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HomeMy WebLinkAbout1.18 Subdivisions Improvements Agreementsmillpill.111114A101111101.111V56111141VVillriii 11 III Reception9: 828066 12/0512012 02:48:49 PM dean Alberico 1 of 3 Ree Fee:$0 00 Doc Fee:0.00 GARFIELD COUNTY CO RELEASE OF SUBDIVISION IMPROVEMENTS AGREEMENT PHASE 1 SPRING VALLEY RANCH SUBDIVISION LOCATED WITHIN THE SPRING VALLEY RANCH P.U.D. THIS AGREEMENT is made and entered into this i3—day of riO4erin 2012 by and between SPRING VALLEY HOLDINGS, LLC, a Delaware Limited Liability Company ("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"). RECITALS A. Owner is the owner and developer of the Spring Valley Ranch P.U.D., a portion of which property is depicted on the Phase 1 Final Plat of the Spring Valley Ranch Subdivision ("Subdivision" or "Final Plat"), recorded at Reception No. 793243 of the real estate records of Garfield County, Colorado. B. Owner and the BOCC entered into a Subdivision Improvements Agreement ("SIA") on September 7, 2010, and recorded on October 21, 2010 in the office of the Clerk and Recorder of Garfield County at Reception No. 793244. C. The SIA provided for certain improvements to be constructed on the property depicted on the Final Plat and further described in Exhibit B to the SIA. 111 D. Owner has filed applications for an Amended Final Plat and for a P.U.D. Amendment which defer construction and dedication of a section of roadway identified on the Final Plat as "Highgrange Pass Road Right -of -Way" from Phase 1 to Phase 2 of the Spring Valley Ranch P.U.D. Pursuant to the Unified Land Use Resolution of 2008, as amended, these applications were processed by Administrative Review. E. Ori icty , X01 the Garfield County Director of Building and Planning issued a Director's Determination approving the Amended Final Plat and P.U.D. Amendment. No call-up of the Director's Determination occurred and the decision became final on , S u vv._ IS c' t F, The Owner and BOCC acknowledge that improvements required by the SIA are no longer necessary under the terms of the Amended Final Plat and P.U.D. Amendment. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: AGREEMENT iJ 3 SNI IIYrbnniol ri1r 11111 Reception#: 828068 1210512012 02:48:49 PM Jean Alberico 2 of 3 Rao Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 1. No Further Obligation. The Parties acknowledge and agree that Owner has no further obligations for improvements under the SIA. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date first set forth above. ATTEST: m erk to the Board BOARD OF F GARFI Y COMIMISSIONERS UNTY, COLORADO STATE OF •LORADO ) )ss. COUNTY OF GA ' IELD ) By: Chairman Date: OWN SPRIN OLDINGS, LLC By: Ve5-6 (Name and T'tle) Date: 11Q 2 r rze Subscribed and orn to before me by , an authorized representative of , 0 v of the Subdivision, this day of , 2012. WITNESS my hand eal. My commi :.n expires: Notary Public 111' PA AiPI+I4II1WRI++IICW.1 710Cl RR 11111 Rccrptlonn; 828068 12105!2012 02:48:49 PM dean Alberico 3 of 3 Rec Fee:S0_0O Doc Fee 6.00 GARFIELD COUNTY CO State of Caornia — County of y.ifl Y et t✓'.i :�C. Subscribed and sworn to (or affirmed) before me on t is day of Wier„ ✓ , 20 12, by DOYUc.t ('Ob-bP[7) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. KAREN M. SITTON CommIsslon # 1901348 Notary Public - Calilornla San Francisco County M Comm. Ex ires Au 26, 2014 Ignature