HomeMy WebLinkAboutGATEWAY AT HARMONY ROAD PUD - Filed OA-OTHER AGREEMENTS - 2003-11-13THE GATEWAY AT HARMONY ROAD P.U.D., FIRST AND SECOND FILINGS
AMENDMENT AGREEMENT NO.1
THk AMENDMENT AGREEMENT, made and entered into this
day of , of 199 by and between the CITY OF FORT COS,
COLORAD a municipal corporation, hereinafter referred to as the
"City" 'nd GATEWAY LUBE LLL, a Colorado limited liability company,
hereinafter referred to as the "Developer," is an amendment to that
certain Development Agreement dated the 28th of April, A.D. 1989,
by and between the City and KENSINGTON PROPERTIES, LTD.
"Development Agreement."
WHEREAS, the parties hereto (or their predessor's in interest)
previously executed the Development Agreement; and,
WHEREAS, GATEWAY LUBE LLL, is now the owner of The Gateway at
Harmony First Filing portion of the development (First Filing); and
WHEREAS, Gateway Lube LLL agreed as part of its purchase of
the First Filing, to become the responsible party for constructing
the remaining public improvements required for the First Filing;
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 is hereby acknowledged, the parties
agree as follows:
Subheading 2. Special Conditions; section C. Storm Drainage
Lines and Appurtenances; subparagraph (ii) shall be modified
by deleting the entire subparagraph and replacing it with the
following:
(ii) The Developer agrees to provide and maintain
erosion control improvements as shown on the
approved utility plans to stabilize all over -lot
grading in and adjacent to this development. The
Developer shall also be required to post a security
deposit in the amount of $1,624.00 prior to
beginning construction to guarantee the proper
installation and maintenance of the erosion control
measures shown on the approved Plan. Said security
deposit shall be made in accordance with the
criteria set forth in the Storm Drainage Design
Criteria and Construction Standards.
Subheading 2. Special Conditions; section D. Streets, shall be
modified by adding the following subparagraph (v):
(v) It is understood that the sidewalk to be
constructed along College Avenue adjacent to Filing
1, as described in Section 2,D,(iv) are "city
improvements" and, as such, any contract for the
construction of the same must be executed in
writing. If the cost of such improvements exceeds
the sum of Fifteen Thousand Dollars ($15,000), the
contract for the construction of the same must be
submitted to a competitive bidding process
resulting in an award to the lowest responsible
bidder; and evidence must be submitted to the City
prior to the commencement of the work showing that
the award was given to the lowest responsible
bidder. If the cost of such improvements exceeds
fifty thousand dollars ($50,000), the contract for
the construction of the improvements must be
insured by a performance bond or other equivalent
security.
Except as herein modified, the Development Agreement shall
continue in full force and effect. This Agreement and the
Development Agreement constitute the entire understanding of the
parties.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
a Muni ipal Corporation
f
By:
City Manager
AT EST.
z M*
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CITY CLERK
APPROVED AS TO CONTENT:
6irector of Engineer l
APPROVED AS TO FORM:
City Attorney
DEVELOPER:
GATEWAY LUBE LLL, a Colorado limited
liabilit company
By: t6ti
Ar hur Paterson,
Managing Member