No preview available
HomeMy WebLinkAboutC99-089 Homestead Subdivision Filing 3 SIA_third amendmentTHIRD AMENDMENT TO SUBDIVISION and OFF -SITE IMPROVEMENTS AGREEMENT FOR HOMESTEAD SUBDIVISION, FILING 3 THIS Amendment is made and entered into this 2 % day of _ L L , 1999, by and between Remonov & Company, Inc., a Colorado corporation (h einafter "Subdivider") and the County of Eagle, State of Colorado, By and Through Its Board of County Commissioners (hereinafter "County"). RECITALS Pursuant to 2.19.01 3) c) of the Eagle County Land Use Regulations and C.R.S. §30-28- 137, the County entered into a Subdivision Improvements Agreement dated December 5, 1994, which was amended twice, on November 25, 1997, and on July 27, 1998, respectively ("hereinafter, "Agreement"). The Agreement as previously amended required the Subdivider to construct certain drainage improvements, specifically a twin box culvert under Hwy 6 and wingwalls. Subdivider submitted a new drainage study to County demonstrating that those improvements are not required by the development of Homestead Filing 3. � AO By this Amendment the parties desire to delete the requirement of installing these ia improvements from the Agreement. o TERMS AND CONDITIONS - ap . `-t z Therefore, for valuable consideration, including the mutual promises set forth below and in the Agreement, and based upon the facts and circumstances set forth above, the parties agree: ca �W4 1. The Agreement is hereby amended in the following particulars only: Paragraph 1.2, "Scope of Work" is amended to delete therefrom the N r, twin box culvert and wingwalls; and �Rr O "Estimated Costs of Subdivision Improvements," to 0.4 Paragraph 1.6, the Agreement is amended to change the estimated cost to $709660.00. Paragraph 2.1, "Collateral," is amended to reduce the amount collateraliz d to $70,660.00; and GAKAW\C-DEVIH0MESTD3.00L Fite No. 84=185 v Exhibit A, Drainage, is amended to delete therefrom the Twin Box Culverts and Wing Walls; and Exhibit B, is amended to delete therefrom the Twin Box Culvert and Wing Walls. 2. All other terms and conditions of the Agreement as previously amended which are not hereby expressly amended shall remain in full force and effect. WHEREFORE, the parties have executed this agreement effective as of the date first written above. of Ew<:t£ COUNTY OF EAGLE STATE OF COLORADO, By and Through Its BOARD OF COUNTY ATTEST: ',;1 * COMMISSIONERS 'ton Aou By: By: j c Clerk to the BoarE of �JoPhillips, County Commissioners Chairman SUBDIVIDER: REMONOV & COMPANY, INC. En IIIIII IIIII 694327 IIIIIII III'llll IIIIIII 04/29/1999 04:48P 89 IIIII Sara III IIIII IN III Fisher 2 of 3 R 0.00 D 0.00 N 0.00 Eagle CO Print Title: GAKAW1C-DEV\H0MESTD3.00L File No. 84-185 1 STATE OF COLORADO ) SS County of EcN612� ) The foregoing was acknowledged before me this dayof 1999 by � aIGrO i�\ • V�I UP— tIeAc as I �� �Kf and as of Remonov and Company, Inc., a Colorado corporation. WITNESS my hand and official seal. My commission expires Notary Public >� I �... I IIIIII IIIII IIIIIII III IIIII IIIIIII IIIII III IIIII IIII IIII 1194327 04/29/1999 04:48P 89 Sara Fisher 3 of 3 R 0.00 D 0.00 N 0.00 Eagle CO #84-185: kaw\c-dev\homestd3.col 3 GAKAWIC-DEVV10MESTD3.001, -3- File No. 84-185 �� . � f J �.. •ice .. V� DISTRIBUTION O___ da l : Contract Byplc ., 2 �5 3. 4.��` 25 , Conies to: 1- Ar ccounling�' 2. 3 � - 4.