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HomeMy WebLinkAbout20160630 1st Amendment to SIAIRONBRIDGE SUBDIVISION FIRST AMENDMENT TO IMPROVEMENTS AGREEMENT THIS FIRST AMENDMENT TO THE IRONBRIDGE SUBDIVISION IMPROVEMENTS AGREEMENT (“SIA”) is made and entered into this ___ day of _________________ 2016, by and between BLUE HERON DEVELOPMENT COMPANY (“Owner”) and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield (“County”), State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents (“BOCC”). Recitals 1. Owner is the successor to Blue Heron Properties, LLC. 2. Owner is the owner and developer of the Ironbridge Subdivision (the “Subdivision”), which property is depicted on the Final Plat of Ironbridge Subdivision, Phase III, Filing 1 (“Final Plat”). The real property subject to this SIA is described in that Final Plat, recorded at Reception Number 868309 in the Clerk and Recorder’s records of Garfield County, Colorado and incorporated by this reference. 3. The BOCC and Owner (“Parties”) hereto amend said Agreement to set forth certain understandings regarding the services in writing. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises contained herein, the “Parties” agree as follows: Agreement 1. AFFORDABLE HOUSING. In accordance with the requirements of Article 8 of the LUDC and the Planned Unit Development (“PUD”) approval, Owner has agreed to provide six (6) deed-restricted affordable for-sale housing (“Affordable Housing Units”) within the Subdivision as part of the Project as specifically provided in the affordable housing agreement (the “Affordable Housing Agreement”). CONTRACT ADMINISTRATION AND NOTICE PROVISIONS. The representatives of the Owner, identified below, are authorized as contract administrators and notice recipients. Owner: Blue Development Company Attn: James W. Light or John Young 430 Ironbridge Drive Glenwood Springs, CO 81601 Phone: 970-384-0630 Fax: 970-384-0634 2. All other terms and conditions of the Subdivision Improvement Agreement dated September 21, 2015 shall remain unchanged. 1 IN WITNESS WHEREOF, the Parties have signed this First Amended SIA to be effective upon the date of ______________. BOARD OF COUNTY COMMISSIONERS ATTEST: OF GARFIELD COUNTY, COLORADO _________________________ By: ___________________________ Clerk to the Board Chairman Date: __________________________ BLUE HERON DEVELOPMENT COMPANY, A COLORADO CORPORATION By its Manager, Blue Heron Management, LLC, a Colorado limited liability company By: ______________________________ James W. Light, its Manager STATE OF COLORADO COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this ____ day of ________________, 2016, by Blue Development Company, LLC by its Manager, Blue Heron Management, LLC, by its Manager, James W. Light. Witness my hand and official seal. Notary Public 2