HomeMy WebLinkAboutOLD OAK ESTATES - Filed DA-DEVELOPMENT AGREEMENT - AMENDMENT ONE - 2009-08-26RECEPTION#: 20090059613, 08/26/2009 at
02:50:15 PM,
1 OF 2, R $11.00 TD Pgs: 0
Scott Doyle, Larimer County, CO
OLD OAK ESTATES
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this 2611
day of
2009, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
("City"), and Eric T. and Catherine E. Hutchison, individuals, ("Developer"), is an amendment to
that certain Development Agreement dated July 13, 2008 by and between the City and the
Developer, hereinafter referred to as the "Development Agreement."
WHEREAS, the City and Developer previously executed the Development Agreement; and
WHEREAS, the parties presently desire to modify 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
hereto agree to amend the terms and conditions of the Development Agreement as follows:
A. Subheading II (Special Conditions) Paragraph C.6 shall be replaced with the following:
6. The grading plan that was prepared for this Development does not address the detailed
grading design for Lot 1 and Lots 3 through 6. For these lots, it is agreed that the builder shall
provide the Stormwater Utility with a proposed detailed grading design, to be approved by the Utility
prior to obtaining a building permit. The builder shall allow at least 1 week for the review and
approval of the detailed grading plan submitted. No building permit shall be issued for such lots
unless a grading design is submitted and approved by the Stormwater Utility. This grading design
shall be that used in the construction and grading of the structure(s) on these lots, and shall be the
guiding document used in the grading certification for each of these lots as prescribed in Paragraph
CA herein.
B. Subheading 11(Special Conditions) Paragraph C.8 shall be replaced with the following:
8. The Developer shall be responsible for maintenance of all storm drainage facilities
that are constructed outside of the public right-of-way. After a Certificate of Occupancy is issued for
the structures built on Lots 4 and 6, the lot owners will be responsible for the maintenance of the
water quality ponds and water quality outlet structure located on their lot.
C. Subheading II (Special Conditions) Paragraph C.9. shall be replaced with the following:
9. In addition the Developer shall be required to file a notice with the Larimer County
Clerk and Recorder describing the restrictions that are associated with the water quality ponds that
exist on Lots 4 and 6 within this Development. Said notice shall reference the location of the
specific restrictions shown on plans and notes in the Final Development Plan Documents. Said
notice shall be filed in a City approved form prior to the sale of any lots affected by such restrictions.
City Clerk's Office, Fort Collins. Colorado
V
D. 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 executed this agreement the day and
year first above written.
Or..
ATTEST: SJ EA
CITY CLERK
APPROVED AS TO CONTENT:
L
" City Engineer
A PROV D S TO FORM:
Deputy City A ornev
THE CITY OF FORCOLLINS, COLORADO,
a Municipal Corpor "ion
By:_
City Manager
DEVELOPER:
Eric T. d Catherine E. chi h
By:
Eric T. Hutchison
By:
Catherine VHutchison