HomeMy WebLinkAbout2.01 SIA AMDumiuiiiinmiiu0q iiuiiunuiinuuiiimi •
568937
1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOUR MILE RANCH SUBDIVISION
THIS AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT FOUR
MILE RANCH SUBDIVISION is made and entered into this 29th day of August, 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,
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;
WHEREAS, under the revised construction schedule, the off-site improvements are now
expected to be completed by November 3, 2000; and
WHEREAS, the County is concerned that the off-site improvements will not be
completed this year due to the weather; and
WHEREAS, the parties decided to allow the Owner to begin the off-site construction
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. Incorporation of Recitals. The foregoing recitals are hereby incorporated by this
reference.
2. Amendment to Section 4 of SIA. Section 4 of the SIA is hereby amended to add
the following after the first full paragraph:
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 have weekly meetings with representative(s) from Garfield County Road and
Bridge Department, via teleconference or in person, to review the progress of the
construction in relation to the expected completion date by November 3, 2000, as more
fully set forth on the attached schedule. If Owner is reasonably on schedule and the
I:\2000\Agreements\COLODNY-Four Mile SIA-Amend-1.wpd
August 29, 2000
-1-
1111111111111111111111111111111W111111111111111111111 •
568937 09/06/2000 03:33P B1205 P781 M ALSDORF
2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
weather cooperates, Garfield County Road and Bridge representative(s) shall approve
Owner's continued off-site construction, which approval shall not be unreasonably
withheld. If the Garfield County Road and Bridge representative(s) reasonably determine
that Owner is not progressing on schedule and/or weather delays or unforseen
circumstances warrant the discontinuation of construction of the off-site improvements
because the improvements will not be completed due to winter weather conditions, the
County may require Owner to stop construction, bring the road to original grade or to
a grade acceptable the County Road and Bridge Department, and to immediately place
chip and seal on all portions of County Road 117 disturbed by Owner's construction
activities and construction shall re -commence in the spring of 2001.
If Owner is required by the County to place chip and seal on County Road 117, Owner
shall repair the temporary road surface through the 2000-2001 winter season at its sole
expense. Within ten (10) days of the County's determination to stop the off-site
improvement construction, 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. Within 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 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 affirmed and ratified.
Entered into the day and year first above written.
ATTEST,
By:
Russell Colodny, Secretary
ATTEST:
.By:,
By:
THE FOUR MILE RANCH
DEVELOPME ► O ' ANY, a Colorado
corporation
Lester B. Colodny, Cairman
BOA
OF G
OUN/TY COMMISSIONERS
LD COUNT , COLORADO
Clerk to the Board
I:\2000\Agreements\COLODNY-Four Mile SIA-Amend-1.wpd
August 29, 2000
By:
/Agliraf1
-2-
John Mar
111111111111111111IIIIlI 1111 1111111 111 11111 1111 1111
568937 09/06/2000 0 3P B1205 P782 M ALSDORF
3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Acknowledged, subscribed, and sworn to before me this 29th day of August, 2000, by
Lester B. Colodny, as Chairman, on behalf of The Four Mile Ranch Development Company.
WITNESS my hand and official seal. My Com ission expires: 11 I 13
STATE OF COLORADO )
COUNTY OF GARFIELD )
otary Public
Acknowledged, subscribed, and sworn to before me this 29th day of August, 2000, by
Russell Colodny, as Secretary, on behalf of The Four Mile Ranch Development Company.
)1) /gip a
WITNESS my hand and
STATE OF COLORADO
COUNTY OF
y Commission expires:
Notary Public
Acknowledged, subscribed, and sworn to before me this'' dhy of August, 2000, by
John Martin, as Chairman of the Garfield County Board of County Commissioners.
WITNESS my hand and official seal. My Commission expires- 2-0—ace]
STATE OF COLORADO
) ss.
COUNTY OF
Notary Publi
Acknowledged, subscribed, and sworn to before me thisay of August, 2000, by
(
j red /q r1 r,C , as Clerk of the Board, of the Garfield County Board of
County Commissioners.
WTNF�SS8iyhand and official seal. My Commission expir
I:\2000\Agreements\COLODNY-Four Mile MA-Amend-I.wpd
August 29, 2000
-3-
:)
—2 -2-06
v-e 't—
otary Pub
i
a
N
V
W
O
w
N
W
V
0
W
0)
5
7.1
N
0
N
N
N
N
N
O
•
NI Jr -19 9N1 133N1
Wo i►rII• n