HomeMy WebLinkAboutSHENANDOAH PUD - Filed OA-OTHER AGREEMENTS - 2004-02-11SHENANDOAH PUD
AMENDMENT AGREEMENT NO. 1
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THIS AMENDMENT AGREEMENT, made and entered into this day of
1999, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation,
("City"), and Shenandoah Land Limited Liability Company, a Colorado Limited Liability Company
is an amendment to that certain Development Agreement dated November 20, 1997 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) the following paragraph shall be added:
G. Natural Resources
1. The Developer and the City agree that the Developer shall be responsible for
implementing mitigation measures to compensate for the disturbance of the natural area
as shown on Exhibit "C" off the development site, east of College Avenue on City
properly known as Benson Reservoir.
2. Said mitigation shall be accomplished by the Developer by trimming existing
trees, installing d6 rip rap and cobbles (18" min.) buried and reseeded, installation of silt
fence, as indicated on Exhibit "C" and reseed all disturbed areas with approved native
grass mix sec Exhibit "D". The Mitigation Plan has been submitted to the City and
approved by the City of Fort Collins Natural Resources Director. Said Mitigation Plan
consists of Exhibits C and D. Construction of said mitigation shall be completed prior to
March 1, 1999.
3. The Natural Area Mitigation planned by the Developer pursuant to
Paragraph 2 above shall be inspected by the City of Fort Collins Natural Resources
Director. If the mitigation has been completed in accordance with the approved
Mitigation Plan, it shall be approved and accepted by the City of Fort Collins Natural
Resources Director. If the mitigation has not been completed in accordance with the
approved Mitigation Plan, then the Developer shall promptly take such actionsas are
necessary to bring said natural area into conformance with the approved Mitigation Plan.
13. 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. 1.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first
above written.
A —
TEST:
QA'�CQ
CITY CLERK
APPROVED AS TO CONTENT:
Director of Engineering
AS TO FORM:
Deputy City
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: 'L
City Man ger
DEVELOPER:
Shenandoah Land Limited Liability Company, a Colorado
Limited Liability Company
By: a
James R. McCor}, nager
Exhibit "C"
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Exhibit "D"
SHARP'S EL PASO MIX LOT NO. KXP-1093
29.63%
.Annual ryegrass
29.36%
Native Turf Blend
17.58%
Crested Wheatgrass/Fariway
15.24%
Western WheatgrassBarton
0.35%
Other Crop
0.09%
Weed Seed
7.77%
Inert
Germ: 90%
Germ: 86%
Germ: 87%
Germ: 95%
No Noxious weeds
Origin: OR/TX/KS/Canada
Test Date 8/96