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HomeMy WebLinkAboutC13-061 Eagle Ranch Village Fourth Amendment FOURTH AMENDMENT TO CONTRACT T is Fourth Amendment to Contract (this "Fourth Amendment ") is entered into the day of , 2013, by and between EAGLE RANCH VILLAGE, LLC., a Delaware limited liability company ( "Seller ") and EAGLE COUNTY, COLORADO, a Colorado political subdivision ( "Purchaser "). RECITALS: A. Purchase and Seller are parties to that certain Purchase and Sale Agreement dated July 24, 2012, an Amendment thereto effective August 27, 2012 , a Second Amendment thereto effective October 5, 2012 and a Third Amendment thereto effective January 22, 2013 (hereinafter collectively the "Contract "). B. Purchase and Seller desire to amend the provisions of Section 2.3.1.4 of the Contract relating to Purchaser's submittal of applications, as more specifically provided herein. FOURTH AMENDMENT NOW, THEREFORE, the parties agree to the following amendments to the Contract: 1. Terms. Capitalized terms in this Fourth Amendment will have the same meanings as in the Contract. To the extent that the terms and provisions of the Fourth Amendment conflict with, modify or supplement portions of the Contract, the terms and provisions contained in this Fourth Amendment shall govern and control the rights and obligations of the parties. 2. Purchaser Submittals. Paragraph 2.3.1.4 of the Contract shall be amended to read as follows: "Purchaser shall submit applications for all such Approvals within ten (10) business days after notice of Seller's approval when required, but in no event later than the following dates: (a) To the Town of Eagle for approval of the PUD Amendment on or before November 29, 2012; (b) to the Town of Eagle for the Development Plan Approval on or before March 29, 2013; and (c) to the Eagle Ranch Design Review Board for preliminary design review approval on or before March 29, 2013. So long as Seller's approval is required and granted under this Agreement, Seller agrees to `actively support Purchaser's applications for the Approvals through the Town of Eagle and design review processes. Purchaser shall diligently prosecute such applications, but final and binding adoption of the Approvals by the Town shall not occur until Purchaser closes upon the purchase of the Property. Seller shall endeavor to have a representative present at any public hearing at which the Approvals shall be considered by Eagle Ranch Design Review Board, Town of Eagle planning commission or board of trustees." { 3. No Further Modification. urt o fication. Except as expressly provided in this Fourth Amendment, 1 the Contract is in full force and effect and unmodified. 4. Counterparts and Facsimile. This Fourth Amendment may be executed in counterparts which when taken together shall constitute the entire agreement of the parties. This Fourth Amendment may be transmitted by telefax and the parties agree that their signature transmitted by telefax will constitute a duly executed counterpart of the Fourth Amendment. IN WITNESS WHEREOF the parties hereto have executed this Fourth Amendment to be effective as of the date above written. SELLER: I. EAGLE RANCH VILLAGE, LLC, a Delaware limited liability company By: Mataura Corp., a Delaware corporation Its Manager By:( � Willis J: right, President PURCHASER: EAGLE COUNTY, COLORADO By and through its Board of County Commissioners B ..„ la s Jo, r 7°M. 'o{ G1 co .. Teak Simon on, Clerk to the B. "dcORPSP „ter -.