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HomeMy WebLinkAboutCREEKSIDE ESTATES PUD - Filed DA-DEVELOPMENT AGREEMENT - FIRST AMENDMENT - 2003-07-31CREEKSIDE ESTATES, P.U.D. FIRST AMENDMENT AGREEMENT T=1AMENDMENT AGREEMENT, made and entered into this day ofW4,, 1989, by and between the CITY OF FORT COLLINS, COLO- RADO, a municipal corporation ("City"), and FAIRFIELD COMPANIES, INC. a Colorado Corporation ("Developer"), is an amendment to that certain Development Agreement dated the 14th day of August, 1989, 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 C of the Development Agreement shall be modified by adding the following: (iii) The Developer and the City agree that the storm drainage system for this development contains some features that make it important to construct the facilities according to the plans and to ensure that the facilities are maintained and kept operational throughout the buildout of this development. For this reason the following additional requirements shall be followed for building on lots 4 and 5. The drainage improvement system required to be con- structed on the above lots shall be completed in accor- dance with the approved utility plans and said completion shall be certified as being in accordance with said plans by a licensed professional engineer. Said certification shall be received by the City prior to the issuance of a building permit for any of the above lots. A certification by such engineer that the drainage systems' function and adequacy to serve its purpose has not been impaired by the construction and landscaping on said lot shall be sub- mitted to the City prior to the issuance of a certificate of occupancy for each of the above lots. In addition, homes constructed on the above lots shall be constructed at, or above, the specified minimum elevations shown on the approved utility plans. To ensure compliance with said elevation requirement, a certification of the elevation by a licensed professional engineer or land surveyor must be submitted to the City prior to the issuance of a certificate of occupancy for any such home. No building permit shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. 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. City Clerk AP ROV AS TO FORM: G'� City Attorney - Director of Engineering CITY OF FORT COLLINS A MUNICIPAL CORPORATION By: -- /&z;�_ Steven C. Burkett City Manager DEVELOPER: FAIRFIELD COMPANIES, INC., a Colorado Corporation Kenneth M. Slyziuk, Presiofikj -2-