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Home My WebLink AboutGREENBRIAR VILLAGE PUD THIRD - Filed OA-OTHER AGREEMENTS - 2003-11-17GREENBRIAR VILLAGE P.U.D., THIRD FILING AMENDMENT AGREEMENT NO. 2 THIS AMENDMENT AGREEMENT, made and entered into this (- day of �t37�-Aii of 1997, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("City") and BAYBERRY DEVELOPMENT, LIMITED LIABILITY COMPANY, a Colorado limited liability company, is an amendment to that certain Development Agreement dated May 28, 1996, and Amendment Agreement No. 1 dated March 24, 1997, by and between the City and the Developer, collectively hereinafter referred to as the "Development Agreement." WHEREAS, the City and the Developer previously executed the Development Agreement; and WHEREAS, the parties are presently desirous of modifying the Development Agreement; 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: Subheading IL Special Conditions, Section C. Storm Drainage Lines and Appurtenances, Paragraph 6. is deleted in its entirety from the Development Agreement and replaced with the following: 6. Prior to the issuance of any building permits for lots 14 through 18 and 21 through 24 in this development, the Developer shall (1) complete the grading of said lots in a manner that conforms to the approved plans for this development; and (2) verify that no elevation of the ground surface along the lot lines bordering the City's Greenbriar Pond Wetland and Natural Area is less than an elevation of 4966.0. Subheading II. Special Conditions, Section E. Wetland Greenbriar Pond and Natural Area, Paragraph 1. and the referenced Exhibit "C" of the Development Agreement shall be deleted. Further, paragraph 2 of Section E shall be renumbered as paragraph 1 and amended to read as follows: 1. The Developer and the City recognize that this development is adjacent to the City's Greenbriar Pond Wetland and Natural Area (the "Pond")and that seepage from the Pond may impact the ground water levels in this development. Accordingly, it is agreed that the City shall not be responsible for and that the Developer hereby indemnifies the City for any claims of damages or injuries that may be alleged to have been sustained in the development as a result of groundwater seepage, whether resulting from groundwater flooding, structural damage or other damage unless such damages or injuries are sustained as a result of the City's failure to properly maintain its storm drainage facilities in the development. Except as modified above, all other terms and conditions of the Development Agreement shall remain unchanged and in full force and effect. Nothing in this Amendment Agreement No. 2 shall be construed to waive, remove, limit, or abridge in any manner or to any extent either party's right to seek damages from the other for breach of the Development Agreement between them dated May 28, 1996, which occurred prior to the date hereof, or to defend against any such actions for damages, and by execution hereof, neither 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. ATTEST: (— CITY CLERK APPROVED AS TO CONTENT: irector of Engineering APPROVED AS TO FORM: Deputy City Attorney THE CITY OF FORT COLLINS, COLORADO, a Munici 1 Corporation �� /�J By: �- iroA!-��ci City nager DEVELOPER: Bayberry Devp�opnibnt, Limit;A Liability Company, Edward G. Edward W. Lawler, Manag@r GREENBRIAR VILLAGE P.U.D., THIRD FILING AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT, made and entered into this r�/-jday of t , of 199L, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("City") and BAYBERRY DEVELOPMENT, LIMITED LIABILITY COMPANY, a Colorado limited liability company, is an amendment to that certain Development Agreement dated May 28, 1996, by and between the City and the Developer, hereinafter referred to as the "Development Agreement." WHEREAS, the City and the Developer previously executed the Development Agreement, and WHEREAS, the parties are presently desirous of modifying the Development Agreement; 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: Exhibit `B" is hereby replaced with the the attached Exhibit `B." Except as modified above, all other terms and conditions of the Development Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, a Mu al Corporation Q By: Cit anager ATTEST: 1 CITY CLERK APPROVED AS TO CONTENT: Director of Engineering IJ ', APPROVED AS TQ,FORM (p cl As�istant City Attorney DEVELOPER: Bayberry Development, Limited Liability Company, a Colorado limit a ility Edward By: Edward W. Law er, Manager EXHIBIT "B" The development Agreement for Greenbriar Village P.U.D., Third Filing, City of Fort Collins, Larimer County, Colorado Cost Estimate for Major Drainage Improvements Evergreen/Greenbriar Drainage Basin Outlet Structure for Greenbriar Wetland Pond (a.k.a. Redwood Street Outfall) The attached cost estimate for the improvements constitute costs associated with major drainage improvements which are eligible for developer repay. These costs are based on quotes from Connell Resources, Inc., Gerrard Excavating, Inc., and negotiations between the developer and the City. The City shall make: progress payments to the Developer on the basis of actual costs as submitted on the Developer's Application for Payment. Such application shall be accepted periodically during construction of the project, but no more frequent than monthly. All progress payments will be on the basis of the percent work completed on each line item of the attached cost estimate. "Exhibit B" Greenbriar Village P.U.D., Third filing Storm Sewer Outlet Structure for Green Briar Wetland Pond 1. Demo and replace concrete walk $15,080.00 2. Demo and replace concrete Nokomis Subdivision - 50 LF $2,750.00 3. Asphalt Repair @ Nokomis Street $1,200.00 4. Manholes 3 / January 1996 drawings $4,500.00 5. Water Main Crossing - 400' North of Conifer Street $4,000.00 a. 340' N of Conifer Street in Nokomis b. 620' N of Conifer Street in Nokomis Street c. 890' N of Conifer Street in Redwood Street d. 1420' N of Conifer Street in Bayberry Street 6. Remove and replace flow pans $2,400.00 a. 600' N of Conifer Street b. 1230' N of Conifer Street 7. Concrete pipe a. 564 LF 15" dia. RCP - N. of Bayberry to M.H. #1 @ $23.10/1-F $13,028.00 b. 86LF 15" dia. RCP - between M.H. #1 & M.H. #2 $3,246.00 c. 230 LF 18" dia. RCP - between M.H. #2 & M.H. #3 $5,819.00 d. 637 LF 24" dia. RCP - between M.H. #3 & existing curb inlet @ $29.70/ $18,919.00 8. Connect 24" dia. RCP to existing curb inlet $500.00 9. Dewatering $3,245.00 10. Landscape repair $5,000.00 11. Pipe extention N of Bayberry Circle, Nov. 1996 drawings a. 172 LF 15" dia. RCP @ $22.85/LF $3,930.00 b. 1 type `R" inlet in Bayberry $1,885.00 c. 1 manhole $1,250.00 d. mobilization $250.00 12. Backfill wetland trench - complete $8,400.00 13. Mobilization / General conditions $5,000.00 14. Pipe extension N of Manhole to pond, February 1997 drawings a. 38 LF '15" dia. RCP $878.00 b. 15" dia. FES $300.00 15. Engineering design $15,781.00 16. Hydrology $4,105.00 17. Survey $3,000.00 Sub Total $124,466.00 18 Project management fee - 8% $10,019.00 19 Contingency - 10% $12,524.00 TOTAL $147,009.00 b.q.ftmr.k b.v 2