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HomeMy WebLinkAboutCOTTAGES AT MIRAMONT PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31 (2)ADDENDUM TO DEVELOPMENT AGREEMENT THE COTTAGES AT MIRAMONT, P.U.D. This Addendum is made and executed this aOt6:-day of December, 1995, by and between the City of Fort Collins, Colorado, a municipal corporation ("City"), and Albrecht Companies, Inc., a Colorado corporation ("Developer"). WITNESSETH: WHEREAS, the Developer and the City entered into a Development Agreement dated October 26, 1995 (the "Development Agreement") specifying certain requirements and conditions for development of that real property known as The Cottages at Miramont, P.U.D. (the "Property"); and WHEREAS, in order to develop the Property, an extension to Rule Drive must be dedicated and improved (the "Rule Drive Right - of -Way"); and WHEREAS, pursuant to an agreement between the City, Everitt Enterprises Ltd. Partnership No. 1 and KEM Homes, Inc. dated August 21, 1987, such extension is required to be dedicated upon the occurrence of certain specified events, one of which is the development of the Property; and WHEREAS, the present owner of the Rule Drive Right -of -Way has not yet dedicated such property to the City; and WHEREAS, the parties desire to establish the terms and conditions under which the development of the Property will proceed pending receipt of the dedication of the Rule Drive Right -of -Way. NOW, THEREFORE, by and in consideration of the above premises and the within terms and conditions, the parties hereto agree as follows: 1. Until the City has received a fully -executed document dedicating the Rule Drive Right -of -Way to the City in a form acceptable to the City, the Developer shall not be permitted to obtain any building permits for the Property. 2. Upon execution of this Addendum, the Developer shall be entitled, at its sole risk and expense, to commence and complete all utility work in accordance with the approved utility plans for the Property, including making physical connections to the City's utility system, provided that, in the event the City has not obtained the dedication of the Rule Drive Right -of -Way within three (3) years of the date of this Addendum, then the Developer shall, at its sole expense, disconnect from the City system any utilities it has installed pursuant to this Addendum. 3. Except as expressly modified herein, all terms and conditions of the Development Agreement shall remain in full force and effect and shall continue to bind the parties hereto. DATED the date set forth above. CITY OF FORT COLLINS, COLORADO, a municipal corporation By: t • Joh F. Fischbach, City Manager APPROVED' I - TO FORM: G� I Paul Eckman, Deputy City Attorney APPROVED AS TO CONTENT: Dir &tor of Engineerin 1TTEST• Wanda Krajicek, C y Clerk ALBRECHT COMPANIES, � �., a Colorado corporation 7� ATTEST: / Christopher E. Harris, Secretary 2