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HomeMy WebLinkAboutBLOCK 51 WEST MOUNTAIN PLAZA - Filed OA-OTHER AGREEMENTS - 2004-03-12West Mountain Plaza P.U.D. Amendment Agreement No.1 THIS AGREEMENT, made and entered into this day of -1,L , 198, by and between the CITY OF FORT COLLINS, COLORADO, a —municipal corporation ("City"), and WEST MOUNTAIN PLAZA PARTNERSHIP, a Colorado general partnership, ("Developer"). WHEREAS., the City previously executed a Development Agreement with West Mountain Plaza Partnership dated on or about the 28th day of September, 1981; and WHEREAS., the parties hereto are desirous of modifying the original Development Agreement referred to above; and NOW THEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: Paragraph 2.C. is replaced in its entirety by the following: 2.C. Storm drainage lines and appurtenances. The parties acknowledge that, under Section 93-2 of the City Code, the Developer is required to comply with certain storm water detention requirements but that a temporary variance to the detention requirements has been approved by the Storm Drainage Utility of the City of Fort Collins. The Developer agrees that if at any time the adjacent property to the east of the development, currently known as the Edwards House, is required by the City to detain storm water upon such property, then the Developer will also be required to detain its storm water upon its own property to such specifications as required by the City. Paragraph 2.D, is replaced in its entirety with the following: 2.D. Streets. Prior to the issuance of any building permits the Developer agrees to submit t:o the City a design including a plan, profile and cross section design for the Alley adjacent to this development and to obtain City approval of said design for the alley. Such design must must analyze the downstream conditions, in regard to storm drainage, in detail and show, to the City's satisfaction, that no adverse downstream effects will occur from the design and construction of the alley. Paragraph 2.E. is added as follows: 2.E. Other. The Developer agrees to assume sole responsibility for the mainte- nance of all existing curbs, gutters and sidewalks and agrees to replace any damaged or defective portions thereof prior to the issuance of any Certificate of Occupancy. Except as herein amended or modified, the Development Agreement shall continue in full force and effect. This Agreement and the Development Agreement constitutes the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first written. �ATTEST: City Clerk APPROVED AS TO FORM: I /rJ , City Altorney ty E neer CITY OF FORT COLLINS a municipal corporation B City M� anager WEST MOUNTAIN PLAZA PARTNERSHIP, a Colorado general partnership -- R6 Tom Smit IJManaging Partner