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HomeMy WebLinkAboutC02-219 IGA_Miller Ranch - Berry Creek_amendmentAMENDMENT NO.2 TO THE MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT 1. PARTIES. The parties to this Amendment No. 2 to the Miller Ranch -Berry Creek hitergovernmental Agreement are EAGLE COUNTY, COLORADO (County), acting by and through its BOARD OF COUNTY COMMISSIONERS and EAGLE COUNTY SCHOOL DISTRICT RE-50J (District). 2. RECITALS AND PURPOSE. On April 14, 1999 the County's predecessor in interest, the Eagle County Recreation Authority, and the District entered into that certain Miller Ranch -Berry Creek Intergovernmental Agreement (Agreement). The Agreement was recorded in the records of Eagle County, Colorado, on June 3, 1999 at Reception No. 698432. Subsequently, on September 12, 2001, the County, as the successor in interest to the Eagle County Recreation Authority, and the District entered into that certain Amendment No. 1 to the Miller Ranch -Berry Creek Intergovernmental Agreement (Amendment No. 1). Amendment No. 1 was recorded in the records of Eagle County, Colorado, on October 15, 2001 at Reception No. 769791. Pursuant to the Agreement and Amendment No. 1, the Parties reached certain agreements which further amended the provisions of 17 of the Agreement and 17 of Amendment No. 1, both entitled Acreage, Use and Ownership. Those agreements were reflected in the Final Plat of the Berry Creek/Miller Ranch Planned Unit Development (Final Plat) which was approved by the Parties and which was filed for record in the office of the Clerk and Recorder of Eagle County, Colorado, on June 25, 2002, and which was recorded at Reception No. 799649. The purpose of this Amendment No. 2 is for the Parties to acknowledge and ratify that said Final Plat supersedes any prior agreements between the parties set forth in the Agreement or in Amendment No. 1. Now, therefore, in consideration of the mutual promises contained in this Agreement, the Parties covenant and agree to the terms and conditions set forth in the following paragraph. 3. FINAL PLAT GOVERNS. The Parties acknowledge and agree that the provisions of said Final Plat for the Berry Creek/Miller Ranch Planned Unit Development shall govern over any conflicting provisions set forth in the Agreement or in Amendment No. 1. 4. DATED. August 14, 2002. EAGLE COUNTY SCHOOL DISTRICT RE-50J By /�f114,- resident, Boafd of Education P. O. Box 740 Eagle, Colorado 81631 (970) 328-6321 (970) 328-1024 (Fax) ATTES )YB,: I JJL6�� Secr ary,"_ IIIBIIhV�N'1IP1111111Y� e°"°' STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing Amendment No. 2 was acknowledged before me this L day of August, 2002, by Barbara Schierkolk, as President, and by Carrie M. Tedstrom, as Secretary of the Board of Education of Eagle County School District RE-50J. Witness my hand and official seal. My Commission expires: NOTARY Puwr March22,2000 ATTEST: to the Board of STATE OF COLORADO COUNTY OF EAGLE EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS By e:. ichael Gallagher, C rman 0 _...oc N � ss. The forgoing Amendment No. 2 was acknowledged before me this Mt—lday of August, 2002, by Michael Gallagher, as Chairman of the Eagle County Board of County Commissioners, and by Sara J. Fisher, as the Clerk to the Board of the County Commissioners. Witness my hand and offici 1 eal. My Commission expires: l� Z OC 6— J \\ECSDSER�HOMEtDO GROUPS\FINANCE\LEASESVAILLEFRf A NdAENTZD0C Notary Public pp 7 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 20of 03 29P Sa a J ,she, Eagle. CO 23 R 0.00 D 0.00 Originals to, I. Contract Boo z. �k� �7�`- IDS 3. 4. — Cuks —to.• 1 _ Accounting 2. 3. CjL CD( qN-Q w