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HomeMy WebLinkAboutSIENA PUD - Filed OA-OTHER AGREEMENTS - 2004-02-12SIENA PUD AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT, made and entered into this % Day of of 199 � by and between the CITY OF FORT COLLINS, COLORADO, a municipal — corporation, ("City") and the Minatta Family Partnership, a Colorado general partnership ("Developer"), is an amendment to that certain Development Agreement dated August 27, 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 Siena PUD 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 the 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 Siena PUD will be issued until the following conditions are met: 1) all required silt fencing as shown on approved utility plans for this development including silt fencing along the east side of lots 21 and 22, across the south end of lot 22, and across the entire southern property line of the development are installed per City specifications; 2) all required inlet filters as shown on the approved utility plans for this development on Azuro Drive, Pleasant Valley Road, Argento Drive, and Clearview Avenue are installed per City specifications; 3) the City Stormwater Department shall be contacted when these installations are 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 utility 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 ten (10) building permits will be issued for the development until such time as the reseeding/mulching has been completed. 8. The City and the Developer agree that if at any time the after their installation and approval the required silt fencing 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 Municipal Corpporattii/o�n By: I. ir.Jrddt City anger ATTEST: I4� — CITY CLERK APPROVED AS TO CONTENT: Director of Engineering APPROVED AS TO FORM: Asistant City Attorney DEVELOPER: Minatta Family Partnership, a Colorado general partnership a a Jam L. Mmatta, General Partner