HomeMy WebLinkAboutTIMBERLINE APARTMENTS PUD - Filed OA-OTHER AGREEMENTS - 2004-03-04TIMBERLINE, APARTMENTS P.U.D.
(to be known as Timberline Village P.U.D.)
AMENDMENT AGREEMENT No. 2
THIS AGREEMENT is made and entered into this day of
September, 1985, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation (the "City"), and EVERITT
ENTERPRISES, INC., a Colorado corporation (the "Developer"),
WHEREAS, on September 23, 1983, the City and the Developer
entered into an agreement for development of the Timberline
Apartments P.U.D. (the "Development Agreement") ") which
Development Agreement was subsequently amended by an agreement on
June 30, 1985, and
WHEREAS, the parties hereto desire to further amend said
Development Agreement and provide for the construction, install-
ation and payment of certain additional storm drainage improve-
ments as a part of the construction of street improvements for the
Development.
NOW, THEREFORE, in consideration of the premises and the
terms and conditions acknowledged by the parties hereto, it is
agreed as follows:
1. The Developer agrees that those storm drainage improve-
ments shown on the Timberline Road Foothills Drainage
Project Utility Plans on file with and finally approved
by the City shall be constructed and installed by the
Developer in accordance with said Utility Plans and as a
part of the construction and installation of Timberline
Road improvements required for the Development.
2. The parties hereto understand and agree that the above -
referenced storm drainage improvements are basin -wide
improvements for the Foothills Drainage Basin and that
the development of said storm drainage improvements is
therefore the responsibility of the City, notwithstand-
ing Developer's agreement to construct said improvements
as a part of the street improvement for the Development.
The City has budgeted the funds necessary for completion
of said storm drainage improvements and hereby agrees to
pav for such improvements in the form of monthly
progress pavments to the Developer (which shall include
payment for construction, engineering and surveying
costs) upon receipt of an itemized billing from the
Developer for the same.
3. The attached Exhibit "C", is a cost estimate for the
storm drainage improvements described herein and which
is incorporated herein by reference. The actual costs
for such improvements shall be paid by the City in
addition to those costs for storm drainage improvements
for the Development as set forth on Exhibit "B" to the
Development Agreement.
4. Except as amended or modified by earlier addendum or
herein, the Development Agreement shall continue in full
force and effect. This Agreement, the Development
Agreement and any addenda thereto constitute the entire
understanding of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year first written.
CITY OF FORT COLLINS
A MunicipalCorporation
1
By City Manager
ATTEST
-
Ci Perk' ---------
APPROVED AS TO FO$M:
City Atorney
C1tY Engineer 7 -
I
EVERITT ENTERPRISES, INC.,
a Colorado c poration
By:Z
�/
Gerald R. Haxton, Preside t
ATTEST:
(Corporate Seal)
A.rr Vice-PresideV , Secretary -Treasurer
EXIIIBIT "C"
The Development Agreement for
This exhibit does apply to this development.
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
Include only those major storm drainage basin improvements required by an adopted basin
master plan.
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST
1. Storm sewer, manholes, end sections, etc.
(a) 54 inch CMP
(b) 18 inch Conc.
(c) Raise 6 inch water
(d) Headwall for 54 inch
(e) Inlet box and grate for 12" PVC
(f) Relocate Manholes
(g) 12" PVC (SDR35)
Sub -Total
2. Channel excavation, detention pond
excavation and riprap
(a) Misc. grading and excavation
(b) Haul waste material
(c)
Sub -Total
480 L.f.
60.00
/L•f•
$
28,800.00
265 L.f.
30.00
/L,f,
$
7,950.00
1 Ea.
5,500.00
Ea.
$
5,500.00
2
Ea.
4,500.00
Ea.
$
9,000.00
1
Ea.
2,500.00
Ea.
$
2,500.00
2
Ea.
500.00
Ea.
$
1,000.00
240
L.f.
20.00
/L.f.
$
4,800.00
$ 59,550.00
500
C.Y.
$
2.00
/C.Y.
$
1,000.00
1000
C,Y,
$
2.00
/C.Y,
$
2,000.00
C.Y. $ /C.Y. $
$ 3,000.00
EXHIBIT B - Page 2
ITEM DESCRIPTION QUANTITY UNIT COST TOTAL COST
3. Right-of-way & easement acquisition
(a) S.F. $ /S.F. $
(b) Ac. $ /Ac. $
Sub -Total
$
4. Professional Design
(a) Design engineering and construction Lump Sum $ 5,500.00
surveying
5. Other
(a) Raise telephone line $ 500.00
(b) Brace and bedding for 3 inch water $ 1,000.00
(c) Bedding for 16 inch water $ 500.00
(d) Plug pipe ends $ 500.00
(e) Final grading and seeding b 1,000.00
Total estimated cost of Storm Drainage improvements eligible for
credit or City repayment
$ 71550.00
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