HomeMy WebLinkAboutTELLEZ ESTATES - Filed OA-OTHER AGREEMENTS - 2004-03-02TELLEZ ESTATES SUBDIVISION
AMENDMENT AGREEMENT NO. I
THIS AMENDMENT AGREEMENT, made and entered into this
day ofj)-'of 199,_, by and between the CITY OF FORT
COLLINS, COLORADO, a municipal corporation, ("City") GLEN A.
NELSON, and JEAN W. NELSON ("Developer"), is an amendment to that
certain Development Agreement dated September 25,1986, by and
between the City and TED G. ROSE, an individual, hereinafter
referred to as the "Development Agreement."
WHEREAS, the City and the Developer's predecessor in
interest previously executed the Development Agreement; 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 that Subheading 2.(Special Conditions), Section C. "Storm
Drainage Lines and Appurtenances", Paragraph (i) shall be
replaced to read as follows to wit:
(i) The Developer and the City agree that all on -site and
off -site storm drainage improvements shall be completed by
the Developer in accordance with the approved utility plans
prior to the issuance of any certificate of occupancy.
Completion of improvements shall include the certification
by a licensed professional engineer that the drainage
facilities which serve this development have been
constructed in conformance with said approved plans. Said
certification shall be submitted to the City at least two
weeks prior to the date of issuance of any certificate of
occupancy.
THE PARTIES FURTHER AGREE THAT the following paragraph shall
be added under subheading 2. (Special Conditions), Section C.
"Storm Drainage Lines and Appurtenances", as Paragraph (ii) to
read as follows, to wit:
(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 $1000.00 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 (Criteria). If,
at any time, the Developer fails to abide by the provisions
of the approved utility plans or the Criteria, the City may
enter upon the Property for the purpose of making such
improvements and undertaking such activities as may be
necessary to ensure that the provisions of said plans and
the Criteria are properly enforced. The City may apply such
portion of the security deposit as may be necessary to pay
all costs incurred by the City in undertaking the
administration, construction, and/or installation of the
erosion control measures required by said plans and the
Criteria.
THE PARTIES FURTHER AGREE THAT Subheading 2. (Special
Conditions), Section D. "Streets", Paragraph (i) shall be
replaced to read as follows, to wit:
(i) The Developer and the City agree that the Developer is
obligated for the construction of the arterial standard
street improvements for Lemay Avenue along the frontage of
the Property, as shown on the approved utility plans on file
with the City Engineering Department. The requirement for
the construction of said improvements has been delayed until
the issuance of a second building permit on the Property or
until such time as the City determines that said arterial
street improvements are needed, whichever occurs first.
Should the City construct the arterial street improvements
on Lemay Avenue, the Developer and the City agree that the
Developer shall reimburse the City for the Developer's local
street portion of the cost of said improvements (including
curb and gutter, 4 feet of sidewalk width, and one travel
lane of Eull-depth asphalt) in accordance with Section 24-95
of the City Code.
Should the Developer install the arterial improvements on
Lemay Avenue, the Developer may be eligible for
reimbursement for the cost of oversizing the street from
local street standards to arterial street standards in
accordance with the provisions of Chapter 24, Division 2.
(Street Oversizing Funds) of the City Code in effect at the
time of said request for reimbursement.
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.
ATTEST:
L �YICity Clerk"
APPROVED AS TO CONTENT:
A � �
Director of Engine i
APPROVED AS TO FORM:
<�.City Attornley
J
THE CITY OF FORT COLLINS, COLORADO,
a MunicipalCorporation
By: ' f nfwc
City anager
DEVELOPER:
Glen" A. Nelson
Jean W. Nelson