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HomeMy WebLinkAboutHARMONY CROSSING PUD - Filed DA-DEVELOPMENT AGREEMENT - AMENDMENT ONE - 2003-11-19HARMONY CROSSING P.U.D. AMENDMENT AGREEMENT NO.l THIS AMENDMENT AGR EMENT, made and entered into this day of �Lf; of 199, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("City") and RICHLAND DEVELOPMENT COMPANY, LLC, a Colorado limited liability company, ("Developer"), is an amendment to that certain Development Agreement dated the 6th of May, A.D. 1994, by and between the City and The Richland Group, a Colorado corporation, hereinafter referred to as the "Development Agreement." WHEREAS, the City and the Developer (or their predessor's in interest) previously executed the Development Agreement; 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 II. Special Conditions; section D. Streets; paragraph 5. shall be modified to add the following: Notwithstanding the forgoing, the Developer shall have the option to postpone the construction of said street improvements on Timberline Road and obtain issuance of building permits for lots 157; 169, 180, 181 and 192 prior to the completion of said improvements, following: (1) the City's receipt of certification by a licensed Professional Engineer that said lots for which building permits are requested have been graded to elevations and contoured in accordance with the approved utility plans; and (2) the escrow of funds to be deposited with the City in the form of cash, certificate of deposit, bond, nonexpiring letter of credit or other form of City approved security sufficient to guarantee completion of said improvements. The escrow amount shall be 150% of the City approved contract unit prices for that portion the Timberline Road construction project adjacent to said lots, excluding the street oversizing portion of improvements for which the Developer may be eligible for reimbursement. 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 CL K, APPROVED AS TO CONTENT: THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: /1yL�Td / 7`✓ fA1 City Manager u� DEVELOPER: RICHLAND DEVELOPMENT COMPANY, LLC, a Colorado,limitedlliabbility company Michael' A. Messina, Manager