HomeMy WebLinkAboutBLOCK 51 WEST MOUNTAIN PLAZA - Filed OA-OTHER AGREEMENTS - 2004-03-12West Mountain Plaza P.U.D.
Amendment Agreement No.1
THIS AGREEMENT, made and entered into this day of -1,L ,
198, by and between the CITY OF FORT COLLINS, COLORADO, a —municipal
corporation ("City"), and WEST MOUNTAIN PLAZA PARTNERSHIP, a Colorado
general partnership, ("Developer").
WHEREAS., the City previously executed a Development Agreement with
West Mountain Plaza Partnership dated on or about the 28th day of
September, 1981; and
WHEREAS., the parties hereto are desirous of modifying the original
Development Agreement referred to above; and
NOW THEREFORE, in consideration of the mutual 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:
Paragraph 2.C. is replaced in its entirety by the following:
2.C. Storm drainage lines and appurtenances.
The parties acknowledge that, under Section 93-2 of the City Code,
the Developer is required to comply with certain storm water
detention requirements but that a temporary variance to the detention
requirements has been approved by the Storm Drainage Utility of the
City of Fort Collins. The Developer agrees that if at any time the
adjacent property to the east of the development, currently known as
the Edwards House, is required by the City to detain storm water upon
such property, then the Developer will also be required to detain its
storm water upon its own property to such specifications as required
by the City.
Paragraph 2.D, is replaced in its entirety with the following:
2.D. Streets.
Prior to the issuance of any building permits the Developer agrees to
submit t:o the City a design including a plan, profile and cross
section design for the Alley adjacent to this development and to
obtain City approval of said design for the alley. Such design must
must analyze the downstream conditions, in regard to storm drainage,
in detail and show, to the City's satisfaction, that no adverse
downstream effects will occur from the design and construction of the
alley.
Paragraph 2.E. is added as follows:
2.E. Other.
The Developer agrees to assume sole responsibility for the mainte-
nance of all existing curbs, gutters and sidewalks and agrees to
replace any damaged or defective portions thereof prior to the
issuance of any Certificate of Occupancy.
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.
�ATTEST:
City Clerk
APPROVED AS TO FORM:
I
/rJ ,
City Altorney
ty E neer
CITY OF FORT COLLINS
a municipal corporation
B
City M� anager
WEST MOUNTAIN PLAZA PARTNERSHIP, a
Colorado general partnership
-- R6
Tom Smit IJManaging Partner