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HomeMy WebLinkAboutWILLOW BROOK THIRD - Filed DA-DEVELOPMENT AGREEMENT - 2012-03-09RECEPTION#: 20120012939, 02/28/2012 at 12:12:52 PM, 1 OF 4, R $26.00 TD Pgs: 0 Scott Doyle, Larimer County, CO WILLOW BROOK FILING NO.3 AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT, made and entered into this day of e-6-V ..';y 2012, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and NVH Development LLC, a Delaware limited liability company, hereinafter referred to as the "Developer." WITNESSETH; WHEREAS, the City entered into a Development Agreement with NVH W1P LLLP, dba Village Homes (as "Developer") and NVH INV LLC (as "Owner") on June 9, 2011, the terms of which govem the development activities of the Developer pertaining to that certain real property situated in the County of Larimer, State of Colorado, (hereafter referred to as the "Property") and legally described as follows, to wit: Willow Brook Filing No. 3, being a replat of parcels A & B, Willow Brook, located in Section 4, Township 6 North, Range 68 West of the 6th p.M., City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, on November 16, 2011 NVH Development, LLC became the Owner and Developer of the Property by deed recorded at Reception # 20110069883 of the Larimer County Colorado records; and WHEREAS, the parties presently desire to again modify the Development Agreement by this Amendment Agreement No. 1; 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 11(Special Conditions) Paragraph DA shall be added as follows: 4. At such time as the Phase 313 infrastructure improvements are constructed and accepted by the City, the temporary turn around easement needed for Phase 3A can be vacated. The Developer shall apply for vacation of the easement in accordance with current City standards and policy. B. Exhibit "C" shall be replaced with the new "Exhibit C" attached hereto and incorporated by this reference. CityClerk's Office Fort Colorado Collins, 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. ' T: CITY CLERK APPROVED AS TO CONTENT: IQ Engineer APPROS TO FORM: puty City Attorney THE CITY OF FORT COI INS, CPLORADO, a Municipal Corporation By: ',.. )_ City Manager DEVELOPER: NVH Development, LLC, a Deleware limited liability company By: Lowe Enterprises Real Estate Group — Central, Inc., a Colorado corporation, manager IA pi STATE OF COLORADO ) Ai-e,p4loe-) ss. COUNTY OF-LZ ) The foregoing instrument was acknowledged before me this -7 4�'_ day off 2012, by NVH Development, LLC by Lowe Enterprises Real Estate Group — Central, Inc., manager by John R. Waggoner as President. Notary Publi&-/v `� ELLI ti N� A� My Commission Expires:ca Y 9 o a g a a'p�RSS 10J301��` 7 E 4� h—T-1 �5�9� xztT ^8N _ y 1 z * ❑Ir or� m r 0 01 i \ rri CD o -� j'� a: =p o NWx ! o� '19 oc--Ii-n I m� I ► z O a ` ti .: — — — — — — FOSSIL RIDGE HIGH SCHOOL - -- — ' o •— -- — — --rYKTfwn ZONING- LOW DENSITY hUXED•USE NEIGHBORHOOD tWN) o? —A . o N LADYM�ONDR_EF�w— VlSufl'. ,ICCE4S, IJ�D OA � 1 Uiti(IT ( p � n �UNDY-NC 4SEuflR �� // Z �rvnun uswmr�g r — �-94�TAR DUST LANE � x f I m 4 eurwnlr Or r ..r 8N �N I o / y u j z W 6 b r Mm �— ti E I` Usr>tOlf p �4 Eli I SO 6 i 40 Q O a 0 O a0 �r w0 O �5 y 25 2S -� $ $ti a0 0� Z O3 g I 1� Hil N +1 W i^j A % N -ri ar -� V T- ii •D I i'. rt,ni N O O f I f I �3 1 I (II�J N N �-I III `sal rn I I X I I m I I ow�sy D S � I II If I I � II 1p II II` r 8 2 CINQUEFOIL LANE —� w 1 � z= —LEXISTING fWILLO BRO �T LOTS 1 �HROUGH 5 n, o rn I I NING: Low DENSITY MIXED"USE NEIGHBHORHOOD (LAIN) ^ �' '-n I rn