HomeMy WebLinkAboutEx 23 - 2012 LSR Agreement Re Uneeded ImpExhibit 23 1 2012 Agreement Waiving Filing 1 Subd. Improvements
Lake Springs Ranch
Filing 2 Final Plat Application
April 2018
AGREEMENT
THIS AGREEMENT is made this 2 sib; day of A�/'� , 2012 by
and between THE BERKELEY FAMILY LIMITED PART SHIP ("Owner") and the
BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORS()
("County").
RECITALS
A. Owner is the developer of a parcel of real property known as Lake Springs
Ranch, Filing 1, which property is depicted on the Final Plat of Lake Springs Ranch,
Filing 1 ("Final Plat").
B. Owner and the County entered in to a Subdivision improvements
Agreement ("SIA") November 1, 2004 and recorded on December 8, 2004 in the office
of the Clerk and Recorder of Garfield County at Reception No.664630 in Book 1645 at
Page 303.
C. The SIA provided for certain improvements to be constructed on the
property depicted on the Final Plat.
D. Section 3(b) of the SIA states that "until all subdivision improvements as
described herein for Lake Springs Ranch, Filing 1, have been completed and accepted by
the County, Owner shall be prohibited from submitting any further final plans for any
other portion of Lake Springs Ranch PUD."
E. Owner currently has land use development applications pending before the
County and intends to submit final plans for other portions of the property.
F. Subsequent to the Final Plat, the property depicted on the Final Plat was
placed in to a conservation easement and the property was conserved. The Owner and
County acknowledge that 'improvements required by the SIA are no longer feasible or
necessary under the terms of the conservation easement.
G. The parties desire to amend the SIA to reflect this change in conditions.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
AGREEMENT
1. Further Final Plans. The parties hereby waive the requirements of section
3(b) of the SIA and acknowledge and agree that the Owner may submit further final plans
for other portions of the Lake Springs Ranch PUD without completing the improvements
described in the SIA. It is agreed that the improvements in the SIA are no longer feasible
or necessary due to the conservation easement.
2. 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.
THE BERKELEY FAMILY LIMITED PARTNERSHIP
By: f-
Miriam M. Berkeley, General Partner
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF GARFIELD, STATE OF COLORADO
By:
John Martin., Chairman.
ATTEST:
Jean Alberico, Clerk and Recorder
Garfield County, Colorado
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD
Subscribed and swom to before me by Miriart�M. Berkel y as General Partner of
The Berkeley Family Limited Partnership this 0e day of Apr -71 , 2012.
WITNESS my hand and official seal.
My commission expires: S/3bQ/:-/
ehO)t OC,tert,
Notary Public