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HomeMy WebLinkAboutGOLDEN MEADOWS FIFTH REPLAT OF TRACT A REPLAT OF LOTS 1-22 - Filed OA-OTHER AGREEMENTS - 2003-11-14REPEAT OF TRACT "A", GOLDEN MEADOWS, FIFTH FILING FIRST AMENDMENT AGREEMENT THIS AMENDMENT AGREEMENT, made and entered into this/t day of 1990, by and between the CITY OF FORT COLLINS, COLO- RADO, municipal corporation ("City"), and STORCK DEVELOPMENT CORPORATION, a Colorado Corporation ("Developer"), is an amendment to that certain Development Agreement dated the 4th day of May, 1989, by and between the City and the Developer, ("Development Agreement"). WHEREAS, the parties hereto previously executed the Development Agree- mcnt, and WHEREAS, the Developer has received approval of a replat of Lots I through 22 into a different configuration; and WHEREAS, the replat of said lots necessitates the modification of certain provisions of the Development Agreement; 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 B (i) of the Development Agreement shall be modified in its entirety to provide as follows: B. Sewer Lines. (i) Lot 36 is burdened by a utility access easement. Prior to the issuance of any Certificate of Occupancy for the lot, the developer shall construct fencing along the perimeter of said lot to the extent that such perimeter also touches upon said easement and provided further that a gate of not less than ten (10) feet in width shall be installed for utility access to said easement in the fence installed. The gate shall be installed on the side yard perimeter of the lot to enable the City to have ready utility access to the easement. Subheading 2. Special Conditions, subparagraph C (i) of the Development Agreement shall be modified in its entirety to provide as follows: C. Storm drainage lines and appurtenances. (i) The Developer and the City agree that all on -site and off -site storm drainage improvements shall be completed by the Developer prior to the issuance of the 20th building permit. Completion of improvements shall include the certification by a licensed professional engineer that the drainage facilities which service this development, have been constructed in conformance with the approved plans. Except as herein amended or 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. CITY OF FORT COLLINS A MUNICIPAL CORPORATION By: C St6ven C. Burkett City Manager Cityy ler( K �S APPROVEP-�XS TO FORM: City Attorney s 1L /a ,/I)ircctor df ngineering DEVELOPER: STORCK DEVELOPMENT CORPORATION, a Colorado Corporation By: / / Rigid Storck, esider�nt ATTEST: ' a 0 By: Aletha Langha - o�dwin, Secretary e/ (corporate scat) -2-