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HomeMy WebLinkAboutC07-005 Adam's Rib SIA First AmendmentEAGLE COUNTY, CO ��'��$[� 0 TEAK J SIMONTON y Pgs: 3 04=31:07PM 1 f 1 �r'G� REG $0.00 DOC: $ 07 a= FIRST AMENDMENT TO ADA A' S 11R I SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT FOR FROST CREEK AND SALT CREEK PUD FILING NO. 1 File No. PDF -00091 THIS FIRST AMENDMENT to the Subdivision and Off -Site Improvements. Agreement for Frost Creekd Salt Creek PUD Filing No. 1 (hereinafter "Frost Creek. PUD") is entered into this day of 06, by and between the Board of ° County Commissioners of the County Eagle, State of Colorado (hereinafter "County") and Adam's Rib (hereinafter "Subdivider"). WITNESSETH WHEREAS, Adam's Rib (hereinafter "Subdivider") and County entered into a Subdivision and Off -Site Improvements Agreement Subdivision and Off -Site Improvements Agreement on April 4, 2006 (hereinafter "Agreement"); and WHEREAS, Section 1.5 of the Agreement provides that "all Subdivision Improvements shall be completed prior to January 31, 2007"; and WHEREAS, Developer has requested and the Eagle County Engineering Department recommends an 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 may be 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 a new Subdivision Improvements Completion Date of July 30, 2007. AGREEMENT 1. Section 1.5 of the Agreement is hereby amended to read as follows: "1.5 Date of Completion. All Subdivision Improvements shall be completed prior to July 30, 2007." 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: County of Eagle, State of Colorado By and Through its Board of County Commissio s Attest: 1 ;� B Clerk to the Board of Peter F. Runyon, Chairm County Commissioners G:UKS\Agreements\Frost Creek First Amendment.doc SUBDIVIDER: ADAM'S RIB y -.�— Bruce ray, Project ager M MEMORANDUM EAGLE COUNTY ENGINEERING TO: Janice Scofield, County Attorney's Office FROM: Mike Gruber, Engineering Department DATE: December 4, 2006 RE: Extension of Subdivision Improvements Agreement Completion Date, Frost Creek P.U.D., Filing No. 1, Eagle County File No. PDF -00091 Attached is a letter from Adam's Rib, the developer, dated November 21, 2006, requesting an extension of the completion date for the improvements as specified under section 1.5 of the SIA entered into on April 4, 2006. One item, the pavement overlay of Brush Creek Road, is desired to be postponed until the spring of 2007 when conditions are more favorable to achieve the quality of construction necessary to provide a durable road surface. Earlier this fall, both the Road and Bridge Department and the Engineering Department reviewed this possibility with the developer and encourage the postponement. The current date of completion for the SIA is scheduled to be January 31, 2007. Engineering feels the request to extend the date of completion is meritorious for the purpose of installing a successful pavement overlay. I recommend amending the SIA to reflect a completion date of July 30, 2007 as the developer requests. Pc: Greg Schroeder, Acting County Engineer Chrono\File Attachment: Letter from Adam's Rib