HomeMy WebLinkAboutSIENA PUD - Filed OA-OTHER AGREEMENTS - 2004-02-12SIENA PUD
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this % Day of
of 199 � by and between the CITY OF FORT COLLINS, COLORADO, a municipal —
corporation, ("City") and the Minatta Family Partnership, a Colorado general partnership
("Developer"), is an amendment to that certain Development Agreement dated August 27, 1996
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, 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 are hereby acknowledged,
the parties agree that subheading II (Special Conditions) Paragraph C. shall have the following
sub -paragraphs added to read as follows to wit:
7. The Developer has failed to complete certain required portions of the approved erosion
control plans for Siena PUD which are mandated by the Development Agreement.
Current weather conditions make it physically impossible for the Developer to do so at
this time. The City and the Developer agree that erosion control is an important element
in the protection of existing lands, streams, lakes, wetlands, and rivers that may be
adversely impacted by sediment -laden runoff resulting from construction activities. The
City and the Developer agree, therefore, that no building permits for Siena PUD will be
issued until the following conditions are met: 1) all required silt fencing as shown on
approved utility plans for this development including silt fencing along the east side of lots
21 and 22, across the south end of lot 22, and across the entire southern property line of
the development are installed per City specifications; 2) all required inlet filters as shown
on the approved utility plans for this development on Azuro Drive, Pleasant Valley Road,
Argento Drive, and Clearview Avenue are installed per City specifications; 3) the City
Stormwater Department shall be contacted when these installations are complete in order
that they can be inspected for compliance with City specifications and project plans and
the Developer shall immediately correct any installations or portions of installations which
are not per City specifications and project plans; and 4) the Developer shall have in place a
signed contract with a qualified reseeding/mulching contractor stipulating that the seeding
and straw mulching of all areas which have been stripped of vegetation will be completed
per City specifications and the approved utility plans for this development as soon as snow
cover is sufficiently gone and the soil sufficiently thawed to accomplish this work. The
determination of the time when the soil is sufficiently free of snow and sufficiently thawed
shall be made by the City Stormwater Department in conjunction with the reseeding
contractor. If there is disagreement on this issue, the determination made by the City
Stormwater Department shall be controlling. When these conditions are met, the City and
the Developer agree that no more than ten (10) building permits will be issued for the
development until such time as the reseeding/mulching has been completed.
8. The City and the Developer agree that if at any time the after their installation and
approval the required silt fencing and inlet filters are not properly maintained per City
specifications, any building permits and/or certificates of occupancy not yet issued for the
development shall be withheld until such time as required repairs are made.
Except as modified above, all other terms and conditions of the Development Agreement
shall remain unchanged and in full force and effect.
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 Corpporattii/o�n
By: I. ir.Jrddt
City anger
ATTEST:
I4� —
CITY CLERK
APPROVED AS TO CONTENT:
Director of Engineering
APPROVED AS TO FORM:
Asistant City Attorney
DEVELOPER:
Minatta Family Partnership, a Colorado general
partnership
a
a
Jam L. Mmatta, General Partner