HomeMy WebLinkAboutClear Creek Crossing - SIA 2nd AmendIII 1111111111 jjjj 1111111111 III j 11111 I I g1l III jj a 03. 0
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03/05/2025 12:55:57 PM 17 Page(s)
JEFFERSON COUNTY; Colorado
SECOND AMENDMENT
TO SUBDIVISION IMPROVEMENT AGREEMENT
THIS SECOND AMENDMENT TO SUBDIVISION IMPROVEMENT
AGREEMENT ("Second Amendment") is entered into as of ( c,-(3 , 2025, by
and among EVERGREEN -CLEAR CREEK CROSSING, L.L.C., an Arizona limited liability
company ("Developer"), and CITY OF WHEAT RIDGE, COLORADO, a home rule
municipal corporation (the "City"), together referred to as the "Parties".
RECITALS
A. On June 25, 2018, the City Council of the City of Wheat Ridge, after holding
all required public hearings, approved the final plat for the Property titled Clear Creek
Crossing Subdivision Filing No. 2, and in connection therewith, approved a Subdivision
Improvement Agreement which was filed for record with the Jefferson County Clerk and
Recorder's Office on July 19, 2018 at Reception no. 2018065899 and amended by that
certain First Amendment to Subdivision Agreement dated December 14, 2020, and
recorded with the Jefferson County Clerk and Recorder's Office at Reception no.
2021005913 (collectively, "Agreement").
B. On February 20, 2025 the City approved replats of Block 2 and Block 4 for
the Property titled Clear Creek Crossing Retail Replat A and Clear Creek Crossing Block
4 Replat C (the "Final Plats") recorded at reception numbers
:apa5bl�tll`/D and ) 6 2 612L/yf _
respectively. Excerpts from said Final Plats to show lots and blocks referenced herein
are hereby incorporated as Exhibit B.
C. The Parties wish to amend the Agreement to re -assess phasing of public
improvements and non -city acquired public improvements as it relates to Exhibit C of the
Agreement.
D. The Parties wish to amend the agreement, as permitted by Section 20 of
the Agreement.
AMENDMENT
NOW THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the sufficiency of which are mutually acknowledged, the Parties
hereto agree as follows:
1. Agreement Amended. Exhibit C of the Agreement is hereby amended
and replaced per the attached Exhibit C contained herein.
2. Recording. This Second Amendment will, at the expense of Developer, be
recorded in the office of the clerk and recorder of Jefferson County, Colorado, and shall
be a covenant running with the Property in order to put prospective purchasers or other
interested parties on notice as to the terms and provisions hereof.
DEVELOPER:
EVERGREEN -CLEAR CREEK CROSSING,
L.L.C., an Arizona limited liability company
By: Evergreen Development Company-
2016, L.L.C., an Arizona limited liability
company
Its: Manager
By: Evergreen Devco, Inc., a California
corporation
Its: Manager
By:
Name:
Title:
STATE OF (��Y
COUNTY OF )ss.
The foregoing instrument was acknowl!Ned before me this 271ay of
2025, by as
C�y of Evergreen Devco, Inc., a talifornia corporation, as Manager for
Evergreen Development Company-2016, L.L.C., an Arizona limited liability company, as
Manager for Evergreen -Clear Creek Crossing Apartments, L.L.C., an Arizona limited
liability Company.
Witness my hand and official seal.
My commission expires:
E
ISA RITTERC - STATE OF COLORADO ID 20184019793N EXPIRES MAY 9, 2026 Notary Public
[Signatures and acknowledgements continue on the following page]
2
4898-9441-1535, v. 2
M "ik
CITY OF WHEAT RIDGE, COLORADO
101.
By-. w
Bud Starker, May6r
"T a 9*19
Margy GrQ")§r. Deputy City Clerk
I .
41
4898-9441-1535, v. 2
EXHIBIT B
Final Plat Excerpts
(see attached)
Exhibit B, Page 1
4898-9441-1535, v. 2
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Exhibit B, Page 3
EXHIBIT C
Phasing Plan for Public Improvements
"Public Improvements" (defined to include those improvements to be conveyed to the
City) and all other improvements not to be conveyed to the City (defined as the "non -
City -acquired public improvements).
All references to phasing of the Agreement shall refer to Exhibit D of the Subdivision
Improvement Agreement recorded at Reception No. 2018065899 and attached hereto.
All references to phasing of the Outlook at Clear Creek Crossing shall refer to Exhibit
C.1 of the Subdivision Improvement Agreement recorded at Reception No. 2019103411
and attached hereto.
"Public Improvements"
Public improvements shall be installed as follows:
A. Prior to issuance of the first Certificate of Occupancy (CO) within Phase C of the
Agreement, the following shall be completed:
1. Clear Creek Drive from 32"d Avenue to the 1-70 hook ramp shall be completed,
including grading, compacting, traffic control, erosion control, curbs, sidewalks,
asphalt, traffic signs, street lights, and the Clear Creek Drive and 1-70 hook ramp
traffic signal ("CCD/Ramp Signal'), per the Final Approvals.
2. The intersection of Clear Creek Drive and Youngfield Service Road, including
traffic control, shall be completed per Final Approvals, including the following:
a. The multi -way stop at Youngfield Service Road that was installed for
construction purposes shall be dismantled; the stop sign on westbound
Youngfield Service Road is to remain, with all other traffic to free flow.
b. The first submittal of signal design plans at Youngfield Service Road and
Clear Creek Drive shall be submitted to the City. The City acknowledges
that the traffic signal will not be installed prior to CO, but rather shall be
provided when warrants are met per Settlement Agreement between the
Longs Peak Metropolitan District and 70 WBC, LLC dated August 3, 2009.
3. CDOT snowplow routes shall be fully complete and usable per Final Approvals.
B. Prior to issuance of any Certificate of Occupancy (CO) in the first subphase of
Phase A-2 of the Agreement per phasing as defined by the Outlook at Clear Creek
Crossing Subdivision Improvement Agreement recorded at Reception No.
2019103411, the following shall be completed:
Exhibit C, Page 1
4898-9441-1535, v. 2
1. Traffic Signals:
a. All underground wires and conduit for all traffic signals, as shown on the Final
Approvals, shall be completed and may not be phased.
b. The traffic signal at the interstate ramp shall be activated.
c. The intersection at Clear Creek Drive and 40th Avenue shall be signalized.
Temporary traffic signals at Clear Creek Drive and 40th Avenue ("Temp
401h/CCD Signal") are acceptable to fulfill this requirement and shall be
installed prior to issuance of CO. Signal plans for the Temp 40th/CCD Signal
shall be provided to the City prior to installation. Striping plans shall also be
provided if temporary striping will deviate from Final Approvals.
2. 40th Avenue:
a. Shall be completed including grading, compacting, traffic control, erosion
control, curbs, sidewalks, asphalt, traffic signs, temporary street lights, and
the 40th/CCD Signal, per the Final Approvals.
b. Striping of bike lanes for entirety of the development shall be completed per
Final Approvals.
c. Temporary street lighting is acceptable to fulfill the requirement for street and
pedestrian lighting prior to issuance of CO. Temporary lighting plans shall be
provided to the City prior to installation. Permanent lighting shall be installed
prior to issuance of the third CO within the second subphase of Phase A-2 of
the Agreement per phasing defined by the Outlook at Clear Creek Crossing
Subdivision Improvement Agreement recorded at Reception No. 2019103411.
3. Clear Creek Drive (CCD):
a. CCD from 32"d Avenue to the cul-de-sac at the northern edge of Phase A-2 of
the Agreement shall be completed, including grading, compacting, traffic
control, erosion control, curbs, sidewalks, asphalt, traffic signs, temporary
street lights, and the CCD/Ramp Signal and the Temp 40th/CCD Signal, per
the Final Approvals. As an exception to this requirement:
For the segment of CCD north of 40th Avenue, the full width of asphalt
and the top lift are not required until the third CO within the second
subphase within Phase A-2 of the Agreement per phasing as defined by
the Outlook at Clear Creek Crossing Subdivision Improvement
Agreement recorded at Reception No. 2019103411.
Exhibit C, Page 2
4898-9441-1535, v. 2
ii. Installation of landscaping and irrigation is not required prior to
Certificate of Occupancy if issuance of C.O. occurs outside of the
planting season, generally October to June. An irrevocable letter of
credit or escrow account shall be accepted for the completion of
necessary landscaping and irrigation. Said financial guarantee shall be
in the amount of one hundred and twenty five percent (125%) of the cost
of installation. Letters of credit or escrows shall not be released until all
planting and finish materials shown on the Final Approvals are installed
and accepted and the irrigation is installed and functional. The amount
of the escrow or letter of credit shall be based on an itemized cost
estimate.
iii. Concrete curbs and all sidewalks shall be completed prior to issuance of
the third CO within the second subphase within Phase A-2 of the
Agreement per phasing defined by the Outlook at Clear Creek Crossing
Subdivision Improvement Agreement recorded at Reception No.
2019103411.
iv. Temporary street lighting is acceptable to fulfill the requirement for street
and pedestrian lighting prior to issuance of CO. Temporary lighting
plans shall be provided to the City prior to installation. Permanent
lighting shall be installed prior to issuance of the third CO within the
second subphase within Phase A-2 of the Agreement per phasing
defined by the Outlook at Clear Creek Crossing Subdivision
Improvement Agreement recorded at Reception No. 2019103411.
b. "No construction parking" signs shall be installed along CCD north of 40tn
Avenue and all construction parking shall be located on site or within Phase
A-2 or A-1 of the Agreement. Said signs shall remain in place until the final
CO is issued for Phase A-2 of the Agreement.
c. Striping of bike lanes for entirety of the development shall be completed per
Final Approvals.
C. Prior to issuance of the first CO subsequent to Lot 3, Block 4 (a.k.a. Lifetime) within
Phase B-1, B-2, or E (whichever comes first), excepting Lot 1, Block 4 (a.k.a.
Bonfire), the following shall be completed:
1. All improvements for Clear Creek Drive, 40th Avenue, and the intersection of the
two streets shall be completed and accepted by the City. This shall include all
features of the Final Approvals, including the full width of asphalt and top lift,
concrete curbs, sidewalks, permanent traffic signals and permanent street and
pedestrian lighting. As an exception to this requirement:
a. Installation of landscaping and irrigation is not required prior to Certificate of
Occupancy if issuance of C.O. occurs outside of the planting season,
Exhibit C, Page 3
4898-9441-1535, v. 2
generally October to June. An irrevocable letter of credit or escrow account
shall be accepted for the completion of necessary landscaping and irrigation.
Said financial guarantee shall be in the amount of one hundred and twenty
five percent (125%) of the cost of installation. Letters of credit or escrows
shall not be released until all planting and finish materials shown on the Final
Approvals are installed and accepted and the irrigation is installed and
functional. The amount of the escrow or letter of credit shall be based on an
itemized cost estimate.
D. Future Public Improvements:
For the intersection of Youngfield Service Road and Clear Creek Drive, a traffic
signal shall be installed when warrants are met and per Settlement Agreement
between the Longs Peak Metropolitan District and 70 WBC, LLC dated August 3,
2009. See also related item A.2.b. above. The City commits to making all
appropriate efforts to secure future cost -sharing from benefited property owners
through future development approvals on said properties.
2. Sidewalk along the west side of Clear Creek Drive from Phase D of the
Agreement heading south to the intersection with Youngfield Service Road shall
be installed per Final Approvals, including crosswalk striping across Clear Creek
Drive and curb ramps at the ramp traffic signal. Updated civil construction
drawings shall be provided prior to commencement. Sidewalk is to be required
at time warrants are met for the traffic signal at Clear Creek Drive and Youngfield
Service Road.
3. At time of Right -of -Way deed of Tract E, Block 4, to City for RTD bus transfer
station, Developer shall be responsible for survey, exhibit, and dedication/deed
by separate document.
Maintenance of Public Improvement
Public Improvements shall be maintained in accordance with Section 8 of the
Subdivision Improvement Agreement, except as follows:
A. Developer shall be responsible for maintenance of 40th Avenue and Clear Creek
Drive, including snow plowing, until such time the City initially accepts the
improvements under Paragraph C.1 of this First Amendment.
"non -City -acquired public improvements"
Non -City -acquired public improvements shall be installed as follows:
A. Prior to issuance of the first Certificate of Occupancy, the following shall be
completed and accepted by the City, unless noted otherwise:
Exhibit C, Page 4
4898-9441-1535, v. 2
1. Regional stormwater system per the Final Approvals. The regional pond,
interceptor and laterals located under public streets of this "non -City -
acquired public improvement" may not be phased. The laterals not under
public streets and catch basins of this "non -City -acquired public
improvements" may be phased. Final acceptance of the stormwater
system shall be required prior to issuance of the first CO subsequent to
Lot 3, Block 4 (a.k.a. Lifetime) within Phase B-1, B-2, or E (whichever
comes first).
2. Construction of the pedestrian trail from the intersection of 40th Avenue
and Clear Creek Drive to the existing Clear Creek Trail, including trailhead
and parking as shown on the Final Approvals. As an exception to this
requirement:
a. The parking for the trailhead may be phased in connection with any
allowed phasing on Clear Creek Drive.
b. The trailhead structure shall be installed in accordance with
landscaping requirement exceptions as noted above in Section
C.1.a. above. Updated civil construction drawings shall be
provided to the City prior to commencement of construction of the
trailhead structure.
B. Prior to issuance of the first CO within Phase B-3 of the Agreement, the following
shall be completed:
1. Restoration of landscaping at the top of the retaining wall adjacent to La
Quinta shall be completed per Final Approvals.
C. Prior to issuance of the first CO subsequent to Lot 3, Block 4 (a.k.a. Lifetime) within
Phase E, excepting Lot 1, Block 4 (a.k.a. Bonfire), the following shall be completed:
a. All improvements for that portion of Crossing Drive located west of Clear
Creek Drive shall be certified as complete by the City (refer to Exhibit C-
1). This shall include all features of the Final Approvals, including but not
limited to the full width of asphalt and top lift, concrete curbs, sidewalks,
amenity zones, landscaping, enhanced crosswalks, striping, and
permanent street and pedestrian lighting. As an exception to this
requirement:
Installation of landscaping and irrigation is not required prior to
Certificate of Occupancy if issuance of C.O. occurs outside of the
planting season, generally October to June. An irrevocable letter of
credit or escrow account shall be accepted for the completion of
necessary landscaping and irrigation. Said financial guarantee
shall be in the amount of one hundred and twenty five percent
Exhibit C, Page 5
4898-9441-1535, v. 2
(125%) of the cost of installation. Letters of credit or escrows shall
not be released until all planting and finish materials shown on the
Final Approvals are installed and accepted and the irrigation is
installed and functional. The amount of the escrow or letter of
credit shall be based on an itemized cost estimate. Escrow in the
form of bond shall no longer be accepted.
D. Prior to issuance of the first CO within Phase B-1 or B-2 (whichever comes first),
the following shall be completed:
a. All improvements for that portion of Crossing Drive located east of Clear
Creek Drive shall be certified as complete by the City (refer to Exhibit C-
1). This shall include all features of the Final Approvals, including but not
limited to the full width of asphalt and top lift, concrete curbs, sidewalks,
amenity zones, landscaping, raised intersection, enhanced crosswalks,
striping, and permanent street and pedestrian lighting. As an exception to
this requirement:
Installation of landscaping and irrigation is not required prior to
Certificate of Occupancy if issuance of C.O. occurs outside of the
planting season, generally October to June. An irrevocable letter of
credit or escrow account shall be accepted for the completion of
necessary landscaping and irrigation. Said financial guarantee
shall be in the amount of one hundred and twenty five percent
(125%) of the cost of installation. Letters of credit or escrows shall
not be released until all planting and finish materials shown on the
Final Approvals are installed and accepted and the irrigation is
installed and functional. The amount of the escrow or letter of
credit shall be based on an itemized cost estimate. Escrow in the
form of bond shall no longer be accepted.
IN WITNESS WHEREOF, the parties hereto have executed this Second
Amendment as of the day and year first above written.
[Remainder of Page Intentionally Left Blank]
Exhibit C, Page 6
4898-9441-1535, v. 2
EXHIBIT C-1
Crossing Drive Phasing Exhibit
(see attached)
Exhibit C-1, Page 1
4898-9441-1535, v. 2
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EXHIBIT D
Original Phasing Exhibits
(see attached)
Exhibit D, Page 1
4898-9441-1535, v. 2
(ORIGINAL EXHIBIT RECORDED AT REC. NO. 2018065899 RETAINED FOR REFERENCE)
SUBDIVISION IMPROVEMENT AGREEMENT REV 11/2017
EXHIBIT D
Phase or Phases
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