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HomeMy WebLinkAboutWOODWARD TECHNOLOGY CENTER - Filed DA-DEVELOPMENT AGREEMENT - 2013-10-17RECEPTION#: 20130077436, 10/11/2013 at 12:55:11 PM,1 OF 2, R $16.00 TD Pgs: 0 Angela Myers, Clerk & Recorder, Larimer County, CO WOODWARD TECHNOLOGY CENTER SUPPLEMENTAL DEVELOPMENT AGREEMENT FOR GRADING AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT, made and entered into this 26; day of S��ex 2013, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City"; and WOODWARD, INC., a Delaware Corporation, hereinafter referred to as the "Developer". WITNESSETH; WHEREAS, the City entered into a Supplement Development Agreement for Grading with WOODWARD, INC. on August 15, 2013, as recorded with the Latimer County Clerk and Recorder on August 29, 2013 at Reception Number 20130066887, the terms of which govern the placement of fill and the grading of the same of the Developer pertaining to that certain real property situated in the County of Latimer, State of Colorado, (hereafter referred to as the "Property") and legally described as follows, to wit: Woodward Technology Center, located in the southeast quarter of Section 12, Township 7 North, Range 69 West of the 6th P.M. and southwest quarter of Section 7, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Latimer, State of Colorado. WHEREAS, the parties presently desire to modify the Supplemental Development Agreement for Grading 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 Supplemental Development Agreement for Grading as follows: A. Paragraph 19 shall be added as follows: 19. Unless written permission is granted by the flood plain administrator, there shall be no equipment larger than a pickup truck working in the area south of the existing Poudre Trail, including the Poudre River itself, between April 15th and September 30th due to the flood threat during that time. The limits of disturbance as identified on the plans shall be strictly followed and all impacts to the channel bed and banks not specifically identified as being re -graded shall be minimized. B. All other terms and conditions of the Supplemental Development Agreement for Grading LR'Ity Clerk's Office, Fort Collins, Colorado 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 By: City Manager OF F0�� ATTEST: ''• 0 • •r � :z CITY CLERK C� .: APPROVED AS TO CONTENT: M, I lo, olw"rAwlomgAo ity Engineer APPRO D ITO FORM: eputy City Attorney DEVELOPER: WOODWARD, INC., a Delaware Corporation By: _�ec� Steve Stiesmeyei, Directrr�of Corporate Affairs 2