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HomeMy WebLinkAboutClear Creek Terrace 1st Amendment,M 2020072502 6/24/2020 2:54 PM PGS 4 $28.00 DF $0.00 Electronically Recorded Jefferson County, CO George P Stem, Clerk and Recorder TD1000 N FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT THIS FIRST AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT is made this !?$'""' of Ongox , 2020 by and between the CITY OF WHEAT RIDGE, COLORADO, a home rue municipal corporation (the "City"), and CLEAR CREEK TERRACE, LLC, a Colorado limited liability company (the "Developer"), together referred to as the "Parties." RECITALS: A. On July 8, 2019, the City Council of the City of Wheat Ridge, after holding all required public hearings, approved the final plat for the Property titled Clear Creek Terrace Subdivision (the "Final Plat"), and in connection therewith, approved a Subdivision Improvement Agreement ("Agreement') which was filed for record with the Jefferson County Clerk and Recorder's Office on September 13, 2019, at Reception No. 2019083850. B. The Parties wish to amend the Agreement to provide the option for an escrow payment in lieu of a letter of credit as the performance guarantee for the public improvements required by the Agreement. NOW, therefore, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which are mutually acknowledged, the Parties agree as follows: 1. Aareement Amended. Paragraph 15 of the Agreement, which paragraph requires a letter of credit as the Performance Guarantee for construction of the Public Improvements required by the Agreement, is amended by the addition of an additional sub -paragraph to read as follows: Alternative Option for Performance Guarantee. In lieu of the requirement of this Paragraph 15 for a letter of credit as the Performance Guarantee in the amount of one hundred twenty-five percent (125%) of the estimated costs of the Public Improvements to be constructed and installed as set forth in Exhibit D, the Developer may instead provide immediately available funds in that amount, in the form of cash or a certified check, which when successfully negotiated such as to render the funds fully available to the City, shall satisfy and replace the requirement for a letter of credit. On or before June 15, 2020, the Developer may choose to provide the required Performance Guarantee in the form of an irrevocable letter of credit in the same amount, as set forth in this Paragraph 15 and in which the City is designated as beneficiary. In the event the Developer chooses to replace the cash payment with such a letter of credit, on or before June 15, 2020, the City shall return the cash payment to the Developer and the letter of credit Performance Guarantee will then be governed by the terms of Paragraph 15. If an irrevocable letter of credit is not received by the City from the Developer on or before June 15, 2020, the cash payment described by this First Amendment shall be retained in full until all Public Improvements are completed and accepted as described in Exhibit D. 2. Recording. This First Amendment shall be recorded in the real estate records of Jefferson County, Colorado and shall be a covenant running with the Property in order to put prospective purchasers or other interested parties on notice as to the terms and provisions hereof. WHEREFORE, the Parties hereto have executed this First Amendment to Agreement on the day and year first above written. [Remainder of Page Intentionally Left Blank] 2 CITY OF WHEAT RIDGE, COLORADO By: Vy�;��/�► Bud Starker, Mayor ATTEST: n Kirkpatrick, City Clerk APP O AS F Gerald Dahl, City At orney Developer: CLEAR CREEK TERRACE, LLC, a Colorado limited liability company By: — Na Title: STATE OF COLORADO SS. COUNTY OF 19kgWHDf ) The foregoing instrument was acknowledged before me this qyl' day of 2020, by GU11L1tW1 S•��S JXJ , as /i gq—1 f*� of Clear Creek Terrace, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: DANA C&NIGLIA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074023643 MY COMMISSION EXPIAE5 JUNE i8, 2023 (SEAL) Notary Public