HomeMy WebLinkAboutHAMLET AT MIRAMONT PUD - Filed DA-DEVELOPMENT AGREEMENT - AMENDMENT ONE - 2003-11-18THE HAMLET AT MIRAMONT, PUD
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this(12r1' Day ofc'T�u3 1`
of 199_G, by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, ("City") and BUENO DEVELOPMENT, LLC, a Colorado Limited Liability
Company (`Developer"), is an amendment to that certain Development Agreement dated June 13,
199E 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 presently desire to modify 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 here to agree to amend the terms and conditions of the Development Agreement as
follows
-
A_ Subheading I (General Conditions) Paragraph C shall be replaced with the following
paragraph to read as follows:
C No building permit for the construction of any structure within the development shall
be issued by the City until the water lines, fire hydrants, sanitary sewer lines and streets
(including curb, gutter and sidewalk and pavement with at least the base course
completed) serving such structure have been completed and accepted by the City.
Notwithstanding the forgoing, the Developer shall be entitled to receive a building permit
for the construction of improvements within the development upon the installation of
adequate water lines, fire hydrants, and street access to provide fire protection and other
emergency services to the site. All such water lines, hydrants and street access shall be
approved by the Poudre Fire Authority prior to issuance of any building permit. No
building permits shall be issued for any structure located in excess of nine hundred feet
(900') from a single point of access.
B. Subheading II (Special Conditions) Paragraph A the words `NOT APPLICABLE' shall be
replaced with the following paragraph to read to follows:
1 _ All water lines for this development shall be installed in accordance with the approved
utility plans for this development and the phasing that is shown therein.
C- Subheading II (Special Conditions) Paragraph B the words `NOT APPLICABLE' shall be
replaced with the following paragraph to read to follows:
1. All sewer lines for this development shall be installed in accordance with the approved
utility plans for this development and the phasing that is shown therein.
D. Subheading 11 (Special Conditions) Paragraph C.1 shall be replaced with the following
paragraph to read as follows:
1. The Developer and the City agree that all off -site storm drainage improvements, as
shown on the approved utility plans for this development, shall be completed by the
Developer in accordance with the approved plans prior to the issuance of one (1) building
permit in Phase 2 of the development. Completion of improvements shall include the
certification by a professional engineer licensed in Colorado that the drainage facilities
which serve this development have been constructed in conformance with said approved
plans Any deviations from the approved utility plans for off -site drainage improvements
of the development shall be the responsibility of the Developer to correct prior to the
issuance of one (1) building permit in Phase 2. Said certification shall be submitted to the
City at least two (2) weeks prior to the date of issuance of any building permit for Phase 2
of the development. The Developer and the City agree that all on -site drainage
improvements, as shown on the approved utility plans for this development for Phase 1,
shall be completed by the Developer in accordance with the approved plans prior to the
issuance of any certificate of occupancy in Phase 1 of the development. Completion of
improvements shall include the certification by a professional engineer licensed in
Colorado that the drainage facilities which serve this development have been constructed
in conformance with said approved plans. Any deviations from the approved utility plans
for Phase 1 of the development shall be the responsibility of the Developer to correct prior
to the issuance of any certificate of occupancy. Said certification shall be submitted to the
City at least two (2) weeks prior to the date of issuance for any certificate of occupancy
for Phase 1 of the development. The Developer and the City agree that all on -site storm
drainage improvements, as shown on the approved utility plans for this development for
Phase 2, shall be completed by the Developer in accordance with the approved plans prior
to the issuance of any certificate of occupancy in Phase 2 of the development. Completion
of improvements shall include the certification by a professional engineer licensed in
Colorado that the drainage facilities which serve this development have been constructed
in conformance with said approved plans. Any deviations from the approved utility plans
for Phase 2 of the development shall be the responsibility of the Developer to correct prior
to the issuance of any certificate of occupancy. Said certification shall be submitted to the
City at least two (2) weeks prior to the date of issuance for any certificate of occupancy
for Phase 2 of the development. The Developer and the City agree that all on -site storm
drainage improvements, as shown on the approved utility plans for this development for
Phases 1, 2 and 3, shall be completed by the Developer in accordance with the approved
plans prior to the issuance of any certificate of occupancy in Phase 3 of the development.
Completion of improvements shall include the certification by a professional engineer
licensed in Colorado that the drainage facilities which serve this development for Phases 1,
2 and 3 have been constructed in conformance with said approved plans. Any deviations
from the approved utility plans for Phases 1, 2, and/or 3 of the development shall be the
responsibility of the Developer to correct prior to the issuance of any certificate of
occupancy. Said certification shall be submitted to the City at least two (2) weeks prior to
the date of issuance for any certificate of occupancy for Phase 3 of the development.
F. Subheading II (Special Conditions) Paragraph C shall have the following Paragraphs 4 and 5
added to read as follows:
4. The City agrees to reimburse the Developer for the pro -rated portion of the detention
pond and associated appurtenances of the off -site storm drainage improvements that are
being done at the northwest corner of Lemay Avenue and Boardwalk Drive. The amount
of reimbursement shall be pro -rated based on the calculated storm drainage flows (for
developed conditions) from the City's park land adjacent to Boardwalk Drive into the off -
site detention pond.
5 In accordance with City Code Section 26-546, upon the completion of the off -site
stormwater detention pond and all associated structures and/or improvements located at
the northwest corner of Lemay Avenue and Boardwalk Drive, the City's acceptance of
said improvements, and the Developer's full and final payment to its contractor(s) for the
completion of said improvements, the Developer may request that the City Storm
Drainage Utility prepare a reimbursement agreement so that the Developer may seek
recovery of portions of its expenses incurred in constructing said storm drainage detention
pond improvements from future development which will utilize said detention pond. This
shall occur if said detention pond is designed and sized to accommodate the anticipated
runoff from the future developments that will utilize said detention pond. In accordance
with City Code Section 26-546, said reimbursement agreement will only be prepared at
the timely written request of the Developer and the Developer is responsible for suppling
the City with copies of all documents which may include bids, receipts, invoices, etc.
necessary to establish and document the actual cost of construction of said improvements.
F. All other terms and conditions of the Development Agreement shall remain unchanged and in
full force and effect, except as expressly amended in this Amendment Agreement No. 1.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first
above written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: t • -hacKXz�.Yi
City anager
CITY CLERK
APPROVED AS TO CONTENT:
DirecEngineering
APPROVED AS TO FORM:
Asstant City Attorney
DEVELOPER:
BUENO DEVELOPMENT, LLC, a Colorado
Limited Liability Company
By:
William R. Krug, Manager