HomeMy WebLinkAboutC22-331 Edwards Riverfront Estates SIA_second amendmentSECOND AMENDMENT TO
SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT
FOR THE EDWARDS RIVERFRONT ESTATES FINAL PLAT
File No. PDF-9117
THIS SECOND AMENDMENT to the Subdivision and Off-Site Improvements Agreement for
the Edwards Riverfront Estates Final Plat (hereinafter “Second Amendment”) is entered on
_______________, by and between the Board of County Commissioners of the County of Eagle,
State of Colorado (hereinafter “County”) and Kudel Development LLC, a Colorado limited
liability company, whose mailing address is PO Box 516, Avon, CO 81620 (hereinafter
“Subdivider”).
WITNESSETH
WHEREAS, Subdivider and County entered into a Subdivision and Off-Site
Improvement Agreement for the Edwards Riverfront Estates Final Plat (hereinafter the “Original
Agreement”) on May 18, 2021; and
WHEREAS, Subdivider and County subsequently amended the Original Agreement on
November 9, 2021 through the First Amendment to Subdivision and Off-Site Improvements
Agreement for the Edwards Riverfront Estates Final Plat (hereinafter “First Amendment”); and
WHEREAS, Section 1.5 of the Original Agreement, entitled “Date of Completion,”
provides that “All Subdivision Improvements shall be completed prior to September 30, 2022.
The construction schedule is attached hereto as Exhibit C”; and
WHEREAS, Subdivider has requested and the Eagle County Engineering Department
recommends an extension of the completion date currently set forth in the Original Agreement
and ratified by the First Amendment; and
WHEREAS, Section 4.5 of the Original Agreement provides that the Original Agreement
may be amended or modified from time to time, provided that such amendment or modification
be in writing and signed by all parties hereto; and
WHEREAS, the Subdivider and County desire to amend the Original Agreement and the
First Amendment to reflect a new completion date of May 5, 2023.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as
set forth below, the parties agree as follows:
1. Section 1.5 of the Agreement is hereby amended to read as follows:
