HomeMy WebLinkAboutC97-219 Northstar Center SIAC'97 2Z � 94h
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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