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HomeMy WebLinkAboutSCENIC VIEWS PUD - Filed DA-DEVELOPMENT AGREEMENT - 1985-11-11Scenic Views P.U.D. Amendment Agreement No.1 THIS AGREEMENT, made and entered into this / q� day of � A,1'4 198,1, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City"), and BLAIR A. KIEFER and JEANNE A. GIDDINGS, owners ,("Developer"), is an amendment to that certain Subdivision Agreement dated the 16th of March, A.D. 1981, by and between the City and SCENIC VIEW, INC.(the "Development Agreement). By this Agreement, the aforesaid Development Agreement is hereby amended in the following particulars: 1. Paragraph 2.A. is replaced in its entirety by the following. 2.A. Water lines. (1). The Developer agrees to install the 12 inch diameter high pressure water line in West Elizabeth Street according to the plans on file in the City Engineer's Office. If the City installs a portion of said line prior to the Developer installing said line the developer agrees to pay the City one-half of the cost of said City installed water line. All payments due under the provisions of this paragraph shall be payable on or before the Developer's request for first building permit. (ii). The City agrees to repay the Developer for oversizing the water mains interior to the development in accordance with Section 112-41.A. of the Code of the City of Fort Collins. When payment is requested by the Developer, the City's obligation for payment shall be limited to those funds then budgeted, appropriated, and available by the City for that development or work then completed. Paragraph 2.C. is replaced in its entirety by the following; 2.C. Storm drainage lines and appurtenances. All storm drainage facilities shall be completed by the Developer and approved by the City prior to the release of more than 26 (twenty-six) building permits. 3. Paragraph 2.D, is replaced in its entirety by the following. 2.D. Streets. (i). All onsite and offsite improvements to West Elizabeth Street shall be completed prior to the issuance of one Certificate of Occupancy. The City agrees to repay the Developer for oversizing West Elizabeth Street to arterial standards in lieu of local street standards in accordance with Section 99-6.F. of the Code of the City of Fort Collins. When r f � r payment is requested by the Developer, the City's obligation for payment shall be limited to those funds then budgeted, appropriated, and available by the City for that development or work then completed. (ii). The Developer may be entitled to reimbursement for construction of portions of West Elizabeth Street in accordance with Section 99-6.B.(6) of the Code of the City of Fort Collins. (iii). The parties acknowledge that, under Section 99-6.C.(4) of the Code of the City of Fort Collins, the Developer is liable for the improvement of that one-half of Orchard Place and that one-half of Overland Trail which is adjacent to the development, less any portion of Overland Trail which is to be oversized in accordance with Section 99-6(F) of the City Code. In lieu of this requirement to physically improve said streets, the City at its option, may require the Developer to pay to the City an amount equal to one hundred percent (100%) of the estimated cost of the Developer's share of the improvement of said streets, which cost estimate is subject to the approval of the City Engineer. This election will be made by the City, and the Developer so notified, prior to the issuance of any building permits for buildings outlined in red on the attached Exhibit 11 1". If payment is to be required, estimated cost shall include, but not be limited to, the cost of water and sewer lines, curb, gutter, sidewalk and pavement. Such payment will be held in escrow by the City until such time as the City, in its sole discretion, determines that the need for improvement of the subject streets presently exists. At the time of such actual, physical improvement, the cost of same will be borne by the City, through application of the escrowed funds previously deposited by the developer, and by any then existing third -party developer of property adjacent to said streets. No additional monetary contribution will be required of this Developer for such improvement, provided that no additional property is subsequently developed by this Developer adjacent to said streets. 4. Paragraph 3 of Exhibit "A" of the development agreement is hereby replaced by the following; 3. See paragraph 3. of this amendment agreement. Except as herein amended or modified, the development agreement shall continue in full force and effect. This agreement and the development agreement constitutes the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first: written. -2- ATTEST: f-% 9 ity er APPRD ED: 1 y ttorn y City ng�neer � CITY OF FORT COLLINS a municipal corporation By 11 Ci y Manager OWNERS -3- No Text