HomeMy WebLinkAboutRIDGEWOOD HILLS PUD SECOND - Filed OA-OTHER AGREEMENTS - 2004-02-04RIDGEWOOD HILLS PUD, SECOND FILING
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this Day of fY "•�°
of 199_, by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, ("City"') and Melody Homes, Inc., a Delaware Corporation (`Developer"), is an
amendment to that certain Development Agreement dated February 12, 1996 by and between the
City and, by successiion of title, the Developer, hereinafter referred to as the "Development
Agreement."
WHEREAS, the City and the Developer's predecessor in interest ( d. Jensen Enterprises,
Inc.) 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 here to agree to amend the terms and conditions of the Development Agreement as
follows:
A. Subheading II (Special Conditions) Paragraph C.1 shall be replaced with the following
paragraph to read as follows:
The: Developer and the City agree that all on -site and off -site storm drainage
improvements for Phase 1, as shown on the approved utility plans for this
development, shall be completed by the Developer in accordance with the
approved plans prior to the issuance of more than 22 building permits in Phase 1.
Completion of improvements shall include the certification by a professional
engineer licensed in Colorado that the drainage facilities which serve this
development have been constructed in conformance with said approved plans.
Any deviations from the approved utility plans for Phase 1 shall be the
responsibility of the Developer to correct prior to the issuance of any certificate of
occupancy in Phase 1. Said certification shall be submitted to the City at least two
weeks prior to the date of issuance for any certificate of occupancy. The
Developer and the City agree that all on -site and off site storm drainage
improvements for Phase 2, as shown on the approved utility plans for this
development, shall be completed by the Developer in accordance with the
approved plans prior to the issuance of more than 16 building permits in Phase 2.
Completion of improvements shall include the certification by a professional
engineer licensed in Colorado that the drainage facilities which serve this
development have been constructed in conformance with said approved plans.
Any deviations from the approved utility plans for Phase 2 shall be the
responsibility of the Developer to correct prior to the issuance of any certificate of
occupancy in Phase 2. Said certification shall be submitted to the City at least two
weeks prior to the date of issuance for any certificate of occupancy. The
Developer and the City agree that all on -site and off -site storm drainage
improvements for Phase 3, as shown on the approved utility plans for this
development, shall be completed by the Developer in accordance with the
approved plans prior to the issuance of more than 15 building permits in Phase 3.
Completion of improvements shall include the certification by a professional
engineer licensed in Colorado that the drainage facilities which serve this
development have been constructed in conformance with said approved plans.
Any deviations from the approved utility plans for Phase 3 shall be the
responsibility of the Developer to correct prior to the issuance of any certificate of
occupancy in Phase 3. Said certification shall be submitted to the City at least two
weeks prior to the date of issuance for any certificate of occupancy.
B. 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. l .
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: Y' hotel
City 'tanager
ATTEST
CITY CLERK
APPROVED AS TO CONTENT:
r
Director of Engineering
APPROVE S TO FORM:
'y
Deputy City Attorney
DEVELOPER:
Melody Homes Inc., a Delaware Corporation
By:
. ames E. Ferraro, V.P. Forward Planning
ATTEST:
Cary . Duke, Assistant Secretary