HomeMy WebLinkAbout2025-019-03/18/2025-APPROVING THE FIRST AMENDMENT TO THE “AGREEMENT TO SECURE PUBLIC BENEFITS FOR MULBERRY DEVELOPMENT ARESOLUTION 2025-019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE FIRST AMENDMENT TO THE “AGREEMENT
TO SECURE PUBLIC BENEFITS FOR MULBERRY
DEVELOPMENT AS PROVIDED IN SERVICE PLAN FOR
MULBERRY METROPOLITAN DISTRICT NOS.1 THROUGH 6”
A.Mulberry Development LLC,a Colorado limited liability company (the
“Developer”)is currently developing planned unit development (the “Bloom PUD”)of
approximately 232 acres north of East Mulberry Street (Highway 14)along Greenfields
Drive in proximity to the intersection of Mulberry Street and lnterstate-25.The Planning
and Zoning Commission approved the Bloom PUD in 2021,and City Council approved
the extended vesting agreement in 2022.
B.In 2019,pursuant to the Colorado’s Special District Act,City Council
approved the Mulberry Metropolitan District Numbers 1 through 6 (the “Metro District”).
On April 16,2019,City Council approved the Consolidated Service Plan with boundaries
corresponding to the Bloom PUD for the Metro District (the “Service Plan”)via Resolution
2019-050.The Service Plan is general in nature,does not include specific detail,and is
designed with sufficient flexibility to enable the Metro District to provide required
improvements,services,and facilities.Exhibit I of the Service Plan describes public
benefits to be provided,including affordable housing,critical on-site and off-site public
infrastructure,high-quality and smart growth elements,and environmental sustainability.
C.Section IV.B.2.of the Service Plan requires that the Developer’s provision
of the public benefits described in Exhibit I of the Service Plan be secured by an
agreement between the City and the Developer that has been approved by resolution of
the City Council before the Metro District can,among other things,impose any property
taxes or issue any debt.
D.On March 23,2021,City Council approved Resolution 2021-030.Shortly
thereafter,the City and Developer executed the “Agreement to Secure Public Benefits for
the Mulberry Development as Provided in Service Plan for Mulberry Metropolitan District
Nos.1 Through 6”(the “Public Benefits Agreement”or “PBA”)to more particularly define
and describe certain public benefits generally described in Exhibit I of the Service Plan
and to set the terms and conditions by which the Developer will provide those public
benefits.
E.Since adoption of Resolution 2021 -030,City staff and the Developer have
identified a need to clarify a term in the Public Benefits Agreement relating to high quality
and smart growth elements.Subsection l.B.3(ii)of the Public Benefits Agreement requires
the Developer to include “alley access to the garages of at least 40%of the Total Dwelling
Units.”The configuration and intended use of an “alley”is dictated by the adopted Larimer
County Urban Area Street Standards and employing that specific design would require
significant redesign of several proposed phases of Bloom,resulting in an overall loss of
housing units.
F.The proposed First Amendment to the “Agreement to Secure Public
Benefits for the Mulberry Development as Provided in Service Plan for Mulberry
Metropolitan District Nos.1 Through 6”(the “First Amendment”)modifies Subsection
l.B.3(ii)of the Public Benefits Agreement to read,“(ii)non-street4acing garages must be
provided for at least 45%of the Total Dwelling Units.”A “non-street-facing garage”means
a garage accessed internal to a block,lot,or larger single-site development (such as a
multiunit or mixed-use building).This change in description provides more flexibility in
meeting the requirements of the PBA while meeting the design intent of minimizing the
visual impact of garage doors to streetscapes.
G.Staff recommends City Council approve the First Amendment,attached
hereto as Exhibit A,to belier reflect the intent of the City and the Developer and provide
greater clarity related to design and the City’s development review.
H.Under Subsection ll.F.of the Public Benefits Agreement,the City and the
Developer are authorized to amend the Public Benefits Agreement.
I.The City Council finds and determines that adoption of this resolution and
approval of the First Amendment is in the City’s best interest and advances the public’s
health,safety and welfare by facilitating the Developer’s delivery of the agreed upon
public benefits.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and find ngs,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.The City Council hereby approves the First Amendment to the
“Agreement to Secure Public Benefits for the Mulberry Development as Provided in
Service Plan for Mulberry Metropolitan District Nos.1 Through 6.”
Section 2.The City Manager is authorized to execute the First Amendment to
the “Agreement to Secure Public Benefits for the Mulberry Development as Provided in
Service Plan for Mulberry Metropolitan District Nos.1 Through 6”on behalf of the City in
substantially the same form attached to this resolution as Exhibit A,subject to minor
modifications as the City Manager,in consultation with the City Attorney,may determine
to be necessary and appropriate to protect the interests of the City or to effectuate the
purposes of this resolution.
Section 3.Promptly after the effective date of this resolution,the Developer
shall record a copy of this resolution with all attachments in the office of the Larimer
County Clerk and Recorder,with all recording fees paid by the Developer.
Section 4.After execution by the City and the Developer,the Developer shall
record a copy of the First Amendment to the “Agreement to Secure Public Benefits for the
Mulberry Development as Provided in Service Plan for Mulberry Metropolitan District Nos.
1 Through 6”in the office of the Larimer County Clerk and Recorder,with all recording
fees paid by the Developer.
Passed and adopted on March 18,2025
ATTEST:
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City
Effective Date:March 18,2025
Approving Attorney:Heather N.Jarvis
EXHIBIT A TO RESOLUTION 2025-019
FIRST AMENDMENT TO THE
“AGREEMENT TO SECURE PUBLIC BENEFITS FOR MULBERRY DEVELOPMENT
AS PROVIDED IN SERVICE PLAN FOR MULBERRY METROPOLITAN DISTRICT
NOS.1 THROUGH 6.”
THIS FIRST AMENDMENT TO THE “AGREEMENT TO SECURE PUBLIC
BENEFITS FOR MULBERRY DEVELOPMENT AS PROVIDED IN SERVICE PLAN FOR
MULBERRY METROPOLITAN DISTRICT NOS.1 THROUGH 6”(the “First Amendment”)is
made and entered into on the date of the last signature below,by and between the CITY “F FORT
COLLINS,COLORADO,a municipal corporation (“City”);and MULBERRY DEVELOPMENT,
LLC,a Colorado limited liability company (“Developer”).The City and the Developer may be
referred to individually,each as a “Party,”or collectively as the “Parties.”
RECITALS
WHEREAS,on March 23,2021,the City and the Developer entered into the Agreement
to Secure Public Benefits for Mulberry Development as Provided in Service Plan for Mulberry
Metropolitan District Nos.1 Through 6 (the “Public Benefits Agreement”);
WHEREAS,the Parties wish to enter into this First Amendment for the purpose of
clarifying a term in the Public Benefits Agreement relating to high quality and smart growth
elements;and
WHEREAS,under Subsection II.F.of the Public Benefits Agreement the City and the
Developer may amend the Public Benefits Agreement by an instrument in writing signed by the
City and the Developer.
NOW,THEREFORE,in consideration of the mutual promises,covenants and agreements
of the Parties contained herein,and other good and valuable consideration,the receipt and
adequacy of which are hereby acknowledged,the Parties agree as follows.
TERMS AND CONDITIONS
1.Incorporation of Recitals.The foregoing Recitals are incorporated herein as
material terms and conditions.
2.Capitalized Words and Terms.Capitalized words and terms not otherwise defined
in this First Amendment shall retain the meaning given to them in the Public Benefits Agreement.
3.Amendment of Subsection I.B.3(ii)regarding securing the public benefits of High
Oualitv and Smart Growth Elements.Subsection I.B.3(ii)of the Public Benefits Agreement is
amended and replaced to read as follows:
EXHIBITATO RESOLUTION 2025-019
(ii)non-street-facing garages must be provided for at least 4500 of the Total
Dwelling Units,
4.Amendment of Subsection TI.L.regarding Notices.Subsection II.L.of the Public
Benefits Agreement is amended to replace the Developer’s attorney contact information to read as
follows:
With a copy to:Coan,Payton &Payne,LLC
A’fl’N:Bob Choate
103 W.Mountain Avenue,Suite 200
Fort Collins,CO 80524
Email:BChoate~cp2law.com
5.Oriainal Agreement.The Public Benefits Agreement remains in full force and
effect,as amended by this First Amendment.
6.First Amendment Effective Date:This First Amendment shall be effective after all
of the following have occurred:(a)the City Council has adopted a resolution approving this First
Amendment,(b)the City and the Developer have executed this First Amendment with their
signatures below,and (c)the Developer has recorded this First Amendment with the Larimer
County Clerk and Recorder,with the Developer paying the cost of recording.
7.Counterparts.This First Amendment may be executed in counterparts,each of
which shall be deemed to be an original and all of which taken together shall constitute one and
the same amendment.
[Remainder ofpage left intentionally blank Signature page follows .]
EXHIBIT A TO RESOLUTION 2025-019
IN WITNESS WHEREOF,the Parties agree to the terms and conditions of this First
Amendment described herein effective as of the First Amendment Effective Date.
CITY:CITY OF FORT COLLINS,COLORADO,
a Municipal Corporation
By:____________________
Kelly DiMartino,City Manager
Date:_________________________
Afl’EST:
Name:Title:
APPROVED AS TO FORM:
Heather N.Jarvis,Assistant City Attorney
DEVELOPER:MULBERRY DEVELOPMENT,LLC,
a Colorado Limited liability company
By:HARTFORD HOMES,LLC,a Colorado
limited liability company,Its Manager
By:___________________________
Landon Hoover,Manager
Date:_____________________________
AflEST:
Printed name,Title
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _____day
of ,2025,by Landon Hoover as Manager of Hartford Homes,LLC,the Manager
of Mulberry Development,LLC.
My Commission Expires:_______________
Notary Public