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HomeMy WebLinkAboutC22-371 Consent_Fox Hollow PUDDocuSign Envelope ID; 7588A915-4226-418E-AA33-8BaFD316DE29 CONSENT TO ASSIGNMENT AND ASSUMPTION OF PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE FOX HOLLOW PLANNED UNIT DEVELOPMENT WHEREAS, the County of Eagle, State of Colorado (the "County") approved an Amended Planned Unit Development Agreement (the "PUD Agreement") for the Fox Hollow PUD (the "PUD") which was approved as Exhibit B to the Board of County Commissioner Resolution Approving an Amendment of the Fox Hollow PUD (Resolution No. 2018-086), recorded on October 23, 2018 at Reception No. 201818195, in the records of the Eagle County Clerk and Recorder; and WHEREAS, Section 6.3 of the PUD Agreement provides that in the event the Applicant sells, transfers or assigns all or part of the PUD, the obligations of the Applicant under the PUD as to that portion of the PUD may be assumed in writing by the purchaser of the parcel. Section 6.3 of the PUD Agreement further provides that no such assumption of the Applicant's obligations shall be effective unless the County gives its prior written approval to such assumption; and WHEREAS, on or about October 12, 2022, or as such date may be revised by the parties, Applicant conveyed the PUD property to BGV Edwards Properties LLC, a Colorado limited liability company, such property being more specifically described as LOT 2 AND TRACT A-1, THE RESIDENCES AT FOX HOLLOW, ACCORDING TO THE PLAT RECORDED OCTOBER 8, 2020 UNDER RECEPTION NO. 202018066, COUNTY OF EAGLE, STATE OF COLORADO, also known by street address as: 18 & 22 MURRAY ROAD, EDWARDS, CO 81632; and WHEREAS, the County desires to document its consent to the assignment of the PUD Agreement from Applicant to BGV Edwards Properties LLC, as set forth herein. CONSENT Pursuant to Section 6.3 of the PUD Agreement, the County hereby consents to the assignment by Applicant of all of its right, title and interest as Applicant as defined in the PUD Agreement and the assumption thereof, including all obligations of Applicant under the PUD Agreement, by BGV Edwards Properties LLC as set forth in the Assignment and Assumption of Planned Unit Development Agreement between Applicant and BGV Edwards Properties LLC dated on or about October 12, 2022, or as such date may be revised by the parties. Date: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY 11/15/�022 COMMISSIONERS ooeusigned by. By: Jean ueemy Chair ATTEST: docuftned by: i C(�& thy8oard of County Commissioners Eagle County, CO 202217867 Regina O'Brien 11/15/2022 Pgs: 1 01:41:56 PM REC: $0.00 DOC: $0.00