HomeMy WebLinkAboutSUNRISE RIDGE AGREEMENT # 1 - Filed DA-DEVELOPMENT AGREEMENT - 2012-09-10RECEPTION#: 20120059705, 08/31/Zulz at
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Scott Doyle, Larimer County, CO
SUNRISE RIDGE FIRST FILING
AMENDMENT AGREEMENT NO.1
THIS AMENDMENT AGREEMENT, made and entered into this Z day of A w� ,
2012, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City"; and Sunrise Ridge LLC, a Colorado limited liability company,
hereinafter referred to as the "Developer."
WITNESSETH;
WHEREAS, the City entered into a Development Agreement with Sunrise Ridge LLC (as
"Developer") on October 12, 2006, the terms of which govern 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:
Sunrise Ridge First Filing, located in Section 4, Township 6 north, Range 68 West
of the 61h P.M„ City of Fort Collins, County of Larimer, State of Colorado.
WHEREAS, the parties presently desire to 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 H (Special Conditions) Paragraph D.3. shall be replaced with the following:
3. In accordance with Section 24-95 of the City Code the Developer is responsible for
constructing the portion of Strauss Cabin Road adjacent to the Development prior to the
issuance of the first building permit. However, the parties agreed within the original
Development Agreement that the construction of this street was not to be completed with this
Development, and that the Developer shall provide cash in lieu of construction for the
Developer's local street portion of the roadway costs. The amount of said payment shall be
equal to the estimated cost to construct said improvement, which amount has been determined
to be $18,183.64. As identified within the original Development Agreement the full amount
due was to be paid in cash to the City prior to the issuance of any building permits. At the time
of this Amendment, no payment has been made.
Rather than the single lump sum payment identified within the original Development
Agreement the City and the Developer agree that the Strauss Cabin Road obligation shall be
made in four payments, with each payment of $ 4,545.91 due prior to the issuance of each of
the next four building permits in the Development.
J City Clerk's Office, Fort Collins, Colorado
B. 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.
THE CITY OF FORT COLL S, COLORADO,
a Municipal Corporati
By. {
City Manager
ATTEST:
//CGS
CITY CLERK
APPROVED AS TO CONTENT:
ity E14nginee
APPRO D S T FORM:
Deputy City Attorney
1�
DEVELOPER:
Sunrise Ridge LLC, a Colorado limited liability company
By:
Kelly Sm' , Manager
STATE OF COLORADO )
)88.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me thiso?q day of av:9�
2012, by Kelly Smith as Manager/Member of Sunrise Ridge, LLC.
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ATTEST:
Secretary
LENDER:
Farmers Bank
713 Lemay Ave
Fort Collins, Colorado
Title
BEVERLY J. ZIEMER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID19914007440
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