HomeMy WebLinkAboutAGREEMENT Wildfire Homes Subdivision First Amendment 2022-01-27TOWN OF ESTES PARK, COLORADO
FIRST AMENDMENT TO IMPROVEMENT AGREEMENT
WILDFIRE HOMES SUBDIVISION
This First Amendment to the Improvement Agreement for the Wildfire Homes Subdivision ("First
Amendment") is made and entered into by and between the TOWN OF ESTES PARK,
COLORADO, a municipal corporation ("Town"), and WILDFIRE HOMES, LLC, a Colorado
limited liability company ("Developer"), for the Wildfire Homes Subdivision (Development).
The Town and Developer previously entered into an Improvement Agreement for the Wildfire
Homes Subdivision on August 6, 2020, recorded in Larimer County at rec. no. 20200060499
("Agreement"). The parties desire to amend the Agreement as provided herein.
Other parties to the Agreement included WESTOVER CONSTRUCTION, INC, a Colorado
corporation; WILDFIRE DEVELOPMENT, LLC, a Colorado limited liability company; RDA
ASSOCIATES, LLC, a Colorado limited liability company; and CROSSROADS MINISTRY OF
ESTES PARK, INC. a Colorado nonprofit corporation. Developer represents and warrants that
these entities have all conveyed their full interest in the Development to the Developer, who is
now the sole owner of the Development. Developer acknowledges that it is obligated to perform
all the promises of the Developer under the Agreement.
AGREEMENT
In consideration of the recitals, payments, covenants, and agreements by the respective parties
hereto, it is mutually agreed as follows:
1. Notwithstanding anything to the contrary in the Agreement, buildings or units in
Sequence 1 of the Development may receive a temporary certificate of occupancy despite the
fact that Construction Acceptance has not yet been granted for Sequence 1, so long as:
a. the building is otherwise eligible for a temporary certificate of occupancy;
b. the only improvements in Sequence 1 that the Town has not determined to
have been constructed in strict compliance with the approved plans, the
Code, and Standards, which present a potential hazard to public safety in the
Town's judgment at the time the temporary certificate of occupancy is
requested, are the drainage ditches, swales, and culverts along the south
side of Wildfire Road; and
c. those drainage ditches, swales, and culverts have been and continue to be
adequately fenced off to protect public safety, in the determination of the
Town, prior to the issuance of any temporary certificate of occupancy.
2. The Developer shall keep the fencing required above in good condition and
repair until the Developer completes the incomplete drainage improvements and the Town
grants Construction Acceptance for Sequence 1.
3. All other provisions of the Agreement shall remain in full force and effect. The
provisions of Section 1.01 and Article Four of the Agreement shall apply equally to this First
Amendment as though fully set forth herein.
EXECUTED AND EFFECTIVE this Lilly of ej , 2022.
TOWN OF ESTES PARK:
Town Administrator
State of C. Lo
County of
)
) ss:
The foregoing instrument was acknowledged before me by
as the Town Administrator of the Town of Estes Park, a Colorado municipal corporation, on
behalf of the corporation, this day of , 2022.
Witness my hand and official Seal.
My Commission expires
JAC0UELYN WILLkNISON
NOT' "Y PLEsLIC
STATE OF COLO:IADO
NOTARY ID 2004403?.190
MY COMMI ION elPIS 11-13-2024
ORIGINATING DEPARTMENTS:
munity Development Dire or
Public Wi k 'rector
APPROVED AS TO FORM:
Town Attorney
1 laS
Date
1--
(
Date
First Amendment to Improvement Agreement -- Page 2 of 3
WILDFIRE HOMES, LLC.
State of arcdb
) ss:
County of LO,_rk_. Oruzr
The foregoing instrument was acknowledged before me by ?\ %C_Vvard PkNu_A-4"
, as a member/partner/manager/limited partner/agent (select one) on behalf of wildfire
Homes, LLC, a Colorado limited liability company, this t9M+kl day of .3-000,-Lx (111
, 2022.
Witness my hand and official Seal.
My Commission expires ce.,b C.)
LESLIE A. CONLEY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184006038
COMMISSION EXPIRES FEB. 05, 2022
Notary Public
First Amendment to Improvement Agreement — Page 3 of 3