HomeMy WebLinkAboutWILLOW BROOK THIRD - Filed DA-DEVELOPMENT AGREEMENT - 2012-03-09RECEPTION#: 20120012939, 02/28/2012 at
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Scott Doyle, Larimer County, CO
WILLOW BROOK FILING NO.3
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, made and entered into this day of e-6-V ..';y
2012, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City"; and NVH Development LLC, a Delaware limited liability
company, hereinafter referred to as the "Developer."
WITNESSETH;
WHEREAS, the City entered into a Development Agreement with NVH W1P LLLP, dba
Village Homes (as "Developer") and NVH INV LLC (as "Owner") on June 9, 2011, the terms of
which govem the development activities of the Developer pertaining to that certain real property
situated in the County of Larimer, State of Colorado, (hereafter referred to as the "Property") and
legally described as follows, to wit:
Willow Brook Filing No. 3, being a replat of parcels A & B, Willow Brook, located in
Section 4, Township 6 North, Range 68 West of the 6th p.M., City of Fort Collins,
County of Larimer, State of Colorado.
WHEREAS, on November 16, 2011 NVH Development, LLC became the Owner and
Developer of the Property by deed recorded at Reception # 20110069883 of the Larimer County
Colorado records; and
WHEREAS, the parties presently desire to again modify the Development Agreement by this
Amendment Agreement No. 1;
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 11(Special Conditions) Paragraph DA shall be added as follows:
4. At such time as the Phase 313 infrastructure improvements are constructed and
accepted by the City, the temporary turn around easement needed for Phase 3A can be vacated. The
Developer shall apply for vacation of the easement in accordance with current City standards and
policy.
B. Exhibit "C" shall be replaced with the new "Exhibit C" attached hereto and incorporated by
this reference.
CityClerk's Office Fort Colorado
Collins,
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 executed this agreement the day and
year first above written. '
T:
CITY CLERK
APPROVED AS TO CONTENT:
IQ
Engineer
APPROS TO FORM:
puty City Attorney
THE CITY OF FORT COI INS, CPLORADO,
a Municipal Corporation
By: ',.. )_
City Manager
DEVELOPER:
NVH Development, LLC, a Deleware limited liability
company
By: Lowe Enterprises Real Estate Group — Central, Inc., a
Colorado corporation, manager
IA
pi
STATE OF COLORADO )
Ai-e,p4loe-) ss.
COUNTY OF-LZ )
The foregoing instrument was acknowledged before me this -7 4�'_ day off
2012, by NVH Development, LLC by Lowe Enterprises Real Estate Group — Central, Inc.,
manager by John R. Waggoner as President.
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