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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