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Scott Doyle, Larimer County, CO
LOT 1 OF NEW BELGIUM BREWERY FOURTH FILING
AMENDMENT AGREEMENT NO.3
THIS AMENDMENT AGREEMENT, made and entered into this
by and between the CITY OF FORT COLLINS, COLORADO a M Z day of June, 2012,
referred to as the "Ci "• � urucipal Corporation, hereinafter
ty , and NEW BELGIUM BREWING COMPANY INC., a Colorado
Corporation, hereinafter referred to as the "Developer."
WITNESSETH;
. WHEREAS, the City entered into a Development Agreement with the Developer on June
16, 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:
Lot 1 of New Belgium Brewery Fourth Filing, City of Fort Collins, County of Larimer,
State of Colorado.
WHEREAS, the Development Agreement was amended by Amendment Agreement No. I on
December 24, 2008 and by Amendment Agreement No. 2 on January 2, 2012.
- WHEREAS, the parties presently desire to again modify the Development Agreement by this
Amendment Agreement No. 3;
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) Paragraphs D.2.c — 2.e shall be replaced with the
following:
2.c. Upon receipt by the City of the new letter of credit in the amount of $631,574.00 the
Developer shall have until June 30, 2013 to complete the design, obtain approval by the Coy
Ditch and the City, and construct said Phase 2 Improvements.
d. Should the Developer be unable to complete the Phase 2 Improvements by June 30,
2013 the City reserves the right to call the letter of credit on file with the City in order to
have the improvements constructed.
e. If the City calls either letter of credit, the improvements may then be constructed by
the City or a third party utilizing the proceeds of the letter of credit. If the Phase 2
J City Clerk's Office, Fort Collins, Colorado
Improvements are constructed by the City or a third party, neither the City nor the third
party shall be bound to complete the Phase 2 improvements by June 30, 2013.
B. All -other terms and conditions of the Development Agreement (as amended by Amendment
Agreement No. 1 and Amendment Agreement No. 2) shall remain unchanged and in full force
and effect, except as expressly amended in this Amendment Agreement No. 3.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
ATTEST:
CITY CLERK n h
APPROVED AS TO CONTENT:
City Engineer
APPROV AS TO FORM:
Deputy City Attorney
THE CITY OF FORT OLL COLORADO,
a Municipal Corporati
By:
City Manager
2
12
DEVELOPER:
NEW BELGIUM BREWING COMPANY, INC., a
Colorado Corporation
By:
Kimberly Jordanfef Executive Officer
A�TEST:
Christine Perich, Chief Operating Officer/Chief Financial Officer
STATE OF COLORADO ) f
COUNTY OF LARIMER )
The foregoing instniment was acknowledged before me this day of JI/K-C
2011, by NEW BELGIUM BREWING COMPANY, INC. by Kimberly Jordan as Chief
Executive Officer and by Christine Perich as Chief Operating Officer/Chief Financial Officer.
Notary ublic
My Commission Expires:
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