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Home My WebLink AboutKECHTER CROSSING - Filed DA-DEVELOPMENT AGREEMENT - AMENDEMENT ONE - 2013-05-08KECHTER CROSSING AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT, made and entered into this Lr day of �t , 2013, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and Kechter Crossing Homeowners Association, Inc., a Colorado non-profit corporation, and Meritage Homes of Colorado, Inc., an Arizona corporation, hereinafter referred to collectively as the "Developer"; and Kadenwood Drive, LLC, a Colorado limited liability company hereinafter referred to as the "Owner" of one lot in the Development. WITNESSETH; WHEREAS, the City entered into a Development Agreement with 2309 Kechter, LLC (as "Developer") on September 20, 2012, as recorded with the Larimer County Clerk and Recorder on September 20, 2012 at Reception Number 20120065100, 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: Lots 1 through 11, inclusive, Block 1, Lots 1 through 11, inclusive, Block 2, Lots 1 through 9, inclusive, Block 3, Lots 1 through 5, inclusive, Block 4, Lots 1 through 3, inclusive, Block 5, Lots 1 through 4, inclusive, Block 6, Lots 1 through 2, inclusive, Block 7, Lots 1 through 6, inclusive, Block 8, Lots 1 through 5, inclusive, Block 9, Lots 1 through 3, inclusive, Block 10, Lots 1 through 8, inclusive, Block 11, Lots 1 through 8, inclusive, Block 12, Common Area A, Common Area B, Common Area C, Common Area D, Outlot A, and Outlot B, inclusive, Kechter Crossing PLD, Being a Replat of Lots 1 and 2, Feldman M.R.D. #97-EX1094, County of Larimer, State of Colorado. WHEREAS, 2309 Kechter, LLC has subsequently transferred ownership of the property to the Developer and Owner named herein; and WHEREAS, the parties presently desire to modify the Development Agreement by this Amendment Agreement No. 1; RECEPTION#: 20130031272, 04/25/2013 at 01:46:41 PM, 1 OF 6, R $36.00 TD Pgs: 0 Scott Doyle, Larimer County, CO CRY Clerk's Office, Fort CoD'Irts, Colorado 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 III (Special Conditions) Paragraph C.6 shall be replaced with the following: 6. The Developer shall limit the construction of the off -site storm drainage improvements to the limits of construction as shown on the Final Development Plan Documents and as amended by this Amendment Agreement No. 1. The storm drainage facilities and storm drainage outfall pipes within Tilden Street, Kechter Road, the off -site portions and the outfall to McClelland's Creek have been amended and oversized to be able to convey additional flows from adjacent developments, including but not limited to flows from the property known as the "Lehman Property" and the "Northeast" property as described in the approved final report Drainage Addendum Letter to Kechter Crossing, Regional Storm Sewer Revisions dated November 27, 2012 by Northern Engineering Services. The Developer is responsible for the costs associated with this oversizing. The contractor shall re -seed and/or restore all areas that are disturbed during construction of the off -site storm drainage improvements in accordance with the Final Development Plan Documents promptly following construction. The Developer shall take commercially reasonable steps to ensure that no any negative impact occurs to the adjoining properties during the construction of these facilities. No grading shall be done outside of the approved areas as shown on the Final Development Plan Documents. B. Subheading III (Special Conditions) Paragraph E. Le shall be replaced with the following: e. The storm drainage outfall pipes within Kechter Road and the outfall to McClellands Creek have been oversized to be able to convey additional flows from adjacent development's including that of the East Property (known as the "Northeast" basin in the approved final report Drainage Addendum Letter to Kechter Crossing, Regional Storm Sewer Revisions date November 27, 2012 by Northern Engineering) and this Developer is responsible for any associated costs of installing the oversized drainage pipe(s) attributable to the East Property. C. Section IV (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: Meritage Homes of Colorado, Inc. 6892 S. Yosemite Court, Suite 1-201 Centennial, CO 80112 Attention: Matt Janke Facsimile: (720) 482-0222 2 And: Meritage Homes of Colorado, Inc. 6892 S. Yosemite Court, Suite 1-201 Centennial, CO 80112 Attention: Matt Janke Facsimile: (720) 482-0222 D. Subheading IV (Miscellaneous) Paragraph P. shall be added as follows: P. The Owner is made a party to this Agreement solely for the purpose of subjecting the Property to the covenants contained in this Agreement. The City and the Developer expressly acknowledge and agree that the Owner shall not be liable for any obligations of the Developer under this Agreement, unless the Owner were to exercise any of the rights of the Developer in which event the obligations of the Developer shall become those of the Owner. E. 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. o�•F�RT C�!! % • .2 h� .N • Q.• n Ate,+.', • ••cOi•nRP�� ATTEST: CITY CLERK APP�04ED A O FORM: 1 t / _ i� Deputy City Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation BY— _=tU� City Manager 3 DEVELOPER: Kechter Crossing Homeowners Association, Inc. a Colorado non-profit corporation By: L ATTES By- - n"N &-0. Qx%nN i Gr , rcc� r o�' Ct'v^ L%Arii -� l ezqd oprAe,, + % ttInnII[Iff . XyOTA Y ' a � R , STATE OF COLORADO • ss. 40f%00 COUNTY OF LARIMER ) OF600�P0o`` II`11 IIIU� The foregoin instrument was acknowledged beore a this day of ` .,�v, 2013, by ,4� - [name of person] as i4LJ = [title of person] and by C (;,,Ao . k. QA [name of other person] as [tit e of ther person] of Kechter Crossing Homeowners Association, Inc. Notary Public My Commission Expires: �2_ t o L� 3 Meritage Homes of Colorado, an Arizona corporation By tle Ac ,is4im Nmrre of pei so Chwi sH an 1�1. may► ke. , v ► C-E -)?VR 5'% ATTEST: ' `-\NN** �p►EL Bj� Zz 1enn N�e,�, ��YeG r o CommL,�x►%r1Y Ttve. �OUR;- •; STATE OF COLORADO ) %4�'�•. �U1�1.`�G,.: o� COUNTY OF LARIMER ) The foregoin instrument was acknowledged efore me this0-11 day of 2013, by [name of person] as Las. -Az [title of person] and by [name of other person] as Iby [title of other person] of Meritage Homes of Colorado. My Commission Expires: 46-e Notary Public 0 • Kadenwo , L5-7-- Pauld liability mp By: Brinkman, Manager STATE OF COLORADO _ NO7Apy ss COUNTY OF LARIMER ) y�,`. '°Ueuc : o • p. The foregoing instrument was/Ik4 before me this day of 2013, by Paul Brinkman as Manager and by Alan Strope as Manager of Kad�nwoo Public My Commission Expires: