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<br />#01594797 03/28/96 10:04 AM REAL ESTATE hfCORDS Lf-f <br />F2115 CHARLOTTE HOUSTON BOULDER CNTY CO RECORDER <br /> <br />RESOLUTION NO. 72 <br />SERIES 1995 <br /> <br />A RESOLUTION AMENDING THE NEODATA SERVICES, INC., <br />CENTENNIAL VALLEY FILING NO.3, SUBDIVISION AGREEMENT AND <br />CONSENTING TO THE ASSIGNMENT OF A PORTION THEREOF. <br /> <br />WHEREAS, the City of Louisville, Colorado, and NEOSERV (CO) <br />QRS 10-13, Inc., NEOSERV (CO) QRS 11-8, Inc. and NEODATA SERVICES, I <br />Inc. (hereafter referred to as "Subdivider"), entered into a ~ <br />Subdivision Agreement dated March 25, 1993, relating to Centennial <br />Valley Filing No.3, as amended, ("Subdivision Agreement"); and <br /> <br />WHEREAS, the Subdivider has requested an amendment to <br />Paragraph 8.2 of the Subdivision Agreement to permit additional <br />time to August 31, 1996, to complete the extension of Centennial <br />Court; and <br /> <br />WHEREAS, inasmuch as Homart Development Co., a Delaware <br />corporation, has agreed to assume the obligations of Subdivider <br />under Paragraph 8.2 of the Subdivision Agreement, the Subdivider <br />has requested a modification of the Subdivision Agreement to (i) <br />release Subdivider from any further obligations and duties under <br />Paragraph 8.2 of the Subdivision Agreement, and (ii) release Lot 1, <br />Block 1, Centennial Valley Business Park Filing No.3, Boulder <br />County, Colorado from the terms, conditions, duties, obligations, <br />and burdens of Paragraph 8.2 of the Subdivision Agreement; and <br /> <br />WHEREAS, a Subdivision Agreement entered into on June 20, <br />1995, between the City of Louisville and Q.D. Investors, a Colorado <br />L.L.C., requires Q.D. Investors to complete the construction of <br />Centennial Court and provide an improvement guaranty for such <br />construction (which guaranty has been provided to the City); and <br /> <br />WHEREAS, the City Council finds that the requested changes <br />would not be detrimental to the City under the conditions set forth <br />below. <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF LOUISVILLE, COLORADO: <br /> <br />1. Paragraph 8.2 of the Neodata Services, Inc., Centennial <br />Valley Filing No.3, Subdivision Agreement, dated March 25, 1993, <br />as amended, is amended to read as follows: <br /> <br />"8.2 Centennial Court Temporary Turnaround. If <br />Subdivider does not fully extend Centennial Court from <br />Centennial Parkway, Subdivider shall install and maintain <br />a 70 ft. diameter temporary all-weather turnaround at the <br /> <br />1 <br /> <br />:i <br /> <br />L7 <br />