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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