HomeMy WebLinkAboutTRAIL HEAD AMENDED AGREEMENT #2 - Filed DA-DEVELOPMENT AGREEMENT - 2013-01-08RECEPTION#: 20120093290, 12/27/2012 at
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Scott Doyle, Larimer County, CO
TRAIL HEAD
AMENDMENT AGREEMENT NO.2
THIS AMENDMENT AGREEMENT NO. 2, is made and entered into this day of
December, 2012, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, hereinafter referred to as the "C"; and EAST VINE PROPERTIES LLC, a Colorado
limited liability company, hereinafter referred to as the "Developer."
WITNESSETH;
WHEREAS, the City entered into a Development Agreement (the "Original Development
A eement") with Trail Head Inc. ("THI") on December 30, 2004, pertaining to that certain real
property situated in the County of Larimer, State of Colorado, which was legally described as set
forth in the Original Development Agreement; and
WHEREAS, the parties have previously entered into Amendment Agreement No. 1
("Amendment Agreement No I") which was recorded on August 21, 2012 in the records of the
Clerk and Recorder of Larimer County, Colorado, at Reception #20120056934, pertaining to that
certain real property situated in the County of Larimer, State of Colorado, which was legally
described as set forth in Amendment Agreement No. 1; and
WHEREAS, the parties now desire to further modify and supplement Amendment
Agreement No. 1 by this Amendment Agreement No. 2.
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 and supplement the terms and conditions of the Amendment Agreement No.1
as follows:
A. Section H (Bond) of Amendment Agreement No.1 is hereby amended by deleting the
date "November 1, 2012" in the three places it appears in such Section H, and replacing it with the
date "June 30, 2013" in each of those three places.
B. The City hereby approves and accepts the "Current Bond Amount" as the "New Bond
Amount," as described in Section H (Bond) of Amendment Agreement No. 1, so that there need not
be any change to the "Current Bond Amount" posted by the Developer.
C. All other terms and conditions of the Original Development Agreement and
Amendment Agreement No. 1 shall remain unchanged and in full force and effect, except as
expressly amended or supplemented by this Amendment Agreement No. 2.
IN WITNESS WHEREOF, the parties hereto have executed this agreement to be effective as
of the day and year first above written.
Trai]Headamd2_004 (12-12-12)
City Clerk's Office, Fort Collins, Colorado
ATTEST:
CITY CLERK
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporati4� (1
•••••••.cps ity Manager
SEAL:CA
APPROVED AS TO CONTENT: x'>,
City Enginee6l,
APPROVED AS TO FORM:
Deputy City Attorney--7,',
DEVELOPER:
East Vine Properties LLC, a Colorado limited
liability company
By:
ce deffik, Manager by Jordin D. Deifik,
attorney -in -fact
STATE OF COLORADO )ENOTARY
IELLE N. KELLER
OTARY PUBLIC
ss.E OF COLORADO
COUNTY OF LARIMER ) ID 20124062477
EXPIRES SEPTEM8ER 25, 2016
The foregoing instrument was acknowledged before me this I ") day of December,
2012, by Jordan D. Deifik as attorney -in -fact for Bruce Deifik, sole Manager of East Vine
Properties LLC, a Colorado limited liability company.
Notary Public
My Commission Expires: e6wz4�-- W 05,901 cp
Page 2 to a 2-page AMENDMENT AGREEMENT NO. 2, between the CITY OF FORT
COLLINS and EAST VINE PROPERTIES LLC.
Trai[Headamd2_004 (12-12-12) 2