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Home My WebLink About2.0 SIA's1111 riii N MMILGMiR 111/1. AC444I Iiiii 141.11 111 III Reception#: 791360 09/14/2010 11:19:11 AM Jean Alberico 1 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE 1 THIS AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT ("Amendment") is made and entered into this 1311 day of :it .Q' .► , 2010, by and between LB ROSE RANCH LLC ("Owner") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, acting for the County of Garfield, State of Colorado, as a body politic and corporate, directly or through its authorized representatives and agents ("BOCC") and hereby amends the Subdivision Improvements Agreement for the Ironbridge Planned Unit Development, Phase 1 as is hereinafter set forth. WHEREAS, Owner is the owner and developer of that real property located within Garfield County, Colorado heretofore subdivided into lots and blocks under the Amended and Restated Final Plat, Ironbridge Planned Unit Development, Phase 1 recorded in the records of the Clerk and Recorder for Garfield County, Colorado on June 16, 2004, as Reception No. 654210 ("Phase I Property"); WHEREAS, the Phase I Property is subject to the terms, conditions and provisions of that Subdivision Improvements Agreement recorded in the records of the Clerk and Recorder as Reception No. 569190 and amendments thereto subsequently recorded as Reception Nos. 569191, 569192, 597597598280 and 654211 (collectively the "Phase 1 Subdivision Improvements Agreement"); WHEREAS, under the Phase 1 Subdivision Improvements Agreement, Owner was required to construct within the Phase 1 Property concrete sidewalk pedestrian ways ("Sidewalks"), as are more particularly described within the engineered specifications therefore which were identified within the Phase 1 SIA and incorporated therein as Rose Ranch P.U.D. Miscellaneous Detail Sheet, Sheet 67 of 77, High Country Engineering, Inc. (Project No. 97042.04); WHEREAS, due to drainage issues, Owner was unable to construct the above identified sidewalk pedestrian ways and in lieu thereof constructed an asphalt pedestrian path ("Pedestrian Path"). The general location of the pedestrian path, as existing and in place, is set forth within Exhibit A hereto and the specifications to which it was constructed is set forth within the revised engineered specifications attached hereto as Exhibit B; WHEREAS, Owner, in accordance with the administrative review procedures set forth within Section 4-104 of the Garfield Land Use Resolution of 2008, as amended, has obtained amendments to the Planned Unit Development zoning and Final Plat for the Phase 1 Property allowing substitution of Pedestrian Path for the Sidewalk above described, which amendments are confirmed in the decision of the Garfield County Building and Planning Director entered on August 24, 2010 and incorporated herein by this reference; and Amendment to Subdivision Improvements Agreement Page 1 of3 Ironbridge Planned Unit Development, Phase I 6 1111 In 64+fr 1411M1011:1104141 RN 11 II I Reception#: 791360 09/14/2010 11,19:11 RM Jean Rlberico 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO WHEREAS, Owner and the BOCC wish to amend the Phase 1 Subdivision Improvements Agreement to conform to the above described amendments to the Planned Unit Development zoning and Final Plat for the Phase 1 Property. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, Owner and the BOCC agree as follows: 1. All requirements heretofore addressed within the Phase 1 Subdivision Improvements Agreement and pertaining to the location and construction of the sidewalk pedestrian ways are hereby deleted in consideration and substitution for the location and construction of the pedestrian path hereinabove described. 2. Rose Ranch P.U.D. Miscellaneous Detail Sheet, Sheet 67 of 77, High Country Engineering, Inc. (Project No. 97042.04) heretofore incorporated within the Phase 1 Subdivision Improvements Agreement is hereby replaced with Exhibit B hereto. 3. Except as so amended, the Subdivision Improvements Agreement remains in full force and effect. LIN WITNESS WHEREOF, Owner and the BOCC have signed this Amendment this day of S. ,c.. , 2010. ATTEST: t(r-) ae.l,teu,a erk to the Board < C< ►SEAS.• ti s ,Q „ O i.ORP OARD OF COUNT 1 MMISSIONERS Olp ORADO Mb 1 a Pli IFFIr G • ' FIELD COU By. Date: Chair OWNER LB ROSE RANCH LLC, as Debtor and Debtor in Possession in its Chapter 11 Case in the United States Bankruptcy Court for the Southern District of New York, Case No. 08-13555 (JMP) By: oy Fi ; Authorrz�d Sig .tory Amendment to Subdivision Improvements Agreement Page 2 of 3 Ironbridge Planned Unit Development, Phase 1 ■111 K FMN,N1111.111W11i1T i1 '11k11'f ,1114 11111 Reception#: 791360 09114/2010 11:19:11 AM Jean Rlberico 3 of 5 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF New York ) COUNTY OF New York ss Subscribed and sworn to before Jeffrey Fitts me LLC, as Debtor and Debtor in Possession in Court for the Southern District of New York, WITNESS my hand and official seal. this s9Ph day of Co , 2010, by , as authorized signatory for LB ROSE RANCH its Chapter 11 Case in the United States Bankrupcy Case No. 08-13555 (JIVIP). W Notary Pub1i' RONNE BAPTISTE Notary Pubo, State of New Wlk No. 01$A8199150 Qualified in Kegs County Commission Expires July 12, !O1! 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