<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
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