HomeMy WebLinkAboutPONDS AT OVERLAND TRAIL SECOND - Filed OA-OTHER AGREEMENTS - 2004-01-26THE PONDS AT OVERLAND TRAIL,
SECOND FILING
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this ))k;'3day of
of 200 1, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporatio ,
("City"), and Overland Trail, LLC, a Colorado limited liability company, ("Developer"), is an
amendment to that certain Development Agreement dated July 30, 1999, by and between the City
and the Developer, hereinafter referred to as the "Development Agreement."
WHEREAS, the City and the 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.1 shall be replaced with the following
paragraph to read as follows:
1. The Developer and the City agree th�rall on -site and off -site storm drainage
improvements, as shown on the approved final development plan documents, shall be
completed by the Developer in accordance with said final development plan documents.
Completion of said drainage improvements shall be done as follows:
All drainage improvements associated with this development as shown on the
approved final development plan documents and all off -site improvements
associated with this development shall be completed prior to the issuance of more
than 49 building permits in this development. Completion of improvements shall
include the certification by a professional engineer licensed in Colorado that the
drainage facilities which serve this development as well as all off -site
improvements serving this development have been constructed in conformance
with said final development plan documents. Said certification shall be submitted
to the City at least two weeks prior to the date of issuance of any more than 49
building permits in this development.
Q. 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 set their hands the day and year first
above written.
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ATTEST:
)1" �"' , �- —
CITY CLERK
APPROVED AS TO CONTENT:
City Engine
APPROVED AS TO FORM:
Deputy City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:
City NUnager
DEVELOPER:
Overland/T1, L.L., a Colorado Limited Liability
By: z4 L wft
Ha Deutsch, Manager
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