HomeMy WebLinkAboutC97-219 Northstar Center SIAC'97 2Z � 94h I" AMENDMENT TO SUBDIVISION and OFF-SITE IMPROVEMENTS AGREEMENT FOR NORTHSTAR CENTER THIS Amendment made and entered into this 14 � day of 6 1997 by and between Edwards Interchange Limited Partnership, a Colorado limited panne hip (hereinafter "Subdi- vider") and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "County"). WHEREAS, pursuant to C.R.S. 30-28-137, the Board of County Commissioners of the County of Eagle, State of Colorado entered into a Subdivision Improvements Agreement dated February 20, 1996, recorded in Book 688 at Page 397 in the records of the Eagle County Clerk and Recorder, as a condition of final plat approval for the Northstar Center; and WHEREAS, the Cost Estimate (Exhibit A to the Subdivision Improvements Agreement) item number 51 required the Subdivider to perform a highway bore, however, once construction of the public improvements began, it was discovered that the highway bore would not be required as the utilities were already on site; and WHEREAS, Subdivider therefore requests that item number 51 in the amount of $36,855.00 be omitted from the Cost Estimate (Exhibit A), thereby reducing Subdivider's \ collateral obligation to $189,541.70. WHEREAS, based thereon the'County agrees to omit item number 51 from the Cost Estimate for the Subdivision Improvements Agreement for Northstar Center. NOW, THEREFORE, Paragraph 2.1 is hereby amended to provide that the total amount of collateral as security for the performance by the Subdivider of its obligations under the Subdivision Improvements Agreement is in the amount of $189,541.70. THAT, all covenants and conditions of the Subdivision Improvements Agreement which are not hereby expressly amended shall remain in full force and effect. THAT, the parties agree that this Amendment does not in any way abrogate the rights of the County in enforcing the Subdivider's performance of his outstanding obligations under the Agreement as amended. 111111111111111111111111111111111111111111111111111 IN 630391 08/12/1997 06:16P 8734 P435 1 of 2 R 0.00 0 0.00 Sara J Fisher, Eagle, CO IN WITNESS WHEREOF, the parties hereto have signed this document the year and date first set forth above. AT Lin County Commissioners STATE OF COLORADO ) f"f-k- COUNTY )ss. County of OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY CONMESSIONERS / Johnnette Phillips, wr. SUBDIVIDER: EDWARDS INTERCHANGE LIMITED PART FRSHIP a Coloradwfi-r ii d nartnershin Charles W. Cole, Managing Address for giving notice: c/o Cole Aspen Corporation 210 -PP AABC Aspen, Colorado 81611 The foregoing was acknowledged before me this 92 A)D day of 1997, by Charles W. Cole. WITNESS my hand and official seal. My commission expires Qa--ya - OG Notary Public File No. 96-36 1111111111111111111111111111111111 IIIII III 111111111 III 630391 08/12/1997 06:16P 8734 P435 2 of 2 R 0.00 D 0.00 Sara J Fisher, Eagle, CO