HomeMy WebLinkAboutGemini Subdivision - 1st Amend to the SIA2023077413 12/28120231:20 PM
PGS 4 $28.00 DF $0.00
Electronically Recorded Jefferson County, CO
Amanda M Gonzalez, Clerk and Recorder TD1000 N
FIRST AMENDMENT TO THE
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this N44" of ae ce o+\J Q r , 07693 (the
"Effective Date") by and between the CITY OF WHEAT RIDGE, COLORADO, a home
rule municipal corporation (the "City"), and the owner, SDI Gemini Partners, LLC, a
Colorado Limited Liability Company, (the "Developer"), and the City and Developer
together referred to as the "Parties."
RECITALS
A. On June 24, 2019 the City of Wheat Ridge approved the final plat for the
Property titled Gemini Subdivision (the "Final Plat"), and in connection therewith,
approved a Subdivision Improvement Agreement (the "Agreement") which was filed for
record with the Jefferson County Clerk and Recorder on August 16, 2019, at Reception
No. 2019072884, and a Declaration of Covenant and Restriction which was filed for
record with the Jefferson County Clerk and Recorder on August 16, 2019, at Reception
No. 2019072285. On August 6, 2019 the City of Wheat Ridge approved the site plan for
the property titled Wheat Ridge Gemini Site, and associated civil construction documents
were approved concurrently in 2019, with revisions approved on May 24, 2022 and
August 19, 2022.
B. The Parties wish to amend the Agreement pertaining to the Developer's
obligations to construct Public and on -site improvements as documented in the
Agreement and detailed in the phasing plan, Exhibit C.
AMENDMENT
NOW, therefore, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which are mutually acknowledged, the Parties
hereto agree as follows:
1. Agreement Amended. Exhibit C of the Agreement is amended and
replaced to read in its entirety as shown in Exhibit C of this First Amendment. All other
portions of the original Agreement shall remain in effect.
2. Recording of Agreement. This First Amendment shall be recorded in the
real estate records of Jefferson County and shall be a covenant running with the
Property in order to put prospective purchases or other interested parties on notice as to
the terms and provisions hereof.
WHEREFORE, the Parties hereto have executed this First Amendment to
Agreement on the day and year first above written.
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CITY OF WHEAT RIDGE, COLORADO
By: av)-ot'
Bud Starker, Mayor
ATTEST:
Stephen Kirkpatrick, City Clerk
(SEAL)
DEVELOPER
SDI Gemini Partners, LLC
By.-�j��7`�
Name: J et �..—� b �_ I
Title: �r
STATE OF COLORADO )
SS.
COUNTY OF {� I�SQi�I )
The foregoing instrument was acknowledged before me this 30 day of
NO"V , 2023, by Wvf- U (Juboda Volda -jf a., as
IN of (dIyradd
(SEAL)
ARTHA GABRIELA VALDEZ GONZALE
NOTARY PUBLIC
STATE OF COLORADO
Witness my hand and official seal. NOTARY ID 20204039302
1. MY COMMISSION EXPIRES 11/09/2024
My commission expires: [ ( Z02#
.244F,1)O - �;
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aryIii mr�p U
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EXHIBIT C (As Amended)
Phasing Plan for Public Improvements
The Public Improvements and required on -site improvements shall be installed as
outlined below:
Prior to commencing vertical construction on Lots 1-4: Approved civil plan revisions
(with grading updates) and approved retaining wall permits for improvements adjacent
to these lots are required. Construction of the retaining walls adjacent to these lots may
be required prior to vertical construction if vertical construction will interfere with
retaining wall construction.
Prior to commencing vertical construction on Lots 5-8: Approved civil plan revisions,
approved building permit revisions (if necessary), approved retaining wall permits, and
approved amendment to the drainage letter are required. All of these revisions shall be
for the regrading of the entire site to address grading discrepancies between the
building foundations and the previously -approved civil plans. Construction of the
adjacent retaining walls may be required prior to vertical construction if vertical
construction will interfere with retaining wall construction.
Prior to issuance of the first Certificate of Occupancy (CO), the following items shall be
completed:
• All retaining walls per approved revised civil plans and wall permits shall be fully
constructed, inspected, and certified.
• An updated landscaping plan shall be provided and approved showing the
revised retaining wall designs, revised grading, and locations of plantings and
groundcover. The plan shall also show any necessary off -site restoration for
adjacent properties impacted by construction, including the adjacent City
property, if applicable. If the development is to be phased and COs for the front
lots (Lots 1-4) are anticipated prior to the rear lots (Lots 5-8) commencing vertical
construction, an interim landscaping plan showing stabilization (and seed mix) of
the rear lots shall be required and the lots fully stabilized with escrow required for
stabilization.
• As shown in the original Exhibit C, all on -site common amenities (including
drainage and alley) shall be completed.
• As shown in the original Exhibit C and the civil plans, all Public Improvements in
the 38th Avenue right-of-way shall be completed.
Prior to issuance of any CO, the landscaping on that particular lot and any adjacent
common landscaping shall be installed.
Installation of on -site landscaping is not required prior to Certificate of Occupancy if
issuance of C.O. occurs outside of the planting season, generally October to June, and
a landscape escrow shall be required until such time landscaping can be installed.
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