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HomeMy WebLinkAboutFOSSIL CREEK DESIGN CENTER PUD - Filed OA-OTHER AGREEMENTS - 2004-07-20FOSSIL CREEK DESIGN CENTER P.U.D. FIRST AMENDMENT AGREEMENT 1h T S AP ENDMENT AGREEMENT, made and entered into this �0 day of 1989, by and between the CITY OF FORT COLLINS, COLO- RADO, a niicipal corporation ("City"), and R.E.D. PARTNERSHIP, a Colorado General Partnership ("Developer"), is an amendment to that certain Development Agreement dated the 14th day of April, 1989, by and between the City and the Developer, ("Development Agreement"). WHEREAS, the parties hereto previously executed the Development Agree- ment; and WHEREAS, the parties are presently desirous of modifying the Develop- ment Agreement. NOW, THEREFORE, in consideration of the 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: Subheading 1 (General Conditions), subparagraph C of the Development Agreement shall be modified in its entirety to provide as follows: C. Except for the footing and foundation permit (Section 2E.3.), no building permit for the construction of any structure within the development shall be issued by the City until the water line servicing the building, fire hydrant (or fire hydrants) for temporary emergency ser- vices and adequate emergency access as described in section 2E. of this agreement are installed and accepted by the City. All utilities and street improvements as shown on the approved utility plans for this development shall be completed prior to the issuance of the first certificate of occupancy. No building permit shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. Except as herein amended or modified, the Development Agreement shall continue in full force and effect. This Agreement and the Development Agree- ment constitute the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and vear first above written. City Clerk APPRO D AS TO FORM: j CX' � City Attorney Di ectf or of Engincerin CITY OF FORT COLLINS A MUNICIPAL CORPORATION By: )t�� si Steven C. Burkett City Manager DEVELOPER: R.E.D. PARTNERSHIP, a Colorado General Partnership Dennie L. Odette, General Partner