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HomeMy WebLinkAboutSTANTON CREEK SECOND - Filed OA-OTHER AGREEMENTS - 2004-02-26STANTON CREEK SUBDIVISION SECOND FILING AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT, made and entered into this day of , of 2000, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("City"),and James Construction Co., a Colorado Corporation, hereinafter referred to as the "Developer", is an amendment to that certain Development Agreement dated October 2, 1998 by and between the City and the Developer, hereinafter referred to as the "Development Agreement." WHEREAS, the City and the Developer previously executed the Development Agreement; and WHEREAS, the parties presently desire to modify the Development Agreement; 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.2 shall be replaced with the following: 2. Phases 1, 2, and 3 of this development may be constructed at any time because Phases 1, 2, and 3 are not dependent on any other Phase for infrastructure improvements. Construction of Phases 4 and 5 of this development cannot occur until improvements for both Phases 2 and 3 are completed. As shown on the final approved development plans Phase 5 shall be constructed prior to Phase 4. No building permits will be issued within Phases 4 and 5 until the drainage facilities within the preceding Phases have been completed and the site Certification is approved by the City (i.e. no building permits in Phase 5 will be issued until improvements for Phases 2 and 3 are certified). B. Subheading II (Special Conditions) Paragraph D.3 shall be replaced with the following: 3. Phases 1, 2, and 3 of this development may be constructed at any time because Phases 1, 2, and 3 are not dependent on any other Phase for infrastructure improvements. Construction of Phases 4 and 5 of this development cannot occur until improvements for both Phases 2 and 3 are completed. As shown on the final approved development plans Phase 5 shall be constructed prior to Phase 4. No building permits will be issued within Phases 4 and 5 until the streets and utilities within the preceding Phases have been completed in accordance with Section I.C. of this agreement. C. 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 set their hands the day and year first above written. THE CITY OF FORT COLLINS, CO RADO, a Municipal Corporation By: Dk \0-� T:�)) City anager �US\n ATTEST: ( A,c,3, G� CITY CLERK APPROVED AS T�O CONTENT: lid' i � �Q.ls_— Director of tngineering APPR Z AS TO FORM: Deputy City Attorney DEVELOPER: A ATTEST: �1 By: Secretary Co., Inc., a Colorado Corporation , President