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HomeMy WebLinkAboutC22-093 First Amendment SIA_Frost Creek_PDF-009126-2020UUTA. Ltll Eagle County, CO 202203486 Regina O'Brien 03/01 /2022 Pgs: 3 03:01-01 PM REC: $0.00 DOC: $0.00 FIRST AMENDMENT TO SUBDIVISION AND OFF -SITE IMPROVEMENTS AGREEMENT FOR FINAL PLAT FROST CREEK PUD FILING NO. 5 FROST & SALT CREEK PUD File No, PDF-009126-2020 THIS FIRST AMENDMENT to the Subdivision and Off -Site Improvements Agreement for Final Plat Frost Creek Filing No. 5 Frost and Salt Creek PUD ("First Amendment") is entered on 3/1./2022 , by and between the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "County") and Hunters View JVCO Land, LLC, a Colorado limited liability company (hereinafter "Subdivider"). WITNESSETH WHEREAS, Subdivider and County entered into a Subdivision and Off -Site Improvements Agreement for Final Plat Frost Creek Filing No. 5 Frost and Salt Creek PUD on the I` day of June, 2021 (hereinafter "SIA"); and WHEREAS, Section 1.5 of the SIA, entitled "Date of Completion," provides that "all Subdivision Improvements shall be completed prior to June 2, 2022"; and WHEREAS, Subdivider 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 SIA because Subdivider desires to defer completion of some improvements until the fall of 2022, and this is acceptable to Eagle County Engineering Department; and WHEREAS, Section 4.5 of the SIA provides that the SIA may be amended or modified from time to time, provided that such amendment or modification be in writing and signed by all parties; and WHEREAS, the Subdivider and County desire to amend the SIA to reflect a new Date of Completion of November 15, 2022 for the Subdivision Improvements. AGREEMENT 1. Section 1.5 of the Agreement is hereby amended and replaced to read as follows: L5 pate of Completion. All Subdivision Improvements shall be completed prior to November 15, 2022. The construction schedule is updated as reflected in Exhibit A of this First Amendment, which is attached and incorporated herein. 2. Capitalized terms in this First Amendment will have the same meaning as in the SIA. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the SIA, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. DocuSign Envelope ID. 7172009D-3DED4692-9E57-06292A63B98G 3. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the SIA shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 4. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the SIA the day and year first written above. Attest: DoctuSigned by: (f" 1�u& egina Brien, Clerk to the Board COUNTY: County of Eagle, State Of Colorado, By and Through Its Board of County Commissioners DoeuSigned by: By:"""0"3 'KIMUeeney, Chair SUBDIVIDER: Hunters View JVCO Land, LLC By: PDocuSigned by: AU bAs Authorize Signer Its: Paul Books President of Manager Uocubign IU: /1/lUUEJU-3ULD-4b92-yL5/-UbZ9ZAb3139t3(: EXHIBIT A February 14, 2022 Maryland Creek Ranch Builders, LLC 148 Youngs Preserve Silverthorne, Colorado 80498 RE: Frost Creek - Hunters View Filing 5 Updated Infrastructure Schedule JVA Job Number 2476.15c Dear Mr. Clark: JVA, Incorporated 817 Colorado Avenue Suite 301 Glenwood Springs. Co 81601 970.404 3100 infoCkva3va.com vvvvw.jvajva.Eom Based on our discussions with the development team and the contractor, JVA has updated the infrastructure construction schedule for the remainder of the work to be completed as part of the Frost Creek PUD Filing No 5 SIA. All work under this schedule is to be completed by November 15, 2022. Below is a detailed description of the proposed work. April 2022 — June 2022 Extension and installation of existing services not yet complete for gas and electric services, data and communication, potable and irrigation water service lines will be completed as well as grading of existing drainage swales and installation of drainage culverts. Ongoing maintenance of erosion controls measures will continue. July 2022 -- August 2022 Grading of remaining unconstructed shared driveways and placement of shared driveway prep material will be completed as well as installation of above grade utility boxes and structures. Ongoing maintenance of erosion controls measures will continue. September 2022 — November 2022 Shared driveways will be paved. The secondary fire department access and installation of fire department bollards will be completed. Any punchlist items will be corrected and final site cleanup will be done. Maintenance of erosion control measures will continue until final stabilization has been approved. Feel free to reach out with any questions on this schedule. Sincerely, JVA, IN 'OR RATED By: — - Sp ng, enior Pr anager V. 40 789VY A; BOULDER FORT COLLINS WINTER PARK GLENWOOD SPRINGS DENVER