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HomeMy WebLinkAboutCOVENTRY - Filed DA-DEVELOPMENT AGREEMENT - AMENDMENT ONE - 2003-07-31COVENTRY SUBDIVISION, FILING No. 1 AMENDMENT AGREEMENT NO.1 TH S ENDMENT AGREEMENT, made and entered into this day of�, ev ► of 199��, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City"; McGRAW LAND L.L.C., a Colorado limited liability company, hereinafter referred to as the "Developer". WHEREAS, the City and the Developer 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 as follows: Subheading I. General Conditions; paragraph C. of the Development Agreement shall be deleted and replaced with the following paragraph: C. No building permit for the construction of any structure within the development shall be issued by the City until the water lines, fire hydrants, sanitary sewer lines and streets (including curb, gutter and sidewalk and pavement with at least the base course completed) serving such structure have been completed and accepted by the City. No building permits shall be issued for any structure located in excess of nine hundred feet (9001) from a single point of access. 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. V THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: QPI - Citj, Manager ATTEST: �9 D CITY CLERK APPROVED AS TO CONTENT: Dir ctor of Engineering APPROVE AS TO FORM: ity Attorney DEVELOPER: McGraw Land L.L.C., a Colorado limited liability company By: :�� James Cory, Managing Member MEMORANDUM OF UNDERSTANDING McGRAW LAND LIMITED LIABILITY COMPANY, a Colorado limited liability company ("the Developer"), is the developer of certain real property located in the City of Fort Collins known as the Coventry Sub Iivision ("the Subdivision"). The City has approved an Erosion Control Plan dated ,Sty �; �� ���Y� , ("the Plan"), for the Subdivision and, pursuant to Section 2.2 the City's Storm Drainage Design Criteria ("the Criteria"), the City has agreed to accept a cash escrow in the amount of Twenty Nine Thousand Two Hundred Twenty and No/100 Dollars ($29,220.00) ("the Cash Escrow") from the Developer to guarantee the proper installation and maintenance of the erosion control measures shown on the Plan and described in the Criteria. The Cash Escrow has been received by the City. If, at any time, the Developer fails to abide by the provisions of the Plan or the Criteria, the City may enter upon the premises described in the Subdivision for the purpose of making such improvements and undertaking such activities as may be necessary to ensure that the provisions of the Plan and the Criteria are properly enforced. The City may apply such portion of the Cash Escrow 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 the Plan and the Criteria. Upon acceptance by the City of the initial installation of the erosion control measures required by the Plan and the Criteria, the Cash Escrow shall be reduced to twenty-five percent (25%) of the actual cost of such measures. The balance of the Cash Escrow shall be held by the City to guarantee the continued maintenance and replacement of such measures for a period not to exceed two (2) years from the date of installation of the erosion control measures. Upon the expiration of said two (2) year period, or the date of certification by the City that the required measures have been fully completed and maintained in accordance with the Plan, whichever occurs first, the ba'iance of the Cash Escrow shall be refunded to the Developer and the right of access granted to the City under this Memorandum of Understanding shall be of no further force and effect. Until such time, the rights of the parties under this Memorandum of Understanding shall run with the Subdivision and be binding upon any subsequent owner thereof, as well as any assignee in interest of the Developer. Dated this day of e . � , . , 1994. DEVELOPER: McGRAW LAND LIMITED LIABILITY COMPANY, a Colorado limited liability company By: �-- — lamesLcbory Managing Member THE CITY OF FORT COLLINS, COLORADO, a municipal corporation By: VMie erzig, D pment Engineering Manager