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HomeMy WebLinkAboutGATEWAY AT HARMONY ROAD PUD - Filed OA-OTHER AGREEMENTS - 2003-11-13THE GATEWAY AT HARMONY ROAD P.U.D., FIRST AND SECOND FILINGS AMENDMENT AGREEMENT NO.1 THk AMENDMENT AGREEMENT, made and entered into this day of , of 199 by and between the CITY OF FORT COS, COLORAD a municipal corporation, hereinafter referred to as the "City" 'nd GATEWAY LUBE LLL, a Colorado limited liability company, hereinafter referred to as the "Developer," is an amendment to that certain Development Agreement dated the 28th of April, A.D. 1989, by and between the City and KENSINGTON PROPERTIES, LTD. "Development Agreement." WHEREAS, the parties hereto (or their predessor's in interest) previously executed the Development Agreement; and, WHEREAS, GATEWAY LUBE LLL, is now the owner of The Gateway at Harmony First Filing portion of the development (First Filing); and WHEREAS, Gateway Lube LLL agreed as part of its purchase of the First Filing, to become the responsible party for constructing the remaining public improvements required for the First Filing; 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 2. Special Conditions; section C. Storm Drainage Lines and Appurtenances; subparagraph (ii) shall be modified by deleting the entire subparagraph and replacing it with the following: (ii) The Developer agrees to provide and maintain erosion control improvements as shown on the approved utility plans to stabilize all over -lot grading in and adjacent to this development. The Developer shall also be required to post a security deposit in the amount of $1,624.00 prior to beginning construction to guarantee the proper installation and maintenance of the erosion control measures shown on the approved Plan. Said security deposit shall be made in accordance with the criteria set forth in the Storm Drainage Design Criteria and Construction Standards. Subheading 2. Special Conditions; section D. Streets, shall be modified by adding the following subparagraph (v): (v) It is understood that the sidewalk to be constructed along College Avenue adjacent to Filing 1, as described in Section 2,D,(iv) are "city improvements" and, as such, any contract for the construction of the same must be executed in writing. If the cost of such improvements exceeds the sum of Fifteen Thousand Dollars ($15,000), the contract for the construction of the same must be submitted to a competitive bidding process resulting in an award to the lowest responsible bidder; and evidence must be submitted to the City prior to the commencement of the work showing that the award was given to the lowest responsible bidder. If the cost of such improvements exceeds fifty thousand dollars ($50,000), the contract for the construction of the improvements must be insured by a performance bond or other equivalent security. 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. THE CITY OF FORT COLLINS, COLORADO, a Muni ipal Corporation f By: City Manager AT EST. z M* • .� CITY CLERK APPROVED AS TO CONTENT: 6irector of Engineer l APPROVED AS TO FORM: City Attorney DEVELOPER: GATEWAY LUBE LLL, a Colorado limited liabilit company By: t6ti Ar hur Paterson, Managing Member