Loading...
HomeMy WebLinkAboutTELLEZ ESTATES - Filed OA-OTHER AGREEMENTS - 2004-03-02TELLEZ ESTATES SUBDIVISION AMENDMENT AGREEMENT NO. I THIS AMENDMENT AGREEMENT, made and entered into this day ofj)-'of 199,_, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("City") GLEN A. NELSON, and JEAN W. NELSON ("Developer"), is an amendment to that certain Development Agreement dated September 25,1986, by and between the City and TED G. ROSE, an individual, hereinafter referred to as the "Development Agreement." WHEREAS, the City and the Developer's predecessor in interest 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 is hereby acknowledged, the parties agree that Subheading 2.(Special Conditions), Section C. "Storm Drainage Lines and Appurtenances", Paragraph (i) shall be replaced to read as follows to wit: (i) The Developer and the City agree that all on -site and off -site storm drainage improvements shall be completed by the Developer in accordance with the approved utility plans prior to the issuance of any certificate of occupancy. Completion of improvements shall include the certification by a licensed professional engineer that the drainage facilities which serve this development have been constructed in conformance with said approved plans. Said certification shall be submitted to the City at least two weeks prior to the date of issuance of any certificate of occupancy. THE PARTIES FURTHER AGREE THAT the following paragraph shall be added under subheading 2. (Special Conditions), Section C. "Storm Drainage Lines and Appurtenances", as Paragraph (ii) to read as follows, to wit: (ii) The Developer agrees to provide and maintain erosion control improvements as shown on the approved utility plans to stabilize all over -lot grading in and adjacent to this development. The Developer shall also be required to post a security deposit in the amount of $1000.00 prior to beginning construction to guarantee the proper installation and maintenance of the erosion control measures shown on the approved Plan. Said security deposit shall be made in accordance with the criteria set forth in the Storm Drainage Design Criteria and Construction Standards (Criteria). If, at any time, the Developer fails to abide by the provisions of the approved utility plans or the Criteria, the City may enter upon the Property for the purpose of making such improvements and undertaking such activities as may be necessary to ensure that the provisions of said plans and the Criteria are properly enforced. The City may apply such portion of the security deposit as may be necessary to pay all costs incurred by the City in undertaking the administration, construction, and/or installation of the erosion control measures required by said plans and the Criteria. THE PARTIES FURTHER AGREE THAT Subheading 2. (Special Conditions), Section D. "Streets", Paragraph (i) shall be replaced to read as follows, to wit: (i) The Developer and the City agree that the Developer is obligated for the construction of the arterial standard street improvements for Lemay Avenue along the frontage of the Property, as shown on the approved utility plans on file with the City Engineering Department. The requirement for the construction of said improvements has been delayed until the issuance of a second building permit on the Property or until such time as the City determines that said arterial street improvements are needed, whichever occurs first. Should the City construct the arterial street improvements on Lemay Avenue, the Developer and the City agree that the Developer shall reimburse the City for the Developer's local street portion of the cost of said improvements (including curb and gutter, 4 feet of sidewalk width, and one travel lane of Eull-depth asphalt) in accordance with Section 24-95 of the City Code. Should the Developer install the arterial improvements on Lemay Avenue, the Developer may be eligible for reimbursement for the cost of oversizing the street from local street standards to arterial street standards in accordance with the provisions of Chapter 24, Division 2. (Street Oversizing Funds) of the City Code in effect at the time of said request for reimbursement. Except as herein modified, the Development Agreement shall continue in full force and effect. This Agreement and the Development Agreement constitute the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ATTEST: L �YICity Clerk" APPROVED AS TO CONTENT: A � � Director of Engine i APPROVED AS TO FORM: <�.City Attornley J THE CITY OF FORT COLLINS, COLORADO, a MunicipalCorporation By: ' f nfwc City anager DEVELOPER: Glen" A. Nelson Jean W. Nelson