HomeMy WebLinkAboutFOX HILLS SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-07FOX HILLS SECOND FILING
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT NO. 1, made and entered into this day of
1999, by and between the CITY OF FORT COLLINS, COLORADO, a
municipal' corporation ("City"), and DONALD L. HAHN AND L. STEPHEN SIVON AS CO -JOINT
VENTURERS OF SPRINGFIELD SUBDIVISION 6"' FILING JOINT VENTURE, A COLORADO JOINT
VENTURERS ("Developer"), is an amendment to that certain Development Agreement dated May
6, 1996 by and between the City and the Developer, hereinafter referred to as the "Development
Agreement."
FACTUAL RECITALS
The City and the Developer have executed the Development Agreement in connection
with the Fox Hills Second Filing in the City. Subsequently, the Developer constructed certain
storm drainage improvements as described in Paragraph 1.1 below, which improvements have
benelilted the City's storm drainage system by the addition of capacity in handling the safe
disposal of stormwater runoff.
The Developer and the City now desire to modify the Development Agreement to provide
for partial reimbursement by the City to the Developer for the cost of engineering and
construction of said storm drainage improvements.
NOW, THEREFORE, in consideration of the promises of the parties hereto and other
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the parties agree as follows:
1. Storm Drainage Improvements.
1.1 Description. The Developer has completed construction of the following
storm drainage improvements in the Fox Hills Second Filing at a cost of
$107,342.66, which improvements have been of benefit to the City's
Stormwater Utility, to wit:
The developer enlarged the previously existing detention ponds
along the North and the South side of Wessex Drive, and also
improved the outfalI from these detention ponds by directing it into
two 24" ADS N-12 culverts, and then into two 19"00" elliptical
Reinforced Concrete Pipes that daylight on the east side of Idledale
Drive. From there an improved channel and concrete retaining
walls were built to convey the storm runoff safely between two
existing Taft Canyon homes and ultimately into the Taft Canyon
open space detention pond.
1.2 )moment for Storm Drainage Improvements. The City shall pay to the
Developer the sum of $25,000 as its share of the costs of engineering and
constructing said storm drainage improvements. The Developer (and Larimer
County) shall be responsible for the remaining balance of said costs. The
City's payment shall be made to the Developer within sixty (60) days of
execution of this Amendment Agreement No. 1.
2. Liability/indemnification.
2.1 Construction Liability. The Developer shall be solely liable for the work
performed in the installation of the storm drainage improvements. The Developer
hereby indemnifies the City against third party claims in connection with storm
drainage construction work performed.
2.2 Liability for Storm Drainage Design. The Developer shall be liable for the
design of the storm drainage improvements as constructed for Fox Hills Second
Filing, and hereby indemnifies the City against any third party claims in connection
therewith.
Except as modified above, all other terms and conditions of the Development Agreement
shall remain unchanged and in full force and effect, including the exceptions to indemnification
contained in Section I, subsection H. of the Development Agreement. Nothing in this Amendment
Agreement No. 1 shall be construed to waive, remove, limit or abridge, in any manner or to any
extent, the City's and the Developer's right to seek damages from the other for breach of the
Development Agreement between them dated May 6, 1996, which occurred prior to the date hereof
or to defend against any such actions for damages, and by execution hereof, neither such party admits
to any breach of the Development Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above
written.
THE CITY OF FORT COLLINS, COLORADO
a Colorado municipal corporation
By: L i,
John F. ischbach, City Manager
ATTEST:
City Clerk ��,,./-' 6P
APPROVED AS TO CONTENT:
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Directo�cring
APPRO D AS TO FORM:
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Deputy City Attorney
DEVELOPER: DONALD L. HAHN AND L. STEPHEN
SIVON AS CO -JOINT VENTURERS OF
SPRINGFIELD SUBDIVISION 6 H FILING
JOINT VENTURE, A COLORADO JOINT
VEN URE
By:
Donald L. Hahn, Co -Joint Venturer
By:/G7
L. Stephen Sivon, Co -Joint Venturer