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HomeMy WebLinkAboutHARBOR WALK ESTATES PUD PHASE II - Filed DA-DEVELOPMENT AGREEMENT - AMENDMENT ONE - 2003-11-19HARBOR WALK ESTATES, PHASE II, P.U.D. AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT, made and entered into this day of 199(./, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("City") and SOLLENBERGER DEVELOPMENT COMPANY ("Developer"), is an amendment to that certain Development Agreement dated May 22, 1990, by and between the City and Developer for the Harbor Walk Estates Phase II, P-U.D., hereinafter referred to as the "Development Agreement". 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 premises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree that the fo7.lowing paragraph shall be added under subheading 2 (Special Conditions) Paragraph D.(ii) to read as follows to wit: The Developer and the City agree that the City shall not be responsible for the maintenance or repair of the noise abatement wall located on Tract A of Harbor Walk Estates Phase II P.U.D. and adjacent to the right-of-way for Harbor Walk Lane as shown on the approved utility plans. In addition, since a portion of the footing for said wall extends into the right-of-way for Harbor Walk Lane, the Developer, as Owner of said Tract A, for itself and for any subsequent owner of said Tract A (including any homeowners association that may come into possession of said Tract A) hereby agrees to indemnify and hold harmless the City for any damages incurred to said wall, and/or its footing and foundation, by normal City street maintenance operations, utility maintenance and/or installation, and/or any other damages which may occur to the wall, and/or its footing and the wall being within the right-of-way. The Developer's foregoing indemnification obligation to the City shall cease and terminate at such time as Developer conveys Tract A to Harborwalk Phase II North Homeowner's Association and such Association assumes in writing such indemnification obligation to the City. THE PARTIES FURTHER AGREE that subheading 2 (Special Conditions) Paragraph E.(i) shall be replaced to read as follows to wit: Prior to beginning any construction or importation of fill material to the development site, the Developer shall submit a haul plan to the City Engineering Department for approval. Said haul plan shall include the following items: *Proposed Route *Schedule for the haul *Number of trucks to be used *Load characteristics of all trucks The City shall not have the right to disapprove a hauling plan unless such plan violates applicable City of Fort Collins ordinances, so long as the plan provides that every other loaded hauling truck emanating from south of Harmony Road shall use an alternate route other than from Harmony Road north on Lemay Avenue to the development site. The empty trucks shall be allowed to use Lemay Avenue to return to Harmony Road and points south. Notwithstanding the foregoing, the City shall have the right to require the Developer to use alternative hauling routes for the filled loads. In such event, the City shall promptly notify the Developer of the alternate route and the City shall promptly (within 30 days after receipt of the Developer's documentation of extra cost incurred by the alternate route) pay to the Developer all extra costs incurred by the Developer attributable to the use of the alternate route. Developer shall submit reasonable and verifiable written documentation to the City of the extra costs incurred by the Developer for the use of the alternate route. The fill hauling operation shall follow the approved haul plan. The Developer shall be responsible for any damage caused by the hauling operation to Harbor Walk Drive, Harbor Walk Lane, and the sidewalk, curb, and gutter along the proposed haul access at the Warren Lake spillway. An inspection of the street conditions for Harbor Walk Drive, Harbor Walk Lane, and the sidewalk, curb, and gutter along the proposed haul access at the Warren Lake spillway, shall be made by the City Engineering Department prior to beginning and at the completion of the hauling operation to determine the amount of damage, if any. The City must approve the Developer's proposed method for repairs needed to return the local streets and the sidewalk, curb, and gutter along the proposed haul access at the Warren Lake ti spillway, to the conditions existing at the beginning of the Developer's hauling. The Developer shall repair, to City standards, any damage caused by its operations to Harbor Walk Drive, Harbor Walk Lane, and along the haul access as described above, so as to restore said street improvements to their condition as they existed prior to the Developer's commencement of hauling of fill material. 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. ATTEST: City Cler] APPROVED AS TO CONTENT: 1 -,7 Director of Enginee i APPROV AS TO FORM: City Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation Cit Manager rH DEVELOPER: SOLLENBERGER DEVELOPMENT CORP., a Colorado Corporation BY Michael F. Sollenberger, Presi ent (corporate seal)