HomeMy WebLinkAboutPROVINCETOWNE THIRD AMENDMENT AGREEMENT # 4 - Filed DA-DEVELOPMENT AGREEMENT - 2012-10-22PROVINCETOWNE FILING NO.3
AMENDMENT AGREEMENT NO. 4
THIS AMENDMENT AGREEMENT, made and entered into thisZ/Q day of jp e 6z---
2012, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City"; and Provincetowne LLC, a Colorado limited liability company,
Community Affordable 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, Amendment Agreement No. 2 on April 28, 2011, and Amendment Agreement No. 3
on August 29, 2011.
WHEREAS, the parties presently desire to again modify the Development Agreement by this
Amendment Agreement No. 4;
WHEREAS, Community Affordable Residences Enterprises, Inc., as the record owner of
Tract M, Tract N and a portion of Tract O, Provincetowne Filing Three, and as a successor in interest
to Provincetowne Green LLLP as to such property, on behalf of itself and its predecessors entities
hereby acknowledges and agrees that it entered into these prior agreements under the name of
Community Resources Residences Enterprises, Inc. and Provincetowne Green LLLP, and agrees to
be bound by the terms under those agreements.
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. Li) as contained in Amendment Agreement
No. 3 shall be replaced with the following:
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RECEPTION#: 20120071333, 10/11/2012 at
02:39:43 PM, City Clerk's Office, Fort Collins, Colorado
1 OF 6, R $36.00 TD Pgs: 0
Scott Doyle, Larimer County, CO
i) All on -site and off -site storm drainage improvements associated with Phase 4E and Phase 4F
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 4F of the Development (no
building permits in this Development are associated with Phase 4E improvements. Phase
4A, 4B, 4C and 4D storm drainage improvements shall be built before the start of any Phase
4E construction activity and Phase 4A, 413, 4C, 4D, and 4E storm drainage improvements
shall be built before the start of any Phase 4F construction activity.
B. Subheading II (Special Conditions) Paragraph DA. as contained in Amendment Agreement
No. 3 shall be replaced with the following:
4. Phases 1B, 4A and 5 of this Development may be constructed at any time because
Phases I B, 4A and 5 are not dependent on any other phase for infrastructure improvements. Phase
1B must be constructed prior to Phase 1, 2, 3A, or 3B of this Development. Phase 1 must be
constructed prior to Phase 2, 3A, or 3B. Phase 3A must be constructed prior to Phase 2 or 3B and
Phase 3B must be constructed prior to Phase 2. 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, 4B, and 4C must be constructed prior to Phase 4E. Phases 4A, 4B,
4C and 4E must be constructed prior to Phase 4F. No building permits will be issued within Phases
2 and 3B until the streets and utilities within the preceding phases have been completed in
accordance with Section I.C. of this agreement.
C. Subheading II (Special Conditions) Paragraph D.1 l as contained in Amendment Agreement
No. 2 shall be replaced with the following:
H . 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 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 its work with the City and if the roadway construction is completed at such time that the
Parks Department will need to install the landscaping the following season, then the Developer shall
provide the proper erosion control measures to prevent erosion during the dormant seasons. The
Developer shall repair or replace any sidewalk, drives or paths to Parks Department standards that
are disturbed by this work.
D. Al other terms and conditions of the Development Agreement (as amended by Amendment
Agreement No. 1, Amendment Agreement No. 2, and Amendment Agreement No. 3) shall
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remain unchanged and in full force and effect, except as expressly amended in this Amendment
Agreement No. 4.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
TH"Corporat
S, COLORADO,
a MBy:
C
ATTEST:
O
CITY CLERK
COS
APPROVED AS TO CONTENT:
City Engineer
APPROV ' AS TO FORM:
D puty City ttorney
DEVELOPER:
Provincetowne, LLC, a Colorado limited liability company
By: McWhinney Real Estate Services, Inc., a Colorado
corporation, manager
Douglas I�ill1 Chief Operating
ATTEST:
� GwG--
Troy 'nney, Chief Financial Officer
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this J- dayof
20a by Provincetowne LLC by McWhinne Real Estate Services Inc. mana manager � y Douglas
Hill as Chief Operating Officer and by Troy McWhinney as Chief Financial Officer of
McWhinney Real Estate Services Inc.
My Commission Expires: c. 2 �e / 3
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June 21, 2013
Community Affordable Residences Enterprises, Inc., a
Colorado nonprofit corporation
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By:
Bill Re ke, Executive Director
ATTEST:
Kevin Drlel.,A4(r
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 2-5 ` day of
2012, by Community Affordable Residences Enterprises, Inc. a Colorado nonprofit corporation
by Bill Reinke as Executive Director and by Kevin Drvg as Secretary.
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My Commission Expires: Odobir7, 2014
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Notary Public
AMANDA ANNE OLIVER
LNOTARYUBLIC, STATE OF COLORADO
Trilby 6608, LLC a Colorado 1' ted liabil' company
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By.
Dan ember/ ger
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
201')�-by Dan Eckles as Member/ Manager of Trip 08 LLC..1 `
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