HomeMy WebLinkAboutSAGE CREEK - Filed DA-DEVELOPMENT AGREEMENT - 2001-09-28SAGE CREEK
AMENDMENT AGREEMENT NO. 2
THIS AMENDMENT AGREEMENT NO. 2 is made and entered into this:7:q. day of
2001 by and between the CITY OF FORT COLLINS, COLORADO, a
municipal corporation ("City"), and the JAMES CONSTRUCTION COMPANY, INC., a
Colorado corporation ("Developer"). and is an amendment to that certain Development
Agreement dated August 10, 2000 and that certain Sage Creek Amendment Agreement No. 1
dated March 26, 2001 by and between the City and the Developer, both of which are hereinafter
referred to as the "Development Agreement."
WHEREAS, the City and the Developer 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) Paragraphs C.1 shall be replaced with the following
paragraph and subparagraphs to read as follows:
I . (a) The storm drainage improvements associated with Phase 1 of this Development,
as shown on the Final Development Plan Documents and the "Sage Creek/Harvest
Park County Road 9, Box Culvert and McClelland Channel Improvement Plans',
shall be completed by the Developer in accordance with said Final Development Plan
Documents and the "Sage Creek/Harvest Park County Road 9, Box Culvert and
McClelland Channel Improvement Plans" prior to the issuance of more than I2
building permits (for the single family attached lots) in Phase 1 of this Development.
(b) The storm drainage improvements associated with Phase 2 of this Development,
as shown on the Final Development Plan Documents and the "Sage Creek/Harvest
Park County Road 9, Box Culvert and McClelland Channel Improvement Plans',
shall be completed by the Developer in accordance with said Final Development Plan
Documents and the "Sage Creek/Harvest Park County Road 9, Box Culvert and
McClelland Channel Improvement Plans' prior to the issuance of more than 48
building permits (for the single family attached lots) in Phase 2 of this Development.
Phase 2 certification shall include the certification of the "McClelland Channel
Improvements' including all the box culvert crossings of the channel (both for
pedestrian paths and street crossings) as shown on the Final Development Plan
Documents and on the "Sage Creek/Harvest Park County Road 9, Box Culvert and
McClelland Channel Improvement Plans'. If landscaping in the McClelland Channel
cannot be installed due to seasonal restrictions, then the Developer shall be allowed to
deposit in escrow with the City 125% of the cost of said channel landscaping
improvements and obtain additional building permits as necessary. The Developer
agrees to complete the above -referenced Phase 2 "McClelland Channel"
improvements on or before October 31, 2001.
(c) The storm drainage improvements associated with Phase 3 of this Development,
as shown on the Final Development Plan Documents, shall be completed by the
Developer in accordance with said Final Development Plan Documents prior to the
issuance of more than 27 building permits in Phase 3 of this Development.
(d) The storm drainage improvements associated with Phase 4 of this Development,
as shown on the Final Development Plan Documents, shall be completed by the
Developer in accordance with said Final Development Plan Documents prior to the
issuance of more than 14 building permits in Phase 4 of this Development.
Completion of drainage improvements shall mean the certification by a professional
engineer licensed in Colorado that said drainage facilities have been constructed in
conformance with said Final Development Plan Documents. All required
certifications shall be submitted to the City at least two weeks prior to the date of
issuance of additional building permits upon approval of such certification as
specified in this paragraph.
B. All other terms and conditions of the Development Agreement and Amendment No. 1
shall remain unchanged and in full force and effect, except as expressly amended in this
Amendment Agreement No. 2.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first
above written.
TTEST:
City Clerk
APPROVED AS TO CONTENT:
m'
City Engm er
;;=
AS TO FORM:
uty City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: Q:Q- I.IL. P' ...IL
City MKnager
2
DEVELOPER:
James Construction Company, Inc.,
a Col do Corpo ho
By:
J es Po le, President
ATTEST:
l n
Melinda Bartlett, tri f lement Manager
SAGE CREEK
AMENDMENT AGREEMENT NO. 1
M
THIS AMENDMENT AGREEMENT is made and entered into this 2(L_ day of
, 200 1 , by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, ("City"), and the James Construction Company, Inc., a Colorado Corporation
("Developer"), is an amendment to that certain Development Agreement dated August 10, 2000
by and between the City and the Developer, hereinafter referred to as the "Development
Agreement."
WHEREAS, the City and the Developer previously executed the Development
Agreement; and
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 I (General Conditions) Paragraph C shall be replaced with the following
paragraph to read as follows:
1. No building permit for the construction of any structure (except garage
structures) in Phases 1 & 2 shall be issued by the City until the public water lines and stubs to
each lot, Fire hydrants, sanitary sewer lines and stubs to each lot, and public streets (including
curb, gutter, and pavement with at least the base course completed) serving such structure have
been completed and accepted by the City. No building permit for the construction of any
structure in Phases 3 & 4 shall be issued by the City until the public water lines and stubs to each
lot, fire hydrants, sanitary sewer lines and stubs to each lot, and public streets (including curb,
gutter, sidewalk and pavement with at least the base course completed) serving such structure
have been completed and accepted by the City. No building permits shall be issued for any
structure located in excess of six hundred and sixty feet (660') from a single point of access,
unless the structures contain sprinkler systems that are approved by the Poudre Fire Authority.
B. Subheading II (Special Conditions) Paragraphs DA and D.5 shall be replaced with the
following paragraph to read as follows:
1. Prior to the issuance of any certificate of occupancy for Phase 1 and prior to
the issuance of any building permit for Phase 2, the Developer shall construct the entirety of the
Kcchter Road improvements (including curb, gutter, sidewalk, and pavement with at the least the
First lift of asphalt) in accordance with the final project development plan documents.
C. Subheading II (Special Conditions) Paragraphs C.1 shall be replaced with the following
paragraph to read as follows:
1. The storm drainage improvements associated with Phase 1 of this
development, as shown on the approved final development plan documents and the Sage Creek/
Harvest Park County Road 9, Box Culvert and McClelland Channel Improvement plans, shall be
completed by the Developer in accordance with said final development plan documents and the
Sage Creek/ Harvest Park County Road 9, Box Culvert and McClelland Channel Improvement
plans prior to the issuance of more than 12 building permits (for the single family attached lots)
in Phase 1 of this Development. The storm drainage improvements associated with Phase 2 of
this development, as shown on the approved final development plan documents and the Sage
Creek/ Harvest Park County Road 9, Box Culvert and McClelland Channel Improvement plans,
shall be completed by the Developer in accordance with said final development plan documents
and the Sage Creek/ Harvest Park County Road 9, Box Culvert and McClelland Channel
Improvement plans prior to the issuance of more than 24 building permits (for the single family
attached lots) in Phase 2 of this Development. Phase 2 certification shall include the
certification of the "McClelland Channel' improvements including all the box culvert crossings
of the channel (both for pedestrian paths and street crossings) as shown on the approved final
development plan documents and the Sage Creek/ Harvest Park County Road 9, Box Culvert and
McClelland Channel Improvement plans. In the event that the "McClelland Channel'
improvements are completed by a third party, the Developer of Sage Creek will still be obligated
to ensure that these improvements are completed and certified prior the issuance of more than 24
building permits (for the single family attached lots) in Phase 2 of this Development. If
landscaping in the McClelland Channel cannot be installed due to seasonal restrictions then the
Developer shall be allowed to escrow 125% of said channel landscaping improvements and
obtain additional building permits as necessary. The storm drainage improvements associated
with Phase 3 of this development, as shown on the approved final development plan documents,
shall be completed by the Developer in accordance with said final development plan documents
prior to the issuance of more than 12 building permits in Phase 3 of this Development. The storm
drainage improvements associated with Phase 4 of this development, as shown on the approved
final development plan documents, shall be completed by the Developer in accordance with said
final development plan documents prior to the issuance of more than 14 building permits in
Phase 4 of this Development. Completion of drainage improvements shall mean the certification
by a professional engineer licensed in Colorado that said drainage facilities have been
constructed in conformance with said final development plan documents. All required
certifications shall be submitted to the City at least two weeks prior to the date of issuance of
additional building permits upon approval of such certification as specified in this paragraph.
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 set their hands the day and year first
above written.
TTEST:
CITY CLERK
APPROVED AS TO CONTENT:
C� w
City Engineer
APPROV D AS TO FORM:
Deputy City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: Q 0 • -h.
City Wriager
DEVELOPER:
James Construction Corporation, Inc., a Colorado
Corporation
By:
Jame Postle, President
ATTEST:
By:
Renee McCauley, Marketing A tant