HomeMy WebLinkAboutC04-081 Consent to Assignment and Assumption SIA_CordilleraC�oY el-sa
CONSENT TO ASSIGNMENT AND ASSUMPTION OF
SUBDIVISION IMPROVEMENTS AGREEMENT
Reference is made to the Subdivision and Off -Site Improvements Agreement for
Cordillera Filing No. 33, between Eagle County, Colorado acting by and through its
Board of County Commissioners and Kensington Partners, a Colorado General
Partnership, dated June 18, 2002, recorded June 18, 2002 at Reception No. 799103, Eagle
County Records, as amended by that certain First Amendment to the Subdivision and
Off -Site Improvements Agreement, Cordillera Filing No. 33 dated September 3, 2002,
recorded September 9, 2002 at Reception No. 806559, Eagle County Records
(collectively hereinafter referred to as the "Agreement').
Based upon Section 4.6 of that Agreement, Eagle County consents to the foregoing
assignment by Kensington Partners of all its right, title and interest as "Subdivider" as
defined under the Agreement and the assumption thereof, including all obligations and
liabilities of the "Subdivider" under the Agreement, by the Cordillera Metropolitan
District, a quasi -municipal corporation of the State of Colorado, effective as of February
, K, 2004.
Executed on February �, 2004.
M
Clerk to the Boo
Commissioners
OF
y x
\AC'(OPP9/'
of County
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its BOARD OF COUNTY
COMMISSIONERS
Tom C. Stone, Chairman
�,mJmyion Eagle �ii�1p�.NW,
868927
Page: 1 of 3
02/25/2004 03:28F
D 0.00
ASSIGNMENT AND ASSUMPTION OF
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that Kensington Partners, a Colorado
general partnership, whose legal address is P.O. Box 988, Edwards, CO 81632 ("Assignor"), in
consideration of One Dollar and other good and valuable consideration paid to it by Cordillera
Metropolitan District, a quasi- municipal corporation and political subdivision of the State of
Colorado ("Assignee"), the owner of the certain real property described as Lots 1 and 2,
Cordillera Subdivision Filing No. 33, Eagle County, Colorado (the "Property") does hereby
assign, transfer, and set over to Assignee, its successors, legal representatives and assigns, all of
Assignor's right, title and interest in and under that certain Subdivision and Off -Site
Improvements Agreement, Cordillera Filing No. 33 dated June 18, 2002, recorded June 18, 2002
at Reception No. 799103, Eagle County Records, as amended by that certain First Amendment to
the Subdivision and Off -Site Improvements Agreement, Cordillera Filing No. 33 dated
September 3, 2002, recorded September 9, 2002 at Reception No. 806559, Eagle County
Records (collectively, the "Agreement").
Assignee hereby assumes as of the date hereof all of the obligations of Assignor under
the Agreement, including, without limitation, the obligation to either complete all work required
of "Subdivider" under the Agreement or to amend the Agreement to modify the work required
thereunder. Assignor warrants that Assignor has good right and title to the Agreement and the
right and power to assign the same.
This instrument may be executed in counterparts.
IN WITNESS WHEREOF, Assignor and Assignee have hereunto set their hands this
day of February, 2004.
KENSIGNTON PARTNERS, a Colorado general
partnership
JLP Realty Corp., its managin ner
By
id A. Hill, resid nt
CORDILLERA METROPOLITAN DISTRICT,
a quasi -municipal corporation and political
subdivision of the State of Colorado
iINIIVI'lllll'YIpnI111�II�W' a=°s? ..
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STATE OF COLORADO ) I IIIIII IIIII IIIIIII IIII IIIII III IIIIIIII I II II III III 868927
) ss 02/25/2004 03:28P
COUNTY OF EAGLE ) Teak J Simonton Eagle co 110 R 0.00 D 0.00
The foregoing was acknowledged before me this / �2 day of February, 2004, by David
A. Hill, the President of JLP Realty Corp., managing partner of Kensington Partners, a Colorado
general partnership, on behalf of the partnership.
WITNESS my hand and official seal.
My commission expires G` -3 9 - 0 L O.
Notary Public
STATE OF COLORADO )
) ss
COUNTY OF EAGLE )
fpr going was acknow,lgbefore me his �a day of February, 2004, by
41aa_- ordillera Metropolitan District, a
quasi-t'icipal corporation and a political subdivision of the State of Colorado, on behalf of the
District.
WITNESS my hand and official seal. o
My commission expires
46964
Notary Public
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CONSENT TO ASSIGNMENT AND ASSUMPTION OF
SUBDIVISION IMPROVEMENTS AGREEMENT
Reference is made to the Subdivision and Off -Site Improvements Agreement for
Cordillera Filing No. 33, between Eagle County, Colorado acting by and through its
Board of County Commissioners and Kensington Partners, a Colorado General
Partnership, dated June 18, 2002, recorded June 18, 2002 at Reception No. 799103, Eagle
County Records, as amended by that certain First Amendment to the Subdivision and
Off -Site Improvements Agreement, Cordillera Filing No. 33 dated September 3, 2002,
recorded September 9, 2002 at Reception No. 806559, Eagle County Records
(collectively hereinafter referred to as the "Agreement").
Based upon Section 4.6 of that Agreement, Eagle County consents to the foregoing
assignment by Kensington Partners of all its right, title and interest as "Subdivider" as
defined under the Agreement and the assumption thereof, including all obligations and
liabilities of the "Subdivider" under the Agreement, by the Cordillera Metropolitan
District, a quasi -municipal corporation of the State of Colorado, effective as of February
� , 2004.
Executed on February X 2004.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its BOARD OF COUNTY
COMMISSIONERS
ATTEST:
coaw° Y:
Tom C. Stone, Chairman
Clerk to the Board of County
Commissioners
ASSIGNMENT AND ASSUMPTION OF
SUBDIVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that Kensington Partners, a Colorado
general partnership, whose legal address is P.O. Box 988, Edwards, CO 81632 ("Assignor"), in
consideration of One Dollar and other good and valuable consideration paid to it by Cordillera
Metropolitan District, a quasi- municipal corporation and political subdivision of the State of
Colorado ("Assignee"), the owner of the certain real property described as Lots 1 and 2,
Cordillera Subdivision Filing No. 33, Eagle County, Colorado (the "Property") does hereby
assign, transfer, and set over to Assignee, its successors, legal representatives and assigns, all of
Assignor's right, title and interest in ,and under that certain Subdivision and Off -Site
Improvements Agreement, Cordillera Filing No. 33 dated June 18, 2002, recorded June 18, 2002
at Reception No. 799103, Eagle County Records, as amended by that certain First Amendment to
the Subdivision and Off -Site Improvements Agreement, Cordillera Filing No. 33 dated
September 3, 2002, recorded September 9, 2002 at Reception No. 806559, Eagle County
Records (collectively, the "Agreement").
Assignee hereby assumes as of the date hereof all of the obligations of Assignor under
the Agreement, including, without limitation, the obligation to either complete all work required
of "Subdivider" under the Agreement or to amend the Agreement to modify the work required
thereunder. Assignor warrants that Assignor has good right and title to the Agreement and the
right and power to assign the same.
This instrument may be executed in counterparts.
IN WITNESS WHEREOF, Assignor and Assignee have hereunto set their hands this
day of February, 2004.
KENSIGNTON PARTNERS, a Colorado general
partnership
JLP Realty Corp., its managin er
By
id A. Hill, fresid6nt
CORDILLERA METROPOLITAN DISTRICT,
a quasi -municipal corporation and political
subdivision of the State of Colorado
'"Ep� �Qwd
A
STATE OF COLORADO )
) ss
COUNTY OF EAGLE }
The foregoing was acknowledged before me this a2 day of February, 2004, by David
A. Hill, the President of JLP Realty Corp., managing partner of Kensington Partners, a Colorado
general partnership, on behalf of the partnership.
WITNESS my hand and official seal.
My commission expires' t - G CO.
Notary Public
STATE OF COLORADO )
) ss
COUNTY OF EAGLE )
�#1.96pTgq�;��
N�y•••aV BL�G'
of coo
going was acknowizaged before me •s /02 day of February, 2004, by
e , the ordillera Metropolitan District, a
quasi- 'cipal corporation and a political subdivision of the State of Colorado, on behalf of the
District.
WITNESS my hand and official seal.
My commission expires � Q-
46964
Notary Public
2
