HomeMy WebLinkAboutCOTTAGES AT MIRAMONT PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31 (2)ADDENDUM TO DEVELOPMENT AGREEMENT
THE COTTAGES AT MIRAMONT, P.U.D.
This Addendum is made and executed this aOt6:-day of December,
1995, by and between the City of Fort Collins, Colorado, a
municipal corporation ("City"), and Albrecht Companies, Inc., a
Colorado corporation ("Developer").
WITNESSETH:
WHEREAS, the Developer and the City entered into a Development
Agreement dated October 26, 1995 (the "Development Agreement")
specifying certain requirements and conditions for development of
that real property known as The Cottages at Miramont, P.U.D. (the
"Property"); and
WHEREAS, in order to develop the Property, an extension to
Rule Drive must be dedicated and improved (the "Rule Drive Right -
of -Way"); and
WHEREAS, pursuant to an agreement between the City, Everitt
Enterprises Ltd. Partnership No. 1 and KEM Homes, Inc. dated August
21, 1987, such extension is required to be dedicated upon the
occurrence of certain specified events, one of which is the
development of the Property; and
WHEREAS, the present owner of the Rule Drive Right -of -Way has
not yet dedicated such property to the City; and
WHEREAS, the parties desire to establish the terms and
conditions under which the development of the Property will proceed
pending receipt of the dedication of the Rule Drive Right -of -Way.
NOW, THEREFORE, by and in consideration of the above premises
and the within terms and conditions, the parties hereto agree as
follows:
1. Until the City has received a fully -executed document
dedicating the Rule Drive Right -of -Way to the City in a form
acceptable to the City, the Developer shall not be permitted to
obtain any building permits for the Property.
2. Upon execution of this Addendum, the Developer shall be
entitled, at its sole risk and expense, to commence and complete
all utility work in accordance with the approved utility plans for
the Property, including making physical connections to the City's
utility system, provided that, in the event the City has not
obtained the dedication of the Rule Drive Right -of -Way within three
(3) years of the date of this Addendum, then the Developer shall,
at its sole expense, disconnect from the City system any utilities
it has installed pursuant to this Addendum.
3. Except as expressly modified herein, all terms and
conditions of the Development Agreement shall remain in full force
and effect and shall continue to bind the parties hereto.
DATED the date set forth above.
CITY OF FORT COLLINS, COLORADO, a
municipal corporation
By: t •
Joh F. Fischbach, City Manager
APPROVED' I - TO FORM:
G� I
Paul Eckman, Deputy City Attorney
APPROVED AS TO CONTENT:
Dir &tor of Engineerin
1TTEST•
Wanda Krajicek, C y Clerk
ALBRECHT COMPANIES, � �., a Colorado
corporation 7�
ATTEST: /
Christopher E. Harris, Secretary
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