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HomeMy WebLinkAboutFOX HILLS SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2003-11-07FOX HILLS SECOND FILING AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT NO. 1, made and entered into this day of 1999, by and between the CITY OF FORT COLLINS, COLORADO, a municipal' corporation ("City"), and DONALD L. HAHN AND L. STEPHEN SIVON AS CO -JOINT VENTURERS OF SPRINGFIELD SUBDIVISION 6"' FILING JOINT VENTURE, A COLORADO JOINT VENTURERS ("Developer"), is an amendment to that certain Development Agreement dated May 6, 1996 by and between the City and the Developer, hereinafter referred to as the "Development Agreement." FACTUAL RECITALS The City and the Developer have executed the Development Agreement in connection with the Fox Hills Second Filing in the City. Subsequently, the Developer constructed certain storm drainage improvements as described in Paragraph 1.1 below, which improvements have benelilted the City's storm drainage system by the addition of capacity in handling the safe disposal of stormwater runoff. The Developer and the City now desire to modify the Development Agreement to provide for partial reimbursement by the City to the Developer for the cost of engineering and construction of said storm drainage improvements. NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Storm Drainage Improvements. 1.1 Description. The Developer has completed construction of the following storm drainage improvements in the Fox Hills Second Filing at a cost of $107,342.66, which improvements have been of benefit to the City's Stormwater Utility, to wit: The developer enlarged the previously existing detention ponds along the North and the South side of Wessex Drive, and also improved the outfalI from these detention ponds by directing it into two 24" ADS N-12 culverts, and then into two 19"00" elliptical Reinforced Concrete Pipes that daylight on the east side of Idledale Drive. From there an improved channel and concrete retaining walls were built to convey the storm runoff safely between two existing Taft Canyon homes and ultimately into the Taft Canyon open space detention pond. 1.2 )moment for Storm Drainage Improvements. The City shall pay to the Developer the sum of $25,000 as its share of the costs of engineering and constructing said storm drainage improvements. The Developer (and Larimer County) shall be responsible for the remaining balance of said costs. The City's payment shall be made to the Developer within sixty (60) days of execution of this Amendment Agreement No. 1. 2. Liability/indemnification. 2.1 Construction Liability. The Developer shall be solely liable for the work performed in the installation of the storm drainage improvements. The Developer hereby indemnifies the City against third party claims in connection with storm drainage construction work performed. 2.2 Liability for Storm Drainage Design. The Developer shall be liable for the design of the storm drainage improvements as constructed for Fox Hills Second Filing, and hereby indemnifies the City against any third party claims in connection therewith. Except as modified above, all other terms and conditions of the Development Agreement shall remain unchanged and in full force and effect, including the exceptions to indemnification contained in Section I, subsection H. of the Development Agreement. Nothing in this Amendment Agreement No. 1 shall be construed to waive, remove, limit or abridge, in any manner or to any extent, the City's and the Developer's right to seek damages from the other for breach of the Development Agreement between them dated May 6, 1996, which occurred prior to the date hereof or to defend against any such actions for damages, and by execution hereof, neither such party admits to any breach of the Development Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. THE CITY OF FORT COLLINS, COLORADO a Colorado municipal corporation By: L i, John F. ischbach, City Manager ATTEST: City Clerk ��,,./-' 6P APPROVED AS TO CONTENT: �-kL --- Directo�cring APPRO D AS TO FORM: ZZ �a-f_ Deputy City Attorney DEVELOPER: DONALD L. HAHN AND L. STEPHEN SIVON AS CO -JOINT VENTURERS OF SPRINGFIELD SUBDIVISION 6 H FILING JOINT VENTURE, A COLORADO JOINT VEN URE By: Donald L. Hahn, Co -Joint Venturer By:/G7 L. Stephen Sivon, Co -Joint Venturer