HomeMy WebLinkAboutC07-020 Village Walk_first amendment to Public Improvementsrmot_rl.SIM T "
TEAK J SIMONTON
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FIRST AMENDMENT TO
PUBLIC IMPROVEMENTS AGREEMENT
FOR
VILLAGE WALK PROJECT
AND ASSOCIATED BUILDING PERMITS
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�I 01/23/2007 S11SIII O7
THIS FIRST AMENDMENT to the Public Improvements Agreement for
Village Walk Project and Associated Building Permits is entered into this ;91:�,, day of
January, 2007, by and between the Board of County Commissioners of the County of
Eagle, State of Colorado (hereinafter "County") and Village Walk, LLC, a Delaware
Limited Liability Company (hereinafter "Developer").
WITNESSETH
WHEREAS, Developer and County entered into a Public Improvements
Agreement for Village Walk Project and Associated Building Permits on August 23,
2005 as a condition of approval of the Village Walk Project and Associated Building
Permits (hereinafter "Agreement"); and
WHEREAS, Section 1.5 of the Agreement provided that the date of completion
of the public improvements shall be completed prior to February 1, 2007; and
WHEREAS, the County and Developer desire to amend the Agreement to reflect
a revised completion date (see Exhibit "A" attached hereto); and
AGREEMENT
1. Section 1.5 of the Agreement is hereby amended to read as follows:
Date of Completion. All Public Improvements required under the Village Walk
Project and Associated Building Permits shall be completed by February 1, 2008.
2. All other terms and conditions of the Public Improvements Agreement
for Village Walk Project and Associated Building Permits 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.
ATTEST:
Teak J. Simontona
Clerk to the Board of
County Commissioners
State of Colorado )
) ss:
County of Eagle )
COUNTY:
COUNTY OF EAGLE, STATE OF
COLORADO BY AND THROUGH ITS
BOARD OF COUNTY COMMISSIONERS
By: d",
Chairman P&> •T -e -
Gairo- IIa R 51ne-r
DEVELOPER:
VILLAGE WALK, LLC.
a Delaware Limited Liability Company
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By: , ;� C.�'� Com.
Sharon L. Cole, Vice President
Address for giving notice:
P.O. Box 2-7-W 170 1
Avon, CO 81620
The foregoing was acknowledged before me this day
2007 by Sharon L. Cole as Vice President of Village Walk, LLC.
Witness my hand and official seal.
My commission expires:
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MEMORANDUM
EAGLE COUNTY ENGINEERING
TO: Janice Scofield, County Attorney's Office
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FROM: Mike Gruber, Engineering Department XI/ X�
DATE: January 12, 2007
RE: Extension of Public Improvements Agreement Completion Date, Village Walk
Project and Associated Building Permits, Beaver Creek, Colorado
Attached is a letter from Sharon Cole, Vice President, East West Partners, the developer, dated
December 29, 2006, requesting an extension of the completion date for the improvements as
specified under section 1.5 of the PIA entered into on August 23, 2005. Because of conditions
involving the ski season and related activities at the resort, it is desired that the PIA be extended
for an additional year to allow for proper completion of all Public Improvements.
The current date of completion for the PIA is February 1, 2007. Engineering feels the request to
extend the date of completion is reasonable. I recommend amending the PIA to reflect a
completion date of February 1, 2008 as the developer requests.
# # #
Pc: Greg Schroeder, Acting County Engineer
Chrono\File
Attachment: Letter from East West Partners
December 29, 2006
Greg Schroeder
Eagle County Engineering
P.O. Box 850
Eagle, CO 81631
Re: Village Walk Public Improvements Agreement — Extension & Collateral Release
Dear Greg:
Pursuant to the recent inspection and findings from Mike Gruber in your department, I
would like to request a reduction of collateral in the amount of $294,429.03 from the
$543,216.91 as established by Consent No. 2006-09. This will leave a balance of
$248,787.88 collateral remaining for completion of items under the terms of the
agreement.
In addition, the Date of Completion of all Public Improvements is currently February 1,
2007. With the onset of ski season and the restrictions of the winter weather and ski
operations, we would like to request an extension of this date to February 1, 2008. We
will have our Letter of Credit that is the collateral for this Public Improvements
Agreement extended to this date upon your approval.
Please let me know if I can answer any additional questions and if you need additional
documentation on the Village Walk project in Beaver Creek. I look forward to hearing
from you.
Sincerely,
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Sharon L. Cole
Vice President
P.O. Box 2770
Avon, CO 81620
scolea,ewpartners. com
(970) 748-7563
