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HomeMy WebLinkAboutHAR SHALOM MINOR SUB - Filed OA-OTHER AGREEMENTS - 2003-11-19CONGREGATION BAR SHALOM SUBDIVISION AMENDMENT AGREEMENT N0.1 THNDMENT AGREEMENT, made and entered into this 0 ot/- day of -rG'c , of 199.3, by and between the CITY OF FORT COLLINS, COLORA 0, a municipal corporation, hereinafter referred to as the "City" and CONGREGATION HAR SHALOM, a Colorado non-profit religious corporation, hereinafter referred to as the "Developer," is an amendment to that certain Subdivision Agreement dated the 15th of June, A.D. 1981, by and between the City and the Developer, hereinafter referred to as the "Development Agreement." WHEREAS, the parties hereto 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 is hereby acknowledged, the parties agree as follows: Subheading 2. Special Conditions; section D. Streets shall be modified to delete the sentence " See Exhibit "A"." and add the following paragraph: The Developer and the City agree that the Developer shall complete the design and construction of the curb and gutter with related pavement improvements along the development frontage of Drake Road prior to the issuance of the next building permit for this development. Notwithstanding the foregoing, the Developer shall have the option to postpone the construction of said improvements and obtain issuance of a building permit following the escrow of funds to be deposited with the City in the form of cash, bond, nonexpiring letter of credit or other form of City approved security sufficient to guarantee completion of the Developer's share of said improvements. The escrow amount shall be 1500 of the estimated cost to complete said improvements (see estimated cost on attached Exhibit "C"). However, said improvements shall be designed, constructed and accepted by the City prior to the issuance of a certificate of occupancy. Exhibit "A"; subheading 3. Schedule of street improvements to be installed out of sequence; paragraph shall be deleted and replaced with the following paragraph: Completion of the Drake Road curb, gutter and pavement improvements along the frontage of this development shall be completed in accordance with the provisions in Subheading 2.D. of this Agreement. Except as herein modified, the Development Agreement shall continue in full force and effect. This Agreement and the Development Agreement constitute the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ATTEST:: O Lt • - CITY CLERK APPROVED AS TO CONTENT: �z � ng Director of Engineerlg, APPROVW) AS TO FORM: ity Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation BY ,G//%12 itY M nag DEVELOPER: CONGREGATION HAR SHALOM, a Colorado non-profit religious corporation Neil Sherrod, President ATTEST: By: l Gary Sp vak, Secretary (corporate seal) STEWART&ASSOCIATES Consulting Engineers and Surveyors August 18, 1993 Mr. Mike Herzig Development Coordinator City of Fort Collins P.O. Box 580 Fort Collins, Colorado Dear Mike: 80522 Re: Han Shalom Minor Subdivision EXHIBIT "C" I have calculated the cost to install curb and gutter along the frontage of the Har Shalom Minor Subdivision to be Five Thousand Eight Hundred Seventy — Two Dollars ($5,872.00). This is based upon the following estimated costs: 1. 258 L.F. Curb and Gutter at $11.00 per L.F. $2,838.00 2. 212 S.F. Concrete Driveway at $3.50 per S.F. 742.00 3. 57.3 S.Y. of 10—inch Depth Asphalt at $40.00 per S.Y. 2,292.00 Total $5,872.00 Please call if you have any questions regarding this estimate. Sincerely, Phillip I. Robinson, P.E. & L.S. Vice President jrr James H. Stewart and Associates, Inc - 103 S. Meldrum Street P.O. Box 429 Ft- Collins. CO 80522 303/d82-9331 Fax 303 182-9382