HomeMy WebLinkAboutLIND PROPERTY - Filed DA-DEVELOPMENT AGREEMENT - 2005-01-31LAND PROPERTY
AMENDMENT AGREEMENT NO. 1
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THIS AMENDMEN"r AGREEMENT, made and eniered into this' -?A day of January, of
2005. by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation,
("City "), and Centex Homes, a Ncvada general partnership ("Developer"), is an amendment to that
certain Development Agrccancnt dated Octobcr 10, 2003 by and between the City and the Developer,
hereinafter relerred to as the "Development Agreenicnt."
W I I ERFAS, the City and the Developer previously executed the Development
Agreement; and
WI IFREAS, the parties presently desire to modify the Development Agreement:
NOW, THEREFORE., in consideration of the promises of the parties hereto and othci
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
fol lows.
A. Snbhcading II (Special Conditions) Paragraph C(1)(a), shall be replaced with the Following
paragraph (a) to read as follows:
a) All on -site and off -site storm drainage improvements associated with Phase I
of this Development except for the detention pond outfall, as shown on the
Final Devclopmcnt Plan Documents, shall he completed by the Dew Ioper in
accordance with said Final Development Plan Documents prior to the
issuance of more than 28 building permits in Phase 1. Phase 1 construction
shall include the overlot grading of the entire development site. Following
the overlot grading ofthe entire site, all the disturbed areas in Phase 2 that are
slated for future development shall be temporarily seeded and mulched.
Phase I construction shall include the construction of the detention pond
facility and all temporary drainage swales. The detention pond outfall design
shall be reconligurcd, constructed and certified prior to the issuance of any
building permits in Phase 2 ofthis Development. In the eventthat the outfall
construction does not commence prior to JunC 1, 2005, a temporary pump
discharge system shall be installed by the Developer on or before .lone 1,
2005 and tied into an approved drainage outfall. Design of this temporary
syetcm shall be reviewed and approved by the City prior to installation.
13. All other terms and conditions of the Devclopmcnt Agreement shall remain unchanged and in
lull force and effect, except as expressly amended in this Amendment Agreement No. I .
IN WI"FNLSS WHEREOF, the parties hereto have set their hands the day and year first
above written.
ATTEST
�
CI"I'Y CLE N
APPROVED AS TO CONTENT:
Dimctoi af�ngmeering — -----
APPROVED AS TO FORM:
Deputy City Attorney
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: / —
City Manager
DEVELOPER:
Centex Homes, a Nevada general partnership
By: Centex Real Estate Corporation, a Nevada corporation
and it's Managing General Partner �(
Mark L. Krivel, Denver Division President
FIRST ADDENDUM TO DEVELOPMENT AGREEMENT
This First Addendum to Development Agreement is entered into between the City of Fort Collins,
Colorado, a Municipal Corporation, hereinafter referred to as the "City", and Centex Homes, a Nevada
general partnership, hcreinafter referred to as the "Developer", and shall be effective on the date signed by
the City.
I . The City and Developer are parties to a Development Agreement dated October 12, 2003
("Agreement"), regarding the real property described as:
Lind Property, Filing I, a tract of land located in the southwest quarter of
Section 29, Township 8 North, Range 68 West of the 6°i P.M., City of Fort
Collins, County of Larimer, State of Colorado.
2. ']'he parties have agreed to amend the Agreement as follows:
Section 11. Serial Conditions
E. Trail Underpass Construction Cost
l . Prior to the issuance of any building permit in Phase I and prior to the construction
of either County Roads 52 or I I, the Developer shall pay the City Parks and Recreation Department cash
in the amount of $13,079.00. This amount is the estimated cost for the Developer's portion of the City's
trail system. The Developer will design and construct an underpass at County Road 52 for the City's trail
system, and shall coordinate such design and construction with the overall design and construction of the
County Road 52 improvements. The Developer shall submit construction plans for the underpass to the
City fix review and approval prior to the commencement of construction. Upon completion of the trail
underpass, the City will reimburse the Developer for the reasonable and necessary costs related to
Developer's design and construction of the trai I underpass. The construction cost of the trail underpass is
estimated at about $645,000. The City must approve all construction work prior to the payment for such
work to the Developer.
I?xcept as set forth herein, the terms of the Agreement shall remain in full force and effect.
ATIT
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d�N� flo���i�rS
City Clerk
THE CITY OF PORT C(
A Municipal Corporation
By: L -� �L_
Darin A. Atteberry, City M
Date:
APPROVED AS TO CONTENT:
City Engineer
APPRC VI?D AS TO FORM:
i
DepuPYCAtto �
DEVELOPER:
Centex I Iomes, a Nevada general partnership
By: Centex Real Estate Corporation, a Nevada
Corporation and its anaging General P rtner
Bv:
Mark L. Krivel, Denver Division President