HomeMy WebLinkAboutWILLOW BROOK - Filed DA-DEVELOPMENT AGREEMENT - 2004-06-18WILLOW BROOK
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this W_H day of - zroAEy ,
of 2002, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation,
("City"), and Village Homes of Colorado, Inc., a Colorado corporation, ("Developer"), is an
amendment to that certain Development Agreement dated August I3, 2001 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 11 (Special Conditions) Paragraph D.6 shall be replaced with the following
paragraph to read as follows:
6. (a) Prior to the release of any building permits in Phase 1, the Developer shall
have completed Cinquefoil Drive from Kechter Road to Big Dipper Drive in accordance with
Section LC of this agreement, and shall have constructed the temporary access road east from Lot
240 on Galileo Drive to Northern Lights Drive and south along Northern Lights Drive to Kechter
Road as shown on the Final Development Plan Documents. If Rock Creek Drive is not
completed in accordance with Section LC prior to the closure of Kechter Road for the City Street
Ovcrsizing Capital Improvement Project as described above in Section ILDA. the Developer
shall construct a 20-foot wide temporary gravel access road along Rock Creek Drive from Ziegler
Road to Cinquefoil Road to provide secondary access. Said gravel road shall be constructed per
Poudre Fire Authority and City of Fort Collins requirements.
(b) Prior to the release of eighteen (18) building permits in Phase 1, the
Developer shall have completed Rock Creek Drive (minimum road base) in accordance with
Section LC of this agreement. In addition, prior to the release of any certificate of occupancy in
Phase 1, the Developer shall have fully completed Rock Creek Drive (including curb, gutter and
pavement) as shown on the Final Development Plan Documents.
B. 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.
connections located in Phase 4 (internal to Parcels RR and SS) as shown on the Final
Development Plan Documents. In addition, no certificate of occupancy shall be issued
for any lot that abuts Parcels RR or SS without a fully constructed mid -block pedestrian
connection adjacent to such lot.
D. Subheading 11 (Special Conditions) Paragraph D.13 shall be replaced with the following
paragraph to read as follows:
13, Prior to the release of more than forty-two (42) building permits in
Phase 5, the Developer shall have completed construction of all mid -block pedestrian
connections located in Phase 5 (internal to Parcels P and S) as shown on the Final
Development Plan Documents. In addition, no certificate of occupancy shall be issued
for any lot that abuts Parcels P or S without a fully constructed mid -block pedestrian
connection adjacent to such lot.
E. All other terms and conditions of the Development Agreement and Amendment Nos. 1, 2,
and 3 shall remain unchanged and in full force and effect, except as expressly amended by
this Amendment. Agreement No. 4.
IN WITNESS WfIE,REOF, the parties hereto have set their hands the day and year first above
written.
ATTEST:
CITY CI�RK
APPROVED AS TO CONTENT:
City Engineer
APPR ED AS TO FORM:
Deputy City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: a = . ,
City N&ager
2
DEVELOPER:
Village Homes 4 Colorado Inc.,
By: v ----
Peter enson, Pre ' ent, hern Division
FZ.E
WILLOW BROOK
AMENDMENT AGREEMENT NO.5
THIS AMENDMENT AGREEMENT NO. 5 is made and entered into this 3�2FH day of
SEDTEiHIi c',7, of 2005, by and between the CITY OF FORT COLLINS, COLORADO, a
municipal corporation, ("City"), and VILLAGE HOMES OF COLORADO, INC., a Colorado
corporation, ("Developer"), and is an amendment to that certain Development Agreement dated
August 13, 2001, and that certain Willow Brook Amendment Agreement No. 1 dated February 8,
2002, and that certain Willow Brook Amendment Agreement No. 2 dated July 8, 2002, and that
certain Willow Brook Amendment Agreement No. 3 dated October 9, 2002, and that certain
Willow Brook Amendment Agreement No. 4 dated August 11, 2003, by and between the City
and the Developer, all of which are hereinafter collectively 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 II (Special Conditions) Paragraphs D.S.(B) shall be replaced with the following
paragraph to read as follows:
(B) Quasar Way south of Full Moon Drive paid to the City prior to any
building permits in Phase 7 of the Development; and
B. Subheading II (Special Conditions) Paragraph D.12 shall be replaced with the following
paragraph to read as follows:
12. Prior to the release of more than nineteen (19) building permits in
Phase 4, the Developer shall have completed construction of all mid -block pedestrian
connections located in Phase 4 (internal to Parcels P, RR, and SS) as shown on the Final
Development Plan Documents. In addition, no certificate of occupancy shall be issued
for any lot that abuts Parcels P, RR or SS without a fully constructed mid -block
pedestrian connection adjacent to such lot.
C. Subheading II (Special Conditions) Paragraph D.13 shall be replaced with the following
paragraph to read as follows:
13. Prior to the release of more than seven (7) building permits in
Phase 7, the Developer shall have completed construction of the mid -block pedestrian
1
A_
connection internal to Parcel S, located in Phase 7 as shown on the Final Development
Plan Documents. In addition, no certificate of occupancy shall be issued for any lot that
abuts Parcels S without a fully constructed mid -block pedestrian connection adjacent to
such lot.
D. All other terms and conditions of the Development Agreement and Amendment Nos. 1, 2, 3
and 4 shall remain unchanged and in full force and effect, except as expressly amended by
this Amendment Agreement No. 5.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above
written. h
APPROVED AS TO CONTENT:
City Engineer
APPROVED O FORM:
Deputy City Attorney
THE CITY OF FORT
a Municipal- orgoati
City
DEVELOPER:
Village uOmes 4Colorado Inc.,
a ColorA corDdration A
10
Peter)BeXson, PPresWrit, Nort%iekn Division
t
2
A TEST:
(���L
CITY CLERK
APPROVED AS TO CONTENT:
City Engineer
APPROVDDJ) AS TO FORM:
Deputy City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: t>
City M aad ger
DEVELOPER:
Village�telof Colorado Inc.,
a Colo ado 0 oration A
Benson, Pr4dent, Nhrthern Division
WILLOW BROOK
AMENDMENT AGREEMENT NO. 2
THIS AMENDMENT AGREEMENT NO. 2 is made and entered into this t day of
e of 2002, by and between the CITY OF FORT COLLINS, COLORADO, a
muni ipal corporation, ("City"), and Village Homes of Colorado, Inc., a Colorado corporation,
("Developer"), and is an amendment to that certain Development Agreement dated August 13,
2001 and that certain Willow Brook Amendment Agreement No. I dated February 8, 2002 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 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 II (Special Conditions) Paragraph C.1 shall be replaced with the following
paragraph to read as follows:
1. The Final Development Plan Documents for this Development call for the
phasing of the construction of storm drainage improvements. The Developer shall
complete these improvements sequentially in accordance with said Final Development
Plan Documents starting with Phase 1 and ending with Phase 2. The sequential
completion of these improvements shall necessitate that the required overall site drainage
certification be done in phases in accordance with the following requirements:
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 the Developer in accordance with said Final Development Plan
Documents prior to the issuance of more than 92 building permits in Phase 1. No
building permit shall be allowed in Phase 1 construction for lots 29 through 40 until the
storm sewer shown to be part of Phase 2 is completed and certified. Phase 1 construction
shall include the overlot grading of the entire development site. Following the overlot
grading of the entire site, all the disturbed areas in Phases 2 that are slated for future
development 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 the Developer in accordance with said Final Development Plan
Documents prior to the issuance of building permits in lots 29 through 40. No building
permits shall be issued in the commercial site on Parcel A shown as being part of Phase 2
of this Development prior to the completion of all drainage improvements associated with
this phase of development.
Completion of improvements shall include the certification by a professional engineer
licensed in Colorado that the drainage facilities which serve any particular phase of
Development have been constructed in conformance with said Final Development Plan
Documents. Said certification shall be submitted to the City at least two weeks prior to
the date of issuance of additional building permits in each phase.
B. Subheading II (Special Conditions) Paragraph D.10 shall be replaced with the following
paragraph to read as follows:
10. Prior to the release of any building permits in Phase 2, or August 1,
2002, whichever is earlier the Developer shall have completed construction of the offsite
asphalt pedestrian path connection along the future extension of Big Dipper Drive and the
pedestrian path that runs north -south along the Development, east of Northern Lights
Drive from Frock Creek Drive to Kechter Road in accordance with the Final Development
Plan Documents.
C. Subheading Il (Special Conditions) Paragraph D.20 shall be added to read as follows:
20. The Developer shall have completed construction of the pedestrian
paths between lots internal to Phase t as follows:
(A) Prior to the release of more than sixty-two (62) building permits in
Phase 1, or the issuance of any certificate of occupancy for lots 6, 7, 19 and 20, whichever
is earlier, the Developer shall have completed construction of the pedestrian path internal
to Parcels AAA and ZZ in accordance with the Final Development Plan Documents.
(B) Prior to the release of more than sixty-two (62) building permits in
Phase 1, or the issuance of any certificate of occupancy for lots 281, 282, 290 and 291,
whichever is earlier, the Developer shall have completed construction of the pedestrian
path internal to Parcel Q in accordance with the Final Development Plan Documents.
(C) Prior to the release of more than sixty-two (62) building permits in
Phase 1, or the issuance of any certificate of occupancy for lots 299 and 300, whichever is
earlier, the Developer shall have completed construction of the pedestrian path internal to
Parcel T in accordance with the Final Development Plan Documents.
D. All other terms and conditions of the Development Agreement and Amendment No. I shall
remain unchanged and in full force and effect, except as expressly amended in this
Amendment Agreement No. 2.
2
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above
written.
ATTEST:
Ie
CITYCLERK
APPROVED AS TO CONTENT:
a
�4r City Engineer
APPROVE ASITO FORM:
Deputy City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: I .
City nager
DEVELOPER:
Village mes f Colorado Inc.,
a Color dco ration ,
i
By:
Peter Benson, Pre dent, Nortfern Division
WILLOW BROOK
AMENDMENT AGREEMENT NO. 3
THIS AMENDMENT AGRFEMENT NO. 3 is made and entered into this 90,day of
(*,7j—v,sw2_ , of 2002, by and between the CITY OF FORT COLLINS. COLOR.ADO. a
municipal corporation. ("`City"), and Village domes of Colorado. inc.. a Colorado cw poration.
("Dcycloper')_ and is an amendment to that certain Development Agreement dated August 13,
,OoI. and that certain Willow Brook Amendment Agreement No. I dated February 8. 2002 and
that certain Willow Brook Amendment A,rrccment No. p dated July 3. 2002 by and between the
Cite and the Developen all of which are hereinafter collectively referred to as the "Development
AereemcnL"
WFIERFAS, the City and the Developer previously executed the Development
A\(necment; and
WHEREAS, the parties presently desire to modify the Development Agreement:
NOW. THFREPORE, 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 if (Special Conditions) Paragraphs D.5.(B) and (C) shall be replaced with the
following paragraphs to read as follows:
(B) Quasar Way south of Full Moon Drive, and Eclipse Lane west of
Jupiter Drive, paid to the City prior to any building permits in Phase 4 of the
Development and
(C) Eclipse Lane east of Northern Lights Drive, paid to the City prior
to any building permits in Phase'_' of the Development.
11, Subheading II (Special Conditions) Paragraph D.7 shall be replaced with the following
paragraph to read as follows:
7. The Developer shall not be issued a building permit for Lots 52.
S. �n 95 of the Development until the temporary turnaround casement on these lots is
�'acatcd and the street improvements to Observatory Drive in front of these lots are
ccnnplcted includine curb. gutter. and sidcwatk in accordance with City standards.
C. 5uhhcadine 11 (Special Conditions) Paragraph D.8 shall be replaced with the following
paragraph to read as follows:
8. The Developer shall not be issued a building permit for Lots 3o
and ao of the 'Development until the temporary turnaround easement on this lot is vacated
and the street improvements to Galileo Drive in front of this lot are completed including
curb, gutter, and sidewalk in accordance with City standards.
D. Subheading 11 (Special Conditions) Parauaph D.9 shall be replaced with the following
paragraph to read as follows:
9. The Developer shall not be issued a building permit for Lot 147 of
the Development and no access shall be allowed off of Quasar Way from Lot 147 of the
Development as shown on the Final Development Plan Documents for this development
until Quasar Wa, has been completed with either improvements along the full Gontage of
the lot with a City approved temporary turnaround, or a permanent cul-de-sac. or
alternatively, until Quasar Way has been cstended to become a through street in
accordance with City standards. If a temporary turn around is provided, all necessary
casements shall be provided prior to acceptance of such turnaround and the issuance of
any building, permit on Lot 147 and allowance of access off of Quasar Way to Lot 147.
L. Subheading if (Special Conditions) Paragraph D.11 shall be replaced with the following
paragraph to read as follows:
11. Prior to the release of more than fifty-two (52) building permits in
Phase 3, the Developer shall have completed construction of all mid -block pedestrian
connections located in Phase 3 (internal to Parcels RR, SS, LL, VIM, O, P, and S) as
shown on the Final Development Plan Documents. In addition, no certificate of
occupancy shall be issued for any lot, that abuts Parcels RR. SS, LL, MM. O, P. or S
without a 5-illy constructed mid -block nedestrian connection adjacent to said lot.
F. Subheading II (Special Conditions) Paragraph D.12 shall be replaced with the following
paragraph to read as follows:
12. Prior to the release of more than forty (40) building permits in
Phase 4.. the Developer shall have completed construction of the mid -block pedestrian
connection located in Phase 4 internal to Parcel S as shown on the Final Development
Plan Documents. In addition, no certificate of occupancy shall be issued for lots 158 or
165 without the fully constructed mid -block pedestrian connection adjacent to said lots.
G. Subheading II (Special Conditions) Paragraph D.13 shall be replaced with the following
paragraph to read as Follows:
13. Prior to the release of more than twenty-two (22) building permits
;it Phase ilic Developer shall !lave completed construction of all mid -block pedestrian
connections located in Phase �5 (internal to Parcels f and 1;) as shown on the Final
Development Plan Documents. In addition, no certificate of occupancy shall be issued
Ibr lots , or 14 without the !idly .onstructed mid -block pedestrian connection
adjacent to said lots.
11. Subheading II (Special Conditions) Paragraph D.16 shall be replaced with the following
paragraph to read as follows:
I'. All phases must be constructed in numeric succession and no
construction can occur on any given phase until improvements to the proceeding phase
have been completed. No building permits will be issued within a given phase until the
streets and utiliq facilities within the preceding Phases have been completed in
accordance with Section I.C. of this agreement.
I. All other terms and conditions of the Development Agreement and Amendment Nos. 1 and 2
shall remain unchanged and in fill force and effect, except as expressly amended in this
;amendment Agreement No. 3.
IN WITNESS W1 IEREOF. the parties hereto have set their hands the day and year first above
written.
f TTEST:
CITY Y CLERK
APPROVED AS TO CONTENT:
A
,ram(i v Engineer
APPRO`:%ED TO FORM:
DcputyCnv 7ev
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: '0 - -
City Manager
DEVELOPER:
Villw'�-ye i omes of Colorado Inc..
a CogoKadk corporation
P ter Sens n. Pr ` ident, Northenn Division
WILLOW BROOK
AMENDMENT AGREEMENT NO.4
THIS AMENDMENT AGREEMENT NO. 4 is made and entered into this Lfra day of
At;C T of 2003, by and between the CITY OF FORT COLLINS, COLORADO, a
municipal corporation, ("City"), and VILLAGE HOMES OF COLORADO, INC., a Colorado
corporation, ("Developer"), and is an amendment to that certain Development Agreement dated
August 13, 2001, and that certain Willow Brook Amendment Agreement No. I dated February 8,
2002, and that certain Willow Brook Amendment Agreement No. 2 dated July 8, 2002, and that
certain Willow Brook Amendment Agreement No. 3 dated October 9, 2002, by and between the
City and the Developer, all of which are hereinafter collectively 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 B (Special Conditions) Paragraphs D.5.(B) shall be replaced with the following
paragraph to read as follows:
(B) Quasar Way south of Full Moon Drive, and Eclipse Lane west of
Jupiter Drive, paid to the City prior to any building permits in Phase 5 of the
Development; and
B. Subheading B (Special Conditions) Paragraph D.I1 shall be replaced with the following
paragraph to read as follows:
11. Prior to the release of more than thirty-two (32) building permits in
Phase 3, the Developer shall have completed construction of all mid -block pedestrian
connections located in Phase 3 (internal to Parcels LL, MM, O, P, and T) as shown on the
Final Development Plan Documents. In addition, no certificate of occupancy shall be
issued for any lot that abuts Parcels LL, MM, O, P, or T without a fully constructed mid -
block pedestrian connection adjacent to such lot.
C. Subheading II (Special Conditions) Paragraph D.12 shall be replaced with the following
paragraph to read as follows:
12, Prior to the release of more than thirty-four (34) building permits
in Phase 4, the Developer shall have completed construction of all mid -block pedestrian