File #: ID-396-18    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 11/20/2018 In control: City Council
On agenda: 12/4/2018 Final action:
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE FIRST AMENDMENT TO THE BROMLEY PARK, FILING 102, 1ST AMENDMENT DEVELOPMENT AGREEMENT FOR APPROXIMATELY 122.377 ACRES OF PROPERTY, GENERALLY LOCATED WITHIN SECTION 1, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, BRIGHTON, COLORADO, AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY
Attachments: 1. Reso - First Amend_76 - CA.pdf, 2. 1-76 Commerce Center _Location Map, 3. First Amendment to Bromley Park Filing 102 Development Agreement Final Draft, 4. First Amendment to the DA-76 Commerce Center Power Point, 5. 396-18 PPT
Body
Department of Community Development
Reference: First Amendment to 76 Commerce Center Development Agreement

To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Philip A. Rodriguez, City Manager
Marv Falconburg, AICP, Assistant City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Lauren Simmons, AICP, Senior Planner
Date Prepared: November 8, 2018

STRATEGIC FOCUS AREAS
Recognizable and Well Planned Community
Supportive, Sustainable Infrastructure

PURPOSE
The Development Agreement for Bromley Park, Filing 102, 1st Amendment, also known as 76 Commerce Center (the "Agreement") is for the subdivision located off the eastbound I-76 Frontage Road, north of Bridge Street and south of Baseline Road. The applicant for the project is Hyde Development, LLC ("Applicant" or "Developer"). The Applicant is seeking approval of an amendment to the Agreement in order to move the remainder of the water dedication to Phase 2 ("Amendment").

BACKGROUND
In the Agreement approved on March 20, 2018, the Developer agreed to dedicate 25.17 acre feet of water to satisfy the initial calculated water dedication for all six buildings prior to the first Certificate of Occupancy. To date, the Developer has dedicated 22.33 acre feet of water. There is a balance of 2.84 acre feet of water due.

The Developer is preparing for its first Certificate of Occupancy and will likely need to find a larger block of water shares to satisfy the 2.84 acre feet due to availability and typical quantities of shares on the market. There is also a possibility that a future tenant of 76 Commerce Center will need a larger water dedication than the initial 25.17 acre feet, which was calculated for warehouse uses. The remaining 2.84 acre feet could be dedicated in addition to other water needed for such future tenant.

CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
When reviewing this Amendment, City Council should consider what the ...

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