HomeMy WebLinkAboutCREEKSIDE ESTATES PUD - Filed DA-DEVELOPMENT AGREEMENT - FIRST AMENDMENT - 2003-07-31CREEKSIDE ESTATES, P.U.D.
FIRST AMENDMENT AGREEMENT
T=1AMENDMENT AGREEMENT, made and entered into this
day ofW4,, 1989, by and between the CITY OF FORT COLLINS, COLO-
RADO, a municipal corporation ("City"), and FAIRFIELD COMPANIES,
INC. a Colorado Corporation ("Developer"), is an amendment to that certain
Development Agreement dated the 14th day of August, 1989, by and between the
City and the Developer, ("Development Agreement").
WHEREAS, the parties hereto previously executed the Development Agree-
ment; and
WHEREAS, the parties are presently desirous of modifying the Develop-
ment Agreement.
NOW, THEREFORE, in consideration of the 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:
Subheading 2 (Special Conditions), subparagraph C of the Development
Agreement shall be modified by adding the following:
(iii) The Developer and the City agree that the storm drainage
system for this development contains some features that
make it important to construct the facilities according to
the plans and to ensure that the facilities are maintained
and kept operational throughout the buildout of this
development. For this reason the following additional
requirements shall be followed for building on lots 4 and
5.
The drainage improvement system required to be con-
structed on the above lots shall be completed in accor-
dance with the approved utility plans and said completion
shall be certified as being in accordance with said plans
by a licensed professional engineer. Said certification
shall be received by the City prior to the issuance of a
building permit for any of the above lots. A certification
by such engineer that the drainage systems' function and
adequacy to serve its purpose has not been impaired by the
construction and landscaping on said lot shall be sub-
mitted to the City prior to the issuance of a certificate
of occupancy for each of the above lots. In addition,
homes constructed on the above lots shall be constructed
at, or above, the specified minimum elevations shown on
the approved utility plans. To ensure compliance with
said elevation requirement, a certification of the elevation
by a licensed professional engineer or land surveyor must
be submitted to the City prior to the issuance of a
certificate of occupancy for any such home. No building
permit shall be issued for any structure located in excess
of six hundred sixty feet (660') from a single point of
access.
Except as, herein amended or modified, the Development Agreement shall
continue in full force and effect. This Agreement and the Development Agree-
ment constitute the entire understanding of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands the day
and year first: above written.
City Clerk
AP ROV AS TO FORM:
G'�
City Attorney -
Director of Engineering
CITY OF FORT COLLINS
A MUNICIPAL CORPORATION
By:
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Steven C. Burkett
City Manager
DEVELOPER:
FAIRFIELD COMPANIES, INC.,
a Colorado Corporation
Kenneth M. Slyziuk, Presiofikj
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