HomeMy WebLinkAbout770569.tiff RESOLUTION
RE: ACCEPTANCE OF BOND ON SUBDIVISION IMPROVEMENTS AGREEMENT
FOR INDIANHEAD SUBDIVISION.
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Chairman of the Board of County Commissioners,
did, on January 19 , 1976 , signed the Final Plat for Indianhead
Subdivision, which was then recorded on January 30, 1976 at Book
758 , Reception No. 1680236 of the Weld County, Colorado Records,
and
WHEREAS, the Board of County Commissioners has studied the
request of the Weld County Department of Planning SerUices for acceptance
of the bond on the Subdivision Improvements Agreement, and
WHEREAS, in order to have Weld County accept the streets of
Indianhead Subdivision into the County road system, the Developer
has agreed to execute the attached Subdivision Improvements Agree-
ment, agreeing to construct the roads in the Indianhead Subdivision
to Weld County standards, and to post a bond guaranteeing the
performance under the Subdivision Improvements Agreement, and
WHEREAS , the Board of County Commissioners has studied the
request and studied the recommendations of the Weld County Department of
Planning Services, and having been fully informed and satis-
fied, does accept the bond in the amount of $84, 050. 00 on the
Subdivision Improvements Agreement, and further requests that
paragraph number 7 of the Subdivision Improvements Agreement be
deleted in its entirety.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the bond in the amount
of $84 , 050. 00 on the Subdivision Improvements Agreement, be, and
hereby is , accepted with the understanding that paragraph number
7 of said Improvements Agreement is deleted in its entirety.
The above and foregoing Resolution was , on motion duly made
2NC,
770569
and seconded, adopted by the following vote on the 26th day of
September, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: '111a1 avvv:IC,A!PbLbrd
Weld County Clerk and Recorder
Clerk to the Board
'��Y .1`;12-, � 9,.
Deputy County Cle
P D AS TO Q$M:7County Attorney U
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Date Presented: September 28 , 1977
Zz., k i>k
A,
SUBDIVISION AGREEMENT iitEre 1-4k
SUBDIVISION
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THIS AGREEMENT, made and entered into this 22nd day of Au \� � ,3y �
C1.01,,b L,-/
1977 ,. by and between the County of Weld, Colorado, acting through its Board
of County Commissioners, hereinafter called "County" , and Indianhead
Limited, A .Joint Venture , hereinafter called
"Subdivider".
WITNESSETH:
WHEREAS, Subdivider is the owner of or has a controlling interest in
the following described property in the County of Weld, Colorado:
Lots One (1) through Three (3) , Block One (1) ; Lots Five (5) through Nine (9) ,
Block Two (2) ; Lots One (1) through Sixteen (16) , Block Three (3) ; All of Block
Four (4) and Five (5) ; Lots One (1) through Seven (7) , and Lots Eighteen (18)
through Twenty-five (25) , Block Six (6) ; of INDIANHEAD SUBDIVISION being a
portion of the Northeast Quarter (NE1/4) of Section 18, Township 5 North, Range
67 West of the 6th P.M. , County of Weld, State of Colorado, as per the map filed
January 30, 1976 in Book 758 as Reception No. 1680236, Weld County Records.
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WHEREAS, a final subdivision plat of said property, to be known as
INDIANHEAD SUBDIVISION
has been submitted to the County for approval ; and
WHEREAS, Section 11-1 of the Weld County Subdivision Regulations pro-
vides that no final plat shall be approved by the Board of County Commissioners
until the Subdivider has submitted a Subdivision Improvement Agreement
guaranteeing the construction of the public improvements shown on plans ,
plats and supporting documents of the subdivision, which improvements , along
with a time schedule for completion, are listed in Exhibits "A" and "B" of
this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance
and approval of said final plat, the parties hereto promise, covenant' and
agree as follows :
1 . Engineering Services : Subdivider shall furnish, at its own
expense, all engineering services in connection with the design
and construction of the subdivision improvements listed on
Exhibit "A" which is attached hereto and made a part hereof by
this reference.
1 .1 The required engineering services shall be performed
by a Professional Engineer and Land Surveyor registered
in the State of Colorado, and shall conform to the
standards and criteria established by the County for
public improvements.
1 .2 The required engineering services shall consist of,
but not be limited to, surveys , designs , plans and pro-
files, estimates, construction supervision, and the
submission of necessary documents to the County.
1 .3 Subdivider shall furnish drawings and cost estimates
for roads within the subdivision to the County for ap-
proval prior to the letting of any construction contract.
Before acceptance of the roads within the subdivision by
the County, Subdivider shall furnish one set of repro-
ducible "as-built" drawings and a final statement of con-
struction cost to the County.
2. Rights-of-Way and Easements : Before commencing the construction of
any improvements herein agreed upon, Subdivider shall acquire, at its
own expense, good and sufficient rights-of-way and easements on all
lands and facilities traversed by the proposed improvements. All such
rights-of-way and easements used for the construction of roads to be
accepted by the County shall be conveyed to the County and the docu-
ments of conveyance shall be furnished to the County for recording.
3. Construction: Subdivider shall furnish and install , at its own
expense, the subdivision improvements listed on Exhibit "A" which is
attached hereto and made a part hereof by this reference, according
to the construction schedule set out in Exhibit "B" also attached hereto
and made a part hereof by this reference.
3. 1 Said construction shall be in strict conformance to the
plans and drawings approved by the County and the speci-
fications adopted by the County for such public improve-
ments. Whenever a subdivision is proposed within three
2
miles of an incorporated community located in the County
or located in any adjacent county, the Subdivider shall
be required to install improvements in accordance with the
requirements and standards that would exist if the plat
were developed within the corporate limits of that com-
munity. If the incorporated community has not adopted
such requirements and standards at the time the subdivision
is proposed , the requirements and standards of the County
shall be adhered to. If both the incorporated community
and the County have requirements and standards , those re-
quirements and standards that are more restrictive shall
apply.
3. 2 Subdivider shall employ, at its own expense, a qualified
testing company previously approved by the County to per-
form all testing of materials or construction that is re-
quired by the County; and shall furnish copies of test re-
sults to the County.
3.3 At all times during said construction , the County shall
have the right to test and inspect or to require testing and
inspection of material and work at Subdivider's expense. Any
material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satis-
faction of the County at Subdivider's expense.
3.4 The Subdivider shall furnish proof that proper arrangements
have been made for the installation of sanitary sewer or
septic systems, water, gas, electric and telephone services .
3.5 Said subdivision improvements shall be completed, according
to the terms of this Agreement, within the construction
schedule appearing in Exhibit "B" . The Board of County
Commissioners , at its option, may grant an extension of the
time of completion shown on Exhibit "B" upon application
by the Subdivider.
4. Release of Liability: Subdivider shall indemnify and hold harmless
the County from any and all suits , actions or claims of every nature
and description caused by, arising from, or on account of said con-
struction, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable
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•
expenses and attorney fees incurred by County in defending such suit,
action or claim. 'All contractors and other employees engaged in
construction of the improvements shall maintain adequate workman 's
compensation insurance and public liability insurance coverage, and
shall operate in strict accordance with laws and regulations of the
State of Colorado governing occupational safety and health.
5. Acceptance of Streets for Maintenance by the County: Upon com-
pliance with the following procedures by the Subdivider, streets with-
in a subdivision may be accepted by the County as a part of the County
road system and will be maintained and repaired by the County.
5. 1 If desired by the County, portions of street improvements
may be placed in service when completed according to the
schedule shown on Exhibit "B" , but such use and operation
shall not constitute an acceptance of said portions.
5.2 County may, at its option, issue building permits for con-
struction on lots for which street improvements detailed
herein have been started but not completed as shown on
Exhibit "B",ard may continue to issue building permits so
long as the progress of work on the subdivision improvements
throughout the development is satisfactory to the County;
and all terms of this Agreement have been faithfully kept
by Subdivider.
5. 3 Acceptance for Partial Maintenance: Upon the completion of
the construction of streets within a subdivision according
to Weld County Specifications ,, the Subdivider shall request
in writing that the County Engineer inspect said streets and
accept them for partial maintenance by the County. Partial
maintenance consists of all maintenance except for actual
repair of streets , curbs and gutters and related street
improvements . The County Engineer shall accept streets for
partial maintenance for a period of one year. Nine months
after initial acceptance, the County Engineer shall inspect
the subject streets, and notify the Subdivider of any defi-
ciencies. The County Engineer shall reinspect the streets
after notification from the Subdivider that any deficiencies
have been corrected. If the County Engineer finds that the
streets are constructed according to County standards , he
shall recommend the acceptance of the streets for full main-
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tenance to the Board of County Comnissioners .
5.4 Acceptance of Streets for Full Maintenance: Upon receipt of
a recommendation from the County Engineer for acceptance of
streets within the subdivision, the Board of County Commis-
sioners shall accept such streets as public facilities and
County property, and shall be responsible for the full main-
tenance of such streets including repair.
6. Improvements Guarantee: Subdivider shall furnish to the Board of
County Commissioners as guarantee of compliance with this Agreement,
collateral such as, but not limited to, performance or property bonds ,
private or public escrow agreements , liens on property, deposit of
certified funds or other similar surety agreements acceptable to the
Board of County Commissioners. The amount of any of the above guarantees
shall be set by the Board of County Commissioners and portions of the
guarantee may be released upon completion of various portions of the
improvements. All or any portion of the guarantee will be released upon
completion of the guaranteed improvements according to County standards
and the terms of the subdivision plans and plats and, in the case of
the streets , upon acceptance of the streets by the County for full
maintenance as a p t of the County road system.
Public S es and U n S a s : The nning C nission a d the Board
of C my Commis 'oners , u n con 'deration vehicu r traffi and
faciliti and the p titular e of evelopmen propose in the
su ivision, ay require e dedic ion, elopment nd/or r ervation
f area or site of a charac r, exte and 1 ation su able fo ub-
lic se for arks , g enbelts or hools , her th subdivi 'on stre s
d uti 'ty eas ents de ' nated, in a ordance ith on of the lowing
alte ative or as ecifie in the PUD an, if •
7. 1 he re ired ac age as ay be deter ' ed acc ding to
Sec 'on 8- -B of t Weld unty Subdivi "on Reg ations
all b dedica d to t Count or the appr riate hool
dist ict, f one o the abo purp es. Any are so ded
c ed sh 11 be a roved the nty or chool distr t, and
hall e mai ained the unty or chool istrict.
The equi d acr- ge as termi d accor " g to ction 8-15-B
the ld C nty S divisi Regu tions ma be r erved
thro h dee rest 'ction as ope area , e maint lance f
hich s 11 be spec is ob ation ' the ed of e h lo
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• ithin the subdivison.
3 In li of land, the Board o County Com ' sione may re-
q e a paym to the County in a mount equa o the
arket e at the 'me of final plat su fission of
requ d acres as determ d according to Sec ' n 8-15-B.
Nchosen ' intly
h l all be rmined by competent land ap iser
by e Board d the Subd 'der. The cash
h be depo ed in an crow accou to be
r parks a later e.
ssigns : This greement shall be binding upon the
heirs , executors , personal representatives, successors and assigns of
the Subdivider, and upon recording by the County, shall be deemed a
covenant running with the land herein described , and shall be binding
upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
9/1,12F)
7 �`oC p�
ATTEST: 7Y1670.46.44.1/42.
d County Clerk and Recorder
an lC l r� k to th Boar
Deputy County C k
P OV D AS TO FORM:
O
County Attorney
SUBDIVIDER:
By: 1.
(-titleT
Subscribed and sworn to before me this day of
My commission expires : O\_)\*\,,\.. \q\p
hlotary Public
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EXHIBIT "A"
Name of Subdivision: A Part of Indianhead Subdivision
Filing:
- Location: NE 1/4, Sec. 18, T5N, R67W
Intending to be legally bound, the undersigned Subdivider hereby agrees to
provide throughout this subdivision and as shown on the subdivision final
plat dated , 19_, recorded on January 30 , 1976,
in Book 758 , Page No. , Reception No. 1680236 , the following
improvements.
(Leave spaces blank where they do not apply. )
Improvements Unit Cost Estimated
Construction Cost
treet grading
( Street base 21,000 sq. yds. 3.25 I 68,250.00
( Street paving
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Curbs , gutters , and ulverts)
Sidewalks
torm Sewer facilities 17,454 sq. yds.
eD
.55 9,500.00
Retention ponds
itch improvements
Sub-surface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house conn)
On-site Sewage facilities
On-site Water supply and storage 32,000.00
( Water mains ) 9.35 66,385.00
( Fire hydrants )
Survey & street monuments & boxes 3,000.00
Street lighting 3,000.00
Street name signs 300.00
Fencing requirements
Landscaping
Park improvements
SUB TOTAL
Engineering and Supervision Costs 6,000.00
(testing, inspection, as-built plans and work in addition to preliminary
and final plat; supervision of actual construction by contractors )
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 146,762.00
The above improvements shall be constructed in accordance with all County
requirements and specifications , and conformance with this provision shall
be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule
set out in Exhibit "B".
Si nature of Subdivider
(If corporation, to be signed by Presides and attested to by Secretary,
together with corporate seal . )
Date : , 19 .
EXHIBIT "B"
Name of Subdivision: A Part of Indianhead Subdivision
Filing:
Location: NE 1/4, Sec. 18, T5N, R67W
Intending to be legally bound, the undersigned Subdivider hereby agrees to
construct the improvements shown on the final subdivision plat of
Indianhead Subdivision, dated 19 ,
Recorded on January 30 , 1976, in Book 758 , Page No. , Reception
No. 1680236 , and listed on Exhibit "A" of this Agreement, according to
the following schedule.
All improvements shall be completed within 1 years from the date of
approval of the final plat.
Construction of the improvements listed in Exhibit "A" shall be com-
pleted as follows :
(Leave spaces blank where they do not apply. )
Improvements Time for Completion
Street grading
Street base ) Nov. 1, 1977
( Street paving ) Nov. 1, 1977 or May 1.(1977 NI /C2
Curbs, gutters , and lvert? .
Sidewalks
torm Sewer faci ities Nov. 1, 1977
(Retention ponds
Ditch improvements
Sub-surface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals. (house coon)
On-site Sewage facilities •
On-site Water supply and storage Nov. 1, 1977
Water mains Nov. 1, 1977
Fire hydrants
Survey & street monuments & boxes Jan. 1, 1978
Street lighting Jan. 1, 1978
Street name signs Jan. 1, 1978
Fencing requirements
Landscaping
Park improvements
SUB TOTAL
The Board of County Commissioners, at its option, and upon the request by the
Subdivider, may grant an extension of time for completion for any particular
improvement shown above, upon a showing by the Subdivider that the above
schedule cannot be met.
S nature of Subdivider
(If corporation, to be signed by Presiden and attested to by Secretary,
together with corporate seal . )
Date: , 19 .
BOND NO . ki Pk RIR
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND $ALTIMORE, MD. 21203
SUBDIVISION BOND
KNOW ALL MEN BY THESE PRESENTS, THAT Indianhead Limited, a joint venture,
as Principal , and Fidelity and Deposit Company of Maryland, a corporation
organized under the laws of the State of Maryland, as Surety, are held
and firmly bound unto the County of Weld, Colorado, in the penal sum of
Eighty Four Thousand Fifty and no/100 Dollars ($84 , 050 . 00) , lawful
money of the United States , for the payment of which, well and truly to
be made , we bind ourselves , our heirs , executors , administrators , succes-
sors , and assigns , jointly and severally, firmly by these presents as
follows :
WHEREAS, the above bounden Principal has entered into a written agreement
dated the 22nd day of Au• ust , 1977 , a copy of which is by
reference made a part hereof, with the County of Weld, Colorado, for the
installation of certain improvements , said installation to be done accord-
ing to the requirements of said Agreement .
NOW THEREFORE, if the above bounden Principal shall well and truly keep
and perform each and all of the obligations of said Agreement and any
alterations in or addition thereto , including, without limitations by
specifications , the maintenance of the work for one year following the
acceptance of the improvements by the County of Weld then this obligation
shall be null and void, otherwise to remain in full force and effect .
Principal stipulates that it shall be liable to the County of Weld in a
direct action with or without said Surety as a party, for any failure of
said Principal to discharge, carry out , and perform every promise , covenant ,
obligation, condition, term, or provision to be kept or performed by said
Principal, and agrees to respond to the County of Weld for all damages
sustained by it for reason of any such failure . In event of default by
Principal, Surety may fulfill its obligation hereunder by completing the
improvements persuant to the terms of said Agreement .
Surety stipulates that no change , extension of time , alteration in, or
additions to, the terms of the Agreement or the obligations to be performed
thereunder , or the Exhibits accompanying the same , or no forbearance on
the part of the County of Weld, or said Principal to the. other, shall in
any wise affect its obligation on this bond, or release the Principal and
Surety or either of them, their heirs , executors , administrators , successors ,
or assigns from their liability hereunder, and it does hereby waive notice
of any such change , extension of time , forbearance , alteration in, or
addition to, the terms of the agreement or in the Exhibits constituting
a part thereof.
IN WITNESS WHEREOF, the above named Principal and Surety have signed these
presents this 20th day of September , 1977 .
Principal : Indian head Limited, a joint venture
By : . .
Surety :FIDELITY AND-DEPOSIT COMPANY OF MARYLAND
By : ,,,,±__ ` �� -
Kim Bishop
Attorney-in-Fact
7,
r;1121-30\I, 11-71 IA93hIl - , - -
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE, MD.
KNOW ALI. MEN By THESE PRESENTS:That the FIDRLI'I'v AND I)P:I'OSIT COMPANY or MARYLAND, a corpora-
tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and PAUL E. ZACHARSKI ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com-
pany, which reads as follows:
"The President,or any one of the Executive Vice-Presidents,or any one of the additional Vice-Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant
Secretaries and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on
behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds, and releases and
assignments of judgments,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and docu-
ments which the business of the Company may require, and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint Kim Bishop of Denver, Colorado
its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings
n the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company,as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By-Laws of
said Company,and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
25th day of Slane , A.D. 19_76 ..
, of ott FIDELITY AND DEPOSIT COMPANY OF MARYLAND
,.k s'et,
°t ATTEST:
1: SEAL t'
r / n
„vet- By 1 l�
Assistant Secretary Vice-President
STATE OF MARYLAND 1l` _.
CITY OF BALTIMORE 1 55:
On this 25th day of June , A.D. 19 76 before the subscriber, a Notary Public of the State of
Maryland,in and for the City of Baltimore, duly commissioned and qualified,came the above-named Vice-President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personallyknown to be the individuals and officers described
in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
Ix TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore, the day and year
first above written. n7) /
?�•ry OTAay N 1 Gal
9'�:❑ueuc.f Notary Public Commission ExpiresJuly_1,...197.8_
• 11tORE c' CERTIFICATE
the undersigned.Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original
Power of Attorney of which the foregoing is a full,true and correct copy,is in Lull force and effect on the date of this certificate;and I
do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe-
cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED! "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
_ - �. .... day of t . a 4 . . i. /... __' 19 7—
L1419—Ctf. 203432 A ssis nt Secretary
rn t
, MEMORAnDUM
WilkTo Clerk to the Board Date September 29, 1977
COLORADO From Thomas E. Honn c
subject: Indian Head Subdivision Improvements Agreement
The Bond submitted for Indian Head Subdivision by Indianhead, Limited,
a Joint Venture is not for the total amount shown on Exhibit "A" of
the Improvement Agreement . The reason for the lesser amount of the
bond is that the Board of Commissioners , at a work session on August
29, 1977, agreed to wave the portion of the agreement that was for
water lines and storage. The waiver was granted due to the water
lines and storage being bonded by the water company .
Hello