HomeMy WebLinkAboutR83-058 - Assumption of SIA for Arrowhead2 EtWK .3 'L,GE �� s RESOLUTION OF THE AUG IS 11 20 AM, '83 BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 83 -58 ASSUMPTION OF SUBDIVISION IMPROVEMENTS AGREEMENT - ARROWHEAD AT VAIL, COUNTY OF EAGLE, STATE OF COLORADO WHEREAS, James A Krentler and Jack L. Mankamyer, as subdivider of Arrowhead at Vail, generally located in Sections 3, 9, 10, 11, 14, 15 and 22, Township 5 South, Range 82 West of the Sixth P.M., County of Eagle, State of Colorado, hereinafter referred to as the "Subdivision," and the Eagle County Board of County Commissioners, hereinafter referred to as -- -the "County," did on March 28, 1977, enter into a Subdivision Improvements Agreement, hereinafter referred to as the "Subdivision Improvements Agreement," for the purpose of guaranteeing the construction of certain subdivision improvements within the Subdivision; said Subdivision Improvements Agreement being set forth at length in Book 253 at Page 645 of the real property records of the County of Eagle, State of Colorado; and WHEREAS, subsequent to the execution of the Subdivision Improvements Agreement, James A. Krentler and Jack L. Mankamyer sold or transferred all or-a major portion of the Subdivision to Arrowhead at Vail, a Colorado joint venture, hereinafter referred to as the "Subdivider;" and WHEREAS, the Subdivider desires to fully assume the. obligations of James A. Krentler and Jack L. Mankamyer under the Subdivision Improvements Agreement, as evidenced by the Subdivider's written acknowledgement set forth hereinbelow; and WHEREAS, the County, having investigated the financial condition of the Subdivider, is agreeable to the aforementioned assumption of obligations. NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, pursuant to Paragraph 8 of the Subdivision Improvements Agreement, the County hereby agrees and consents to the Subdivider assuming in full the obligations, responsibilities and liabilities of James A. Krentler and Jack L. Mankamyer as set forth in the Subdivision Improvements Agreement. THAT, upon the execution of this Resolution by the County, and the execution of the Acknowledgement set forth hereinbelow by the Subdivider, James A. Krentler and Jack L. Mankamyer shall be released from any and all further obligations under the Subdivision Improvements Agreement. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its " fig 1' meeting held the %S J day of August, 1983. COUNTY OF EAGLE, STATE OF COLORADO +" By and Through its ,I`TEST: BOARD OF COU Y COMMISSIONERS F ,! B Aerrk B �C� � of t Board of y� David E. Mott, Chairman County Commissioners A a S-e xT"r- W. Keith Troxel, Commissioner _ A Dan Williams,— Commissioner ACKNOWLEDGEMENT Arrowhead at Vail, a Colorado joint venture, hereby acknowledges, represents, covenants and agrees that it has fully -2- . it ' Nr assumed, and by its duly authorized signature hereinbelow, will fully assume the obligations, responsibilities, and liabilities of James A. Krentler and Jack L. Mankamyer pursuant to that certain Subdivision Improvements Agreement dated March 28, 1977, and recorded in Book 253 at Page 645 of the real property records of the County of Eagle, State of Colorado, the same as if ` had executed, in the first instance, the said Subdivision Improvements Agreement. Further, Arrowhead at Vail agrees to be bound by the terms and conditions of the said Subdivision Improvements Agreement, and any and all future amendments thereto executed by the County and Arrowhead at Vail. ARROWHEAD AT VAIL, a joint venture By: ARROWHEAD, LTD., a Colorado limited partnership, joint venturer L BY: Willi J. Wright, Jr., General Partner By: /Zzt' /IZ �L Willi J. Wri h , Jr., as Attorney -In -Fact for Realm Resorts, Ltd., a limited partnership, joint venturer STATE OF COLORADO ) )ss: COUNTY OF EAGLE ) The foregoing Acknowledgement was acknowledged before me this //� l- day of ��t�, rt. - 1983 by Willis J. Wright, Jr. , as General Partner of ArL_owhead, Ltd., a limited partnership as joint venturer of Arrowhead at Vail, a joint venturer, and as Attorney -In -Fact for Realm Resorts, Ltd., a limited partnership as joint venturer of Arrowhead at Vail, a joint venture. WITNESS my hand and official seal. My commission x ires: '�o� PRY. FUB�/" JULIE A. � � �,a -�.•r� -J = Not y Public CORCORAN 'p% % o Address:��• 1�TCl3 _ OF -3-