HomeMy WebLinkAboutHARMONY SCHOOL SHOPS SECOND - Filed OA-OTHER AGREEMENTS - 2003-11-24HARMONY SCHOOL SHOPS, SECOND FILING
AMENDMENT AGREEMENT NO. I
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THIS AMENDMENT AGREEMENT, made and entered into this I(- day of(*,,(,
2001, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("City"),
and Western V11 Investment, LLC, a Delaware limited liability company, hereinafter referred to as the
"Developer", is an amendment to that certain Development Agreement dated November 12, 1999 by and
between the City and the Developer, hereinafter referred to as the "Development Agreement."
WHEREAS, the City and the Developer previously executed the Development Agreement; and
WHEREAS, the parties presently desire to modify 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 are hereby acknowledged, the parties hereto
agree to amend the terms and conditions of the Development Agreement as follows:
A. Subheading 11 (Special Conditions) Paragraph A. shall be replaced with the following:
1. All Phase 1 and Phase 2 waterline installation including all mains, lines, services, fire hydrants
and appurtenances shall be in place and accepted prior to the issuance of any building permit for the site.
B. Subheading 11 (Special Conditions) Paragraph B. shall be replaced with the following:
I. All Phase I and Phase 2 Sewer installation including all mains, lines and services shall be in
place and accepted prior to the issuance of any building permit for the site.
C. Subheading 11 (Special Conditions) Paragraph C.1. shall be replaced with the following:
1. The Developer and the City agree that all on -site and off -site storm drainage improvements, for
Phases 1 and 2, as shown on the approved final development plan documents, shall be completed by the
Developer in accordance with said final development plan documents prior to the issuance of any
certificate of occupancy for the Development. Completion of improvements shall include the certification
by a professional engineer licensed in Colorado that the drainage facilities, for Phases 1 and 2, which serve
this Development have been constructed in conformance with said final development plan documents. Said
certification shall be submitted to the City at least two weeks prior to the date of issuance of any certificate
of occupancy for the Development.
D. Subheading 11 (Special Conditions) Paragraph D. the following paragraph shall be added.
6. The Developer agrees to reimburse the City for the actual construction costs of the Developers
portion of the improvements to Harmony Road adjacent to the Harmony School Shops PUD.
Reimbursement shall include the curb returns and pavement for the access point into the Development off
of Harmony Road (SH 68). The Developer shall make reimbursement to the City as each lot is developed
based upon the proportion that such lot is to the total size of the Harmony School Shops PUD (720,134
square feet) less the Cornerstone Diamond Shamrock (49,615 square feet) and the Harmony School Shops
3`' Filing (101,059 square feet) for a total of 569,460 square feet. The inflation factor shall be calculated
using the construction cost index for Denver as published in the Engineering News Record (ENR) of the
month the improvements were constructed and the same index published in the ENR in the month
preceding payment of the reimbursement. Payment shall be made to the City for each lot prior to the
issuance of any building permit on such lot.
The Harmony Road work to be performed by the City does not include the waterline and the irrigation pipe
shown on the plans crossing or within the access drive. This work shall be completed and accepted prior to
the start of the City project. The Developer shall be responsible for obtaining a State Highway Access
Permit for this site prior to taking access from Harmony Road. If this permit has not been obtained at the
time the construction work is done by the City, the City will barricade the entrance to prevent the use of
this access point. This barricade shall remain in place until the State Highway Access Permit for this
access point has been issued by the State. At such time the access permit is issued the Developer may then
remove the barricade and the access point can be utilized.
E. Subheading 11 (Special Conditions) Paragraph G.1. shall be replaced with the following:
I. Notwithstanding any provision in this Agreement to the contrary, the Developer shall have the
right to obtain a Footing and Foundation permit upon the installation of all underground water, and sanitary
sewer facilities for Phases 1 and 2, and an emergency accessway for the Phase in which the permit is being
requested. Facilities shall include but not be limited to all mains, lines, services, fire hydrants and
appurtenances for the site as shown on the final development plan documents.
F. All other terms and conditions of the Development Agreement shall remain unchanged and in full
force and effect, except as expressly amended in this Amendment Agreement No. I.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above
written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: I.
City NMnager
APPROVED AS TO CONTENT:
Director of E gi �
ring
APPROVED AS TO FORM:
Y%0/
putt' City Attorney
DEVELOPER:
Western VII Investment, LLC, a Delaware limited liability
company
By: Western Property Advisors, Inc.
Authorized Agent
�for
�Western VII Investment, LLC
By: A— WV
Stanley E. WhitaVr, Jr., Vice President
ATTEST:
Secretary