COYOTE CREEK PLANNED UNIT DEVELOPMENT AGREEMENT
The Parties: Matrix Funding Corp., ("the Developer").
City of Fort Lupton, Colorado, a statutory Municipal Corporation, ("the City").
The Project: A public golf course ("the course") being built and to be operated by the Golf Course Enterprise of
the City, geographically integrated with a residential community (the "PUD") owned by the Developer, sharing the
name "Coyote Creek".
The prior agreement: The FORT LUPTON GOLF COURSE RESIDENTIAL AND PLANNED UNIT
DEVELOPMENT AGREEMENT, between these parties and others, dated November 28, 1995 including
COME NOW the parties, for valuable consideration, and with full authority in the signatories hereto, agree as
1. This agreement is a renegotiation of the prior agreement, and is intended to set forth the entire understanding of
the parties. It is, however, based on the prior agreement, and it may be referred to for historical perspective. Any
breach related to timing or performance of the prior agreement by either party is waived and released so that the
parties may embark on this new agreement without any past delay issues, however, responsibility for yet
undiscovered latent construction defects on the PUD improvements is not waived. This new agreement
represents the parties desire to successfully complete the project.
2. The Developer is the successor in interest to FORT LUPTON L.L.C.. HI-VIEW FARMS and AIMS FARM
no longer have any ownership interest in the PUD and therefore are not parties to this agreement.
3. At this time, the parties have exchanged the parcels of land identified in the original agreement and the parties
have cooperated to complete the design of the course and construction is underway.
General. Consistent with the Parties' commitment to parcelize the Course and the PUD Property, the Golf
Course Enterprise is building an 18-hole regulation play golf course, including clubhouse, driving range,
maintenance facilities, irrigation