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HomeMy WebLinkAboutC04-339 Kirk Weiss, John Egan and Virgil Meadows~'~ ' 3 3g 50 FIRST AMENDMENT TO SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT FOR WILLOW CREEK PLANNED UNIT DEVELOPMENT File No. PDF-00027 THIS FIRST AMENDMENT to the Subdivision and Off-Site In ~provements Agreement for Willow Creek Planned Unit Development (hereinafter "Willow Creek PiID") is entered into this ~ day of October, 2004, by and between the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "County") and Kirk Weiss, John Egan and Virgil Meadows (hereinafter "Developer"). WITNESSETH WHEREAS, Richard A. Eddy (hereinafter "Subdivider") and County entered into a Subdivision and Off-Site Improvements Agreement for Willow Creek PUD on November 6, 2002 (hereinafter "Agreement"); and WHEREAS, Subdivider assigned his right, title and interest in the Agreement to Kirk Weiss, John Egan and Virgil Meadows (hereinafter "Developer") on May 11, 2004 by Consent to Assignment and Assumption of Subdivision Improvements Agreement recorded at Reception No. 879395; and WHEREAS, Section 1.5 of the Agreement provides that "all Subdivision Improvements shall be completed prior to September 30, 2004"; and WHEREAS, Developer has requested and the Eagle County Engineering Department recommends a one (1) year extension of the Date of Completion of the Subdivision Improvements as currently set forth in the Agreement (See Exhibit "A" attached hereto and incorporated by reference); and WHEREAS, Section 4.5 of the Agreement provides that "this Agreement maybe amended or modified from time to time, provided that such amendment or modification be in writing and signed by all parties hereto"; and WHEREAS, the County and Developer desire to amend the Agreement to reflect anew Subdivision Improvements Completion Date of September 30, 2005. AGREEMENT 1. Section 1.5 of the Agreement is hereby amended to read as follows: "1.5 Date of Com letion. All Subdivision Improvements shall be completed prior to September 30, 2005." 2. All other terms and conditions of the Subdivision and Off-Site Improvements Agreement for Willow Creek PUD shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the day and year first above written. COUNTY: Attes C erk to the Boar of~ ~` County Commissioners State of Colorado ) )ss. County of '=1 ~'~ ~ ) County of Eagle, State of Colorado By and Through its Board of County Commissioners By: Tom C. Stone, Chairman DEVELOPER: By: By: By: The foregoing was acknowledged before me this 2004, by Kirk Weiss as ~' ~~ -' of .i," - . ' ` ~ ; - = ~ `Witness my hand and _, - ~~ ,,.., ~~.3 f,: ' " " ~f - •-`= My commission expiry ~. . - ~~v tS• ~_ ~~7 ~~ -day of 2 State of Colorado ) )ss. County of z t ~1 ~ ) ,, ~ ~~ ~=~ k ~ ~` Tl~e `foregoing was acknowledged before me this' day of ` :-.~~ by;~hn Egan~as " l~o~..e,,,~„r N of -; - ~ . - ~ 4.' ,Witness my hand and o~ ~~ ~' ~ My commission expires VK State of Colorado ) )ss. County of ~ 1 PzsrG ) The foregoing was acknowledged before me this ~i day of ~,~~~CZ.s. ,2404, by Virgil Meadowslas '' ~~~r~.ke~:~ of ,~;,-.~: ~~t~ ~ ? ` Witness my hand and official seal. ~ ,~ 1, f ~ t ''; -, ~ `~ ~ ' ~ My commission expires ` 2. v C . ~.~' r,-Q ~~ Notary Publi 3 MEMORANDUM EAGLE COUNTY ENGINEERING TO: Janice Scofield Eagle County Attorney's Office FROM: Justin Hildreth, PEQjfU ~- Project Engineer, Engineering Department DATE: September 27, 2004 RE: PDF-00027, Willow Creek PUD Authorization of a one year extension of the Willow Creek PUD SIA The Eagle County Engineering Department recommends a one year extension of the Willow Creek PUD SIA per the request of the developer. The current SIA expires on September 30, 2004 and would be extended to September 30, 2005. If you have any questions, please contact me at 328-3567 or by Intranet email. # # # cc: Helen Migchelbrink, County Engineer Chrono~File G.VLTSTIN HII.DRETH\docs\Willow Creek SIA Extension.DOC ~~ '.h`: Po`R:. !:RYh+.;. .•Y!^ ._ . -. .'4°. ..~'C -Yii`Ii~.T4"LR.4 •. ~_ • _ . ~~ ; i ; _ ._._ . j ~~_ ti' , ~`I~ ..-v.-_..m i ~•~~. 1 ~?l. q.: ;'7i 1 ~ `~ ~ ~ > i .. ` ;~,( . r. .... ... t - Y _... .. _ .. _ .... _..,.~~.._._ EXHIBIT