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HomeMy WebLinkAboutTRAIL HEAD AMENDED AGREEMENT #2 - Filed DA-DEVELOPMENT AGREEMENT - 2013-01-08RECEPTION#: 20120093290, 12/27/2012 at 12:50:30 PM, 1 OF 2, R $16.00 TD Pgs: 0 Scott Doyle, Larimer County, CO TRAIL HEAD AMENDMENT AGREEMENT NO.2 THIS AMENDMENT AGREEMENT NO. 2, is made and entered into this day of December, 2012, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "C"; and EAST VINE PROPERTIES LLC, a Colorado limited liability company, hereinafter referred to as the "Developer." WITNESSETH; WHEREAS, the City entered into a Development Agreement (the "Original Development A eement") with Trail Head Inc. ("THI") on December 30, 2004, pertaining to that certain real property situated in the County of Larimer, State of Colorado, which was legally described as set forth in the Original Development Agreement; and WHEREAS, the parties have previously entered into Amendment Agreement No. 1 ("Amendment Agreement No I") which was recorded on August 21, 2012 in the records of the Clerk and Recorder of Larimer County, Colorado, at Reception #20120056934, pertaining to that certain real property situated in the County of Larimer, State of Colorado, which was legally described as set forth in Amendment Agreement No. 1; and WHEREAS, the parties now desire to further modify and supplement Amendment Agreement No. 1 by this Amendment Agreement No. 2. 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 Amendment Agreement No.1 as follows: A. Section H (Bond) of Amendment Agreement No.1 is hereby amended by deleting the date "November 1, 2012" in the three places it appears in such Section H, and replacing it with the date "June 30, 2013" in each of those three places. B. The City hereby approves and accepts the "Current Bond Amount" as the "New Bond Amount," as described in Section H (Bond) of Amendment Agreement No. 1, so that there need not be any change to the "Current Bond Amount" posted by the Developer. C. All other terms and conditions of the Original Development Agreement and Amendment Agreement No. 1 shall remain unchanged and in full force and effect, except as expressly amended or supplemented by this Amendment Agreement No. 2. IN WITNESS WHEREOF, the parties hereto have executed this agreement to be effective as of the day and year first above written. Trai]Headamd2_004 (12-12-12) City Clerk's Office, Fort Collins, Colorado ATTEST: CITY CLERK THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporati4� (1 •••••••.cps ity Manager SEAL:CA APPROVED AS TO CONTENT: x'>, City Enginee6l, APPROVED AS TO FORM: Deputy City Attorney--7,', DEVELOPER: East Vine Properties LLC, a Colorado limited liability company By: ce deffik, Manager by Jordin D. Deifik, attorney -in -fact STATE OF COLORADO )ENOTARY IELLE N. KELLER OTARY PUBLIC ss.E OF COLORADO COUNTY OF LARIMER ) ID 20124062477 EXPIRES SEPTEM8ER 25, 2016 The foregoing instrument was acknowledged before me this I ") day of December, 2012, by Jordan D. Deifik as attorney -in -fact for Bruce Deifik, sole Manager of East Vine Properties LLC, a Colorado limited liability company. Notary Public My Commission Expires: e6wz4�-- W 05,901 cp Page 2 to a 2-page AMENDMENT AGREEMENT NO. 2, between the CITY OF FORT COLLINS and EAST VINE PROPERTIES LLC. Trai[Headamd2_004 (12-12-12) 2