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HomeMy WebLinkAboutSUNRISE RIDGE AGREEMENT # 1 - Filed DA-DEVELOPMENT AGREEMENT - 2012-09-10RECEPTION#: 20120059705, 08/31/Zulz at 11:06:06 AM, 1 OF 3, R $21.00 TD Pgs: 0 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. My Commission Expires: /,) - / 1— I'-/ ATTEST: Secretary LENDER: Farmers Bank 713 Lemay Ave Fort Collins, Colorado Title BEVERLY J. ZIEMER NOTARY PUBLIC STATE OF COLORADO NOTARY ID19914007440 My Commission Expires December 11, 2014