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Regular Agenda Item 4. E.

Regular BOS Meeting

Meeting Date:	06/05/2018
Submitted For:	James Menlove	Submitted By:	Sherry Grice, Management Associate
Department:	County Manager
Fiscal Year:	2018	Budgeted?:	Yes
Contract Dates Begin & End:	June 5, 2018	Grant?:	No
Matching Requirement?:	No	Fund?:	Replacement

Information

Request/Subject

Amendment #1 to the Escrow Agreement between Gila County; Terry Gorton acting as agent for both Javelina Sky Development LLC and Woodshire at Elk Rim LLC; and Pioneer Title Agency for the proposed Elk Rim Subdivision.

Background Information

On February 6, 2018, the Board of Supervisors voted unanimously to approve Planning and Zoning Department Case No. S-17-01, a Final Plat for Elk Rim, Lots 1-18, that was submitted by Terry Gorton on behalf of Javalina Sky LLC to subdivide parcel numbers 301-69-196 and 301-69-197 into 18 lots of the proposed Elk Rim Subdivision located on Lots 1 and 2, Portal Pine Creek Canyon, Unit IV, Tract B, with the following stipulated conditions:

1) A copy of the Portal IV HOA and Elk Rim road maintenance agreement would be provided to the Gila County Manager.
2) No lots shall complete the sales process until the Final Plat map is recorded with the County Recorder.
3) The escrow agent for the financial assurances agreement will be Pioneer Title Agency.

On March 13, 2018, the Board of Supervisors voted unanimously to modify Board action taken on February 6, 2018, to approve Planning and Zoning Department Case No. S-17-01 (as stated above) by deleting the condition of requiring a copy of the Portal IV HOA and Elk Rim road maintenance agreement to be provided to the Gila County Manager prior to recording of the Elk Rim Final Plat and that no lot sales to the general public be completed prior to the subdivision improvements being completed and approved by the Gila County Public Works Director rather than after the recordation of the Final Plat.

Evaluation

Amendment #1 contains the following:

Section 3-Amendments of Amendment #1 states, "The Parties hereby agree to amend the Escrow Agreement to delete Line 6 Offsite Traffic Improvements from Section F of Exhibit “A”, Elk Rim Cost Estimates in an amount of $5,000 from the Escrow Agreement such that upon execution of this Amendment, the Escrow Agent shall return the $5,000 attributable to Line 6 Offsite Traffic Improvements of Section F to the Developer, it being understood and agreed that the $5,000 shall not be deemed a Draw as defined in the Escrow Agreement."

Section 4-Legal Effect on Escrow Agreement of Amendment #1 states, "As amended by this Amendment, all provisions of the Escrow Agreement shall remain in full force and effect. In the event of a conflict between this Amendment and the Escrow Agreement, this Amendment shall take precedence."

Conclusion

All Parties (Gila County; Terry Gorton acting as agent for both Javelina Sky Development LLC and Woodshire at Elk Rim LLC; and Pioneer Title Agency) to the Escrow Agreement need to enter into Amendment #1 to the Escrow Agreement for the reasons as stated in the Evaluation section of this staff report.

Recommendation

It is the recommendation of the County Manager and the Community Development Division Director that the Board of Supervisors approve Amendment #1 to the Escrow Agreement.

Suggested Motion

Information/Discussion/Action to approve Amendment #1 to the Escrow Agreement between Gila County; Terry Gorton acting as agent for both Javelina Sky Development LLC and Woodshire at Elk Rim LLC; and Pioneer Title Agency for the proposed Elk Rim Subdivision. (James Menlove)

Attachments
Amendment #1-Elk Rim Escrow Agreement
Escrow Agreement-Approved by BOS on 2-6-18 & 3-13-18