HomeMy WebLinkAbout4.0 First Amendment to SIA■111 M IJIY10,1110, 1,N,E Ir weeloyr II mil 1111
Reception#: 772901
08/05/2009 09:50:49 AM Jean Alberico
1 of 2 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO
FIRST AMENDMENT
TO PIONEER GLEN SUBDIVISION
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS FIRST AMENDMENT TO SUBDIVISION IMPROVEMENTS
AGREEMENT, is made and entered into this ZO'`' day of 1E142009, by and between
Specialty Restaurants Corporation ("Owner") and the Board of County Commissioners for
Garfield County, Colorado ("Board").
Recitals
1. On the 21st day of July, 2008, Owner and the Board executed, pursuant to the
requirements and provisions of Section 5 of the Subdivision Regulations of Garfield County,
Colorado of 1984, as amended, a Subdivision Improvements Agreement ("SIA") securing to the
satisfaction of the Board the completion of construction of all subdivision improvements for the
Pioneer Glen Subdivision. A copy of the SIA executed on this date was recorded in the records
of the Clerk and Recorder for Garfield County, Colorado as Reception No.753017, the terms and
conditions of which are incorporated by this reference.
2. Subsequent to the execution of the SIA, Owner encountered conditions beyond its
reasonable control, to wit: the local economic conditions turned extremely depressed and the real
estate market came to a virtual standstill.
3. As hereinafter set forth, Owner and the Board have agreed to amend the SIA to extend
the completion date of the subdivision infrastructure improvements.
NOW THEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, Owner and the Board agree as follows:
1. The time period for the completion by Owner of all remaining subdivision improvements
shall be extended to ,T�� Zf , 2010.
2. The Letter of Credit shall be extended to a date six months from the extended completion
date established herein.
3. All remaining provisions of the SIA, not modified herein or otherwise affected by this
First Amendment to Subdivision Improvements Agreement, shall remain in full force and effect.
L:lcapital\GLENWOOD2.50616 SIA Amendment.doc
1111 l��'� �J'til 'i �� i I S P���1��'G�i �1��' � ti�+�141�� 11111
Recept i ontt : 772901
08/05/2009 09'50:49 AM Jean Alberico
2 of 2 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY GO
ENTERED INTO the day and year first above written.
Owner: SPECIALT ' STAURANTS CORPORATION
By:
John D. Tallichet
State of Ca
)SS
County of Orange
The forgoing instrument was acknowledged before me this /( day of
2og by 1-6 ,/ L -TA l L 1 c q , Authorized signatory for Owner, 5�64k_? -Kes
WITNESS MY HAND AND SEAL
Notary Pu he
My Commission Expires: 3 -021-/a
BOARD OF
OR GARF
Y COMMISSIONERS
UNTY, COLORADO
By
ATTE
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L:lcapital\GLENWOOD.50616 SIA Amendment.doc
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LYNEI FE
Commission # 1653359
Notary Public - California t
Orange County
My Comm. Expires Mar 21, 2010