HomeMy WebLinkAbout2019-051-04/16/2019-APPROVING A DEVELOPMENT AGREEMENT TO SECURE PUBLIC BENEFITS FOR DEVELOPMENT OF THE WATERFIELD FOURTH RESOLUTION 2019-051
OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A DEVELOPMENT AGREEMENT TO SECURE PUBLIC
BENEFITS FOR DEVELOPMENT OF THE WATERFIELD FOURTH FILING
WHEREAS, Waterfield, LLC, a Colorado limited liability company, (the "Developer") has
entered into an agreement with Parker Land Investments, Inc., a Colorado corporation, to acquire
ownership of certain real property described in the replat of a portion of Waterfield Third Filing,
Tract A, Waterfield P.U.D. First Filing and portions of vacated Timberline Road in the City of Fort
Collins (the"Property''); and
WHEREAS, the Waterfield Fourth Filing Project Development Plan for development of
the Property (the "PDP") was approved by an Administrative Hearing Officer of the City on
January 10, 2019; and
WHEREAS, the Developer has since submitted to the City all plats,plans(including utility
plans),reports and other documents required for the approval of the Waterfield Fourth Filing Final
Development Plan (the "FDP") for the Property consistent with the PDP and according to the
City's development application submittal requirements master list copies of which are on file in
the office of the City Engineer and made a part hereof by reference; and
WHEREAS, the FDP has not yet been approved by the City; and
WHEREAS, this Development Agreement will be in addition to the usual development
agreement the Developer is required to enter into with the City under Section 3.3.2(B)of the City's
Land Use Code as part of the City's approval process for the FDP; and
WHEREAS, the Developer desires to develop the Property under the FDP to include 498
healthy and energy efficient homes, diverse pedestrian friendly neighborhoods and affordable
housing; and
WHEREAS, pursuant to the provisions of Colorado's Special District Act;the Developer
previously submitted to the City an application for the Fort Collins City Council's approval of a
Consolidated.Service Plan for the Waterfield Metropolitan District Nos. 1-3 (the "Service Plan"),
which Service Plan the City Council approved on September 18, 2018, in Resolution 2018-082;
and
WHEREAS, the Developer sought the organization of Waterfield Metropolitan District
Nos. 1-3 (the "Districts") to enable development of the Property in a manner that will provide the
public benefits described in Exhibit "G" of the Service Plan,which include: (1) water and energy
conservation;(2) multimodal transportation;(3) critical public infrastructure; (4) high quality and
smart growth management: (5) walkability & pedestrian friendliness; (6) public spaces; and (7)
affordable housing (collectively, the "Public Benefits"); and
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WHEREAS, Section IV.B.2.of the Service Plan requires that Developer's provision of the
Public Benefits be secured by a development agreement between the City and the Developer that
has been approved by resolution of the City Council; and
WHEREAS, City staff and the Developer have negotiated the "Development Agreement
to Secure Public Benefits or Waterfield Fourth Filing" attached as Exhibit "A" and incorporated
herein by reference(the"Development Agreement"), which sets forth the terms and conditions by
which the Developer's provision of the Public Benefits will be secured; and
WHEREAS, the City Council hereby finds that approval of the Development Agreement
is in the City's best interest and will serve the public's health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO, as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings,contained in the recitals set forth above.
Section 2. That the City Council hereby approves the Development Agreement.
Section 3. That the Mayor is authorized to enter into the Development Agreement on
the City's behalf in substantially the form attached as Exhibit "A," subject to minor modifications
as the Mayor, in consultation with the City Manager and City Attorney, may determine to be
necessary and appropriate to protect the,interests of the City or to the effectuate the purposes of
this Resolution.
Passed and adopted at a regular meeting of the Council of the Cit of Fort Collins this 16th
day of April, A.D.2019.
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EXHIBIT A
DEVELOPMENT AGREEMENT TO
SECURE PUBLIC BENEFITS FOR
WATERFIELD FOURTH FILING
THIS DEVELOPMENT AGREEMENT TO SECURE PUBLIC BENEFITS FOR
WATERFIELD FOURTH FILING (the "Agreement" ) is made and entered into this
day of , 2019 ) by and between the CITY OF FORT COLLINS , COLORADO ,
a home rule municipality of the State of Colorado ("City" ) ; PARKER LAND
INVESTMENTS , INC . , a Colorado corporation ( " Owner" ) ; and TH WATERFIELD , LLC , a
Colorado limited liability company (" Developer" ) .
WITNESSETH :
WHEREAS , the Waterfield Third Filing Final Development Plan and plat were
approved by the City on August 4 , 2014 (the "Third Filing " ) ; and
WHEREAS , the Third Filing was approved for a total of 190 dwelling units
including 152 single family dwelling units , 22 single family alley loaded dwelling units ,
and 16 single family attached dwelling units , together with a tract for future development
of a maximum of 200 multi -family dwelling units ; and
WHEREAS , the Developer has entered into an agreement with the Owner to
acquire ownership of certain real property , including portions of the Third Filing ( hereafter
sometimes referred to as the " Property" or " Development" ) and legally described as
fol lows :
A replat of a portion of Waterfield Third Filing , Tract A , Waterfield P . U . D .
First Filing and portions of vacated Timberline Road , located in the West
Half of Section 5 , Township 7 North , Range 68 West of the 6t" Principal
Meridian , City of Fort Collins , County of Larimer, State of Colorado ;
WHEREAS , the Developer desires to develop the Property to include 498 healthy
and energy efficient homes , diverse pedestrian friendly neighborhoods and affordable
housing ; and
WHEREAS , pursuant to the provisions of Article 1 of Title 32 of the Colorado
Revised Statutes (the " Special District Act" ) , the City Council of the City , by Resolution
2018- 082 , approved the Consolidated Service Plan (the " Service Plan " ) for the
Waterfield Metropolitan District Nos . 1 - 3 (each a " District" and collectively the
" Districts" ) ; and
WHEREAS , organization of the Districts is intended to enable development of the
Property in a manner that will provide the public benefits generally described in Exhibit
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G of the Service Plan , and more particularly defined and described in Paragraph I . B .
below (the " Public Benefits " ) ; and
WHEREAS , the Waterfield Fourth Filing Project Development Plan (the " PDP " )
was approved by an Administrative Hearing Officer of the City on January 10 , 2019 ; and
WHEREAS , the Developer submitted to the City all plats , plans ( including utility
plans ) , reports and other documents required for the approval of the Waterfield Fourth
Filing Final Development Plan (the " FDP " ) according to the City' s development
application submittal requirements master list copies of which are on file in the office of
the City Engineer and made a part hereof by reference ; and
WHEREAS , Section IV . B . 2 . of the Service Plan requires that the Public Benefits
to be provided by a developer of a planned development shall be secured by a
development agreement between the City and such developer and the City and the
Developer desire to secure the Public Benefits in accordance therewith through this
Agreement .
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 , it is agreed as follows :
I . SECURING OF PUBLIC BENEFITS
A . Method of Securing Public Benefits . Although the intent is that one or
more of the Districts will ultimately reimburse the Developer for those Public Benefits
they have the legal ability to fund , the Developer shall have the obligation to develop ,
construct and/or install the Public Benefits in accordance with the terms and conditions
of this Agreement .
B . Public Benefits Summary . Exhibit G to the Service Plan generally
summarized seven (7 ) categories constituting the Public Benefits which are required to
be secured : ( 1 ) Water and Energy Conservation ; (2 ) Multimodal Transportation ; ( 3 )
Critical Public Infrastructure ; (4 ) High Quality and Smart Growth Management : (5 )
Walkability & Pedestrian Friendliness ; ( 6 ) Public Spaces ; and ( 7 ) Affordable Housing ;
each of which is defined and addressed in Sections I . C . through I . I . below .
C . Water and Energy Conservation .
1 . Zero Energy Ready Homes . All dwelling units within the approved
FDP will be built to the Department of Energy Zero Energy Ready Home National
Program Requirements (the "ZERH Standard " ) and the Environmental Protection
Agency Indoor airPLUS Program Construction Specifications (the " Indoor
airPLUS Specifications" ) . Accordingly , it shall be a prerequisite to the City' s
issuance of the certificate of occupancy for each dwelling unit built under the
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approved FDP that evidence of compliance with the ZERH Standard and
evidence of compliance with the Indoor airPLUS Specifications be provided to
the City by a certified Home Energy Rating System rater (" HERS Rater" ) .
2 . LEED Certification . All dwelling units within the approved FDP shall
achieve LEED for Homes Certification . Accordingly , it shall be a prerequisite to
the City' s issuance of the certificate of occupancy for each dwelling unit built
under the approved FDP that evidence of final application submittal for the LEED
for Homes Certification for such dwelling unit be provided to the City by a HERS
Rater.
3 . Net Zero Energy / Distributed Energy Storage Homes . A minimum
of ten percent ( 10 % ) of the total number of dwelling units in the approved FDP
shall be built to achieve a Home Energy Rating System Index Score of 15 or less
(the " Net Zero Standard " ) or, as an alternative , shall include either a battery
storage system within the dwelling unit or access to a battery storage system
installed within the FDP which has the capability to supply multiple homes
( " Distributed Energy Storage " ) . Accordingly , of the first 200 new dwelling units
built under the approved FDP and for which the City has issued a certificate of
occupancy , evidence of one of the following must be provided to the City by a
HERS Rater for at least 20 of those dwelling units : ( i ) compliance with the Net
Zero Standard , or ( ii ) access to Distributed Energy Storage . If such evidence is
not provided to the City , the City shall not be required to issue a building permit
for any new dwelling unit to be built under the approved FDP until the City
determines , to its satisfaction , that at least ten percent ( 10 % ) of the dwelling units
to be built under said FDP will satisfy this requirement .
4 . Solar PV Homes . A minimum of ten percent ( 10 % ) of the total
number of dwelling units built under the approved FDP shall be constructed with
a rooftop solar photovoltaic system or , as an alternative , shall include access to
Distributed Energy Storage . Accordingly , of the first 200 new dwelling units built
under the approved FDP and for which the City has issued a certificate of
occupancy , evidence of one of the following must be provided to the City by a
HERS Rater for at least 20 of those dwelling units : ( i ) the installation of a rooftop
solar photovoltaic system , or ( ii ) access to Distributed Energy Storage . If such
evidence is not provided to the City , the City shall not be required to issue a
building permit for any new dwelling unit to be built under the approved FDP until
the City determines , to its satisfaction , that at least ten percent ( 10 % ) of the
dwelling units to be built under said FDP will satisfy this requirement .
D . Multimodal Transportation . The Developer shall include the following
features in the FDP to promote the use of multimodal means of travel :
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1 . Buffered bicycle lanes [ i . e . six-foot wide , six- inch raised dedicated
bicycle lanes] on both sides of Suniga Road in the dedicated Suniga Road right-
of-way for the entire length of Suniga Road within the FDP ;
2 . Six-foot wide sidewalks on both sides of Suniga Road in the
dedicated Suniga Road right-of-way for the entire length of Suniga Road within
the FDP ; and
3 . Two pedestrian crossings of Suniga Road at Merganser Street with
each including six-foot wide striping , pedestrian signage and ADA-approved
ramps .
Approval of the FDP that includes such multi - modal transportation features and
execution of a development agreement in connection with the FDP obligating the
Developer to construct such enhancements shall be a prerequisite to Developer' s
receipt from the City of any building permit for construction under the approved FDP .
See Exhibit A, attached hereto and incorporated herein by this reference , which
generally depicts the location of the multi - modal transportation features described in this
Section I . D .
E . Critical Public Infrastructure . The approved FDP documents , including the
FDP development agreement , shall include the following items that are critical to the
overall transportation network of the City :
1 . Design and construction of Suniga Road as a four- lane major
arterial in the dedicated Suniga Road right-of-way between the existing
Timberline Road and the future Turnberry Road as defined in the approved
public improvement construction plans for the FDP ( " Suniga Road
Improvements " ) , and subject to reimbursement by the City to the Developer for
the oversized portion of such improvements in accordance with City regulations
therefor; and
2 . Compliance with an Alternative Mitigation Strategy identified
pursuant to Section 4 . 6 . 8 of the Larimer County Urban Area Street Standards by
paying its proportionate share of the costs to address the adequate public
facilities issues at the intersection of Vine Street and Lemay Avenue .
Approval of the FDP that includes the Suniga Road Improvements and execution
of a development agreement in connection with the FDP obligating the Developer to
provide the Suniga Road Improvements and implement the Alternative Mitigation
Strategy in accordance with applicable City regulations regarding the same shall be a
prerequisite to Developer' s receipt from the City of any building permit for construction
under the approved FDP . See Exhibit A which general depicts the location of the
Suniga Road Improvements .
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F . High Quality and Smart Growth Management . The approved FDP shall
include higher density and advancement of the City' s smart growth management
objectives including : ( i ) alley access to the garages of approximately ninety-three
percent ( 93 % ) of the homes (with the remainder of the garages being loaded from the
street) ; ( ii ) smaller lot sizes than in the Third Filing ; and ( iii ) a high percentage
( approximately 43 % ) of attached housing types (two-family and three- , four- , five- and
six- plexes ) . Approval of the FDP that incorporates the high quality and smart growth
management features described herein and execution of a development agreement that
obligates the Developer to provide such measures shall be a prerequisite to Developer' s
receipt from the City of any building permit for construction under the approved FDP .
See Exhibit A which generally depicts the location of the features described in this
Section I . F .
G . Walkability & Pedestrian Friendliness . The Developer shall include the
following features in the approved FDP that promote walkability and pedestrian
friendliness including : ( i ) construction of a six-foot wide pedestrian trail ( a combination
of raised boardwalk and crusher fines trail ) around the perimeter of the wetland ; and ( ii )
paseo-type sidewalk connections through blocks and open space areas . Approval of
the FDP that incorporates the features described herein and execution of a
development agreement that obligates the Developer to provide such features shall be
a prerequisite to Developer' s receipt from the City of any building permit for construction
under the approved FDP . See Exhibit A which generally depicts the location of the
wetland perimeter trail and the sidewalk connections described in this Section I . G .
H . Public Spaces . The Developer shall include a combination of green courts ,
pocket parks and a community plaza in the approved FDP for the public use and
enjoyment of the neighborhood . Approval of the FDP that incorporates such public
spaces and execution of a development agreement that obligates the Developer to
provide such spaces shall be a prerequisite to Developer' s receipt from the City of any
building permit for construction under the approved FDP . See Exhibit A which generally
depicts the location of the public spaces described in this Section I . H .
I . Affordable Housing .
1 . At least ten percent ( 10 % ) of the total number of dwelling units
approved within the FDP shall be affordable for-sale dwelling units for families
earning eighty percent (80 % ) of the Fort Collins ' Area Median Income ( "AMI " ) for
a family of four ( " Required Affordable Units" ) . The Required Affordable Units
may be provided through any of the following three mechanisms or any other
mechanism mutually agreed upon by the Developer and the City , or any
combination of the same :
a . Development of the approved FDP by the Developer with the
Required Affordable Units .
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b . Sale of lots within the approved FDP by the Developer to a
non - profit or for- profit builder and the subsequent development of such
lots by such builder as part or all of the Required Affordable Units . At the
time any such sale is closed , the number of dwelling units approved for
construction on such lots shall count toward the Required Affordable
Units .
c . Legally enforceable reservation of lots within the approved
FDP for the eventual sale to an entity for development of all or a part of
the Required Affordable Units . At the time such reservation is made by
the Developer, the number of dwelling units approved for construction on
such lots shall count toward the Required Affordable Units .
2 . The Developer will continue to participate in a collaborative effort
among developers within the boundaries of the Mountain Vista Subarea Plan , the
City , a community land trust and entities such as Housing Catalyst and Habitat
for Humanity on a strategy for long -term affordability of the Required Affordable
Units . If another method for long -term affordability does not result from the
collaborative effort described in this Section 1 . 1 . 2 , the Developer agrees to
impose or require the imposition of deed restrictions for a twenty (20 )-year period
on all Required Affordable Units . The deed restrictions shall limit reconveyances
of any of the Required Affordable Units during the twenty (20 )-year period to
purchasers with incomes of eighty percent ( 80 % ) of the Fort Collins AMI for a
family of four.
3 . Sixty-six percent (66 % ) of the Required Affordable Units shall be
secured through one of the mechanisms described in Sections 1 . 1 . 1 . a . through c .
above ( or through any other mechanism agreed upon in writing between the City
and the Developer) prior to receipt from the City of a building permit for more
than fifty percent ( 50 % ) of the total number of dwelling units authorized under the
approved FDP , and the remaining thirty-four percent ( 34 % ) of the Required
Affordable Units shall be so secured prior to receipt from the City of a building
permit for the last one hundred ( 100 ) of the dwelling units authorized under the
approved FDP .
J . City Acknowledgement . The City specifically acknowledges that the
Public Benefits as described and secured in paragraphs I . C . through I . I . above , satisfy
the requirement of Section IV . B . 2 . of the Service Plan for securing the Public Benefits
as generally described in Exhibit G of the Service Plan .
II . MISCELLANEOUS
A . City Findings . The City hereby finds and determines that the approval of
this Agreement is in the best interests of the public health , safety and general welfare of
the City .
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B . Counterparts . This Agreement may be executed in multiple counterparts ,
each of which shall be deemed to be an original and all of which taken together shall
constitute one and the same agreement .
C . Covenants/ Binding Effect . This Agreement shall run with the Property ,
including any subsequent replatting of all , or a portion of the Property . This Agreement
shall also be binding upon and inure to the benefit of the parties hereto , their respective
personal representatives , heirs , successors , grantees and assigns . It is agreed that all
improvements required pursuant to this Agreement touch and concern the Property
regardless of whether such improvements are located on the Property . Assignment of
interest within the meaning of this paragraph shall specifically include , but not be limited
to , a conveyance or assignment of any portion of the Developer' s legal or equitable
interest in the Property , as well as any assignment of the Developer' s rights to develop
the Property under the terms and conditions of this Agreement .
D . Default .
1 . Notice ; Cure . If any party defaults under this Agreement , the non -
defaulting party shall deliver written notice to the defaulting party of such default
in accordance with Section 111 , and the defaulting party shall have thirty
(30 ) days from and after receipt of such notice to cure such default . If such
default is not of a type which can be cured within such thirty ( 30 ) day period and
the defaulting party gives written notice to the non -defaulting party within such
thirty ( 30 ) day period that it is actively and diligently pursuing such cure , the
defaulting party shall have a reasonable period of time given the nature of the
default following the end of such thirty ( 30 ) day period to cure such default ,
provided that such defaulting party is at all times within such additional time
period actively and diligently pursuing such cure and provided further that in no
event shall such cure period exceed a total of six (6 ) months . Notwithstanding
the cure period set forth in this Section I I . D . 1 , Developer , its successors and
assigns , shall have the right to include a claim for breach of this Agreement in
any action brought under C . R . C . P . Rule 106 if Developer, its successors and
assigns , believes that the failure to include such claim may jeopardize its ability
to exercise its remedies with respect to this Agreement at a later date . Any claim
for breach of this Agreement brought before the expiration of the applicable cure
period set forth in this Section II . D . shall not be prosecuted by Developer , its
successors and assigns , until the expiration of such cure period except as set
forth in this Agreement , and shall be dismissed by Developer , its successors and
assigns , if the default is cured in accordance with this Section II . D .
2 . Remedies . If any default under this Agreement is not cured as
described above , the non -defaulting party shall have the right to enforce the
defaulting party' s obligation hereunder by an action at law or in equity , including ,
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without limitation , injunction and /or specific performance , and shall be entitled to
an award of any damages available at law or in equity .
E . Governing Law. This Agreement shall be construed under and governed
by the laws of the State of Colorado .
F . Integration ; Amendment . This Agreement represents the entire
agreement between the parties with respect to the subject matter hereof and there are
no oral or collateral agreements or understandings . The parties agree that this
Agreement may be amended only by an instrument in writing signed by the City and the
Developer , and successors and permitted assigns of the Developer to whom the
Developer has granted in writing the right to consent to any such amendments .
Notwithstanding the foregoing , this Agreement shall be in addition to and supplemented
by the development agreement that will be entered into by the Developer with the City
for the Development as required in Section 3 . 3 . 2 . ( B ) of the City' s Land Use Code .
G . Jurisdiction and Venue . The City and the Developer , its successors and
assigns , stipulate and agree that in the event of any dispute arising out of this
Agreement , the courts of the State of Colorado shall have exclusive jurisdiction over
such dispute and venue shall only be proper in Larimer County , Colorado . The Parties
hereby submit themselves to jurisdiction of the State District Court , 8t" Judicial District ,
County of Larimer , State of Colorado .
H . Liability of Owner . Owner is made a party to this Agreement solely for the
purpose of subjecting the Property to the covenants contained in this Agreement and
Owner specifically consents to all of the terms and conditions of this Agreement and
agrees that the Property shall be subject to the covenants contained herein . The
parties expressly acknowledge and agree that Owner shall not be liable for any
obligations of the Developer under this Agreement , unless Owner was to exercise any
of the rights of the Developer, in which event the obligations of the Developer shall
become those of Owner , to the extent such obligations relate to lands then being
developed by Owner.
I . Multiple- Fiscal Year Obligations . To the extent that any of the obligations
of the City contained in this Agreement are or should be considered multiple-fiscal year
obligations , such obligations shall be subject to annual appropriation by the Fort Collins
City Council , in its sole discretion .
J . No Joint Venture or Partnership . No form of joint venture or partnership
exists between the Developer , the Owner and the City , and nothing contained in this
Agreement shall be construed as making the Developer , the Owners and the City joint
venturers or partners .
K . No Third - Party Beneficiaries . Except as otherwise provided in this
Agreement , enforcement of the terms and conditions of this Agreement , and all rights of
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action relating to such enforcement , shall be strictly reserved to the City , the Developer ,
its successors and assigns , and the Owner and nothing contained in this Agreement
shall give or allow any such claim or right of action by any third party . Except as
otherwise provided in this Agreement , it is the express intention of the City , the
Developer , its successors and assigns , and the Owner that any other person receiving
services or benefits under this Agreement shall be deemed to be an incidental
beneficiary only .
L . Notices . Any notice or communication required under this Agreement
between the City , the Developer, and the Owner must be in writing and may be given
either personally , by registered or certified mail , return receipt requested , by Federal
Express or other reliable courier service that guarantees next day delivery or by
facsimile transmission (followed by an identical hard copy via registered or certified
mail ) . If personally delivered , a notice shall be deemed to have been given when
delivered to the party to whom it is addressed . If given by any other method , a notice
shall be deemed to have been given and received on the first to occur of: (a ) actual
receipt by any of the addressees designated below as the party to whom notices are to
be sent ; or ( b ) as applicable : ( i ) three ( 3 ) days after a registered or certified letter, return
receipt requested , containing such notice , properly addressed , with postage prepaid , is
deposited in the United States mail ; ( ii ) the following business day after being sent via
Federal Express or other reliable courier service that guarantees next day delivery ; or
( iii ) the following business day after being sent by facsimile transmission ( provided that
such facsimile transmission is promptly followed by an identical hard copy sent via
registered or certified mail , return receipt requested ) . Any party hereto may at any time ,
by giving written notice to the other party hereto as provided in this Section 111 ,
designate additional persons to whom notices or communications shall be given and
designate any other address in substitution of the address to which such notice or
communication shall be given . Such notices or communications shall be given to the
parties at their addresses set forth below:
If to City : City of Fort Collins
ATTN : City Manager
300 LaPorte Avenue
Fort Collins , CO 80521
With a copy to : City of Fort Collins
ATTN : City Attorney
300 LaPorte Avenue
Fort Collins , CO 80521
If to Developer: TH Waterfield , LLC
ATTN : Gene Myers
1875 Lawrence Street , Suite 900
Denver , CO 80202
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With copies to : Liley Law Office , LLC
ATTN : Lucia A . Liley
419 Canyon Avenue , Suite 220
Fort Collins , CO 80521
M . Paragraph Captions . The captions of the paragraphs are set forth only for
the convenience and reference of the parties and are not intended in any way to define ,
limit or describe the scope or intent of this Agreement .
N . Recordation . The City shall record this Agreement in the Larimer County
Records , and the Developer shall pay the cost of the same .
O . Severability . If any term , provision , covenant or condition of this
Agreement is held by a court of competent jurisdiction to be invalid , void or
unenforceable , the remaining provisions of this Agreement shall continue in full force .
P . Survival . The covenants , representations and warranties and agreements
to be performed or complied with under this Agreement by the respective parties shall
be continuing obligations of the respective parties until fully complied with or performed ,
respectively .
Q . Waiver . No waiver of one or more of the terms of this Agreement shall
constitute a waiver of other terms . No waiver of any provision of this Agreement in any
instance shall constitute a waiver of such provision in other instances .
IN WITNESS WHEREOF , the parties hereto have executed this Agreement the
day and year first written above .
CITY : CITY OF FORT COLLINS , COLORADO ,
a Municipal Corporation
By :
Mayor
Date : , 2019
ATTEST :
Delynn Coldiron , City Clerk
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APPROVED AS TO FORM :
John Duval , Deputy City Attorney
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
20197 by as Mayor of the City of Fort
Collins .
Witness my hand and official seal .
My Commission expires :
Notary Public
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DEVELOPER : TH WATERFIELD , LLC , a Colorado
limited liability company
By :
Gene Myers , CEO
STATE OF COLORADO )
) ss .
COUNTY OF )
The foregoing Agreement was acknowledged before me this day of
, 2019 , by Gene Myers , CEO of TH Waterfield , LLC .
WITNESS my hand and official seal .
Notary Public
My commission expires :
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OWNER : PARKER LAND INVESTMENTS , INC . , a
Colorado corporation
By :
Printed Name :
Title :
STATE OF COLORADO )
) ss .
COUNTY OF )
The foregoing Agreement was acknowledged before me this day of
, 20197 by as of Parker Land
Investments , Inc .
WITNESS my hand and official seal .
Notary Public
My commission expires :
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EXHIBITA i
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