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HomeMy WebLinkAboutWESTFIELD PARK PUD - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-15RCPTN # 2000043410 06/29/2000 13:16:00 # PAGES - 3 FEE - $15.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WESTFIELD PARK PUD THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT, made and entered into this,, :M! day of it =' i 2000, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation ("City"), and PROGRESSIVE LIVING STRUCTURES, INC., a Colorado corporation ("Developer") is an amendment to that certain Development Agreement dated July 14, 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 amend 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 I (General Conditions), paragraph "B" shall be amended by the addition to said paragraph of the following: Notwithstanding the foregoing, it is expressly understood and agreed between the Developer and the City that the Developer shall obtain development construction permits for Phases II and III of the Westfield Park P.U.D. as said development construction permits have been established pursuant to Ordinance No. 177, 1998, and shall further remit to the City all development construction permit application fees and construction inspection fees as established by the City Manager pursuant to said Ordinance. It is further agreed between the City and the Developer that the Developer shall have no obligation to provide the City with the development bond and maintenance and repair guarantees established pursuant to Ordinance No. 178, 1998. B. Subheading III (Miscellaneous), paragraph "E" shall be amended as follows: Development of Westfield Park P.U.D. shall be governed by the Development Agreement and the First Amendment to Development Agreement and the City Code in accordance with Colorado law. In the event of any conflict between ICITY OF (0 xi, UaA1is the City Code and the Development Agreement or the Amendment to Development Agreement, the agreements shall control to the extent permitted by law. 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 First Amendment to Development Agreement. The parties expressly agree that this First Amendment to Development Agreement does not and shall not affect any issues pending in Larimer County District Court Case No. 99 CV 1323. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. A`CT>ST: City Clerk APPROVED AS Tq, CONTENT: C�.�-N Director of Ehgineering APPROX AS TO FORM: Deputy City Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By Q.4/2— ' • City Manager 2 1� DEVELOPER: PROGRESSIVE LIVING STRUCTURES, INC., a Colorado corporation By eo J. Sthuster�presideW ATTEST: i Karen D. Brockhoff, Treasurer