Laserfiche WebLink
Subdivider agrees that all Regional Improvements required under the. Regional <br /> improvement Plan shall be completed by Subdivider and receive Construction <br /> Acceptance from the City by the Phase 1 completion date(as described on Exhibit <br /> B) and prior to issuance of any certificates of occupancy for Phase 1, Phase 2 or <br /> Phase 3, and any issuance of any building permits (other than as provided in. <br /> Section 1:11(b)), or notices to proceed for any development with Phase 3; <br /> provided, however,that the City in its discretion may issue not more than two (2) <br /> fourteen (14) certificates of occupancy within Block s 1, 6, 15, and 16 prior to, <br /> Phase 1 Construction Acceptance. <br /> 7. Capitalized Terms. Unless otherwise defined herein, capitalized terms used in <br /> this Second Amendment shall have the same meaning as capitalized terms defined in the <br /> Subdivision Agreement. <br /> 8. Conflict. As used herein, and in the Subdivision Agreement, the term <br /> "Subdivision Agreement'. shall mean the original Subdivision Agreement, as amended by the <br /> First Amendment and this Second Amendment. Except as specifically changed by the First <br /> Amendment and this Second Amendment, the terms and provisions of the Subdivision <br /> Agreement shall continue in full force and effect and in accordance with its terms. In the event <br /> of a conflict between the terms of the Subdivision Agreement and this Second Amendment, the <br /> terms of this Second Amendment shall control. <br /> 9. Effective.Date of Amendment. This Second Amendment shall become effective <br /> and binding only upon execution and delivery by both City and Subdivider. <br /> 10. Integration. Except as amended by this Second Amendment, the Subdivision <br /> Agreement shall remain in full force and effect in accordance with its terms. <br /> 11. Counterparts. This Second Amendment may be executed in several counterparts; <br /> all of which taken together shall be considered to be one document. Facsimile signatures shall <br /> be binding and accepted as originals. <br /> 12. Recording. This Second Amendment shall be recorded at Ryland's expense in the <br /> office of the Boulder County.Colorado Clerk and Recorder. <br /> 13. Binding Effect. This Second Amendment shall run with the land and be binding <br /> upon the land included within the Subdivision and be binding upon the successors and assigns of <br /> the parties hereto. <br /> 3 <br />