HomeMy WebLinkAboutRIVERSIDE SHOPPING CENTER SECOND - Filed OA-OTHER AGREEMENTS - 2009-03-13n
Riverside Shopping Center
Subdivision Filing II
Amendment Agreement No.1
THIS AGREEMENT, made and entered into this
day of m,0. ,
19K, by and between the CITY OF FORT COLLINS, C`UMADO, a munlclpa
corporation ("City"), and OSPREY INCORPORATED and REID L. ROSENTHAL,
OWNER, ("Developer") is an amendment to that certain Development Agreement
dated the 23rd day of July, 1984, by and between the City and OSPREY
INCORPORATED, A Colorado Corporation ("the Development Agreement"). By
this Agreement, the aforesaid Development Agreement is hereby amended in
the following particulars:
The following is added to Paragraph 2.A. of the Development
Agreement:
It is understood and agreed that adequate storm drainage for
Riverside Shopping Center, Filings One and Two, will require
construction of storm drainage facilities underneath Lemay Avenue and
the adjacent railroad tracks. The actual underground bore required
for such facilities, including but not limited to a carrier, sleeve
and manhole, will be the responsibility fo the developer of Filing
One, with the Developer of Filing Two sharing in the cost of the
same. Irrespective of the provisions of any agreement between said
developers regarding their joint participation in the construction or
cost of such facilities, the developer of Filing Two will be
responsible for satisfying the following conditions prior to the
issuance of any building permits for the Development by the City of
Fort Collins : (a) prior to the issuance of the first permit, the
construction of temporary berming sufficient to detain any runoff of
storm water equal to that generated by a "one hundred -year storm",
the design and construction of which shall be subject to approval by
the City; (b) prior to the issuance of any additional permits,
commencement of actual construction of the above described
underground bore. Prior to the issuance by the City of any
Certificate of Occupancy for the development, all storm drainage
requirements pertaining to Filings One and Two of the development
must be completedby the Developer, inspected and approved by the
City.
The following is added to Paragraph 2.:
2.B. Prior to the issuance of the footing and foundation permit for
any buildings within this subdivision the developer agrees to the
following:
1. No combustible material will be allowed on the site until the
water system is installed by the Developer and approved by the
Cit
y.
2. To provide an access to any building under construction,
adequate to handle any emergency vehicles or equipment, and to
maintain such access at all times. Such access shall be at a
minimum, 20' wide of 4" thick base course material compacted
according to the City Standards with a 40' radius at the building
end of said access.
3. The issuance of said footing and foundation permit is solely
at the Developer's own risk and the Developer shall hold the City
harmless in the event of any damages resulting from the issuance
of said permit prior to the completion of the requirements in
accordance with the Code of the City of Fort Collins, Article
99-6.B .
Except as hereon 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 above written.
CITY OF FORT COLLINS
a municipal corporation
ATTEST: By
City Manager
city Glerk
APPROV
GRATED, a Colorado
co r on
ei osentTia1 ,— irresi dent
(Corporate Seal)