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HomeMy WebLinkAboutSUNDERING TOWNHOMES PUD SECOND - Filed OA-OTHER AGREEMENTS - 2004-02-27Sundering Townhomes P.U.D. Amendment Agreement No.2 (Sundering Townhomes P.U.D., Filing Two) � THIS AMENDMENT AGREEMENT, is made and entered into this/6-I day of K- —, 144 by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City"), and HIGHLAND DEVELOPMENT, a Colorado general partnership ("Developer"), is an amendment to that certain Development Agreement dated the 2nd of September, A.D. 1990, by and between the City and HILL POND PROPERTIES LIMITED (the "Development Agreement). WHEREAS, the parties hereto previously executed a Development Agreement on September 2, 1980, which agreement was modified in part by an Amendment Agreement No.1, dated April 16, 1985; and WHEREAS, the parties are presently desirous of further modifying the original Development Agreement referred to above and of superceding the above mentioned Amendment Agreement No.1; NOW THEREFORE, in consideration of the initial 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: Paragraph 3 of Exhibit "A" of the development agreement and Amendment Agreement No.1 is hereby amended to provide as follows: 3. Schedule of street improvements to be installed out of sequence. ( i ) . The Developer shall be responsible for the removal of the street, sidewalk, curb and gutter, grading, landscaping (and for the installation of replacement improvements acceptable to the City) of Shire Court from Weathertop Lane to Shields Street. A landscaping and improvement plan shall be submitted by the Developer, and approved by the City before any construction takes place. Prior to the issuance of building permits for the final five units of the development, the Developer shall either complete construction of the improvements required by the abovementioned landscaping and improvement plan or shall pay to the City the total estimated cost of such construction of improvements. Construction shall be required of the Developer in lieu of payments if a second point of access becomes available to the Development. ( i i ) . The parties acknowledge that the final plat shows Hill Pond Road abutting the East portion of the development property and that a portion of this street may not, in fact, be constructed as part of this development. The parties further acknowledge that, under Section 99-6.C.(4) of the Code of the City of Fort Collins, the developer is liable for improvement of the adjacent portion of said Hill Pond Road. Accordingly, prior to the issuance of building permits for the final five units of the development, the developer agrees to pay the City an amount equal to 100°% of its share of the estimated costs for the improvement of said street, which cost estimate is subject to the approval of the City Engineer. Said improvements are to include, but not be limited to water and sewer lines, pavement, curb, gutter, and sidewalk. The actual physical improvements of said street will be undertaken at a future point in time to be determined by the City, with the cost of such future improvements to be borne by the City and any then existing third party developer of property adjacent to said Hill Pond Road. No additional monetary contribution will be required of this developer for such improvement, provided that no additional property is subsequently developed by this Developer adjacent to said street. Paragraph 5 of Exhibit "A" of the Development agreement is hereby deleted. Except as herein amended or modified, the Development Agreement shall continue in full force and effect. Amendment Agreement No.1, dated April 16,1985, is superseded by this Agreement and shall hereafter be null and void and of no effect. This Agreement, the Development Agreement, and Amendment Agreement No.1 constitutes the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first written. ATTEST: Ci lerk� APPROVED: CiLy A torney ' i Ci y Engineer CITY OF FORT COLLINS a municipal,,gorporation City Manager HIGHLAND DEVELOPMENT, a Colorado general partnership --�� F.Payn-6 \Managing Partne kr Berkley H. Cnway, Managing Partner