HomeMy WebLinkAboutOVERLOOK AT WOODRIDGE PUD FOURTH REPLAT - Filed OA-OTHER AGREEMENTS - 2004-01-13THE OVERLOOK AT WOODRIDGE P.U.D., FOURTH FILING (PHASE I)
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this - ay of
of 199 by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corpo ation, ("City") and B & N INVESTMENTS, INC., a Colorado corporation, DBA
Woodcraft Homes ("Developer"), is an amendment to that certain Development Agreement dated
January 26, 1996 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 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 are hereby acknowledged,
the parties agree that subheading II (Special Conditions) Paragraph C. shall have the following
sub -paragraphs added to read as follows to wit:
7. The Developer has failed to complete certain required portions of the approved
erosion control plans for this development which are mandated by the Development Agreement.
Current weather conditions make it physically impossible for the Developer to do so at this time.
The City and Developer agree that erosion control is an important element in the protection of
existing lands, streams, lakes, wetlands, and rivers that may be adversely impacted by sediment -
laden runoff resulting from construction activities. The City and the Developer agree, therefore,
that no building permits for this development will be issued until the following conditions are met:
1) all required straw bale check dams shown on approved erosion control plans are installed per
City specifications; 2) all gravel inlet filters shown on the approved erosion control plans are
installed per City specifications; 3) the City Stormwater Department shall be contacted when
these installations acre complete in order that they can be inspected for compliance with City
specifications and project plans and the Developer shall immediately correct any installations or
portions of installations which are not per City specifications and project plans; and 4) The
Developer shall have in place a signed contract with a qualified reseeding/mulching contractor
stipulating that the seeding and straw mulching of all areas which have been stripped of vegetation
will be completed per City specifications and the approved erosion control plans for this
development as soon as snow cover is sufficiently gone and the soil sufficiently thawed to
accomplish this work. The determination of the time when the soil is sufficiently free of snow and
sufficiently thawed shall be made by the City Stormwater Department in conjunction with the
reseeding contractor. If there is disagreement on this issue, the determination made by the City
Stormwater Department shall be controlling . When these conditions are met, the City and the
Developer agree that no more than 5 building permits (in addition to the 3 which were released
previous to this amendment) will be issued until such time as the reseeding/mulching has been
completed.
8. The City and the Developer agree that if at any time after their installation and
approval the required straw bale check dams and inlet filters are not properly maintained per City
specifications, any building permits and/or certificates of occupancy not yet issued for the
development shall be withheld until such time as required repairs are made.
Except as modified above, all other terms and conditions of the Development Agreement
shall remain unchanged and in full force and effect.
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 ' al Corporation
By: a"
City anager
ATTEST:
�U �
CITY CLERK
APPROVED AS TO CONTENT:
Ditector of Engineering
APPROVED AS JO FORM
\") ,, _� 'z -i; -q
A 'istant City Attorney
DEVELOPER:
B & N INVDSTMENTS, INC, a Colorado
Un
Gl
IS
Gary
(corporate seal)