HomeMy WebLinkAboutGROVE AT FORT COLLINS AMENDMENT # 1 - Filed DA-DEVELOPMENT AGREEMENT - 2012-06-19RECEPTION#: 20120037365, 06/07/2012 at
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Scott Doyle, Larimer County, CO
DEVELOPMENT AGREEMENT
FIRST AMENDMENT AGREEMENT
THIS FIRST AMENDMENT AGREEMENT (this "Amendment"), made and entered into
this Wit- day of v ,,_C , 2012, by and between the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as the "City"; and CAMPUS CREST AT FORT
COLLINS, LLC, a Delaware limited liability company, hereinafter referred to as the "Developer";
and COLORADO STATE UNIVERSITY RESEARCH FOUNDATION, a Colorado non-profit
corporation, hereinafter referred to as the "Owner," together hereinafter referred to as the "Parties."
WITNESSETH;
WHEREAS, the Parties entered into a Development Agreement (the "Original Development
Agreement") on February 17, 2012, pertaining to that certain real property situated in the County of
Larimer, State of Colorado, which Original Development Agreement was recorded in the real
property records of Larimer County on February 28, 2012, at Reception Number 20120012827,
encumbering the "Property" or "Develo ment" thereunder, referred to hereinafter as the "Original
Property," legally described as follows, to wit:
The Grove at Fort Collins, being a replat of a portion of Tract C, Windtrail
Townhomes, P.U.D., First Replat; a replat of a portion of lot 1 Centre for Advanced
Technology P.U.D., Ninth Filing and a tract of land, located in Section 23, Township
7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer,
State of Colorado, except Tract A thereof; and
WHEREAS, said Tract A was within the area of said replat, and is shown on the site plan,
utility plan, landscape plan, and other plans for The Grove at Fort Collins Project Development Plan;
and
WHEREAS, it is the intent of the undersigned to clarify that temporary use of a mobile
leasing or sales office on Tract A, as a temporary use accessory to the primary and permanent uses
within The Grove at Fort Collins development; and
WHEREAS, the City has approved Minor Amendment MA120012, authorizing the
temporary leasing/sales office on Tract A (the "Minor Amendment"); and
WHEREAS, accordingly, the Parties presently desire to modify and supplement the Original
Development Agreement by this Amendment in order to clarify their intent with respect to Tract A.
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 and supplement the terms and conditions of the Original Development
Agreement as follows:
City Clerk's Office; Fort Collins, Coloradc:F
A. Inclusion of Tract A. The Parties acknowledge and agree that as expressly provided
and for only the limited purposes set forth herein, Tract A of The Grove at Fort Collins, being a
replat of a portion of Tract C, Windtrail Townhomes, P.U.D., First Replat; a replat of a portion of lot
1 Centre for Advanced Technology P.U.D., Ninth Filing and a tract of land, located in Section 23,
Township 7 North, Range 69 West of the 6'h P.M., City of Fort Collins, County of Larimer, State of
Colorado, is hereby made a part of the Property and the Development.
B. Requirements Applicable to Tract A. The Developer agrees that the Original
Development Agreement, as modified and supplemented by this Amendment and by the Minor
Amendment shall, along with the requirements on the Final Development Plan of The Grove at Fort
Collins, and other applicable recorded documents, govern the development activities on Tract A
pertaining to the Development.
C. Removal of Temporary Leasing/Sales Trailer From Tract A. The development and
use of Tract A shall be limited to the development of the temporary use of Tract A as a leasing/sales
trailer as described in the Minor Amendment, for a period not to exceed one (1) year from the date of
issuance of a temporary Certificate of Occupancy. Upon the expiration of the period during which
said temporary use shall be permitted hereunder, all related structures, fixtures, drive approaches,
walkways and parking areas shall be removed from Tract A and all utilities shall be abandoned and
closed or removed as specified by the City. No work to remove the drive approach onto Rolland
Moore Drive shall commence until such time as the Developer requests and is issued a "Permit for
Drive Approach/Sidewalk in Public Right -of -Way" from the City. The Developer shall be
responsible for providing such erosion control, fugitive dust control, or other site management as
may be required to prevent impacts that to adjacent rights -of -way and property from the condition
of Tract A, and shall be responsible for any such impacts in the event they occur.
D. Future Development of Tract A. Other than the one-time, temporary use of Tract A
for a leasing/sales trailer as provided herein, no further development or use of Tract A is authorized
or approved until such time as a new development approval is obtained for Tract A. Any such
development shall be subject to such new and additional Development Agreement requirements as
may be determined to be appropriate and agreed to by the City and the developer of Tract A.
E. Recording. This Amendment will be promptly hereafter recorded by the City with
the office of the Clerk and Recorder for Larimer County, Colorado.
F. Effect of this Amendment. All other terms and conditions of the Original
Development Agreement shall remain unchanged and in full force and effect, except as expressly
amended in this Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day
and year first above written.
..T.TTn
APPROVED AS TO CONTENT:
City n g i n
APPROVED AS TO FORM:
Deputy City Attorney
3
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By. --
City Manager
DEVELOPER:
Campus Crest at Fort Collins, LLC, a Delaware
limited liability company
By: Campus Crest Properties, LLC, a North
Carolina limited liability company, its
Manager
By:
Printed Name:�r'�
Title: Manager
STATE OF NORTH CAROLINA )
ss.
COUNTY OF MECKLENBURG )
The foregoing instrument was acknowledged before me this "2? day of
2012, by Campus Crest at Fort Collins, LLC, a Delaware limited liability company by Campus trest
Properties,�LC, a Nor Carolina limited liability company, its Manager, by
�---�i"L 976 its Manager.
Notary Public
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OWNER:
Colorado State University Research Foundation, a
Kathleen Henry,
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 30M day of MA V
2012, by Kathleen Henry as CEO/President and by Julie Birdsall as CFO of Colorado7—State
University Research Foundation, a Colorado non-pr fit corporation.
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