HomeMy WebLinkAboutSPRING CREEK PROFESSIONAL PARK PUD - Filed DA-DEVELOPMENT AGREEMENT - 1987-12-11Spring Creek Professional Park P.U.D.
Amendment Agreement No. 2
THIS AGREEMENT is made and entered into this . day of
December, 1987, by and between the CITY OF FORT COLLINS,
COLORADO, a Municipal Corporation ("City") and SPRING CREEK
PARTNERSHIP, a Colorado General Partnership ("Developer").
WHEREAS, the City previously entered into a Development
Agreement with Thomas G. Kuiper, Velda L. Kuiper and Fort Collins
Investment Company dated on or about April 24, 1986 ("Development
Agreement"); and
WHEREAS, the Development Agreement was thereafter modified
by Spring Creek Professional Park P.U.D. Amendment Agreement
No. 1 entered into by and between the City and Brenkert
Development Corporation, a Colorado Corporation as successor in
interest to Thomas G. Kuiper, Velda L. Kuiper and Fort Collins
Investment Company ("Amendment"); and
WHEREAS, the real property which is the subject matter of
the Development Agreement and the Amendment was transferred, in
part, to David P. Veldman and thereafter transferred to the
Developer by Warranty Deed dated April 24, 1987, and recorded
April 24, 1987, at Reception No. 87023615 of the Larimer County,
Colorado records; and
WHEREAS, the parties desire to modify the original
Development Agreement as more fully set forth hereinafter.
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 confessed and
acknowledged, the parties hereto agree as follows:
1. Notwithstanding any other provision to the contrary
contained in the Development Agreement or the Amendment, in the
event the Developer fails to complete its obligations under the
terms of the Development Agreement or Amendment or fails to
comply with the Preliminary and Final P.U.D. Plan known as Spring
Creek Professional Park P.U.D. or any other documents contem-
plated thereunder ("the Development Obligations"), the City shall
not seek to enforce such obligations by asserting any lien rights
or other property interests in the following described real
property:
Lot 1, Spring Creek Professional Park P.U.D., according
to the Plat thereof, recorded September 10, 1986, at
Reception No. 86051821 and Ratification thereto
recorded September 16, 1986, at Reception No. 86053058
in the City of Fort Collins, County of Larimer, State
of Colorado.
The parties further agree that the City shall not seek
recovery against any lienholders or subsequent owners of the
above -described property in the event of the failure by the
Developer to complete the Development Obligations as required by
the City.
2. With regard to the Developer's responsibility for the
installation of the City's Bike Trail bridge over Spring Creek,
the Developer shall have a period of time not to exceed sixty
(60) days after receipt of written notice by the City directing
that said bridge be installed in accordance with the Development
Obligations of the Developer. However, in no event shall the
Developer install said bridge later than December 31, 1988.
3. The parties hereto expressly agree that the City has no
obligation to release any additional lots within the Spring Creek
Professional Park P.U.D. from the enforcement remedies of the
City set forth in the Development Agreement and the Amendment.
The Developer hereby expressly reaffirms the validity of the City
to withhold the issuance of building permits and certificates of
occupancy with respect to the following described real property
in the event. the Developer fails to complete its Development
Obligations in accordance with the City's requirements:
Lots 2, 4, 5, 7, 8, 11 and 12 Spring Creek Professional
Park P.U.D., according to the Plat thereof, recorded
September 10, 1986, at Reception No. 86051821 and
Ratification thereto recorded September 16, 1986, at
Reception No. 86053058 in the City of Fort Collins,
County of Larimer, State of Colorado.
4. Except as expressly amended or modified herein, all of
the terms and provisions of the Development Agreement and the
- 2 -
Amendment shall remain the same and the validity of the
Development Agreement and Amendment is hereby reaffirmed by the
parties hereto.
CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By
ATTEST:
%A L
City Clerk
APPROVED TO FORM:
City Attorney
City E gineex
SPRING CREEK PARTNERSHIP, a
Colorado General Partnership
By: Brenkert Development
Corporation, a Colorado
Corporation, GGe`nera�l, Partner
- 3 -
Dennis R. Brenkert, President
Spring Creek Professional Park P.U.D.
Amendment Agreement No.l
THIS AGREEMENT, made and entered into this 2,Af day of MaX
198J, by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation (;"City"), and BRENKERT DEVELOPMENT CORPORATION, a Colorado
corporation ("Developer").
WHEREAS, the City previously executed a Development Agreement with
Thomas G. Kuiper, Velda L. Kuiper and Fort Collins Investment Company dated
on or about the 24th day of April, 1986; and
WHEREAS, the ownership of the subject property has been transferred
to the Developer, Brenkert Development Corporation, a Colorado corporation,
by Warranty deed dated April 29, 1986, and recorded at the Office of the
Larimer County Clerk and Recorder by reception No. 86022427 on May 2, 1986;
and
WHEREAS, the parties hereto are desirous of modifying the original
Development Agreement referred to above and which is in full force and
effect.
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 shall be modified by the addition of subparagraph D as follows;
2.D. Footing and foundation permit.
Prior to the issuance of the footing and foundation permit for any
buildings within this development, the Developer agrees to the
following:
(i). No combustible material will he allowed on the site until the
water system is installed by the Developer and approved by the City.
(ii). 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" base course material compacted according to
City standards with a 40' radius turnaround at the building end of
said access.
(iii). 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 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:
*tylerk'
Vty111OED ASTO FORtorney
City E, in erE .� .
CITY OF FORT COLLINS
a municipal corporation
i
By -
City Manager
BRENKERT DEVELOPMENT CORPORATON,
a Coado corporation
DeaSnis Bren ert, President
ATTEST:
,.{ (Corporate Seal)
Becky B enkert, Secretary