HomeMy WebLinkAboutSTANTON CREEK SECOND - Filed OA-OTHER AGREEMENTS - 2004-02-26STANTON CREEK SUBDIVISION SECOND FILING
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this day of
, of 2000, by and between the CITY OF FORT COLLINS, COLORADO, a
municipal corporation, ("City"),and James Construction Co., a Colorado Corporation,
hereinafter referred to as the "Developer", is an amendment to that certain Development
Agreement dated October 2, 1998 by and between the City and the Developer, hereinafter
referred to as the "Development Agreement."
WHEREAS, the City and the Developer previously executed the Development
Agreement; and
WHEREAS, the parties presently desire to modify 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 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.2 shall be replaced with the
following:
2. Phases 1, 2, and 3 of this development may be constructed at any time
because Phases 1, 2, and 3 are not dependent on any other Phase for
infrastructure improvements. Construction of Phases 4 and 5 of this
development cannot occur until improvements for both Phases 2 and 3 are
completed. As shown on the final approved development plans Phase 5 shall
be constructed prior to Phase 4. No building permits will be issued within
Phases 4 and 5 until the drainage facilities within the preceding Phases have
been completed and the site Certification is approved by the City (i.e. no building
permits in Phase 5 will be issued until improvements for Phases 2 and 3 are
certified).
B. Subheading II (Special Conditions) Paragraph D.3 shall be replaced with the
following:
3. Phases 1, 2, and 3 of this development may be constructed at any time
because Phases 1, 2, and 3 are not dependent on any other Phase for
infrastructure improvements. Construction of Phases 4 and 5 of this
development cannot occur until improvements for both Phases 2 and 3 are
completed. As shown on the final approved development plans Phase 5 shall
be constructed prior to Phase 4. No building permits will be issued within
Phases 4 and 5 until the streets and utilities within the preceding Phases have
been completed in accordance with Section I.C. of this agreement.
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 set their hands the day and
year first above written.
THE CITY OF FORT COLLINS, CO RADO,
a Municipal Corporation
By: Dk \0-� T:�))
City anager
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ATTEST: ( A,c,3, G�
CITY CLERK
APPROVED AS T�O CONTENT:
lid' i � �Q.ls_—
Director of tngineering
APPR Z AS TO FORM:
Deputy City Attorney
DEVELOPER:
A
ATTEST:
�1
By:
Secretary
Co., Inc., a Colorado Corporation
, President