HomeMy WebLinkAboutWARREN FARMS THIRD - Filed OA-OTHER AGREEMENTS - 2004-03-11WARREN FARMS, 3RD FILING
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this
•Nday of :i7` ,
of 2000, by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, ("City"), and Warren Farms Development Company, LLC, a Colorado limited
liability company, ("Developer"), is an amendment to that certain Development Agreement
dated March 8, 2000 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 presently desire to modify the Development Agreement:
NOW, TI IEREFORE, 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 F.1 shall be replaced with the following
Paragraph to read as follows:
1. The Developer and the City recognize that this development has a ditch running along
one side of the development and seepage from said ditch may impact the ground water
levels in the development. In addition, existing high ground water levels have been
found through out this development. Accordingly, it is agreed that the developer shall be
allowed to install a subdrain system, designed to help prevent water from seeping into
crawl spaces/ basements of homes constructed within the development, in accordance
with the approved plans for this development. The Developer and the City agree that the
City shall not be responsible for the maintenance or proper functioning of said subdrain
system and that it shall be the responsibility of the Developer and its successors and
assigns to maintain said subdrain system.
The City shall not be responsible for, and the Developer hereby agrees to indemnify and
hold harmless the City against, any damages or injuries sustained in the development as a
result of ground water seepage or flooding, structural damage, or other damage unless
such damages or injuries are sustained as a result of the City's failure to properly maintain
its storm drainage facilities in the development. The City agrees to give notice to the
Developer of any claim made against it to which this indemnity and hold harmless
agreement by the Developer could apply, and the Developer shall have the right to defend
any lawsuit based on such claim and to settle any such claim provided Developer must
obtain a complete discharge of all City liability through such settlement. Failure of the
City to give notice of any such claim to the Developer within ninety (90) days after the
City first receives notice of such claim under the Colorado Governmental Immunity Act
for the same, shall cause this indemnity and hold harmless agreement by the Developer to
not apply to such claim and such failure shall constitute a release of this indemnity and
hold harmless agreement as to such claim.
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 written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: I,
City Mbdager
ATTEST:
CITY CLERK
APPROVED AS TO CONTENT:
City Engine
APPROV S TO FORM:
Deputy City Attorney
DEVELOPER:
Warren Farms Development Company, LLC, a Colorado
Limited Liability Company
Burton Boothby, Manager
ATTEST:
Stephen'A. Maguire, Manager'