HomeMy WebLinkAboutHARVEST PARK - Filed OA-OTHER AGREEMENTS - 2003-11-21HARVESTPARK
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT NO. 1 is made and entered into this 12>i-Iday of
Ocmti ck_ . 2001 by and between the CITY OF FORT COLLINS, COLORADO a
municipal corporation ("City"). and The Writer Corporation, a Delaware corporation
("Developer'), and is an amendment to that certain Development Agreement dated June
30, 2000 between the City and the Developer, hereinafter referred to as the
"Development Agreement".
WHEREAS, the City and the Developer 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 hereto agree to amend the terms and conditions of the
Development Agreement as follows:
A. Subheading II (Special Conditions) Paragraph C.l shall be replaced with the
following paragraph and subparagraphs to read as follows:
1. .(a.) All the storm drainage improvements associated with Phase 1 of
this Development, as shown on the Final Development Plan
Documents shall be completed by the Developer in accordance
with said Final Development Plan Documents prior to the issuance
of more than 8 building permits in Phase I of this Development.
(b.) No more than 55 building permits shall be issued in Phase 2 of this
Development prior to completion of all drainage facilities
associated with Phase 2 of this Development in accordance with
the Final Development Plan Documents and also the "McClelland
Channel Improvements" in accordance with the "Sage Creel/
Harvest Park County Road 9, Box Culverts, and McClelland
Channel Improvement Plans'. If landscaping in the McClelland
Channel cannot be installed due to seasonal restrictions, then the
Developer shall be allowed to deposit in escrow with the City
125% of the cost of said channel landscaping improvements
required in paragraph CA and obtain additional building permits as
necessary. The Developer agrees to complete the above -
referenced "McClelland Channel Improvements" on or before
October 31.2001.
(c.) No more than 59 building permits shall be issued in Phase 3 of this
Development prior to completion of all drainage facilities
associated with Phase 3 of this Development as shown on the Final
Development Plan Documents.
(d.) Completion of the improvements described in paragraph C.1. shall
include the certification by a professional engineer licensed in
Colorado that said drainage facilities have been constructed in
conformance with said Final Development Plan Documents and
the "Sage Creek/Harvest Park County Road 9, Box Culvert and
McClelland Channel Improvement Plans". Certification shall be
submitted to the City at least two weeks prior to the date of
issuance of additional building permits as specified in this
paragraph.
B. 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 writer.
1U�A �City Clerk
APPROVED AS TO CONTENT:
C.
City Engineei
APPROV AS TO FORM:
�Z
Deputy City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal C poration
By:
City MarWer
2
ATTEST:
DEVELOPER:
The Writer Corporation,
A Delaware CoMptation f
By: (-..
Vice Pres ent
Norther Colorad '`