, located in the Northwest Quaiter of Section 32, Township 8 North,
Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado.
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