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HomeMy WebLinkAboutBRIDGES PUD REPLAT TRACT 1 - Filed DA-DEVELOPMENT AGREEMENT - 2003-09-22The Bridges, P.U.D. First Filing Amendment Agreement No.l THIS AGREEMENT, made and entered into this 30 day of , 198q, by and between the CITY OF FORT COLLINS, COLORADO, a mu cipal corporation ("City"), and UNITED BANK OF FORT COLLINS, N.A., a Colorado corporation ("Developer"), is an amendment to that certain Subdivision Agreement dated the 15th day of December, 1980, by and between the City and S/J Sharf Companies. By this Agreement, the aforesaid Subdivision Agreement is hereby amended in the following particulars: The following replaces paragraph 2.C.: 2.C. All storm Drainage Facilities shall be completed prior to the release of 26 building permits. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first written. ATTEST: City Clerk APPROVED: L- Ci y Attorney City Engineer CITY OF FORT COLLINS a municipal corporation City Manager UNITED BANK OF FORT COLLINS, N.A., a Colorado corporation Trello Prince, Vice President (Corporate Seal) Subdivision Agreement Amendment Agreement No. 2 The Bridges, P.U.D., First Filing THIS AGREEMENT, is made and entered into this day of 1985, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City"), and the UNITED BANK OF FORT COLLINS, N.A., a Colorado corporation ("Developer"). WHEREAS, the City previously executed a Subdivision Agreement with S/J Sharf Companies on or about December 15, 1980; and WHEREAS, the United Bank of Fort Collins, N.A., is an assignee in interest of S/J Sharf Companies; and WHEREAS, the City and the United Bank of Fort Collins, N.A., previously entered into an Amendment Agreement No. 1 on or about Auqust 30, 1984, which agreement replaced the oriqinal Paragraph 2.0 of the above mentioned Subdivision Agreement; and WHEREAS, the parties hereto are desirous of further modifying the above mentioned original Subdivision Agreement and of repl_acinn and superseding the above mentioned Amendment -- Agreement No. 1 in its entirety. NOW, THEREFORE, in consideration of the mutualpromises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The following language shall be substituted for Paragraph 2.0 of the above mentioned Subdivision Agreement: 2.0 ( i ) . If the Developer meets all other requirements of. Section 99-B of the Code of the City of Fort Collins, the City Engineers' office shall issue an Engineering release for a footing and foundations (only) permit for all buildings north of New Mercer Canal prior to the completion of any storm drainage facilities. ( i i ) . Prior to the issuance of any full building permit for the above mentioned buildings the Developer shall construct to the City's satisfaction, temporary drainage improvements. Said improvements shall include but not be limited to the crossing for storm water of the Larimer County Canal #2 and a berm to keep all flows on site. ( i i i ) . Prior to the issuance of any additional Certificates of Occupancy beyond the twenty-six previously issued as of this date, all final permanent storm drainage improvements shall be installed by the Developer and approved by the City. 2. The following language shall be substituted for Paragraph 2.1) of the abovementioned Subdivision Agreement: 2.D ( i ) . Prior to the issuance of any full building permits in addition to the twenty-six permits previously issued, the Developer agrees to submit to the City for approval a traffic impact study for this development. ( i i ) . Prior to the issuance of building permits for the three buildings shown in red on Exhibit 1, attached hereto and incorporated herein by reference, the City shall advise the Developer, within six weeks of its receipt of the abovementioned impact study of the improvements that will be required of the Developer for Prospect Road. Upon such notification from the City to the Developer and prior to the issuance of any additional Certificates of Occupancy beyond the twenty-six previously issued as of this date, all improvements required by the City under the provisions of this paraar_aph shall be completed by the Developer. Notwithstanding the foregoing, the City hereby agrees that the Developer's cost of improvements required under the provisions of this paragraph shall not exceed the cost that would have been incurred by the Developer under the original Paragraphs2(1), (2) and (3) of this Agreement as executed on December 15, 1980, and the previously approved utility plans for the development. Except as modified herein, the Subdivision Agreement dated December 15, 1980, shall continue in full force and effect. Amendment Agreement No. 1, dated August 30, 1984, is superseded by this Agreement and shall hereafter be null and void and of no effect whatsoever. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first hereinabove written. CITY OF FORT COLLINS a municipal corporation By: City Manager ATTEST: City C1 rk APPROVED AS? TO FORM: Assi§taht Cfty Attdrney By: UNITED BANK OF FORT COLLINS, N.A., a Colorado corporation Title: I .