HomeMy WebLinkAboutSUNSTONE VILLAGE FOURTH - Filed OA-OTHER AGREEMENTS - 2009-03-16rn
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SUNSTONE VILLAGE P.U.D. FOURTH SUBDIVISION
FIRST AMENDMENT AGREEMENT
THIS AMENDMENT AGREEMENT, made and entered into this Z�_
day 6TAL2L.,in , 1989, by and between the CITY OF FORT COLLINS, COLO-
RAD , m icipal corporation ("City"), and SUNSTONE VILLAGE ASSOCI-
ATES, a Colorado General Partnership ("Developer"), is an amendment to that
certain Development Agreement dated the 5th day of December, 1988, by and
between the City and the Developer, ("Development Agreement").
WHEREAS, the parties hereto previously executed the Development Agree-
ment; 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 D. (Streets), of the
Development Agreement shall be modified in its entirety to provide as
follows:
D. Streets
(i) The Developer shall be responsible for the design and
construction of certain street improvements to Timberline
Road described below. The Developer shall complete the
design of all such improvements and shall make payment
to the City for the cost of the Developer's share of the
improvements. The design shall be completed and approved
by the City and the above mentioned payment made to the
City prior to the issuance of more than 33 building per-
mits. The design to be provided to the City by the Devel-
oper shall include all improvements for that portion of
Timberline Road which abuts the Development and also
that portion of the frontage of Timberline Road which
abuts adjacent property to the north of the Development to
a point which connects with the design for Timberline
Road at Fox Meadows Business Park. The amount of pay-
ment to be made to the City for the construction of said
improvements shall be in an amount sufficient to cover the
cost of construction of the local street portion of the
on -site property frontage, which shall be the average of
three bids on the completed design received by the Devel-
oper to construct the improvements. Said payment shall be
made in two portions described as follows:
(A) two thirds of the Developer's cost shall be paid in
cash.
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(B) one third of the Developer'
paid in the form of a letter
duration to extend through the
tion of the improvements.
s estimated cost plus 25%
of credit of sufficient
actual period of construc-
The City shall reimburse the Developer for the Developer's
reasonable engineering cost to design the Timberline Road
street improvements along the frontage of the adjacent off -
site property to the north of the Development. Reimburse-
ment for the engineering cost may be taken as a credit
against the cash payment due pursuant to subparagraph (A)
of this paragraph.
If the Developer of the Fox Meadows Business Park
decides to construct its development adjacent to Timberline
Road, together with the Timberline Road street improve-
ments adjacent to its development, then the Developer
shall, in lieu of making the above payment to the City, be
entitled at its option, to itself construct the Timberline
Road street improvements along the frontage of the Devel-
opment plus the improvements along the frontage of the
adjacent property to the north, between Sunstone and Fox
Meadows.
If the Developer does construct the street improvements on
Timberline Road, subject to the terms and conditions of
the agreement, the City shall reimburse the Developer for:
(a) the cost of oversizing the street to major arterial
standards along that portion of Timberline Road which
abuts the Development as shown on the approved utility
plans. Such reimbursement shall be made in accordance
with Section 24-21 of the Code of the City. The Devel-
oper agrees and understands that the City shall have no
obligation to make reimbursement payments for street
oversizing unless funds for such payments shall first have
been budgeted and appropriated from the Street Oversizing
Fund by the City Council; and the Developer further
understands that to the extent that funds are not available
for such reimbursement, the City may not, in the absence
of the Developer's agreement, require the construction, at
the Developer's expense, of any oversized portion of streets
not reasonably necessary to offset the traffic impacts of
the Development. The Developer agrees to construct the
aforesaid oversized street improvements with the under-
standing that the Developer may not be fully reimbursed
by the City for the cost of such construction. The Devel-
oper further agrees to accept payment in accordance with
Section 24-121 (d) of the code of the City as full and
final settlement and complete accord and satisfaction of all
obligations of the City to make reimbursements to the
Developer for street oversizing expenses.
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It is anticipated by the City that the City's reimbursement
in accordance with Section 24-121 (d), would not be less
than fifty percent (50%) of the Developer's actual expenses
incurred and will be calculated in accordance with the
formula as set forth in Section 24-121 (d).
(b) The entire cost of designing and constructing the
Timberline Road improvements adjacent to the property to
the north of the Development.
(iii) Prior to beginning the construction of any improvements to
Timberline Road, the Developer shall deposit with the City
a cash guarantee in the form of a certificate of deposit,
cash, performance bond, letter of credit or other city
approved means to guarantee the completion of all public
improvements to be constructed in the street rights -of -way
in accordance with the approved utility plans on file in
the office of the Director of Engineering. The amount
deposited shall be equal to 100% of the estimated cost of
the improvements. The estimate shall be prepared by the
Developer and submitted to the Director of Engineering for
review and approval.
Except as herein amended or modified, the Development Agreement shall
continue in full force and effect. This Agreement and the Development Agree-
ment constitute the entire understanding of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands the day
and year first above written.
L1M'_ity'_C61erk
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AS TO FORM:
City Attorney
Director Engineering
CITY OF FORT COLLINS
A MUNICIPAL CORPORATION
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DEVELOPER:
SUNSTONE VILLAGE ASSOCIATES,
a Colorado General Partnership
By: Super Group, Inc., a Colorado
Corporation, General Partner
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Lawrence M. Kendall, President
(corporate seal)
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