Planning Commission Agenda and Packet 2021 11 11

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SECOND AMENDMENT TO SUBDIVISION AGREEMENT (The Foundry Subdivision) This SECOND Amendment to Subdivision Agreement (hereinafter "Third Amendment") is made and entered into as of the Effective Date (as defined in Section 6, below), by and between the CITY OF LOUISVILLE, a municipal corporation, in the County of Boulder, State of Colorado (hereinafter "the City"), and (hereinafter " "), the owner of The Foundry subdivision WHEREAS, on June 22, 2017, the City, RMCS, LLC, Louisville Properties 1, Inc. and Steel Street Commercial, Inc. entered into The Foundry Subdivision Agreement (the "Subdivision Agreement"), which Subdivision Agreement was recorded in the offices of the Boulder County Clerk and Recorder on June 29, 2017 at Reception No. 03600742; and WHEREAS, the Subdivision Agreement was subsequently amended by that certain First Amendment to Subdivision Agreement (the "First Amendment"), which First Amendment was recorded in the offices of the Boulder County Clerk and Recorder on June 12, 2018 at Reception No. 03660404, and WHEREAS, has requested a second amendment to the Subdivision Agreement to reduce the requirement from 24 dwelling units to 12 dwelling units that have a requirement that they are occupied by persons 55 years of age and older; WHEREAS, the City is willing to amend the Subdivision Agreement as set forth herein, NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, City and hereby agree as follows: Section 1. Section 8.3 of the Subdivision Agreement is hereby amended, reducing the requirement from 24 of the dwelling units to 12 dwelling units that shall be occupied by persons 55 years of age and older. All remaining provisions of this section remain shall remain in full force and effect. Section 2. Except as amended by this Second Amendment, the Subdivision Agreement, as amended by the First Amendment, shall remain in full force and effect in accordance with its terms. In the event of a conflict among the Subdivision Agreement, the First Amendment, and this Second Amendment, the terms of this Second Amendment shall control to the extent of such conflict. Section 3. Nothing in this Second Amendment shall be deemed or construed to discharge any party hereto or any other person from any liabilities accruing prior to the effective date of this Second Amendment, and this instrument shall be without prejudice to any rights or remedies of the City regarding such liabilities. 24