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Home My WebLink AboutBELLA VIRA TRACT A - Filed DA-DEVELOPMENT AGREEMENT - 2014-06-06Tract A, Bella Vira Subdivision AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT (the "Agreement"), is made and entered into this day of May 2014, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and Bella Vira Town Homes, Inc, a Colorado Corporation, hereinafter referred to as the "Developer." WITNESSETH: WHEREAS, the City entered into a Development Agreement with OFF Development Company (as "Developer") on September 13, 2013 which agreement was recorded on September 19, 2013 with the Larimer County Clerk and Recorder at Reception No. 20130071993, 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 sometimes referred to as the "Property" or "Development") and legally described as follows, to wit: Tract A, Bella Vira Subdivision, located in Section 17, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado; and WHEREAS, OFP Development Company has subsequently transferred ownership of the property to the Developer named herein; and WHEREAS, the City and the Developer now desire to amend the said Development Agreement by this Amendment Agreement No. 1; 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 E shall be replaced with the following: E. Natural Resources 1. The Final Development Plan Documents identify areas within the Property which are not to be disturbed in order to prevent environmental damage to the RECEPTION#: 20140027372, 05/29/2014 at 1 11:32:07 AM,1 OF 5, R $31.00 TD Pgs: 0 Angela Myers, Clerk & Recorder, Larimer C4 Clerk's Office, Fort Collins, Colorado County, CO natural habitats or features in the ("Natural Habitat Buffer Zone"), except for the purposes allowed within the Final Development Plan Documents, which activities are allowable under Section 3.4.1 (E). Neither the Developer nor its contractor shall intrude upon, remove, fill, dredge, build upon, degrade or otherwise alter natural habitats and features unless identified in the Final Development Plan Documents. 2. The Developer shall ensure that all landscaping within the Natural Habitat Buffer Zone is properly established and maintained for a three (3) year period following construction thereof to ensure that the vegetation is fully established. a. The areas of the Development that are planned to be seeded, shall be inspected jointly by the Developer and the City at specified intervals for three (3) seasons or until determined by the City to be well established in accordance with the coverage specifications of this paragraph, whichever occurs first. Areas seeded in the Spring shall be inspected for required coverage each immediately subsequent Autumn not later than October 1st. Areas seeded at any other time shall be inspected each immediately subsequent summer not later than August 1st. The required coverage for the first inspection shall be ten (10) viable live seedlings of the specified species per 1000 square centimeters (approximately one square foot), or twenty-five percent (25%) coverage of the specified foliage as measured from five feet (6) directly overhead, with no bare spots larger than 1000 square centimeters. At the time of the second growing season inspection, there shall be thirty percent (30%) foliage cover of the specified species planted as measured from five feet (5') directly overhead. The Developer shall be responsible for weed control at all times. Determination of required coverage will be based on fixed transects each ten meters in length, randomly placed in representative portions of the seeded areas, with plant species or bare ground/rock/litter being noted every ten (10) centimeters along each transect. b. The status and effectiveness of the vegetation shall be evaluated and the results reported to the City Planning Department semi- annually for review. c. Developer shall provide to the City prior to (A) the issuance of any Certificate of Occupancy for Lots seven (7), eight (8), nine (9), ten (10), or eleven (11), or (B) May 31, 2015, whichever shall occur first, an acceptable form of security (cash, bond, letter of credit) to guarantee completion of the buffer zone landscape improvements. An estimate for said improvements shall be prepared by the Developer and approved by the City. Said estimate of landscape improvements shall constitute plant material and irrigation system improvements at 67% of the construction value to be held until said landscape improvements are constructed and accepted by the City. The City shall return the security to the Developer upon the Developer's installation of the landscape improvements and the City's acceptance thereof. If the uplands have not been established in accordance with the approved plans, then the Developer shall promptly take such steps as are necessary (and present to the City a written proposal of steps and timing) to bring the buffer zone into conformance with the approved plans. If the Developer does not take action to bring the buffer zone plantings into conformance with the approved plans, the City shall use the security provided by the Developer to install said landscape improvements and the Developer shall forfeit any right to the security. d. The Developer shall warrant all seeded areas for three (3) growing seasons from the date of completion. The Developer shall rework and reseed per original specifications any areas that are dead, diseased, contain too many weedy species, or fail to meet the coverage requirement at no additional cost to the City. 3. Fueling facilities shall be located at least one hundred (100) feet from natural body of water, wetland, natural drainage way or manmade drainage way. The fuel tanks and fueling area must be set in a containment area that will not allow a fuel spill to directly flow, seep, run off, or be washed into a body of water, wetland or drainage way. 4. The Developer shall delineate the Development's property boundary adjacent to all Limits of Development (L.O.D.) as defined by Article V, Section 5.1.2 of the Land Use Code, including boundaries around existing trees that are to be undisturbed, with orange construction fence prior to any type of construction, including overlot grading. B. All other terms and conditions unchanged and in full force an d IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. FORT vs •: SEAL: THE CITY a Municipal aR {'COLLINS, COLORADO, • By: coRao° City Manager ATTEST: CITY CLERK rq- DEVELOPER: Bella Vira Town Homes, Inc. By: n Minatta, President STATE OF COLORADO ) ss. COUNTY OF LARIMER ) Aav- The foregoing instrument was acknowledged before me this day of May, 3v inba-Minatta as President of Bella Vira Town Homes, Inc., a Colorado 2014, My 0 ffpl. ; ;551 w4pu Notary- Public res: // - .' /7' 5