Loading...
HomeMy WebLinkAboutWATERGLEN PUD - Filed OA-OTHER AGREEMENTS - 2004-03-12ADDENDUM TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF FORT COLLINS, COLORADO AND PATRICK B. ROCHE DATED NOVEMBER 23, 1998 'I his Addendum is executed this v clay off <li !/f/ , 2002. by and between The City of Fort Collins. a municipal corporation ("the City"), and Waterglen. L.L.C., a Colorado limited liability company (the "Developer"). WITNESSE'I ll: WI IFRFAS, on November 23, 1999. the City and Patrick B. Roche ("Roche"). an individual and then -owner of Waterglen P.U.D.. a subdivision of the City of Fort Collins, County of Larimer, State of Colorado e,ccorciing to the plat recorded in the office of the Larimer County Clerk and Recorder on Dccanbar 15, 1998 at Reception No. 98109875 (the "project"), entered into a Development A�zrecment (the "Agreement') in connection with the Project: and 'XI WIZEAS, subsequent to the cxccution of the Agreement. IZochc sold the Project in its entirety to the Developer; and WI IEREAS. the Developer and the City ❑ow desire to amend the Agreement. NOW, 1'1IERI FORE, in consideration of the promises oftire parties hereto and other-ood and valuable consideration, the receipt and adequacy of which are hereby ncknowledeed, it is agreed as follows: I . Basements. The Project has not been designed for basements without subdrains. If an applicant for a huilding permit desires a basement to be built on any lot within the project, then prior to the issuance ofa building permit for such lot. the applicant shall submit such information as is customarily and usually t'cquested by the City to demonstrate the viability of the proposed ba9eme11t, with or A%ithout a subdrain. 2. Floodplain Permits for SinLlc Familv Lots. The Developer and the City agree that Mallv-six (1--0) single-Iarink lots in the Project. which lots are identified on 1(xhibit A attached hereto and incorporated herein by this reference, are located within a City flood plain (the "flood Plain Lots") and will require the issuance ofa City Flood plain use permit prior to the issuance of a building permit. Additionally, prior to the issuance of a certificate of occupancy or Letter of Completion for any o[the flood plain Lots. a lot grading certification shall be suhmitted to theCity. It is further agreed by the Developer and the City that it is possihle to fill and regrade a numhcr of the Flood plain Lots to an elevation above the hase flood plain elevation. Upon completion ol'the filling and regrading work and submission of acceptable evidence thereof to the ('its-. the regraded lots shall be removed from the flood plain and shall 110 longer be subject to the requirements of this Paragraph 2. '1 lie elevation of the lowest floor. including the bottom of hascmcnl and crawl space. for any lot that remains in the flood plain must beat Icast 1.5 Icct above base hood elevation. >. Ploodplain Permits for Multi -family Tracts. 'tract O of the Project, which tract/ is approved for multi- fainily development on the plat of Waterglcn P.U.D.. is partially Within a City flood plain, malting it necessary that a flood plain use permit be issued fin' Tract O prior to the issuance of a building permit for any ol'the multi-ftmity buildings to he located thereon. In lieu thercof', the Developer and the City agree that flood plain use permits must only be obtained by the oWncrs of those individual nwlti-family buildings Within Tract O which tine to be constructed either wholly or partially within the City flood plain. The Developer and the City further agree that the Developer shall give notice of potential flooding of the parking areas in Tract O during a 100-year storm event by erecling permanent notification signs in each parking area prior to the issuance of a certilicate of occup:mcy for any of the multi -family buildings. The homeowners' association for each tract shall be permanently responsible for the maintenance and replacement of such signs. The City has given final approval to a replat of Tract P of the Waterglcn P.U.D... which has resulted in the removal of I Tact P in its entirety from the City flood plain. 4. County Road 9E Contributions. In accordance with the approved Final development plans, the Developer has improved that section of Vine Drive adjacent to the Project and continuing west to its intersection with County Road 9E. fn full satisfaction ofall of the Developer's remaining ohligations for oil, site improvements. the Developer agrees to pay its proportionate share of the costs of the NI? Arca Overlay Improvements as estimated in that document entitled °Interim I nlprovcmcnts Ibr ('aunty Roads 91{ and 1 1 " prepared by the Fort Collins I�:ngincering Department. which is attached hereto as Exhibit 11 and incorporated herein by this reference. Such costs shall be assessed on a per lot hasis at the time of issuance of the remaining huilding permits with the Project. 5. Cooper Slough. Notwithstanding the parties' prior contemplation that the Developer would dedicate certain property within the Project referred to herein as fhc Cooper Slough. and legally described as 'I Tact B, Waterglcn P.U.D.. the Developer and the City mutually agree that the Coopa- Slough shall be retained by the Developer or the homeowner's association for the Project. and further agree as follows: (a) Installation of Additional Stormwa_ter Facilities. In accordance with that letter agreement between the City and the Developer dated April 25. 2000 (the "Letter Agreement"1 the Developer deposited cash in the amount of 553.210 into escrow with the City to guarantcc installation of (if a subsurface underdrain system in Detention Ponds C. D, 1 and F in accordance with the Underdrain System Design approved by the City on June 22. 2000 as Shect 831 of the final utility plans of Waterglcn PA LI). (the "underdrain system"); Mid (ii I a redesigned orifice plate on the water quality stucturc at the southwest corner of Detention Pond F. which facilities are collectively referred to herein as the "Improvements". Installation of' the Improvements was completed by the Developer's contractor in coordination with the City on approximatcly November 15, 2000. "rhe City has acknowledged that the Improvements were installed in accordance with the approved plans therefor and have released the escrowed amount of $51,230 to the Developer. The City acknowledges that all obligations of the Developer with regard to the Improvements have been satisfied in full. (h) I{scrow for Perforated Pipe. Pursuant to the better Agreement the Developer deposited cash in the amount of $5.600 into escrow with the City to guarantee installation of a pertorated pipe in the storm channel that flows west into Detention Pond D. Subsequent to the date ofthe Letter Agreement, it was mutually agreed by the City and the Developer that the perforated pipe should not be installed unless the results of the monitoring conducted pursuant to Subparagraph 5(c) below conclusively determined the need therefor. The City herchy acrecs to release the Developer from any further ohligation to install the perforated pipe_ and the City has released to the Developer the escrowed funds in the amount of$5-600. (c) Monitoring Plan. In accordance with the approved Revised Cooper Slough Monitoring Pla❑ dated April 25. 2000, and all subsequent amendments thereto (the "Monitoring Plan'). the Developer has, since February 13, 2001, conducted monthly monitoring of the Cooper Slough to evaluate the impact of 111oundwater seepage from Detention Ponds C, D, I?. and F of the Project. Based on the results of such periodic monitoring and submission of the final monitoring measurements taken in mid -September, 2002 and a letter report sununariring the results and conclusions of the monitoring, the Cih and the Developer mutually agree that the Developer's obligation to monitor the Cooper Slough has been satisfied in full. 6. Paragraph I I. D. of the Agreement shall be amended by the addition of the following paragraph: 11. As part of the off -site East Vine Drive street improvements the Developer is obligated to complete all of the improvements in accordance with the approved final development plan documents including the reconstruction of the railroad crossing at the Burlington Northern Santa Fe Railroad (" BN'SF") tracks and relocation ofrailroad signals to accommodate the street widening. Based upon estimates ol'the Dcacloper's engineer and the Citv's kwinecring and Street Departments_ the Developer and fhc City mutually agree that the Developer shall deposit the sum of Ninety -Five Thousand Dollars ($95,000.) with the City within sixty (60) clays after execution ofthis Addendum for the Cily's use in completing the rcconsu-uction of the railroad crossing and in full satisfaction of the Developer's obligation to reconstruct said railroad crossing. 'fhe City shall he responsible forcontracting with the BNSF to reconstruct the crossing and loi-completingany aclditionat work_ including pavement, sniping. grading, seeding and traffic control and the Developer shall have no responsibiliiv therefor. Upon completion of the work by the BNSF and the City.. any remaining funds shall be promptly returned to the Developer. 7. Any oi'the Developer's obligations under this Addendum, unless otherwise prohibited herein, may be assigned to the homeowner's association for the project. 3 S. Paragraph M.N. of the Agreement shall be amended to provide that any notice or communication related to the Agreement or this Addendum shall be given to the Developer at the address set forth bclova: I f to the Developer: Waterglen, L.L.C. Attn: Ken Crumb P.O. Box 337600 Greeley, CO 80633 9. Binding, Effect. With the exception of the above -referenced amendments. all other provisions of the Agreement shall remain in full force and effect and continue to bind the parties hereto. Dated the date first above written. C`IIY: A'ITlI SI: city Clerk APPROVED AS'f0 CONTENT: (?fi, /y tiY_ City Fnginecr TIIE CITY OF FORT COLLINS, COLORADO, a municipal corporation By: Q42— 1 , �L-dl, i'.i John V Fischbach. Citv Manager 4 APPROVF AS TO FORM: Dcputy City Attorney DINITOPER: S'I A IT OF COLORADO ) > ss. C'OIJN'I'Y OF 44rrotar- ) WAT> RGLftN, L.L.C., a Colorado limited liability company rev: `��YJ �z /` 'Ken Crumb, Manager 'I he foregoing was acknowledged before me this gl day ofL��LP_y, 2002. by Ken Crumb. Manager of Waterglen. L.L.C., a Colorado limited liability company. Witness my hand official seal. ! � *ublic Bar13 ra i My Commission expires: 4 C chScndorf OF I' IU I'( I Al AR()( I II N AI rR(,I I NANA'I1 RUT Addcnduni, 10.30 RcN i,cd Addendumdoc 5 EXHIBIT Table 1 Listing of W'aterglen P.U.D. Single Family Home Lots Requiring Floodplain Use Permit Lot Number Base Flood Elevation (1) Minimum Lot Elevation (2) I Will Not Require Floodplain Use Permit Requires Floodplain Use Permit 1 4951.4 4956.8 2 4957.9 4957.3 83 49579 4957.4 87 4957.6 4957.3 88 4957.7 4957.1 f 89 4957.5 4956.8 90 4957.7 4956.6 91 4957.8 4956.4 92 4957.8 4956.3 93 4957.6 4956.2 94 4957.7 4956.0 95 4957.5 4955.9 96 4957.7 4955.9 97 4957.5 4956.6 98 4957.6 4956.7 J 99 4957.8 4957.9(3) 102 4957.7 4957.8(3) 103 4957.8 4957.9(3) 104 4957.9 4957.9(3) 108 4957.6 4957.4 111 4957.7 4957.7(3) 112 4957.9 4957.3 113 4957.9 4957.3 114 4958.0 4957.6 115 4958.0 5958.0(3) 121 4958.0 1 4957.7 Notes: (1) Base flood elevations correspond to the 100-year developed floodplain elevations plotted on the site grading plan (November 1998). (2) Minimum lot elevations derive from the site grading plan (June 1999), unless otherwise ncted. (3) Lots to be regraded with fill such that final lot elevations are not exceeded by the base flood elevation. x: \914503\Ooodplaio nblc.doc C W ul Q Q z z_ O U 0 F- r Z cW C W O O• w W z 2 �I I nl N NIN�N rn NI IN INI w C � m1 � w EMI N a O Y\ M N M N M N N N r r mai � � m n of o ^I ^ N H1 w N M N V\ N N N N N w c l f N N N N w N Vl M N N M N N N O O m 1-I r • m � • c r m 'm o - m n ry Ot N c o • a+ ^ o r m - r m 0 o c o, m ry N n m 0 m ry N N N N N N - - �� 9 •D N 1� 1 � '� n f^l .l Vll •n N N M N N MI - N •G •O m I N Q A