HomeMy WebLinkAboutLINDEN PARK - Filed DA-DEVELOPMENT AGREEMENT - 2002-02-27LINDEN PARK P.D.P.
AMENDMENT AGREEMENT NO. 1
THIS AMENDMENT AGREEMENT, is made and entered into this 'L) day of
2002, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City'; and CENTEX HOMES, a Nevada General Partnership,
hereinafter referred to as the "Developer."
WITNESSETH;
WHEREAS, the City entered into a Development Agreement with TM One, LLC, a
Colorado limited liability corporation (the Prior Developer) and LSPI Exchange Corporation,
Nevada corporation, Roger Nosker, Shirley Nosker, and J.J. Hendricks, as individuals
(collectively, the "Prior Owners") on January 8, 1997, the terms of which govern the
development activities of the Developer pertaining to that certain real property situated in the
County of Larimcr, State of Colorado, (hereafter referred to as the "Property") and legally
described as follows, to wit:
Linden Park P.D.P., situated in the Southeast Quarter of Section 7, Township 6
North, Range 68 West of the 6th P.M., City of Fort Collins, County of Latimer,
State of Colorado.
WHEREAS, the Developer has acquired all rights of ownership in the Property from the
Prior Developer and the Prior Owners; and
WHEREAS, the City and the Developer 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.I. shall be replaced with the following:
l . All on -site and off -site storm drainage improvements associated with Phase I of this
Development as shown on the approved Final Development Plan Documents, shall be
completed by the Developer in accordance with said Final Development Plan Documents
prior to the issuance of more than 31 building permits in Phase 1 of this Development.
Phase 1 improvements shall include the construction of the two detention ponds serving
this Development as well as the off -site storm sewer from Fossil Creek Circle to Trilby
Road. Phase I shall be the first phase of construction to be constructed and certified in
this Development All on -site drainage improvements associated with Phase 2 of this
Development as shown on the approved Final Development Plan Documents, shall be
completed by the Developer in accordance with said Final Development Plan Documents
prior to the issuance of more than 4 building permits in Phase 2 of this Development.
All on -site drainage improvements associated with Phase 3 of this Development as
shown on the approved Final Development Plan Documents, shall be completed by the
Developer in accordance with said Final Development Plan Documents prior to the
issuance of more than 20 building permits in Phase 3 of this Development. All ou-site
drainage improvements associated with Phase 4 of this Development as shown on the
approved Final Development Plan Documents, shall be completed by the Developer in
accordance with said Final Development Plan Documents prior to the issuance of more
than 5 building permits in Phase 4 of this Development. Completion of improvements
shall include the certification by a professional engineer licensed in Colorado that the
drainage facilities which serve this Development have been constructed in conformance
with said Final Development Plan Documents. Said certification shall be submitted to
the City at least two weeks prior to the date of issuance of additional building permits in
each phase of the Development.
B. Subheading II (Special Conditions) Paragraph D.12. shall be added as follows:
12. A modified or new design to correct the existing deficiencies in the existing irrigation
ditch siphon must be submitted, approved, and constructed in accordance with said
design prior to any building permits being issued in Phase 2 of this development.
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 executed this agreement the day and
year first above written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
� /J
By: � 1, ram'
City Manager
A TES^T:
4A
CITY CLERK
APPROVED AS TO CONTENT:
Director of Lligineering
APPR V AS TO FORM:
Deputy City Attorney
DEVELOPER:
CENTEX HOMES, a Nevada General Partnership
By its managing general partner, CENTEX REAL ESTATE
CORPORATION, a Nevada corporation
By:
Mark L. Krivel
Denver Division President
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