HomeMy WebLinkAbout2.02 SIA 2nd AMD11111111111111111111111111111114ii uiii ilii uii
572240 11/15/2000 02 57P B1217 P577 M ALSDORF
1 of 3 R 0.00 0 0.00 GARFIELD COUNTY CO
SECOND AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOUR MILE RANCH SUBDIVISION
THIS SECOND AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOUR MILE RANCH SUBDIVISION is made and entered into this 23rd day of October, 2000,
by and between THE FOUR MILE RANCH DEVELOPMENT COMPANY, a Colorado
corporation (hereinafter "Owner") and the BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, STATE OF COLORADO (hereinafter "County").
WITNESSETH:
WHEREAS, Owner and County executed a Subdivision Improvements Agreement for
the Four Mile Ranch Subdivision (the "SIA") dated June 30, 2000, recorded on July 3, 2000 as
Reception No. 565738 in the Garfield County Clerk and Recorder's office; and
WHEREAS, Owner executed a Deposit Agreement with the County dated June 30,
2000,as amended by that letter agreement dated August 28, 2000, by and between the Garfield
County Treasurer and Leavenworth & Tester P.C. and accepted and agreed to by the Garfield
County Board of County Commissioners, to secure and guarantee the performance of the SIA
by Owner (the "Deposit Agreement"); and
WHEREAS, due to unforseen circumstances, Owner did not commence construction of
the off-site improvements according to its initial schedule; and
WHEREAS, Owner and County executed an Amendment To Subdivision Improvements
Agreement for Four Mile Ranch Subdivision (the "Amendment") dated August 29, 2000,
recorded on September 6, 2000 as Reception No. 568937 in the Garfield County Clerk and
Recorder's office, which Amendment set forth a revised completion date for the off-site
improvements of November 3, 2000, as well as the procedures to be followed in the event
completion could not be accomplished by that date; and
WHEREAS, the County and the Owner are concerned that the completion of the off-site
improvements will not occur prior to November 3, 2000; and
WHEREAS, the parties have decided that the Owner shall defer completion of the off-site
improvements until the spring of 2001 and shall have an extension of time within which to
complete the road work already in progress and to surface the road for the upcoming winter,
subject to the conditions described herein.
NOW, THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, the parties hereby agree as follows;
1 141-
Incorporation of Recitals. The foregoing recitals are hereby incorporated by this
reference.
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2. Second Amendment to Section 4 of SIA. The Amendment to Section 4 of the SIA
L'\2000\Agrcemems\COLODNY-Four Mile SIA-Amend-2.wpd
October 26, 2000
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is here'oy amended to read as follows:
Due to the delayed start date on the off-site improvements and the County's concerns
regarding the Impact of had weather on the improvements to Counry Road 117, Owner
atrees to defer installation of the sewer impro emems until April 1, 2001, or until the
closing o; the Sunlight Mountain Resort for the 2000-2001 ski season, whichever shall
first occur. Owner shall have until November 17, 2000 to finish the grading work
associated with the off-site improvements and to pave that portion of County Road 117
disturbed by the Owner in connection with the off-site improvements, with a two inch
asphalt overlay. In the event thews cerrpe,amre prevents the installation of asphalt
pursuant to CDOT standards, Owner shall chip and seal County Road 117 on or before
November 17.2000.
Within ten (10) gays o7 the completion of the grading work and p vinz of Coling' Road
117 for the winter 2000-2001 season_. Owner shall provide the County with a revised cost
estimate of remaining uninstalled or uncompleted improvements, the cost of which will
be certified by a licensed professional engineer. Wit ir- thirty (30) days of submission
of the revised remaining costs estimate, Owner shall supplement the cash deposit with
the County; in accordance with the Deposit Agreement, to insure that the cash deposit
adequately secures completion of the public improvements nts in accordance with the updated
cost estimate from a licensed engineer.
3. SIA Affirmed and Ratified. Except as expressly modified herein, the terms and
conditions of the SIA are ailrmed and ratified.
Entered into the day and year first above written.
ATTEST:
By:
By:
•r
b:
• C T3C '0 the Board
"'rrrnrfliIlt "''`
October ::i.:COC
THE FOUR MILE RANCH
DEVELOPMENT COMPANY , a Colorado
corporation
i
Pet; r Burgess, Preside
BOARD f' - L'NT Y' COMMISSIONERS
OF COUNTY, COLORADO
Ey:
jor
STATE OF' FloRi041
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COUNTY OF (dm 11/9_i -i)
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572240 11/15/2000 02 57P B1217 P579 M ALSDORF
3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
Acknowledged, subscribed, and sworn to before me :his 6 day of October, 2000, by
Peter Burgess, as President, on behalf of The Four Mile Ranch Deve' m�nr Comnauv_ *�,
j; HELEN J. COHEN
y: :r MY COMMISSION it CC 839545
WITNESS i.ny hand and officialsea:.. My Cornmr. ssion expire FxptaFS `r5,prkt3
STATE OF
COUNTY OF
ss.
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Based Thru Notary Public Underwrher.
Acknowledged• subscribed, and sworn to before raze thisoZ 5' day of October. 2000, by
Rtl;:.s4i1 Colodny. as Secretary-, on behalf of The Four Mile Ranch Development Company.
S\cc; `i,ctiy:r ons
WITNESS my hand and official sea. My Coma is_ion expire:
STATE OF COLORADO )
. )ss.
COUNTY OF ,dt Z )
HELEN J. COHEN
MY COMMISSION M CC Sa95<;
; RES: May 25, 2003
.S TMu Notary Pt k Undetwrilxs
Notary
u'.v subscribed,
and- before IA. T N�
ent
Acknowledged, ledged, subscribed, sworn to before me this !3 day of
Jotri as C ai.rrnan o: the Garfield County Board oI Coi.inry Conrniissioners.
�rr,2000, by
WITNESS nw hand and official seal.
STATE OF COLORADO )
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COUNTY OF iJ iJ d )
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My Commission expires: 9,2-/Y of •' :`�c',,
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Acknowledged, subscribed, and sworn to before 17 -,le thi t 3 day of 2000. by
fli i l d k ed i4( s d o k r , as Clerk of the Board, of the Garfield County Board of
County Commissioners.
WITNESS my hand and official
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