HomeMy WebLinkAboutDoc 289 - Amend Improv Agrmt - TetherowPage 1 of 5 - AMENDMENT NO. 4 TO IMPROVEMENT AGREEMENT DESCHUTES COUNTY
DOCUMENT No. 2007-380 - Overnight Lodging, Deschutes County Document No. 2010-289
For Recording Stamp Only
AMENDMENT NO. 4 TO IMPROVEMENT AGREEMENT
DESCHUTES COUNTY DOCUMENT No. 2007-380
Overnight Lodging
That certain Improvement Agreement, Deschutes County Document No. 2007-380
(“Agreement”), by and between DESCHUTES COUNTY, OREGON, a political subdivision of the
State of Oregon (“County”) and ARROWOOD DEVELOPMENT, LLC, an Oregon limited liability
company (“Developer”), dated August 29, 2007, together with Amendment No. 1 to
Improvement Agreement No. 2007-380, Deschutes County Document No. 2007-493,
Amendment No. 2 to Improvement Agreement No. 2007-380, Deschutes County Document No.
2008-576 and Amendment No. 3 to Improvement Agreement No. 2007-380, Deschutes County
Document No. 2009-510, is amended as set forth below, effective upon signature of all
signatories hereto. All other provisions of the Agreement remain the same and in full force.
3. Exhibits . The Exhibits listed below and attached to this Amendment No. 4 are hereby
incorporated herein by reference as part of the Agreement and supplement that Exhibit
E attached to Amendment No. 3 to Improvement Agreement – Overnight Lodging,
Document No. 2008-576:
3.6. Exhibit F – Verification by Wells Fargo of extension of expiration date of
Irrevocable Letter of Credit No. NZS648008 to September 30, 2011.
5. Construction of Overnight Lodging Required Improvements.
5.3 Developer shall cause the Required Improvement to be inspected by and
receive final written construction approval from County and/or the State of
Oregon not later than two (2) years from the date the Tetherow Phase 1
Final Plat is recorded with County Clerk (“Completion Date”). This date is
hereby further extended by one (1) year, resulting in a new Completion
Date of September 24, 2011.
SIGNATURE PAGES FOLLOW
REVIEWED
______________
LEGAL COUNSEL
Page 2 of 5 - AMENDMENT NO. 4 TO IMPROVEMENT AGREEMENT DESCHUTES COUNTY
DOCUMENT No. 2007-380 - Overnight Lodging, Deschutes County Document No. 2010-289
Dated this _______ of ___________, 2010
BOARD OF COUNTY COMMISSIONERS
______________________________________
DENNIS R. LUKE, CHAIR
______________________________________
ALAN UNGER, VICE-CHAIR
ATTEST:
______________________________________
Recording Secretary
______________________________________
TAMMY BANEY, COMMISSIONER
STATE OF OREGON )
) ss.
County of Deschutes )
Before me, a Notary Public, personally appeared DENNIS R. LUKE, ALAN UNGER and TAMMY
BANEY, and the above-named Board of County Commissioners of Deschutes County, Oregon
and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this _____ day of _______________, 2010.
__________________________________________
Notary Public for Oregon
My Commission Expires: _____________________
Page 3 of 5 - AMENDMENT NO. 4 TO IMPROVEMENT AGREEMENT DESCHUTES COUNTY
DOCUMENT No. 2007-380 - Overnight Lodging, Deschutes County Document No. 2010-289
Dated this _____ day of August, 2010 SUCCESSOR TO DEVELOPER:
VRE LODGE HOMES, L.L.C.
a Missouri limited liability company
By: Ocala First Corporation, Inc., Manager
By:______________________________________
Henry Warshaw, President
STATE OF MISSOURI )
) ss.
COUNTY OF ST. LOUIS )
Before me, a Notary Public, personally appeared Henry Warshaw, in his capacity as President
of Ocala First Corporation, Inc., a Missouri corporation, Manager of VRE Lodge Homes, L.L.C.,
a Missouri limited liability company and acknowledged the foregoing instrument on behalf of
VRE Lodge Homes, L.L.C.
Dated this _____ day of August, 2010
_________________________________________
Notary Public for Missouri
My Commission Expires: ____________________
Page 4 of 5 - AMENDMENT NO. 4 TO IMPROVEMENT AGREEMENT DESCHUTES COUNTY
DOCUMENT No. 2007-380 - Overnight Lodging, Deschutes County Document No. 2010-289
Come now, Joseph E. Weston, Weston Investment Co., LLC, an Oregon limited liability
company, and Wells Fargo Bank, N.A. and hereby consent to the foregoing AMENDMENT NO.
4 TO IMPROVEMENT AGREEMENT DESCHUTES COUNTY DOCUMENT No. 2007-380 -
Overnight Lodging.
Dated this _____ day of August, 2010 JOSEPH E. WESTON
By:_____________________________________
Joseph E. Weston
STATE OF OREGON )
) ss.
COUNTY OF __________________ )
Before me, a Notary Public, personally appeared JOSEPH E. and acknowledged the foregoing
instrument.
Dated this _____ day of August, 2010
_________________________________________
Notary Public for Missouri
My Commission Expires: ____________________
Dated this _____ day of August, 2010 WESTON INVESTMENT CO., LLC
an Oregon limited liability company
By:______________________________________
________________________________________
Please Print Name
________________________________________
Please Print Title
STATE OF OREGON )
) ss.
COUNTY OF __________________ )
Before me, a Notary Public, personally appeared ____________________, in his/her capacity
as (Title)____________________ of Weston Investment Co., LLC, an Oregon limited liability
company and acknowledged the foregoing instrument on behalf of Weston Investment Co.,
LLC.
Dated this _____ day of August, 2010
_________________________________________
Notary Public for Missouri
My Commission Expires: ____________________
Page 5 of 5 - AMENDMENT NO. 4 TO IMPROVEMENT AGREEMENT DESCHUTES COUNTY
DOCUMENT No. 2007-380 - Overnight Lodging, Deschutes County Document No. 2010-289
Dated this _____ day of August, 2010 WELLS FARGO BANK, N.A.
By:______________________________________
________________________________________
Please Print Name
________________________________________
Please Print Title
STATE OF _____________ )
) ss.
COUNTY OF ____________ )
Before me, a Notary Public, personally appeared ____________________, in his/her capacity
as (Title)____________________ of, Wells Fargo Bank, N.A., a/an (Type of Company)
___________________________ and acknowledged the foregoing instrument on behalf of
Wells Fargo Bank, N.A..
Dated this _____ day of August, 2010
_________________________________________
Notary Public for Missouri
My Commission Expires: ____________________
