HomeMy WebLinkAboutWESTFIELD PARK PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-15RCPTN # 2000043410 06/29/2000 13:16:00 # PAGES - 3 FEE - $15.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
WESTFIELD PARK PUD
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT, made and
entered into this,, :M! day of it =' i 2000, by and between the CITY OF FORT
COLLINS, COLORADO, a municipal corporation ("City"), and PROGRESSIVE
LIVING STRUCTURES, INC., a Colorado corporation ("Developer") is an amendment
to that certain Development Agreement dated July 14, 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 amend 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 I (General Conditions), paragraph "B" shall be amended by the
addition to said paragraph of the following:
Notwithstanding the foregoing, it is expressly understood and agreed between
the Developer and the City that the Developer shall obtain development
construction permits for Phases II and III of the Westfield Park P.U.D. as said
development construction permits have been established pursuant to Ordinance
No. 177, 1998, and shall further remit to the City all development construction
permit application fees and construction inspection fees as established by the
City Manager pursuant to said Ordinance. It is further agreed between the City
and the Developer that the Developer shall have no obligation to provide the
City with the development bond and maintenance and repair guarantees
established pursuant to Ordinance No. 178, 1998.
B. Subheading III (Miscellaneous), paragraph "E" shall be amended as
follows:
Development of Westfield Park P.U.D. shall be governed by the Development
Agreement and the First Amendment to Development Agreement and the City
Code in accordance with Colorado law. In the event of any conflict between
ICITY OF (0 xi, UaA1is
the City Code and the Development Agreement or the Amendment to
Development Agreement, the agreements shall control to the extent permitted by
law.
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 First
Amendment to Development Agreement. The parties expressly agree that this First
Amendment to Development Agreement does not and shall not affect any issues pending
in Larimer County District Court Case No. 99 CV 1323.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year
first above written.
A`CT>ST:
City Clerk
APPROVED AS Tq, CONTENT:
C�.�-N
Director of Ehgineering
APPROX AS TO FORM:
Deputy City Attorney
THE CITY OF FORT COLLINS,
COLORADO, a Municipal Corporation
By Q.4/2— ' •
City Manager
2
1� DEVELOPER:
PROGRESSIVE LIVING STRUCTURES,
INC., a Colorado corporation
By
eo J. Sthuster�presideW
ATTEST:
i
Karen D. Brockhoff, Treasurer