HomeMy WebLinkAboutBUCKING HORSE FILING ONE - Filed DA-DEVELOPMENT AGREEMENT - 2013-08-26BUCKING HORSE FILING ONE
AMENDMENT AGREEMENT NO. 1
HIS AMENDMENT AGREEMENT, is made and entered into this �%2�day of
.j 2013, by and between the CITY OF FORT COLLINS, COLORADO, a
Wu_jii_cipaV Corporation, hereinafter referred to as the "City"; and Bucking Horse
Development, Inc., a Colorado Corporation, hereinafter referred to as the "Developer";
and Bucking Horse Development, Inc., a Colorado Corporation, Bucking Horse LLC, a
Colorado Limited Liability Company, Jessup Farms Owners Association, a Colorado
Corporation, Jessup Farm LLC, a Colorado Limited Liability Company, TC56, LLC a
Colorado Limited Liability Company, and Melody Homes, Inc., a Delaware Corporation,
hereinafter referred to collectively as the "Owner."
WITNESSETH;
WHEREAS, the City entered into a Development Agreement with Bucking Horse
Development, Inc. on October 23, 2012, 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:
Bucking Horse Filing One,
And
Tract AS, Tract BH, Tract BI, Lots 1-7 Block 2, Lots 1-11 Block 5, Lots 8-23 Block
11, Lots 1-8 Block 12, Lots 13-32 Block 12, Lots 35-40 Block 12, Lots 1-18 Block 13
and Lots 1-19 Block 19, Sidehill Filing Two.
All located in Northwest Quarter of Section 20, Township 7 North, Range 68 West of
the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado.
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 II (Special Conditions) Paragraph C.1.c through C.1.e shall be
replaced with the following:
c) All on -site and off -site storm drainage improvements associated with
Phase C1A of this Development, as shown on the Final Development Plan
Documents, shall be completed by the Developer in accordance with said
RECEPTION* 20130064616, 08/21/2013 at
03:44:53 PM,1 OF 8, R $46.00 TD Pgs: 0
Angela Myers, Clerk & Recorder, Larimer City Clerk's Office, Fort Collins, Colorado
County, CO
Final Development Plan Documents prior to the issuance of more than 6
building permits in Phase C1A of the Development.
d) All on -site and off -site storm drainage improvements associated with
Phase C1 of this Development, as shown on the Final Development Plan
Documents, shall be completed by the Developer in accordance with said
Final Development Plan Documents prior to the issuance of more than 18
building permits in Phase C1 of the Development.
e) All on -site and off -site storm drainage improvements associated with
Phase C2 of this Development, as shown on the Final Development Plan
Documents, shall be completed by the Developer in accordance with said
Final Development Plan Documents prior to the issuance of more than 11
building permits in Phase C2 of the Development.
f) In all cases, completion of improvements shall include the certification by
a professional engineer licensed in Colorado that the drainage facilities
which serve any particular phase of Development have been constructed
in conformance with said Final Development Plan Documents. Said
certification shall be submitted to the City at least two weeks prior to the
date of issuance of additional building permits in each phase.
B. Subheading II (Special Conditions) Paragraph DA shall be replaced with the
following:
4. Phases Al and A2 of this development may be constructed at any
time because phases Al and A2 are not dependent on any other phases for
infrastructure improvements. Phase A3 shall be constructed prior to Phase C1A and
Phase B. Phase B may be constructed prior to Phases C1, C1A and C2 only if the
sanitary sewer, detention and drainage improvements have been completed for Phases
C1, C1A and C2. Phase C1 shall be constructed prior to Phase C2 and shall include
the sanitary sewer, detention and drainage improvements in Phase C2. Phase C1A
shall be constructed prior to Phase C2 and shall include the sanitary sewer, detention
and drainage improvements in Phase C2.
C. This Agreement may be signed in counterpart.
D. 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.
2
OF FORTi+�
. SEAL
ATTEST:
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corp L-
CityB YManager
DEVELOPER:
Bucking Horse Development, Inc., a Colorado
Corporation
B:
mpana, Presi nt
ATTEST:
By:
Name, Title
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this fiffi day of
2013, by Gino Campana as President and by as
of Bucking Horse Development, Inc.
Notary Public
My Commission Expires: _, Mau uU i
4
MICHELLE ANN ROUILLARD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134031600
MY COMMISSION EXPIRES MAY 16, 2017
OWNER:
Bucking Horse Development, Inc., a Colorado
Corporation
By: -.
i ampana, Pres' ent
ATTEST:
By:
Name, Title
STATE OF COLORADO
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 1(a day of
2013, by Gino Campana as President and by as
of Bucking Horse Development, Inc.
Notary Public
My Commission Expires: Acw..E ,71�1
E
CMMICHE�=PUSTATE+ NOTARMY CpMMiSS
OWNER:
Bucking Horse, LLC. a Colorado Limited
Liability Company.
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
2013, by Gino Campana as Manager of Bucking Horse, LL
IN.rf
=NOTARY
E ANN ROUILLARD
My Commission Expires: � TARY PUBLIC
OF COLORADO
ID 20134031600
OWNER: ON EXPIRES MAY 16, 2017
Jessup Farm LLC, a Colorado Limited Liability
Company
By:
Campana, >6nager
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
yuju , 2013, by Gino Campana as Manager of Jessup Farm LLC.
Notary Public vj
My Commission Expires: 1t; .zl�
MICHELLE ANN ROUILIARD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134031WO
MY COMMISSION EXPIRES MAY 16, 2017
OWNER:
Jessup Farms Owners Association, a Colorado
Corporation
By:
ampana, Vager
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this Ito day of
;Su.1, 2013, by Gino Campana as Manager of Jessup Farms Owners Association,
LLC.
My Commission Expires: WxIt. 61011
STATE OF COLORADO )
)Ss.
COUNTY OF LARIMER )
Notafy Public .. -- --- ---
vik,HELLE ANN ROUILLARD
NOTARY PUBLIC
"TATE OF COLORADO
NOTARY ID 20134031600
OWNER:r__ �,s�" %ON EXPIRES MAY 16, 2017
TC56, LLC. a Colorado Limited Liability
Company.
By: - - Z6,00
Michael Occhiato, Jr., anager
The foregoing instrument was acknowledged before me this 1(�p day of
-'JUL, 2013, by Michael Occhiato, Jr. as Manager of TC56, LLC.
Notary Public
My Commission Expires: kc r to , Q.L MICHELLLANNROUILLARD
NOSTATONOTARM0MY
COMMISSIY A 2017
�1
OWNER:
Melody Homes, Inc., a Delaware Co ration
r
Print a Print Title
STATE OF CORADQ )
O //---) ss.
COUNTY OFIM )
The foregoing instrument was a
— , 2013, by • m hJ�
My Commission Expires: L " / 'V________.
me this day of
glody Homes, Inc.
CYNDI SCHOBINOER
Notary Pubk
State of COW00
My Comn*vbn Expires: Jude 1, 2014
LIC# 19984015019