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HomeMy WebLinkAboutSPRING CREEK PROFESSIONAL PARK PUD - Filed DA-DEVELOPMENT AGREEMENT - 1987-12-11Spring Creek Professional Park P.U.D. Amendment Agreement No. 2 THIS AGREEMENT is made and entered into this . day of December, 1987, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation ("City") and SPRING CREEK PARTNERSHIP, a Colorado General Partnership ("Developer"). WHEREAS, the City previously entered into a Development Agreement with Thomas G. Kuiper, Velda L. Kuiper and Fort Collins Investment Company dated on or about April 24, 1986 ("Development Agreement"); and WHEREAS, the Development Agreement was thereafter modified by Spring Creek Professional Park P.U.D. Amendment Agreement No. 1 entered into by and between the City and Brenkert Development Corporation, a Colorado Corporation as successor in interest to Thomas G. Kuiper, Velda L. Kuiper and Fort Collins Investment Company ("Amendment"); and WHEREAS, the real property which is the subject matter of the Development Agreement and the Amendment was transferred, in part, to David P. Veldman and thereafter transferred to the Developer by Warranty Deed dated April 24, 1987, and recorded April 24, 1987, at Reception No. 87023615 of the Larimer County, Colorado records; and WHEREAS, the parties desire to modify the original Development Agreement as more fully set forth hereinafter. NOW, THEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged, the parties hereto agree as follows: 1. Notwithstanding any other provision to the contrary contained in the Development Agreement or the Amendment, in the event the Developer fails to complete its obligations under the terms of the Development Agreement or Amendment or fails to comply with the Preliminary and Final P.U.D. Plan known as Spring Creek Professional Park P.U.D. or any other documents contem- plated thereunder ("the Development Obligations"), the City shall not seek to enforce such obligations by asserting any lien rights or other property interests in the following described real property: Lot 1, Spring Creek Professional Park P.U.D., according to the Plat thereof, recorded September 10, 1986, at Reception No. 86051821 and Ratification thereto recorded September 16, 1986, at Reception No. 86053058 in the City of Fort Collins, County of Larimer, State of Colorado. The parties further agree that the City shall not seek recovery against any lienholders or subsequent owners of the above -described property in the event of the failure by the Developer to complete the Development Obligations as required by the City. 2. With regard to the Developer's responsibility for the installation of the City's Bike Trail bridge over Spring Creek, the Developer shall have a period of time not to exceed sixty (60) days after receipt of written notice by the City directing that said bridge be installed in accordance with the Development Obligations of the Developer. However, in no event shall the Developer install said bridge later than December 31, 1988. 3. The parties hereto expressly agree that the City has no obligation to release any additional lots within the Spring Creek Professional Park P.U.D. from the enforcement remedies of the City set forth in the Development Agreement and the Amendment. The Developer hereby expressly reaffirms the validity of the City to withhold the issuance of building permits and certificates of occupancy with respect to the following described real property in the event. the Developer fails to complete its Development Obligations in accordance with the City's requirements: Lots 2, 4, 5, 7, 8, 11 and 12 Spring Creek Professional Park P.U.D., according to the Plat thereof, recorded September 10, 1986, at Reception No. 86051821 and Ratification thereto recorded September 16, 1986, at Reception No. 86053058 in the City of Fort Collins, County of Larimer, State of Colorado. 4. Except as expressly amended or modified herein, all of the terms and provisions of the Development Agreement and the - 2 - Amendment shall remain the same and the validity of the Development Agreement and Amendment is hereby reaffirmed by the parties hereto. CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By ATTEST: %A L City Clerk APPROVED TO FORM: City Attorney City E gineex SPRING CREEK PARTNERSHIP, a Colorado General Partnership By: Brenkert Development Corporation, a Colorado Corporation, GGe`nera�l, Partner - 3 - Dennis R. Brenkert, President Spring Creek Professional Park P.U.D. Amendment Agreement No.l THIS AGREEMENT, made and entered into this 2,Af day of MaX 198J, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (;"City"), and BRENKERT DEVELOPMENT CORPORATION, a Colorado corporation ("Developer"). WHEREAS, the City previously executed a Development Agreement with Thomas G. Kuiper, Velda L. Kuiper and Fort Collins Investment Company dated on or about the 24th day of April, 1986; and WHEREAS, the ownership of the subject property has been transferred to the Developer, Brenkert Development Corporation, a Colorado corporation, by Warranty deed dated April 29, 1986, and recorded at the Office of the Larimer County Clerk and Recorder by reception No. 86022427 on May 2, 1986; and WHEREAS, the parties hereto are desirous of modifying the original Development Agreement referred to above and which is in full force and effect. NOW THEREFORE, in consideration of the mutual promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: Paragraph 2 shall be modified by the addition of subparagraph D as follows; 2.D. Footing and foundation permit. Prior to the issuance of the footing and foundation permit for any buildings within this development, the Developer agrees to the following: (i). No combustible material will he allowed on the site until the water system is installed by the Developer and approved by the City. (ii). To provide an access to any building under construction, adequate to handle any emergency vehicles or equipment, and to maintain such access at all times. Such access shall be at a minimum, 20' wide of 4" base course material compacted according to City standards with a 40' radius turnaround at the building end of said access. (iii). The issuance of said footing and foundation permit is solely at the Developer's own risk and the Developer shall hold the City harmless in the event of any damages resulting from the issuance of said permit prior to the completion of the requirements in accordance with the Code of the City of Fort Collins, Article 99-6.B. Except as herein amended or modified, the Development Agreement shall continue in full force and effect. This Agreement and the Development Agreement constitutes the entire understanding of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first written. ATTEST: *tylerk' Vty111OED ASTO FORtorney City E, in erE .� . CITY OF FORT COLLINS a municipal corporation i By - City Manager BRENKERT DEVELOPMENT CORPORATON, a Coado corporation DeaSnis Bren ert, President ATTEST: ,.{ (Corporate Seal) Becky B enkert, Secretary