HomeMy WebLinkAbout810531.tiff RESOLUTION
RE: AMENDMENT TO EXHIBIT A OF THE SUBDIVISION AGREEMENT FOR
PANORAM INDUSTRIAL PARK 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, on September 30 , 1981, the Board of County Com-
missioners approved the final plat and the requirement of a
$250 , 000 performance bond, and
WHEREAS , Dale G. Harrington, subdivider, has submitted
proposals as an alternative to the performance bond on Panoram
Industrial Park Subdivision, and
WHEREAS, after careful consideration the Board has deemed
it advisable to amend exhibit A of the subdivision agreement by
deleting the requirement for the $250, 000 performance bond and
accept the following proposal.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado that in lieu of the
subdivision bond the subdivider shall; place a restriction on
each purchasers deed stating that the purchaser agrees to make no
demands upon Weld County for the installation of the improvements;
and the subdivider shall provide a subdivision bond in the amount
of $147, 840 , which will incrementally increase for the next five
years to a total amount of $250 , 000 .
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 7th day
of December, A. D. , 1981.
BOARD OF COUNTY COMMISSIONERS
WELD OUN Y, COLO DO
Carlson, hairs a n
1 F 1 Ctvv-,n. t tasL wrt ,Ln/ Norman Carlson, Pro Tem
ATTEST:
C. -W3 Kirby
Weld County Clerk. and ,Recorder • /.:, .. , ,i
and Cletk to the BO'ard a T. Mart ' s-- ,
i7 y! K. t inmark u 1or,:c j
BY: %'+ 2 i� ev4 ( 6, (�
eputy County lerk
APP VED SAS TO FORMS--, j Lc
County Attorney DATE PRESENTED: December 14 , 1981
SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this 30th day of September
1981 , by and between the County of Weld, Colorado, acting through its Board
of County Commissioners, hereinafter called "County" , and
DALE G. HARRINGTON , 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:
That part of the N? of Section 12, Township 1 North, Range 68 West of
the 6th P.M. , County of Weld, State of Colorado, being morn particularly
described as follows:
The assumed basis of bearings is the West line of the NW4 of said Section
12 as bearing S 0°11 '15" E, and with all bearings contained herein relative
thereto: Commencing at the Northwest corner of said Section 12; thence
N 89°27'24" E, along the North line of the NW4 of said Section 12 a distance
of 1138. 11 feet; thence S 0°11 '15" E, parallel with the West line of the NW%4
of said Section 12, a distance of 30.00 feet to the TRUE POINT OF BEGINNING;
thence continuing S 0°11 '15" E, parallel with the West line of the
NW1/4 of said Section 12, a distance of 1818. 13 feet to the most Southerly line
of the parcel as described in Book 828, Reception No. 1749760 of the Weld County
records; thence N 89°15'00" E, along said Southerly line, a distance of 1928.44
feet to the West right-of-way line of the Union Pacific Railroad; thence N 06°
15'48" E, along the West right-of-way line of the Union Pacific Railroad, a dis-
tance of 197.43 feet to a point of curvature of a curve to the right, said curve
having a central angle of 03°02'48", a radius of 5804.60 feet, an arc length
of 308.66 feet, and the long chord of which curve bears N 07°47' 12" E, a dis-
tance of 308.62 feet to the North line of the 5l of the NE1 of said Section 12;
thence S 89°50'40" W, along the North line of the 5% of the NE1 of said Section
12, a distance of 498.83 feet to the Northwest corner of the Si of the NE`s of
said Section 12; thence N 00°09'55" W, along the East line of the NW% of said
Section 12, a distance of 1306.36 feet to a point, which point is 30.00 feet
Southerly from the North line of the NWIr of said Section 12 as measured by per-
pendicular measurement to said North line; thence S 89°27 '24" W, parallel with
said North line a distance of 1495.04 feet to the TRUE POINT OF BEGINNING.*
WHEREAS, a final subdivision plat of said property, to be known as _
PANORAM INDUSTRIAL PARK 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 :
*This parcel contains 2,947,288 square feet or 67.66 acres, more or less.
304-79-019
1 . EngineerinjServices: 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-W y 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
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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",and 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 Commissioners .
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 part of the County road system.
7. Public Sites and Open Spaces : The Planning Commission and the Board
of County Commissioners , upon consideration of vehicular traffic and
facilities and the particular type of development proposed in the
subdivision, may require the dedication, development and/or reservation
of areas or sites of a character, extent and location suitable for pub-
lic use for parks , greenbelts or schools , other than subdivision streets
and utility easements designated, iin accordance with one of the following
alternatives, or as specified in the PUD plan, if any:
7. 1 The required acreage as may be determined according to
Section 8-15-B of the Weld County Subdivision Regulations
shall he dedicated to the County or the appropriate school
district, for one of the above purposes. Any area so dedi-
cated shall be approved by the County or school district, and
shall be maintained by the County or school district.
7. 2 The required acreage as determined according to Section 8-15-B
of the Weld County Subdivision Regulations may be reserved
through deed restrictions as open area , the maintenance of
which shall be a specific obligation in the deed of each lot
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within the subdivison.
7.3 In lieu of land , the Board of County Commissioners may re-
quire a payment to the County in an amount equal to the
market value at the time of final plat submission of the
required acreage as determined according to Section 8-15-B.
Such value shall be determined by a competent land appraiser
chosen jointly by the Board and the Subdivider. The cash
collected shall be deposited in an escrow account to be
expended for parks at a later date.
8. Successors and Assigns : This Agreement 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 NTY, COLORADO
X
ATTEST: 1)'7 ,• G`crnnn.`hurnak1:Cr/ /
Weld County Clerk and Recorder
,and,Cler the Bgald
a
/' eputy County Clerk
APPROVED AS TO FORM:
County Attorney
SUBDIVIDER:
L77C_5` C3 1//fib:,aN c:. T•.i
title
Subscribed and sworn to before me this, =--zbi day of _`2<<i',L'i2rr 7' 5/
My commission expires :
fi
otary Puirogic
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EXHIBIT "A"
Name of Subdivision: PANORAM INDUSTRIAL PARK SUBDIVISION
Filing: N/A
Location: Part of the N? of Sec. 12, T1N, R68W 6th P.M. , County of Weld,
State of Colorado
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 , 19 ,
in Book , Page No. , Reception No. the following
improvements.
(Leave spaces blank where they do not apply. )
Improvements Unit Cost Estimated
Construction Cost
Street radi ng
Street base $15.00/S.Y. $111,600.00
Street paving
Curbs , gutters , and culverts $25.00/L.F. _ $ 16,200.00 —__.—
Sidewalks
Storm Sewer facilities
Retention_ponds $1666.67 each $ 5,000.00
Ditch improvements
Sub-surface drainage
Sanitary sewers
Trunk and forced lines
------------------
Laterals (house connT
On site Sewage_facilities
On site Water s pply and storage
Water mains
Fire hydrants_
Survey & street monuments K-Toxes $150.00 each $ 1,200.00
Street lighting
Street name signs $200.00 each $__ 400.00
Fencing reguirements
Landscaping
Park imIrovements
- - - --
SUB TOTAL $134,400.00
Engineering and Supervision Costs $13-:440.00
(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 $ 147,840.00
In accordance with the agreement, a performance bond in the amount of
.$250,000.00. has been provide.d
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".
Signa`Cure of Subtly] r
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal . )
Date: Se-VT ,c: , 1925/.
EXHIBIT "B"
Name of Subdivision : PANORAM INDUSTRIAL PARK SUBDIVISION
Filing: N/A -- -- ---
Location: Part of the N1 of Sec. 12 T1N, R68W 6th P.M., County of Weld, —
State of Colorado
Intending to be legally bound, the undersigned Subdivider hereby agrees to
construct the improvements shown on the final subdivision plat of —__ _
Subdivision, dated , 19
Recorded on , 19 , in Book , Page No. , Reception
No. , and listed on Exhibit "A" of this Agreement, according to
the following schedule.
All improvements shall be completed within _- 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 5 years
Street base 5 years__Street paving 5 years --
Curbs, gutters, and culverts • • 5 years
Sidewalks _—_......_._____.. --, -5 years
Storm Sewer facilities � 5 years______
Retention ponds 5 years
Ditch improvements 5 years
Sub-surfacerainage —__--_ 5 years
Sani tarysewers 5 years
run and forced 1 nes i 5 years__
_ Mains _ 5 years.
Laterals Thouse corm-) — �—�!5 years___
On-site Sewage facilities 5 years _ _
On-site Water supply and storage _ _5 years___
Water mains 5 years__Fire hydrants _ 5 years _
Survey & street monuments & boxes 5 yers_
Street 1 i�h 9 _ _____--- -.-.-. T5 years _ —__--
Street name s iins __ _ 5 years
Fencing requirements _ _5 years
Landscaping ��� 5 years__
mark improvements 5 years
t3UB TOT i L _ M
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.
Signature of Sub eider
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal . )
Dote: , .
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