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HomeMy WebLinkAboutC02-246 Cordillera Filing 33 File No PDF-00070 SIA AmendmentFIRST AMENDMENT TO THE SUBDIVISION AND OFF -SITE IMPROVEMENTS AGREEMENT CORDILLERA, FILING 33 File No. PDF-00070 d THIS AGREEMENT ("Agreement") made and entered into this ,� y of e+4 -qi 002, by and between Kensington Partners, a Colorado General Partnership (hereinafter "Subdivider") and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "County). WHEREAS, pursuant to C.R.S. 30-28-137, the Board of County Commissioners of the County of Eagle, State of Colorado ("County") entered into a Subdivision and Off -Site Improvements Agreement ("SIA") dated June 18, 2002 ("Subdivider") as a condition of final plat approval for Cordillera Subdivision, Filing 33; and WHEREAS, the Subdivision Improvements Agreement at Section 2.1 Collateral provided that the Subdivider would provide collateral in the amount of $516,326.27 in a form acceptable to the County prior to signing the Final Plat. WHEREAS, the Subdivider wishes to amend the Subdivision Improvements Agreement and recognize a plat restriction as security for these improvements; WHEREAS, Section 2.1 Collateral of the Subdivision Improvements is amended to read as follows: Plat Note: No lots within Cordillera, Filing No. 33 shall be sold, transferred or otherwise conveyed - nor shall any building permit be issued by Eagle County for these lots - until all of the improvements required under the Subdivision Improve- ments Agreement recorded at Reception No. 799103, are either (a) in place and approved by Eagle County, or (b) collateralized in the form as described in the Subdivision Improvements Agreement and Land Use Regulations and acceptable to Eagle County to secure the performance of the obligations as described in the Agreement. This Plat Note shall only be released in accordance with the procedures set forth in Eagle County Resolution No. 95-35. Any documentation denoting the release of the Plat Note shall be recorded in the Eagle County Clerk and Recorder's Office. NOW THEREFORE, in consideration of the promises and covenants and agreements contained in the Subdivision Improvements Agreement, the parties agree as follows: THAT, Section 2.1 of the Subdivision Improvements Agreement shall be amended to !illli�I,�IYi�UIYVV�!IW'Nm„°°°,"„ r, read as referenced above; and ti/ THAT, all covenants and conditions of the SIA which are not hereby expressly amended shall remain in full force and effect. THAT, this First Amendment to the Subdivision Improvements Agreement, shall be recorded in the records of the Eagle County Clerk and Recorder. WITNESS WHEREOF, the parties hereto have executed this Agreement this�40(-- day of, 2002. COUNTY OF EAGLE, STATE OF COLORADO By and Through Its ATTE �j�G� BOARD OF C ONMESST NERS awpo By: Clerk to the Boar of County Michael L. Gallaghe hairman Commissioners SUBDIVIDER: KENSINGTON PARTNERS, a Colorado General Partnership By: cJ STATE OF COLORADO ) ss: COUNTY OF EAGLE ) d o03 The foregoing was acknowledged before me A day of 2G by Gerald E. Emit WITNESS my hand and official seal. My commission expires la-a3- a005 G:\jks\miscellaneous\Amend to Cordillera 33.wpd IIIWIII�VIIIIIII'Iflllli',I@illy' 806555 Page: 2 of 2 09/09/2002 04 D 0.00 38P DISTRIBUTION Originals to: 1. ntract look 3.4s-. 'c I. 4.ccomldng 1