HomeMy WebLinkAboutMEADOWS AT FOX CREEK PUD - Filed DA-DEVELOPMENT AGREEMENT - AMENDMENT TWO - 2001-08-07THE MEADOWS AT FOX CREEK P.U.D.
AMENDMENT AGREEMENT NO. 2
�1� 11
THIS AMENDMENT AGREEMENT, made and entered into this day of 1t %u )1, of
2001, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation,
("City"), and Manion/Boehner, a Colorado limited partnership ("Developer"), is an amendment to
that certain Development Agreement dated February 21, 1997 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, on November 30,1998 the City and the Developer executed the First
Amendment Agreement to the Development Agreement (amending paragraph C.1 of the
development agreement); and
WHEREAS. the parties presently desire to further 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 11 (Special Conditions) Paragraph C.1 as amended by Amendment Agreement
No. 1 shall be replaced with the following paragraph to read as follows:
The final development plan documents for this development call for the phasing of
the construction of storm drainage improvements. The Developer shall complete all
the storm drainage improvements in accordance with the approved "Final Condition
Plan" as shown in the final development plan documents prior to the issuance of
more than 21 building permits in the Development. No building permit shall be
issued on Lot 10 or on Lot 11 prior to completion of all the storm drainage
improvements as shown on the "Final Condition Plan". Completion of
improvements shall include the certification by a professional engineer licensed in
Colorado that the drainage facilities which serve the Development have been
constructed in conformance with said final development plan documents. Said
certification shall be submitted to the City at least two weeks prior to the date of
issuance of additional building permits in the Development.
B. Subheading I1 ( Special Conditions) Paragraph C.9 shall be added to read as follows:
9. The Developer shall limit the construction to the limits of construction as shown
on the final development plan documents. The contractor shall re -seed and
restore any disturbed areas during construction operations promptly following
construction.
C. Subheading II (Special Conditions) Paragraph C.10 shall be added to read as follows:
10. The Developer shall in all cases comply with all current City and FEMA
floodplain requirements on all lots in this Development.
D. 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. 2.
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:
City mviager
ATTEST:
^ �1� C
l!
CI"fY CLERK
*2�-1
APPROVED AS T( CONTENT:
Director of Unginecring
APPRO AS TO FORM:
Dcputy City Attorney
DEVELOPER:
Manion/Boehner, a Colorado Limited Partnership
By:
Jim (anion, General Partner
s
Dale Boehner, General Partner
THE MEADOWS AT FOX CREEK P.U.D.
AMENDMENT AGREEMENT NO. 1
".1',
THIS AMENDMENT AGREEMENT, made and entered into this _t_ day of ��L of
199_, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation,
("City"), and Manion/Boehner, a Colorado limited partnership (`Developer"), is an amendment to
that certain Development Agreement dated February 21, 1997 by and between the City and the
Developer, hereinafier referred to as the "Development Agreement."
WHEREAS, the City and the Developer previously executed the Development
Agreement; and
WhIEREAS, 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 hereto agree to amend the terms and conditions of the Development Agreement as
lbllows:
A. Subheading II (Special Conditions) Paragraph C.1 shall be replaced with the following
paragraph to read as follows:
The Developer and the City agree that all on -site and 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 ofmorc than fourteen (14) building permits in 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. Said certification shall be
submitted to the City at least two weeks prior to the date of issuance of any building
permit in excess of said fourteen (14) building permits.
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 WI IEREOF, the parties hereto have set their hands the day and year first
above written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: +
City anager
AT -'ES
CITY CLERK
APPROVED AS TO CONTENT:
Director of Engineering,/
AP7PR /kD AS TO FORM:
Deputy City Attorney
DEVELOPER:
Manion/Boehner, a Colorado Limited Partnership
By:
Jim anion, General Partner
By: �� /: �J)-,
Dale Boehner, General Partner