HomeMy WebLinkAboutPARAGON POINT PUD PHASE 2 - Filed OA-OTHER AGREEMENTS - 2004-01-14PARAGON POINT P.U.D., PHASE TWO
AMENDMENT AGREEMENT NO.1
THIS AMENDMENT AGREEMENT, made and entered into this ItA
day of h<,. , of 199 3, by and between the CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter referred to as the
"City" and PARAGON POINT PARTNERS, a Colorado limited partnership,
hereinafter referred to as the "Developer", is an amendment to that
certain Development Agreement dated the 30th of November, A.D.
1992, by and between the City and the Developer "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 II. Special Conditions; section D. Streets;
subsection 2 shall be modified by adding the following
paragraph:
The Developer and the City agree that the completion of Trilby
Road improvements must be delayed until weather conditions
improve to allow for the asphalt paving to be completed.
Notwithstanding the limitations set forth in this Agreement
for the issuance of certificates of occupancy, the Developer
shall have the right to apply for the issuance of up to 9
certificates of occupancy for this development prior to the
completion of said improvements 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 remaining
improvements. The escrow amount required of the Developer
shall be 150% of the Developer's portion of the contract
amount with his contractor for the completion of Trilby Road.
In addition the Developer and the City agree that the
Developer shall be responsible for the maintenance of the
existing gravel road bed of Trilby Road until the construction
is complete and accepted by the City. Said maintenance shall
consist of grading to level out wash board surface, rutting
and holes and repair any other conditions that may result in
unsafe driving conditions. If it is necessary that such
maintenance be performed, the Developer shall respond promptly
by taking the necessary action following notice given by the
City.
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.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
12
/ C/V ►'
By: C
City Manager
ATTEST:
�
; ski CITY CLERK;_
APPROVED AS TO CONTENT:
/ - k/) "
Di ector of nginee
APPROV AS TO FORM:
G
City Attorney
DEVELOPER:
PARAGON POINT PARTNERS, a Colorado
limited partnership
By: Trustar, Inc., a Colorado
corporation, as General Partner
Byron R. Collins, President
ATTEST:
By:
�J x (_✓.h,
Rut G. Collins, Secretary
PARAGON POINT P.U.D., PHASE TWO
AMENDMENT AGREEMENT NO.1
THIS AMENDMENT AGREEMENT, made and entered into this G'`'
day of of 199`-, by and between the CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter referred to as the
"City" and PARAGON POINT PARTNERS, a Colorado limited partnership,
hereinafter referred to as the "Developer", is an amendment to that
certain Development Agreement dated the 30th of November, A.D.
1992, by and between the City and the Developer "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 II. Special Conditions; section D. Streets;
subsection 2 shall be modified by adding the following
paragraph:
The Developer and the City agree that the completion of Trilby
Road improvements must be delayed until weather conditions
improve to allow for the asphalt paving to be completed.
Notwithstanding the limitations set forth in this Agreement
for the issuance of certificates of occupancy, the Developer
shall have the right to apply for the issuance of up to 9
certificates of occupancy for this development prior to the
completion of said improvements 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 remaining
improvements. The escrow amount required of the Developer
shall be 150% of the Developer's portion of the contract
amount with his contractor for the completion of Trilby Road.
In addition the Developer and the City agree that the
Developer shall be responsible for the maintenance of the
existing gravel road bed of Trilby Road until the construction
is complete and accepted by the City. Said maintenance shall
consist of grading to level out wash board surface, rutting
and holes and repair any other conditions that may result in
unsafe driving conditions. If it is necessary that such
maintenance be performed, the Developer shall respond promptly
by taking the necessary action following notice given by the
City.
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.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:
City Ma ager
ATTEST:
CITY CLERK
APPROVED AS TO CONTENT:
/ > Gi7i
Di ector of Engineers
V
/A PROVEIS�AS TO FORM:
City Attorney
DEVELOPER:
PARAGON POINT PARTNERS, a Colorado
limited partnership
By: Trustar, Inc., a Colorado
corporation, as General Partner
ATTEST:
By:
Ruth G. Collins, Secretary 4
j,
Byron R. Collins, President
SEAL
OF