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HomeMy WebLinkAboutAddendum to SIA111111111111111111111111111111111111111111111111111 IHL 803361 05/14/2002 04:31P B1354 P894 M ALSDORF of 2 R 0.00 D 0.00 GARFIELD COUNTY CO Upon recording return to. Garfield County Dept. of Build and Planning c/o Mark Bean 109 bth Street Glenwood Springs, CO 81601 T.O. Ranch Holdings, LLC c/o Tim Thulson P.O, Box 790 Glenwood Springs, CO 81602 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (T.O. Ranch Subdivision) THIS ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT is made and entered into this 12 day of /27,3 'f , 2002 by and between T.O. RANCH HOLDINGS, LLC, a Colorado limited liability company (hereinafter "Owner ") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, (hereinafter "County "). WHEREAS, on date even herewith, Owner and the County executed a Subdivision Improvements Agreement (hereinafter "SIA ") for the purpose, inter alia, of securing the completion of construction of the Subdivision Improvements contained within the T.O. Ranch Subdivision, a residential subdivision located in Garfield County, Colorado. A copy of the SIA has heretofore been recorded in the records of the Clerk and Recorder for Garfield County on rim_ 2002, in Book /3s7'' , at Page bey and Reception Number ee". 6o t WHEREAS, under Paragraph 3c of the SIA, Owner is required to provide security to provide for the full revegetation of all landscaping improvements within the T.O. Ranch Subdivision for a time period of one year after completion of the same. To date, all subdivision improvements including landscaping improvements have been constructed in accordance with the terms and provisions of the SIA and the only remaining security/bonding obligations of the Owner thereunder pertain to the revegetation of landscaping improvements above stated. WHEREAS, the total cost for revegetation of landscaping improvements is $3,000.00. WHEREAS, pursuant to Paragraph 3a of the SIA Owner and the County have agreed to enter into this Addendum to Subdivision Improvements Agreement for the purpose of clarifying and setting forth the nature and type of security that will need to be posted by Owner for the purpose of securing the revegetation of landscaping improvements contained within the T.O. Ranch Subdivision. NOW THEREFORE, for and inconsideration of the premises in the following mutual covenants and agreements, Owner and the County hereby agree as follows: 1. Owner shall deposit with the Office of the County Treasurer, a check in the amount of $3,300.00. Addendum to Subdivision Improvements Agreement T.O. RanchSubdivision Addendum to Subdivl.Oon.Im prove 's Agree, 05250L wpd Page 1 2. The County Treasurer shall deduct $300.00 as a deposit charge and shall deposit and maintain the remainder of the proceeds of this check in a separate account which shall be set up and maintained for the purpose of securing the revegetation of landscaping improvements within the T.O. Ranch Subdivision. In accordance with the procedures set forth within Paragraph 3b of the SIA, the County shall have the authority to draw upon this account to cover any and all landscaping improvements revegetation costs that may be required within the T.O. Ranch Subdivision. In the event the County is not required to draw upon this account within the one year period above described, then all proceeds and interest, if any, shall be refunded to the Owner. 3. All terms, conditions, provisions of the SIA not addressed hereinabove shall remain valid and in place. ENTERED INTO the day and year first above written. T.O. RANCH HOLDINGS, LLC a Colorado Limited Liability Company By Mary nn Hyde, Manager BOARD OF COUNTY COMMISSIONERS OF GARFI LD * . NTY, COLORADO By Ch �fl1F 1111111 efk to the Board 1 11111111111 Illlll 11111 1111 11111 1111111 111 111 1111 1111 603361 05/14/2002 04:31P B1354 P895 M ALSDORF 2 of 2 R 0.00 D 0.00 GARFIELD COUNTY CO Addendum to Subdivision Improvements Agreement T.O. RanchSubdivision Addendum to Suhdivision .1mprove's.Agree.11525o1,wpd Page 2