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Home My WebLink AboutWATERFIELD PUD SECOND FILING - Filed DA-DEVELOPMENT AGREEMENT - 2006-08-15WATERFIELD FILING NO.2 AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT, made and entered into this _61 day of May, 2006, by and among the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and COUNTRY CLUB FARMS, L.L.C., a Colorado limited liability company, hereinafter referred to as the "Developer," and POUDRE SCHOOL DISTRICT R-1, a political subdivision of the State of Colorado, hereinafter referred to as the "School District." WITNESSETH; WHEREAS, the City entered into a Development Agreement with Country Club Farms, L.L.C., a Colorado limited liability company on March 6, 2003 (hereafter referred to as the "Development Agreement"), the terms of which govern the development activities of the Developer pertaining to that certain real property situated legally described f follows, State of Colorado, (hereafter referred to as the "Property") 9 Y to wit: WaterField P.U.D. Second Filing, located in West ''Y2 of Section 5, Township 7 North, Range 66 West of the 6 P.M., City of Fort Collins, County of Larimer, State of Colorado (with the exception of Tract I and Tract J); and WHEREAS, since the original execution of the Development Agreement, certain anticipated changes to the Landscape Plan, to be embodied in a minor amendment to the Final Development Plan Documents, have been determined by the parties to be no longer desirable or necessary; and WHEREAS, in light of the foregoing, 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 I, shall be deleted in its entirety and replaced with the following: 1. The City and the Developer acknowledge that the Landscaping Plans included as part of the Final Development Plan Documents, may be ambiguous with respect to the extent of certain fencing required thereupon. Consequently, in order to eliminate any ambiguity and document the agreement of the parties with respect to said fencing requirement, the parties acknowledge and agree that the Developer shall be responsible for installation of a 4' westem 3-rail fence with mesh adjacent to the rear lot lines of Lots 1 through 30, and Lots 31 through 39, inclusive, all of the Second Filing, in accordance with the Landscape Plans (the "Fence"). The Fence shall be maintained permanently by the Developer or, if assigned thereto, the homeowners' association for the Second Filing, to ensure its structural integrity and functional operation, and to prevent any such improvements from posing a danger or unreasonable risk to the general public. ions of the velopmnt Agreement shall B. unchanged lrterms and infullll foorrce'tand effect, eDxecept aseexp expressly amended remain this Amendment Agreement No. 1. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. Clerk APPROVED AS TO THE CITY OF FORT CO INS, COLORADO, a municipal c rpo tion By C C., City Manager SEAL DEVELOPER: COUNTRY CLUB FARMS L.L.C., a Colorado limited liability company 2 I i 4 POUDRE SCHOOL DISTRICT R-1, a political subdivision of the State of Colorado FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT This FIRST AMENDMENT to Purchase and Sale Agreement ("First Amendment") is made and entered into, effective as of the 1 lth day of March, 2006, by and between COUNTRY CLUB FARMS, L.L.C., a Colorado Limited Liability Company, hereinafter referred to as "Developer", and THE CITY OF FORT COLLINS, a Municipal Corporation, hereinafter referred to as the "City". WHEREAS, on March 10, 2003, the Developer and the City entered into that certain Purchase and Sale Agreement (the "Agreement') pursuant to which the Developer agreed to convey to the City, upon certain terms and conditions, Tract K and Tract M of Waterfield P.U.D. Second Area al Area Tract M onh tracts Exhibits 'are legally described attached hereto and areerreferred tocollectively cttivel herein as the "Natural Area Property"; and WHEREAS, Waterfield P.U.D. Second Filing (referred to herein s m the ty'"Secondh Filing"), li g")and a development for which the Developer obtained final approval WHEREAS, it was and is the intent of the parties that the Developer would complete certain drainage, landscaping and fencing improvements as described in Paragraphs 6 and 7 of the Agreement, and that closing on the conveyance to the City of the Natural Area Property would occur within ninety (90) business days following completion of the drainage, landscaping and fencing improvements required under Paragraphs 6 and 7 of this Agreement and the City's acceptance thereof; and WHEREAS, the Agreement further requires that said drainage, landscaping and fencing improvements be completed by the Developer no later than three (3) years after the date of the Agreement; and WHEREAS, progress on the Second Filing has been delayed, and the time for completion of the required improvements has elapsed; and WHEREAS the parties desire to extend the time for completion of the required improvements for an additional year; and WHEREAS, the parties have further agreed in concept to certain modifications of the landscaping improvements planned for the Second filing on the Natural Area Property, and to certain modifications of the maintenance responsibilities associated therewith; and WHEREAS, accordingly, the parties have agreed to this First Amendment to document and describe modifications related to the timefiame for completion and the construction and maintenance of landscaping improvements. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: I. paragraph 4 of the Agreement is hereby amended to read as follows: 4. Closing. The closing of the sale of the Natural Area Property to the City shall take folio completion of the drainage, landscaping and fencing place within ninety (90) business days wmg meat and the City's acceptance improvements required under Paragraphs 6 and 7 of this Agree thereof, at the o Ices ofNorth American Title Insurance Company, 712 Whaler's Way, Building A, Suite 100, in Fort Collins, Colorado, or at such other reasonable time, date or location as the parties may mutually agree upon, provided that said improvements shall be completed in accordance with the subdivision plat, site plan, landscape plans, and drainage and utility plans for the Second Filing that have been approved by the City (the "Final Development Plan Documents") no later than March 9, 2007. In the event the parties by mutual agreement close on the transaction contemplated hereunder prior to the completion of said improvements, the Developer may reserve temporary constructions easements in such locations and subject to such terms and conditions set forth in Paragraph 8.C. of this Agreement In no event shall any building permit be issued in the Second Filing until such closing has occurred and this provision shall be incorporated into the Development Agreement with the City for the Second Filing (the "Development Agreement' ). 2, paragraph 7 of the Agreement is hereby amended to read as follows: 7. Landscaping and Fence Improvements. The Developer shall be responsible for planting native trees in the Natural Area Property adjacent to Rosybill Drive and adjacent to the rear lot lines of Lots 1 through 31, inclusive, of the Second Filing in accordance with the Landscape Plans. The trees adjacent to the rear lot lines of Lots 7 through 31, inclusive, shall be planted during the first planting season following completion of the infrastructure improvements for Phase 1 of the Second Filing, as depicted on the Landscape Plans. The trees adjacent to Rosybill Drive and adjacent to Lots 1 through 6, inclusive, shall be planted during the first planting season following completion of the infrastructure improvements for Phase 2 of the Second Filing, as depict ed on the Landscape Plans. Following planting of the trees, the Developer shall reseed any portion of the Natural Area Property which has been disturbed by its activities with a native prairie seed mixture in accordance with the Landscape Plans. Upon completion of the landscaping and reseeding required under this paragraph, and acceptance of its certification by the City, the Developer shall maintain and repair such improvements for a period of two years, consistent with the provisions of the Development Agreement for the Second Filing. The Developer shall be allowed to install a temporary irrigation system for its use until termination of the maintenance and repair guarantee period, at which time the Developer shall remove the system, unless the City requests that it remain and agrees to accepts all maintenance and repair obligations therefor. The Developer shall be responsible for installation of a 4' western 3-rail fence with mesh adjacent to the rear lot lines of Lots 1 through 30, and Lots 31 through 39, inclusive, all of the Second Filing, in accordance with the Landscape Plans (the "Fence"). The Fence shall be maintained permanently by the Developer or, if assigned thereto, the homeowners' association for the Second Filing, to ensure its structural integrity and functional operation, and to prevent any such improvements from posing a danger or unreasonable risk to the general public. The warranty deed conveying the Natural Area property to the City shall reserve the Reserved Easements set forth in Paragraphs g.A. and 9.A. of this Agreement to allow the Developer to fulfill its maintenance and repair obligations under this paragraph. All improvements required under this Paragraph 7 shall be completed by the Developer no later than March 9, 2007 Paragraph 10 of the Agreement is hereby amended to read as follows: l0. Minor Amendment. The City and the Developer acknowledge that they originally intended to process a minor amendment to the Final Development Plan Documents for theppurpbs�pos s of modifying the requirements of the Developer to plant, maintain or guarantee seeding, or other vegetation within the Natural Area Property (the "Minor Amendment"). The parties have now agreed that no such Minor Amendment is necessary, and agree to cooperate in the completion of a Development Agreement amendment to clarify the Developer's fencing obligations as set forth in the Amendment, and further to clarify that the originally anticipated Minor Amendment is no longer necessary. 4. paragraph 12 of the Agreement is hereby amended to read as follows: 12. Contingencies. The obligations of the City under this Agreement are contingent upon the completion by the Developer of the drainage, landscaping and fence improvements required in Paragraphs 6 and 7 hereinabove. 5. The Agreement shall remain in full effect and unmodified, except as expressly set forth in this First Amendment. 6 This Amendment shall be effective, nunc pro tunc, March 11, 2006, provided that each party has signed below no later than May 12, 2006. IN WITNESS WHEREOF, the parties have executed this First Amendment to the Agreement as set forth below. DEVELOPER: COUNTRY CLUB FARMS, L.L.C. a Colorado Limited Liability Company Q By. Date Byr L. Roderick, Manager By: Date TTEST: { G• Wanda Kra#ek, City erk f, APPRO D TO FORM: W Pm Fckman. eputy City Attorney THE CITY: THE CITY OF FORT COLLINS, a Municipal Corporation Darin A. Atteberry, City Manager 9