HomeMy WebLinkAboutPOUDRE VALLEY HEALTH SYSTEM HARMONY CAMPUS MEDICAL CENTER SECOND - Filed DA-DEVELOPMENT AGREEMENT - 2013-08-14POUDRE VALLEY HEALTH SYSTEM HARMONY CAMPUS MEDICAL CENTER,
SECOND FILING
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, is made and entered into this N `Y" day of
2013, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal
Co oration, hereinafter referred to as the "City"; and Poudre Valley Health Care Inc., a
Colorado Corporation, hereinafter referred to as the "Developer"; and Health District of
Northern Larimer County, hereinafter referred to as the "Owner".
WITNESSETH;
WHEREAS, the City entered into a Development Agreement with Poudre Valley Health
System, Inc., a Colorado Corporation as the Developer and Health District of Northern Larimer
County as the Owner on August 18, 2004, the terms of which govern the development activities
of the Developer pertaining to that certain real property situated in the County of Larimer, State
of Colorado, (hereafter referred to as the "Property") and legally described as follows, to wit:
Poudre Valley Health System Harmony Campus Medical Center, Second Filing, a
tract of land located in Section 5, Township 6 North, Range 68 West of the 6th
P.M., City of Fort Collins, County of Larimer, State of Colorado.
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 hereto agree to amend the terms and conditions of the Development Agreement as
follows:
A. Subheading II (Special Conditions) Paragraph C.10. shall be added:
a. The Developer agrees to provide and maintain erosion control improvements as shown on the
Final Development Plan Documents associated with the parking lot in Phase 4 that was approved
by minor amendment, 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 $16,027.50 in Phase 4
prior to beginning construction to guarantee the proper installation and maintenance of the erosion
control measures shown on the approved Final Development Plan Document. Said security
deposit(s) shall be made in accordance with the criteria sex forth in the CiVs Storm Drainage
Criteria and Construction Standards (Criteria). It at any time, the Developer fails to abide by the
provisions of the approved Final Development Plan Documents or the erosion control provisions
of the Criteria after receiving notice of the same or an emergency situation exists which would
reasonably require immediate mitigation measures, then, in either event, and notwithstanding any
provisions contained in paragraph III() to the contrary, 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 property enforced. The City may apply
RECEPTION#: 20130067603, 09/03/2013 at 1
02:22:" PM,1 OF 4, R $26.00 TD Pgs: 0 City Cleft Office, Fort Collins, Colorado
Angela Myers, Clerk & Recorder, Larimer
County, CO
such portion of the security deposits) as may be necessary to pay all costs incurred by the City in
undertaking the won, constriction, and/or installation of the erosion control measures
required by said plans and the Criteria.
B. Subheading II (Special Conditions) Paragraph D.7 shall be added:
7. The City and the Developer agree that the construction of the parking lot on Tract
A as approved by minor amendment MA130053 within Phase 4, as shown on the Final
Development Plan Documents, does not require the construction of Phase 4 infrastructure
(Timberwood Drive and associated utilities). In addition, the Developer agrees that the
temporary underdrain crossing the Timberwood Drive right-of-way, as shown on the Final
Development Plan Documents, to be installed with said parking lot, shall be redesigned and/or
relocated such that the drainage crossing the right-of-way meets Larimer County Urban Area
Street Standards and the City's Storm Drainage Criteria.
C. All other terms and conditions of the Development Agreement shall remain unchanged and in
full force and effect, except as expressly amended in this Amendment Agreement No. 1.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
THE CITY OF IFOROLLINS, COLORADO,
a Municipal Co
By:
City Manager
ATTEST:
SEAL
["013
APPROVED AS TOCONTENT:
4 to
TO FORM:
Deputy City Attorney
DEVELOPER:
Poudre Valley Health Care, Inc., a Colorado
Corporation
By:
Steph 'e Doughty, Chief Fin ' Officer
ATTES
By:
Secretary
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me thi 7,f-1v day o . t e-14 �4
2013, by Stephanie Doughty, as Chief Financial Officer and by ras
Secretary of Poudre Valley Health Care, Inc.
My Commission Expires:
3
L 2 -fi
Notary Public
OWNER:
Health District of Northern Larimer County
By:
Carol Plock, Executive Director
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ! 0+h day of A,
2013, by Carol Plock, as Executive Director of Health District of Northern Larimer County.
My Commission Expires: Ild5lJ04
ATTEST:
By:
Brian Hood, Senior Project Manager
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
P
IypTARY :c
PUBLIC.-' .
`��%Z- OF
The foregoing instrument was acknowledged before me this day of�, ,
2013, by Brian Hood as Senior Project Manager of Health District of Northern Larime County.
My Commission Expires:
4
Notary Public