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TC Res. No. 1991-33TOWN OF AVON RESOLUTION NO. 91 - 33 SERIES OF 1991 A RESOLUTION EXTENDING THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR WILDRIDGE ACRES SUBDIVISION WHEREAS, the Subdivider and Town of Avon entered into a binding Subdivider Agreement, dated November 7, 1990, for the development of Wildridge Acres, a resubdivision of Lots 13, 14, and 15, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, Colorado; and WHEREAS, the Subdivider has not substantially completed the required improvements within the time frame set by the original agreement; and WHEREAS, the Subdivider has requested additional time to complete the public improvements. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon, Colorado: 1. The Subdivision Improvements Agreement for Wildridge Acres be extended to June 1, 1992, in accordance with the Extension Subdivider Agreement, Wildridge Acres, attached as Exhibit "A". PASSED AND ADOPTED, at a regular meeting of the Town Council on this 10th day of December , 1991. TOWN OF AVON TOWN COUNCIL Jer y Dav s, Mayor ATTEST: Patty Ne art, Town Clerk EXTENSION SUBDIVIDER AGREEMENT WILDRIDGE ACRES THIS EXTENSION, made this day of November, 1991, by and between Robert A. Kedrowski an Bar ara J. Kedrowski d/b/a KED Development, a sole proprietorship (as "Subdivider"), and the Town of Avon, Eagle County, State of Colorado, a municipal corporation, by and through its Town Council (as "Town") WITNESSETH: WHEREAS, the Subdivider and Town entered into a binding Subdivider Agreement, dated November 7, 1990, for the development of Wildridge Acres, a resubdivision of Lot 13, 14, and 15, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, State of Colorado; WHEREAS, as part of such Agreement, the Subdivider agreed to substantially complete certain public improvements; WHEREAS, the Agreement requires substantial completion of the public improvements on or before December 1, 1991; WHEREAS, the Subdivider has requested additional time to complete the public improvements. NOW, THEREFORE, in consideration of the following mutual covenants, conditions and promises, the Subdivider and Town agree as follows: 1. The Subdivider shall continue to use its best efforts to diligently complete all public improvements as provided in the Subdivider Agreement. 2. The Subdivider agrees to reasonably maintain the roadways at its sole expense, in particular, Ked Spur and Shepard Ridge, until such time as the Town agrees to accept such roadways in accordance with the executed Subdivider Agreement, and thereafter, operate and maintain the same. Maintenance shall be sufficient to provide reasonable access for residents to their respective homes and parking areas. Maintenance will include snow removal. 3. The deadline for substantial completion of the public improvements shall be extended to June 1, 1992. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ATTEST: TOWN OF AVON STATE OF COLORADO By: By: Town C erk Mayor KED DEVELOPMENT Robert A. K "rowski Barbara J. Kedrowski STATE OF COLORADO ) ss. COUNTY OF EAGLE ) .Subscribed and sworn to before me this day of November, 1991 by as Town Clerk and as Mayor of the Town of Avon, State o Colorado. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed and sworn November, 1991 by Robert A. Witness my hand and'of my commission expires: (SEAL) to before me this day of `Kedrowski. ficial seal. Notary Public 2 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me this day of November, 1991 by Barbara J. Kedrowski. Witness my hand and official seal. My commission expires: (SEAL) Notary Public /kedext 3 EXTENSION SUBDIVIDER AGREEMENT WILDRIDGE ACRES f- THIS EXTENSION, made this day of November, 1991, by and between Robert A. Kedrowski and Bar ara J. Kedrowski d/b/a KED Development, a sole proprietorship (as "Subdivider"), and the Town of Avon, Eagle County, State of Colorado, a municipal corporation, by and through its Town Council (as "Town") WITNESSETH: WHEREAS, the Subdivider and Town entered into a binding Subdivider Agreement, dated November 7, 1990, for the development of Wildridge Acres, a resubdivision of Lot 13, 14, and 15, Block 2, Wildridge Subdivision, Town of Avon, Eagle County, State of Colorado; WHEREAS, as part of such Agreement, the Subdivider agreed to substantially complete certain public improvements; WHEREAS, the Agreement requires substantial completion of the public improvements on or before December 1, 1991; WHEREAS, the Subdivider has requested additional time to complete the public improvements. NOW, THEREFORE, in consideration of the following mutual covenants, conditions and promises, the Subdivider and Town agree as follows: 1. The Subdivider shall continue to use its best efforts to diligently complete all public improvements as provided in the Subdivider Agreement. 2. The Subdivider agrees to reasonably maintain the roadways at its sole expense, in particular, Ked Spur and Shepard Ridge, until such time as the Town agrees to accept such roadways in accordance with the executed Subdivider Agreement, and thereafter, operate and maintain the same. Maintenance will include snow removal. 3. The deadline for substantial completion of the public improvements shall be extended to May 1, 1992. 1 0 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ATTEST: TOWN OF AVON STATE OF COLORADO By: By: Town Clerk Mayor RED DEVELOPMENT STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) obert A. Redrowsk.i Barbara J R rows i Subscribed and sworn to before me this day of November, 1991 by as Town Clerk and as Mayor of the Town of Avon, State of Colorado. Witness my hand and official seal. My commission expires: (SEAL) STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Notary Public Subscribed and sworn to before me this day of November, 1991 by Robert A. Redrowski. Witness my hand and official r"~ C commission expires: seal. My Commission expires February 1, 1994 (SEAL Notary Public I STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me this November, 1991 by Barbara J. Redrowski. /,4 ~A-- Witness my hand and official seal. My commission expires: My Commission expires February 1, 1994 day of Notary Public /kedext 3