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Home My WebLink AboutPROVINCETOWNE THIRD AMENDMENT AGREEMENT # 2 - Filed DA-DEVELOPMENT AGREEMENT - 2011-05-25RECEPTION#: 20110028777, 05/16/2011 at 11:04:19 AM, 1 OF 6, R $36.00 TD Pgs: 0 Scott Doyle, Larimer County, CO PROVINCETOWNE FILING NO. 3 AMENDMENT AGREEMENT NO. 2 THIS AMENDMENT AGREEMENT, made and entered into this z 16—. day of �-_ 2011, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and Provincetowne West LLC, a Colorado limited liability company, Community Resources Residences Enterprises, Inc., a Colorado nonprofit corporation, and Trilby 6608, LLC, a Colorado limited liability company, hereinafter referred to collectively as the "Developer." WITNESSETH; WHEREAS, the City entered into a Development Agreement with KB Home Colorado, Inc. (as "Developer") on November 21, 2006, 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: Provincetowne Filing Three, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Development Agreement was amended by Amendment Agreement No. 1 on May 3, 2007. WHEREAS, the parties presently desire to again modify the Development Agreement by this Amendment Agreement No. 2; 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.l.f) through C.l.i) as contained in Amendment Agreement No. 1 shall be replaced with the following: f) All on -site and off -site storm drainage improvements associated with Phase 4C 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 8 building permits in Phase 4C of the Development. Phase 4A, 413, and 4D storm drainage improvements shall be built before the start of any Phase 4C construction activity. g) All on -site and off -site storm drainage improvements associated with Phase 4D of this Development, as shown on the Final Development Plan Documents, shall be completed by City Clerk's Offire; sort Collins Coioradc the Developer in accordance with said Final Development Plan Documents prior to the issuance of more than 12 building permits in Phase 4D of the Development. Phase 4A storm drainage improvements shall be built before the start of any Phase 4D construction activity. h) All on -site and off -site storm drainage improvements associated with Phase 4E 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 8 building permits in Phase 4E of the Development. Phase 4A, 413, 4C and 4D storm drainage improvements shall be built before the start of any Phase 4E construction activity. i) All on -site and off -site storm drainage improvements associated with Phase 5 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 any certificate of occupancy in this commercial Phase 5 of the Development. j) In all cases, 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 C.10 shall be added as follows: 10. The Developer shall be responsible for the maintenance of stormdram line B2 that is to be constructed by the City Parks Department that carries flows from the back of the lots on the west side of San Juan Drive. The Developer shall repair or replace, as appropriate, any sidewalk, drives or paths to Parks Department standards that maybe disturbed by this work. C. Subheading 11(Special Conditions) Paragraph DA. as contained in Amendment Agreement No. 1 shall be replaced with the following: 4. Phases 1 B, 4A and 5 of this Development may be constructed at any time because Phases 113, 4A and 5 are not dependent on any other phase for infrastructure improvements. Construction of Phases 1, 2 and 3 of this Development must be done in sequential order and cannot occur until all improvements for Phase I have been completed. Phase 4A must be constructed prior to phase 4B. Phase 4A and 4B must be constructed prior to Phase 4C. Phases 4A and 4B must be constructed prior to Phase 4D. Phases 4A, 413, and 4C must be constructed prior to Phase 4E. No building permits will be issued within Phases 2 and 3 until the streets and utilities within the preceding phases have been completed in accordance with Section I.C. of this agreement. D. Subheading II (Special Conditions) Paragraph D.9 through D.12 shall be added as follows: No vehicular access to Lot 16, Block 7 shall be allowed off of Snowy Plains Road until such time as it is extended through with Phase 4E. 10. As a part of Phase 4E the Developer shall be responsible for the installation of the curb and gutter along Eden Ridge Lane and Snowy Plains Road. The City Parks Department will install the sidewalk along the frontage of the City property at the time of the park development. The Developer shall tie the sidewalk on Snowy Plains Road into this sidewalk. Upon completion of the curb and gutter and acceptance of such by the City, the Parks Department shall be responsible for the final landscaping and irrigation of the parkway adjacent to the park property. The Developer shall coordinate with the City and if the roadway completion is done at such time as it will be the next season when the Parks Department can install landscaping in this area the Developer shall provide the proper erosion control measures. The Developer shall repair or replace as appropriate any sidewalk, drives or paths to Parks Department standards that maybe disturbed by this work. 11. As a part of Phase 3 the Developer is responsible for removing the existing cul-de-sac and extending Bellewood Lane, including the curb, gutter, sidewalk, inlets and stormdrain B1 and completion of the fill and fine grading adjacent to and across the park property. The City Parks Department shall be responsible for the installation of the final landscaping and irrigation of the park property and the parkway adjacent to the park property. The Developer shall coordinate with the City and if the roadway completion is done at such time as it will be the next season when the Parks Department can install landscaping in this area the Developer shall provide the proper erosion control measures. E. Subheading H (Special Conditions) Paragraph L shall be added as follows: L. Park Planning and Development Upon completion and acceptance of Eden Ridge Lane (as shown on the plans to be constructed as a part of Phase 4E of the Development) by the City, it shall reimburse the Developer for the "park portion" of the roadway construction adjacent to Outlot I of Provincetowne PUD Filing No. 2, upon receipt by the City of copies of paid invoices for the roadway construction. Upon completion and acceptance of Bellewood Lane (as shown on the plans to be constructed as a part of Phase 3 of the Development) by the City, it shall reimburse the Developer for the "park portion" of the roadway construction adjacent to Outlot I of Provincetowne PUD Filing No. 2, upon receipt by the City of copies of paid invoices for the roadway construction. These invoices shall be submitted to the Park Planning and Development Department. F. Section III (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: Provincetowne West, LLC Attn: Douglas Hill, Chief Operating Officer 2725 Rocky Mountain Avenue, Ste. 200 Loveland, CO 80538 And: CARE Housing Attn: Chadrick D. Martinez, Executive Director 1303 W. Swallow Road, Building 11 Fort Collins, CO 80526 And: Trilby 6608, LLC 123 N. College Ave, Ste. 350 Fort Collins, CO 80524 G. All other terms and conditions of the Development Agreement (as amended by Amendment Agreement 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 executed this agreement the day and year first above written. A i (l CITY C ER 1, APPROVED AS TO CONTENT: —city Engine . PR ED AS TO FORM: Deputy City Attorney THE CITY OF FOR��OLLINS, COLOR-ADO, a Municipal Corpora By:-%.,=,, City Manager 4 DEVELOPER: Provincetowne West, LLC, a Colorado limited liability company By: McWhinney Real Estate Services, Inc., a Colorado corporation, manager 7 Dougl s 11, Chief Ope ating Officer ATTFkST: \ JO5 Y/' vvei, SeereSTATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoin instrument was acknowledged before me this g� day of ri 2011 by 1�vevi:u-roc w.�Nk��., y s u [name of business entity] bys_ y[name of secondary business entity] manager eneral artner, member, etc, select one] by _ 17�u ,t as [name of person signing] as `"k' I'' �61� '[title of person signing] and by [name of other person] as G -�f [title of other person] of elf iLc� [name of business entity]. 0 fA-C.„ Notary Public My Commission Expires: r.t -2 1 �y 3 a-0--m PMLIC my Cmm. .hone Z7Z7. Ex Community Resources Residences Enterprises, Inc., a 2013 Colorado nonprofit corporation By: _!M w—�--� Mark Holmes, Executive Director I ATTEST: P v.r, 1),Secretary STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this .2 day of ► 2011, by j1 ai-k (� � � ., [name of person] as x,,44,, .- rec i r- [title of person] and by [name of other person] as [title of other person] of [name of business entity]. My Commission Expires Tril STATE OF COLORADO ) ss. COUNTY OF LARIMER ) No ary 1'ublie. Yr� . �., .� tieAA ` D "A ANNE OLIVER NOTARY PUBLIC, STATE OF COLORADOrig W, The foregoing instrument was acknowledged before me this 28�d 2011, b ay ofyle � , y ► [name of person] as tw �'l�i'I R A Oitof p n] of %f?� �L[name of business entity]. My Commission Expires g 2ois otary Pu