No preview available
HomeMy WebLinkAboutC04-125 Berry Creek LLC~n ~- Ids - 1d SECOND AMENDMENT TO SUBDIVISION AND ON-SITE IMPROVEMENTS AGREEMENT FOR MILLER RANCH PHASE II AND PHASE III THIS SECOND AMENDMENT to the Subdivision and On-Site Improvements Agreement for Miller Ranch Phase II and Phase III is entered into this day of March, 2004, by and between Berry Creek Limited Liability Company (hereinafter "Developer") and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "County"). WITNESSETH WHEREAS, Developer and County entered into a Subdivision and On- Site Improvements Agreement for Miller Ranch Phase II and Phase III on October 22, 2003 (hereinafter "Agreement") and a First Amendment to that Agreement on January 13, 2004; and WHEREAS, Section 1.2 of the Agreement provides in part that Developer will enter into an agreement with a suitable contractor for the performance of the required subdivision improvements within sixty days of the Agreement; and WHEREAS, Developer is negotiating with contractors to perform the required subdivision improvements, but to date no such agreement has been executed; and WHEREAS, Section 4.6 of the Agreement provides that the Agreement may be modified from time to time provided that such amendment is in writing and is signed by all parties. AGREEMENT 1. Section 1.2 of the Agreement is hereby amended to read as follows: "1.2 Sc~e of Work. The Developer hereby agrees, at its sole cost and expense, to furnish all necessary equipment and material, and to complete all Subdivision Improvements as set forth in all documents, construction drawings, designs, maps, specifications, sketches, and other materials submitted by the Developer and accepted by the County, and in accordance with all laws of the United States of America, State of Colorado, County of Eagle, and their respective agencies and affected governmental entities. It is agreed that Developer will enter into an agreement with a suitable contractor for the performance of the Subdivision Improvements no later than March 15, 2004." 2. Section 1.7 of the Agreement is hereby amended to read as follows: "1.7 Estimated Cost of Subdivision Improvements. At the time of executing this Agreement. Developer is negotiating a contract with a suitable contractor for the performance of the Subdivision Improvements. It is agreed between County and Developer that Developer shall enter into such a contract no later than March 15, 2004, and shall provide the contract to County for its independent review and approval. The contract between Developer and contractor for performance of the Subdivision Improvements shall include a cost estimate or statement of costs for the successful completion of the Subdivision Improvements which shall be approved by the County Engineer in her sole discretion. Once approved, such contract shall be attached to this Agreement in the form of an amendment as Exhibit "A." Further, Developer agrees to obtain a performance bond from the contractor to secure the successful performance of the contract. In the event the Developer fails to provide a contract incorporating an acceptable cost estimate by March 15, 2004, County shall have all legal remedies available to it including but not limited to injunctive relief, specific performance and the ability to withhold building permits associated with Phase II and III." 3. Paragraph 2.1 of the Agreement is hereby amended to read as follows: " 2.1 Warranty. Within thirty (30) days after Developer has completed all of the work required by this Agreement and the work has been approved and accepted by the County for purposes of the two year warranty period, the Developer shall arrange to post security in an amount equal to ten percent (10%) of the contract price (which shall be attached hereto as Exhibit A no later than March 15, 2004 as more fully set forth in paragraph 1.7 above), and it is agreed that the contract price shall represent the actual costs of construction. Developer shall be responsible for the condition of the Subdivision Improvements for a period of two years after completion; this shall be guaranteed in the form of a letter of credit or County will consider, but shall not be required to accept, a guarantee bond from Developer in an amount and in a form acceptable to the County in its sole discretion. The County agrees to consider a maintenance bond as security under this paragraph so long as the terms and conditions of such bond are acceptable to the County in its sole discretion." 4. All other terms and conditions of the Subdivision and On-Site Improvements Agreement for Miller Ranch Phase II and Phase III shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this _ day of March, 2004. Z COUNTY: of ~~~r ~ ~ ~' ~ Attest: ` ~ ~ ~ Clerk to the Soard of County Commissioners State of )ss. County of The foregoing was acknowledged before ~D S ~ ~ RiP~'S as 1 ~. ~ cam(, 2004, by Limited Liability Company, a Colorado Limited Liability Compariyu~ _^~' =o ~ sa. Witness m hand and ofFicial seal. '., of o~-o~;`~ My commission expires MY JANUARY 22 2GG6RES~ l.J~ Notary Publ c County of Eagle, State of Colorado By and Through its Board of County Commissioners By: Tom C. Stone, Chairman DEVELOPER: Lessee: Berry Creek Limited Liabili Company By: its: 1 ~~'1G2- EXHIBIT "A" TO SECOND AMENDMENT TO SUBDIVISION AND ON-SITE IMPROVEMENTS AGREEMENT FOR MILLER RANCH PHASE II AND PHASE III IS LOCATED IN BERRY CREEK/MILLER RANCH FILE NO. 2000-108 SUBFILE SUBDIVISION AND IMPROVEMENTS AGREEMENT Description of Exhibit: PROJECT MANUAL FOR MILLER RANCH -FILING 2 PUBLIC IMPROVEMENTS DATED MARCH 2004 AND PREPARED BY MARGIN ENGINEERING LLC