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HomeMy WebLinkAboutOVERLOOK AT WOODRIDGE PUD FOURTH - Filed OA-OTHER AGREEMENTS - 2004-01-13AGREEMENT REGARDING COLLATERAL FOR EROSION CONTROL This Agreement, effective the 2ry day of YM AY , 1999, by and between Woodridge Development, LLC, a Colorado limited liability company ("Woodridge") and the City of Fort Collins, Colorado, a Colorado municipal corporation (the "City"), WITNESSETH THAT, WHEREAS, Woodridge is the developer of The Gates at Woodridge, P.U.D., Fourth Filing, and The Overlook at Woodridge, P.U.D. Fourth Filing, Fort Collins, Colorado (the "Projects"); and WHEREAS, Woodridge is required under City regulations to provide erosion control forthe Projects as approved by the City's Stormwater Utility; and WHEREAS, Woodridge is also required to post collateral to secure the accomplishment by Woodridge of its erosion cool obi ations in accordance with the Development Agreement ntr between the parties dated 1x � � and WHEREAS, the amount of security to be posted is S59,159.00, representing $36,225.00 for The Gates at Woodridge, P.U.D., Fourth Filing, and S22,934.00 for The Overlook at Woodridge, P.U.D., Fourth Filing and S -0- being the penalty amount for early withdrawal; and WHEREAS, the collateral to be posted will be a certificate of deposit at First National Bank in Fort Collins, and the parties are desirous of reducing to writing their understandings with regard to such collateral. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: Woodridge shall establish at the First National Bank of Fort Collins, N.A., i ,ertifrcate of deposit in the amount of S59,159.00. Woodridge shall, through an assignment of certificate, power of attorney, or other appropriate means acceptable to the City, provide for the City to have sole and ready access to the certificate of deposit's principal funds in the event Woodridge defaults on its obligations to the City with regard to erosion control and other related improvements in the Projects (the improvements). As progress is made on the construction of the above -described improvements, Woodridge may request a reduction in the amount of security in accordance with the Design Criteria and Construction Standards of the Stormwater Utility. Upon receipt of such a request, the City shall verify the completion of the improvements and permit the substitution of an approved security instrument. No other requests for reduction may be made. In no event shall any reduction result in the principal funds of the certificate of deposit being reduced to less than twenty -live (25) percent of the original principal amount of the certificate of deposit (S59,159.00). If the total principal funds of the certificate of deposit are insufficient to complete all of the said improvements, the City shall have no liability for payment therefor or completion of Woodridge's obligations, which obligations shall remain with Woodridge and shall be fully performed by Woodridge. 4. Upon completion and final acceptance of the aforesaid improvements, and upon posting of the necessary collateral to secure accomplishment of the provisions of the maintenance and repair guarantees, all remaining principal funds of the certificate of deposit shall be released to Woodridge through such documentation as is reasonably required by Woodridge and the First National Bank of Fort Collins, N.A. Authorization by the City of any reduction shall not relieve Woodridge of its responsibility to correct anv defects in the work or to correct any work not installed in accordance with the Final development plan documents or to repair any work destroyed or damaged by natural events or other causes. Each of the parties hereto, for itself and its respective successors, agrees to execute and deliver any and all instruments and documents and do any acts or things reasonably necessary, proper or appropriate for the full performance and due effectuation of this agreement. This agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties. This agreement shall be governed under the laws of the State of Colorado. IN WITNESS WHEREOF, the parties' authorized representatives have hereinbelow set their hands, effective the date first above written. WOODRIDGE DEVELOPMENT, LLC, CITY OF FORT COLLINS, COLORADO, a Colorado t i d liability company a Colorado municipal corporation, By �� By:i,Q :yl.'� aget —� Manager City Manage1� U Attest: �L, City Clerk Approved as orm: Deputy City Attorney AGREEMENT REGARDING COLLATERAL FOR STORM SEWER, WATER AND SANITARY SEWER, AND STREET SYSTEM IMPROVEMENTS This Agreement, effective the day of M , 1999, by and between Woodridge Development, LLC, a Colorado limited liability company ("Woodridge") and the City of For, Collins, Colorado, a Colorado municipal corporation (the "City"), WPI'NESSETH THAT, WHEREAS, Woodridge is the developer of The Overlook at Woodridge, P.U.D., Fourth Filing, Fort Collins, Colorado, Phase II, Lots 31-49, 53-62, 77-33 (the "Project"); and WHEREAS, Woodridge is required under City regulations to provide storm sewer, water and sanitary sewer, and street system improvements for the Project as approved by the City's Engineering Department; and WHEREAS, Woodridge is also required to post collateral to secure the accomplishment by Woodridge of constructing public infrastructure consisting of its storm sewer, water and sanitary sever, and street system improvements obligations and other related i movements in accordance with the Development Agreement between the parties dated ��G I ;and WHEREAS, the amount of security to be posted for these purposes is S204,044.95, representing S'_04,044.95 for the accomplishment of the work plus S -0- being the penalty amount for early withdrawal; and WHEREAS, the collateral to be posted will be a certificate of deposit at First National Bank n For Collins, and the panics are desirous of reducing to writing their understandings with regard to such collateral. NOW, THEREFORE, in consideration of the mutual covenants herein, the parries agree as follows: Woodridge shall establish at the First National Bank of Fort Collins, N.A., a certificate of deposit in the amount of S204.044.95. Woodridge shall, through an assignment of ccniflcate, power ofattomev, or other appropriate means acceptable to the City, provide for the Ciri to have sole and ready access to the certificate of deposit's principal funds in the event Woodndge defaults on its obligations to the Citywith regard to storm sewer, water and sanitari sewer, street system improvements and other related improvements in the Project (the public infrastructure). As nro«ess is made on the construction of the above -described public infrastructure, Woods,,die may request a reduction in the amount of secunty in proportion to the actual completion percentage afthe installed public infrastructure. upon receipt of such a request, the City shall verify the completion percentage and permit the substitution of an approved security instrument in an amount equal to the cost of Woodridge's portion of the remaining public infrastructure to be completed. Said reductions may only be requested at the time of initial acceptance or at the time of final acceptance by the City of the following components of said public infrastructure: (A) water utility infrastructure (B) wastewater utility infrastructure (C) stormwater utility infrastructure (D) street system infrastructure. No other requests for reduction may be made. Reductions may be permitted by the City in the amount of up to one hundred (100) percent of each component of the public infrastructure improvements completed and accepted by the City provided, however, that in no event shall any reduction result in the principal funds of the certificate of deposit being reduced to less than twenty-five (25) percent of the original principal amount of the certificate of deposit (S204,044.95). If the total principal funds of the certificate of deposit are insufficient to complete all of the said public infrastructure improvements, the City shall have no liability for payment therefor or completion of Woodridge's obligations, which obligations shall remain with Woodridge and shall be fully performed by Woodridge. Upon completion and final acceptance of the aforesaid public infrastructure improvements, and upon posting of the necessar✓ collateral to secure accomplishment of the provisions of the maintenance and repair guarantees, all remaining principal funds of the certificate of deposit shall be released to Woodridge through such documentation as is reasonably required by Woodridge and the First National Bank of.Fort Collins, N.A. Authorization by the City of any reduction shall not relieve Woodridge of its responsibility to correct anv defects in the work or to correct any work not installed in accordance with the final development plan documents or to repair any work destroyed or damaged by natural events or other causes. Each of the parties hereto, for itself and its respective successors, a_rees to execute and deliver anv and all instruments and documents and do any acts or things reasonably necessary, proper or appropriate for the full performance and due effectuation of this agreement. This agreement shall be binding upon, and shall inure to the benent of, the successors and assigns of the parties. This agreement shall be governed under the laws of the State of Colorado. N WITNESS WHEREOF, the parties' authorized representatives have hereinbelow set their hands, effective the date first above written. WOODRIDGE DEVELOPMENT, LLC, a Colorado limited liability company By: CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation, i Y: City Mane J 4 Ap=vedform: Deputy City Attorney THE OVERLOOK AT WOODRIDGE P.U.D., FOURTH FILING (PHASE I) AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT, made and entered into this/ *day of�nlr�iu�' of 199�, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, (`City") and B & N INVESTMENTS, INC., a Colorado corporation, DBA Woodcraft Homes (`Developer"), is an amendment to that certain Development Agreement dated January 26, 1996 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 are presently desirous of modifying 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 agree that subheading II (Special Conditions) Paragraph C. shall have the following sub -paragraphs added to read as follows to wit: 7. The Developer has failed to complete certain required portions of the approved erosion control plans for this development which are mandated by the Development Agreement. Current weather conditions make it physically impossible for the Developer to do so at this time. The City and Developer agree that erosion control is an important element in the protection of existing lands, streams, lakes, wetlands, and rivers that may be adversely impacted by sediment - laden runoff resulting from construction activities. The City and the Developer agree, therefore, that no building permits for this development will be issued until the following conditions are met: 1) all required straw bale check dams shown on approved erosion control plans are installed per City specifications; 2) all gravel inlet filters shown on the approved erosion control plans are installed per City specifications; 3) the City Stormwater Department shall be contacted when these installations are complete in order that they can be inspected for compliance with City specifications and project plans and the Developer shall immediately correct any installations or portions of installations which are not per City specifications and project plans; and 4) The Developer shall have in place a signed contract with a qualified reseeding/mulching contractor stipulating that the seeding and straw mulching of all areas which have been stripped of vegetation will be completed per City specifications and the approved erosion control plans for this development as soon as snow cover is sufficiently gone and the soil sufficiently thawed to accomplish this work. The determination of the time when the soil is sufficiently free of snow and sufficiently thawed shall be made by the City Stormwater Department in conjunction with the reseeding contractor. If there is disagreement on this issue, the determination made by the City Stormwater Department shall be controlling . When these conditions are met, the City and the Developer agree that no more than 5 building permits (in addition to the 3 which were released previous to this amendment) will be issued until such time as the reseeding/mulching has been completed. 8. The City and the Developer agree that if at any time after their installation and approval the required straw bale check dams and inlet filters are not properly maintained per City specifications, any building permits and/or certificates of occupancy not yet issued for the development shall be withheld until such time as required repairs are made. Except as modified above, all other terms and conditions of the Development Agreement shall remain unchanged and in full force and effect. IN WITNESS WIIEREOF, the parties hereto have set their hands the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, a MunI'lorporation By: I. City Wriager ATTEST: CITY CLERK APPROVED AS TO CONTENT: Director of Engineering As istant City Attorney DEVELOPER: B & N INVESTMBNTS. INCaa Colorado 0 AT 0 Gary (corporate seal) ASSIGNMENT AGREEMENT This Agreement made and effective this ZS�" day of May, 1999, by and among Woodridge Development, LLC, a Colorado limited liability company ("Woodridge"), First National Bank of Fort Collins, N.A. ('Bank") and the City of Fort Collins, Colorado (the "City"), witnesseth that in consideration of the mutual covenants herein and other good and valuable consideration, the mutual receipt of which is hereby acknowledged, the parties agree as follows: Woodridge hereby assigns to the City that certain certificate of deposit known by identification number 100 11 V Z which Woodridge has arranged to establish with the Bank, such assignment to be for the purposes herein described. The City shall have sole and ready access to the principal funds of the certificate of deposit in accordance with that certain agreement between the City and Woodridge regarding collateral security, a copy of which is attached hereto as Exhibit "A". In the event the City shall notify the Bank in writing that Woodridge is in default of that certain Development Agreement between Woodridge and the City dated 2 7. jq� , concerning storm sewer, water, sanitary sewer, and street system improvements in the Overlook at Woodridge, PUD, Fourth Filing, Fort Collins, Colorado, Phase II, Lots 31-49, 53-62, 77-88 (the 'Project"), and that the City has provided written notice to Woodridge of such default as described in said Development Agreement, and Woodridge has not satisfactorily cured such default, then the City may apply to the Bank for release of such amount of the funds held in the certificate of deposit as will, in the judgment of the City, pay for the completion of defaulted improvements in the Project for which Woodridge is responsible. The Bank will redeem the original certificate of deposit with a penalty (which penalty shall not invade the principal amount of the certificate of deposit) when the City notifies the Bank of default. The remaining funds will be reinvested at the current rate applicable to the term chosen. A new assignment will be required for the new certificate of deposit. 4. Except in the event of default by Woodridge under its Development Agreement with the City, the monies in the certificate of deposit shall remain under deposit for the benefit of Woodridge, and all interest earned thereunder shall accrue and inure to the benefit of Woodridge. The certificate of deposit shall be a nine (9) month instrument with rollover provision. 5. Upon complete satisfaction of the terms of this Assignment, Woodridge and the City will provide a written release of liability to the Bank. IN WITNESS WHEREOF, the parties' authorized representative have hereinbelow set their hands, effective the date first above written. WOODRIDGE DEVELOPMENT, LLC, a Colorado limited liability company FIRST NATIONAL BANK OF FORT COLLINS, N.A. By: $ _ Manager Authorize O�fficeif CITY OF FORT COLLINS, COLORADO By: , ' Authorized Agent APPROVED AS TO FORM: Deputy City Attorney