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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. [Remainder of page intentionally left blank] 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 - �; - - 0 1 M aryIii mr�p U • �� 3 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. 4