HomeMy WebLinkAboutClear Creek Crossing 1st Amend6� FIRST AMENDMENT
TO SUBDIVISION IMPROVEMENT AGREEMENT
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THIS FIRST AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
("First Amendment") is entered into as of D (N P, 2020, 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 ("Agreement") which was filed for record with the Jefferson
County Clerk and Recorder's Office on July 19, 2018 at Reception no. 2018065899.
B. The Parties wish to amend the Agreement to allow phasing of public
improvements as it relates to Exhibit C of the Agreement.
C. 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 First 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.
[Remainder of Page Intentionally Left Blank]
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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 32nd 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:
1. Traffic Signals:
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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
40th/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 32nd 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.
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
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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 40th
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 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 or
prior to issuance of the first CO in Phases B-1, B-2 or B-3 of the Agreement
(whichever comes first), the following shall be completed:
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 on
CCD north of 40th Avenue, 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,
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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.
Maintenance of Public Improvements
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:
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.
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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.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment
as of the day and year first above written.
[Remainder of Page Intentionally Left Blank]
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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: �c �.•_„ �'�
STATE OF
COUNTY OF %C1 41 t-_ )ss.
The foregoing instrument was acknowledged before me this %y day of
2020, byas
f Evergreen Devco, Inc., a' alifornia corporation, as Manager for
Everelresin Development Company -2016, L.L.C., an Arizona limited liability company, as
Manager for Evergreen -Clear Creek Crossing, L.L.C., an Arizona limited liability
Company.
Witness my hand and official seal.
My commission expires:
LISA RITTER
Notary Public - State of Colorado
Notary FD 20184019793
My Commission Expires May 9, 2022
tary Public
[Signatures and acknowledgements continue on the following page]
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CITY:
CITY OF WHEAT RIDGE, COLORADO
By: aV 0
Bud Starker, Mayor
ATTEST:
Steph Kirkpatrick, City Clerk
d Dahl, City Attorney
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EXHIBIT D
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