HomeMy WebLinkAboutPARKWAY TOWNHOMES PUD - Filed OA-OTHER AGREEMENTS - 2004-01-16PARKWAY TOWNHOMES P.U.D.
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this
day of }�, of 199-1, by and between the CITY OF FORT
COLLINS, COLORADO, a municipal corporation, ("City") and THE
RESOURCES ASSISTANCE CENTER FOR NONPROFITS, INC., a Colorado
Nonprofit Corporation ("Developer"), is an amendment to that
certain Development Agreement dated July 30, 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 hereto agree as follows:
1. That the Development Agreement is hereby amended by
replacing paragraph II.C.1. to read as follows:
1. The Developer and the City agree that all on -site storm
drainage improvements, as shown on the approved utility
plans and as shown on the approved revision to said plans
attached. hereto as Exhibit "C", shall be completed by the
Developer in accordance with said approved plans prior to
the issuance of any certificate of occupancy. Completion of
improvements shall include the certification by a Colorado
licensed. professional engineer that the drainage facilities
which serve this development have been constructed in
conformance with said approved plans. In addition, said
certification shall state that the lowest opening elevation
to each building is at or above the minimum opening
elevation required on the approved utility plans. Said
certification shall be submitted at least two weeks prior to
the date of issuance for any certificate of occupancy.
2. That the Development Agreement is hereby amended by
replacing paragraph II.C.3. to read as follows:
3. The Developer and the City agree that the Developer is
obligated for construction, maintenance, and repair of all
on -site interim and ultimate storm drainage facilities shown
on the approved plans and on Exhibit "C". Accordingly, the
Developer and the City agree that the City shall not be
responsible for, and the Developer hereby agrees to
indemnify the City against, any claims for damages or
injuries sustained in the development as a result of the
Developer's failure to properly maintain and/or repair said
on -site storm drainage facilities. In addition, upon
completion and City acceptance of the extension of J.F.K.
Parkway south of the Property to Harmony Road, the Developer
shall be responsible for completing the ultimate drainage
facilities including the removal of the interim pumping
facilities to the canal.
3. Except as herein modified, 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 executed this
Amendment Agreement the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: Qe 4, U
Cit Manager
ATTEST:
City Clerk
APPROVED AS TO CONTENT:
Director of Enginee,k
APPROVED AS ,TO FORM:
A A_scant City Attorney
DEVELOPER:
THE RESOURCE ASSISTANCE CENTER
FOR NCNPRCFITS, INC., a Cc_craco
nonprofit corporation
Bv:
Bv:
ATTEST.
William R. Eberhart, Vice President
n
(ccrporate
Sella Johnston, Secretary
PARSON> &
a ASSOCIATES, INC.
CONSULTING ENGW EEnS
February 26, 1997
Mr. Glen Schlueter
Fort Collins Stormwater Utility
235 Mathews
P. O. Box 580
Fort Collins, CO 80522
RE: Parkway Townhomes P.U.D.
Dear Glen,
EXHIBIT C
The proposed stormwater outfall for Parkway Townhomes P.U.D. utilized existing utility
easements which run south from JFK Parkway through property owned by Martin West_
Although these easements were determined to allow the proposed use as an overland conveyance
system, the property owner has a different opinion.
Due to this problem the following temporary solution has been discussed between TRAC,
Stormwater Utility and Larimer County Canal No. 2. A plywood block will be placed over the
existing orifice plate preventing any outfall to JFK Parkway, A 2" gas powered pump will be kept
on sile and used should the volume of the pond reach 50% of the total capacity. A treated wood
platform will be used to provide a stable surface for the pump with the intake hose laid along the
existing concrete swale at the mouth of the inlet. The outlet hose will be directed to the Larimer
County Canal No. 2. The 2" pump's estimated capacity is approximately 8400 gph with 20 feet of
head If the flows are adjusted for friction and pump efficiency losses, the 50% volume will empty
in 8 hours.
The management on site, under the direction of TRAC, will maintain the pump and accept
responsibility for placing the pump and performing the pumping operation.
This temporary solution will end when JFK Parkway is developed through Martin West's property
and appropriate stormwater facilities are constructed. At this time the plywood block will be
removed allowing the system to operate as originally designed.
Donald M. Parsons
Professional Engineer
Parsons & Associates, Inc.
DMP/pf
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432 1 ink inns PIEmx � 11. Cnllius, Colorado ROi21 19701 221-2400
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