The URL can be used to link to this page

Home My WebLink About2.03 SIA 3rd AMD1 111111 11111 1 11111 11111 11111 11111 111 111 11111 1111 1111 574827 01/11/2001 10:26A 81226 P740 h ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO THIRD AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOUR MILE RANCH SUBDIVISION THIS THIRD AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOUR MILE RANCH SUBDIVISION is made and entered into this 20th day of November, 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, 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, Owner and County executed a Second Amendment To Subdivision Improvements Agreement for Four Mile Ranch Subdivision (the "Second Amendment") dated October 23, 2000, which Amendment sets forth the agreement of the parties to defer completion of the off-site improvements until the spring of 2001 and to extend the completion date for the road work already in progress to November 17, 2000, as well as the requirement that the Owner provide the County with a revised cost estimate for the completion of the off-site improvements to determine whether the funds on deposit would be adequate to secure and guarantee performance of the SIA; and WHEREAS, Owner has been delayed in completing the road work and paving in accordance with the deadline set forth in the Second Amendment; and WHEREAS, Owner and County have agreed to extend the completion date for the road work already in progress to December 1,2000. -1- 1 111111 11111 111111 11111 11111 uiii ill ill 1111111111111 574827 01/11/2001 10 26A 81226 P741 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO NOW, THEREFORE, for and in consideration of the premises and the following mutual covenants and agreements, the parties hereby agree as follows; 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated by this reference. 2. Third Amendment to Section 4 of SIA. The Second Amendment to Section 4 of the SIA is hereby amended to reflect the extension of the completion deadline and to delete reference to the possibility that Owner might chip and seal County Road 117 as follows: Due to the delayed start date on the off-site improvements and the County's concerns regarding the impact of bad weather on the improvements to County Road 117, Owner agrees to defer installation of the sewer improvements commencing April 1, 2001, or upon the closing of the Sunlight Mountain Resort for the 2000-2001 ski season, whichever shall first occur. Owner shall have until December 2, 2000 to finish the grading work and associated site work 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. Completion of the off-site improvements, including installation of the sewer and all grading and road work shall occur on or before July 1, 2001. Within ten (10) days of the completion of the grading work and paving of County Road 117 for the winter 2000-2001 season, Owner shall provide the County with a revised cost estimate of remaining uninstalled or uncompleted improvements, or improvements which must be reinstalled, the cost of which will be certified by a licensed professional engineer. The County shall have ten (10) days to review and accept the cost estimate. Within thirty (30) days of acceptance of the revised cost estimate by the County, 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 in accordance with the revised cost estimate from a licensed engineer. 3. SIA Affirmed and Ratified. Except as expressly modified herein, the terms and conditions of the SIA are affirmed and ratified. Entered into the day and year first above written. ATTEST: By: Russ11 C odn Secretary tary By: -2- THE FOUR MILE RANCH DEVELOPMENT COMPANY, a Colorado corporation Peter Burgess, Presid n 111111111111 11111111111 I1III 11111 11111111111111111 574627 01/11/2001 10.26A 81226 P742 M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO +n.ri'•y'.L,�. ;-. : /_'--o/ ler 40lie Board • ',STATE QP.' FV) a? ) ss. COUNTY OF PALM BO OF G OF NTY COMMISSIONERS OUNTY.COLORADO By: John bE� gc I? Acknowledged, subscribed, and sworn to before me this 5 -day of November, 2000, by Peter Burgess, as President, on behalf of The Four Mile Ranch Dev WITNESS my hand and official seal. My Commission expires: STATE OF COLORADO ) ) ss. COUNTY OF 6666/0( ) YI.a H LEN J. COHEN :. MY COMMISSION # CC 839545 EXPIRES: May 25, 2003 Ja bu R.0 Wu. y Punt txdenniprs Notary Pub Acknowledged, subscribed, and sworn to before me this ivy' day of November, 2000, by Russell Colodny, as Secretary, on behalf of The Four Mile Ranch Development Company. WITNESS my hand and official seal. My Commission expires: to "c71 iA ./ i .�� /� i Public STATE OF COLORADO ) ) ss. COUNTY OF ) uar Acknowledged, subscribed, and sworn to before me this f day of l$er, 200 by John Martin, as Chairman of the Garfield County Board of County Commissioners. WITNESS my hand and official seal. M ommission expires: 0 j . Dec • c )C _ .,.,i Notary Public '6� '�:. 'mss,,• 4; coo -3- 1111111 11111 111111 11 11111 IIIIJJ 111 11111 1111 1111 574827 01/11/2001 10:26A 61226 P743 M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) COUNTY OF ) SS, ire nr4 Acknowledged, subscribed, and sworn to before me this b` day of N)ugervembei, 2009fJ by , as Clerk of the Board, of the Garfield County Board of County Commissioners. WITNESS my hand and official seal. My Co ' sion expires: O/• G)6•,DD. j .2,7772? Gt CQc_,9E'. - , No ry Public 0 �et- -, tet. 1:12000 Agrcanenis\COLODM'-Pour Mile SVA-Aube:d-1wpd December 7, 2000 -4- C