HomeMy WebLinkAbout830133.tiff B 104)1 f' 01933092 07/11 /03 15 : 7 30.00
F 1576 lOra ANN FEUERSTEIN CLERK & CORDER WELD) CO, GO
Aft1933O9d
RESOLUTION
RE: APPROVE PARKLAND ESTATES SUBDIVISION ESCROW AGREEMENT
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 May 9 , 1983, the County Attorney presented to
the Board of County Commissioners Parkland Estates Escrow Agreement
which contained directions to the escrow agent, the United Bank of
Broomfield in Account No. 803-06-2 , and
WHEREAS, said agreement sets forth that Parkland Associates ,
Incorporated is obligated to complete all the improvements in said
subdivision, it recites that an account has been established, which
totals $26 , 053 . 97 currently, which covers two lots that have been
sold, there are ten properties which bear a $10, 000 obligation to Weld
County, and four properties on which the entire amount has been
pledged to Weld County in a sum not to exceed $280 , 000 , and
WHEREAS, the agreement provides that no funds nor accrued
interest in Account No. 803-06-2 covered by this escrow agreement shall
be withdrawn without the signatures of an authorized representative
of Parkland Associates, Inc. , and the Chairman of the Board of County
Commissioners of Weld County, Colorado, and
WHEREAS, the County Attorney stressed that Weld County does
not waive its right to foreclose on said properties, and
WHEREAS, the Board deems it advisable to approve the
Parkland Estates Escrow Agreement, said instrument being attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of Weld County, Colorado that the Parkland Estates Escrow
Agreement as presented by the Weld County Attorney be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is, authorized to sign said agreement.
BE IT FURTHER RESOLVED by the Board that the Chairman be ,
and hereby is, authorized to sign the savings account depositor ' s
830133
kJ 1001 REC 0193,3092 07/11 /83 15 : 22 $0..00 ,/008
' F 1 ..ti70MARY ANN FEUER2 7EIN f L_ERK• RECORDER WELD CO , CO
Page 2 .
RE: PARKLAND ESTATES SUBDIVISION ESCROW AGREEMENT
contract and signature card as specified in said Parkland__:
Estates Escrow Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 9th day of
May, A. D. , 1983.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EXCUSED
Chuck Carlson, Chairman
J Martin, Pro Tem
ene Brantner
Norman Carlson
Ja cqu ine J son
ATTEST: 'Ma Q�
Weld County Cl rk and Recorder
arid- C e\rk fro the Board
BY:: y k �r ��
Deputy COunt Clerk
APP VED AS TO FORM: j
County Attorney
DAY FILE: May 11, 1983
B 1 001 REC:: 01933092 07/11 /83 15 : 22 30.00 3/008
1578 MARY ANN f EUERSTE:IN CLERK & RECORDER WELD CO, CO
WELD COUNTY - PARKLAND ESTATES ESCROW AGREEMENT
TO: United Bank of Broomfield
2 Garden Center
Broomfield, Colorado 80020
THE UNDERSIGNED herewith submit escrow instructions which
constitute an agreement between PARKLAND ASSOCIATES , INC. ,
hereinafter referred to as "PARKLAND, " and THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO, hereinafter referred to
as "WELD , " wherein said parties agree as follows:
On September 19 , 1977 , a Subdivision Agreement was entered
into by and between "PARKLAND" and "WELD, " wherein certain
properties were pledged by "PARKLAND" to secure the performance
of the terms of said Subdivision Agreement wherein "PARKLAND , "
among other things, agreed to pave all streets and cul-de-sacs
within the Parkland Subdivision located in the North Half of
Section 8 , Township 1 North of Range 68 West of the 6th P.M. in
Weld County, Colorado. A photocopy of the Subdivision Agreement
and amendments thereto, and the Deed of Trust executed pursuant
thereto are attached herewith and marked Exhibit "A. "
It is recited by the parties hereto that there is now on
deposit in the United Bank of Broomfield in Account No. 803-06-2
the sum of TWENTY SIX THOUSAND FIFTY THREE DOLLARS AND NINETY
SEVEN CENTS ($26 ,053 . 97) , Ten Thousand Dollars ($10 ,000 . 00) of
which was deposited on March 8 , 1983 , following the sale of Lot
25 , Block 2 , and Sixteen Thousand and Fifty Three Dollars and
Ninety Seven Cents ($16 ,053 . 97) of which was deposited on April
25 , 1983 , following the sale of Lot 49 , Block 2 . Interest
accrues on this escrow account at the rate of FIVE AND ONE
QUARTER PERCENT (54%) per annum.
The following properties are hereby recited to be covered by
this Escrow Agreement:
Lot 1 , Block 1 $ 10 ,000 . 00
Lot 23 , Block 1 $ 10 ,000 .00
Lot 2 , Block 2 $ 10 , 000 . 00
Lot 4 , Block 2 $ 10 , 000 . 00
Lot 10 , Block 2 $ 10 , 000 .00
Lot 11 , Block 2 $ 10 ,000 . 00
Lot 15 , Block 2 $ 10 ,000 .00
6
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F 1579 NARY ANN I'EUERS71::::I:N CLERK & RECORDER WELD CO, CO
Lot 16 , Block 2 $ 10 ,000 .00
Lot 3 , Block 4 $ 10 ,000 . 00
Lot 5 , Block 4 $ 10 ,000 . 00
Additionally, the Deed of Trust recorded in Book 847 ,
Reception No. 1769380 , in the office of the County Clerk and
Recorder of Weld County, Colorado, covers the following lots in
the following amounts :
Lot 4 , Block 1 $280 ,000 . 00
Lot 12 , Block 1 $280 ,000 .00
Lot 21 , Block 1 $280 ,000 . 00
Lot 22 , Block 1 $280 , 000 . 00
It is agreed by and between the parties to this Escrow
Agreement that no funds or accrued interest in Account No.
803-06-2 covered by this Escrow Agreement shall be withdrawn
without the signatures of an authorized representative of
Parkland Associates, Inc. , and the Chairman of the Board of
County Commissioners of Weld County, Colorado.
Nothing in this Escrow Agreement shall be construed to
prohibit the forced withdrawal of any funds herein by the Board
of County Commissioners of Weld County, Colorado, pursuant to the
terms of the Subdivision Agreement and amendments thereto and the
terms of the Deed of Trust hereinbefore referred to and any other
legal rights that the Board of County Commissioners of Weld
County, Colorado, may have in the event of the default on the
part of Parkland Associates , Inc. , pursuant to the obligation to
complete the improvements on the Parkland Subdivision.
This Agreement signed and executed on the date set forth
opposite each signature.
PARKLAND ASSOCIATES , INC.
Date: � /�_ By: ,9{AL Llia• �//�;y v/
Donald Mobley
,J
Route 2 , Box 646
Broomfield, CO 80020
(303) 666-6092
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B 1 001 RE:C 01 933092 07/11 /83 15 : 22 $0..00 5/0013
F 1580MARY ANN FEUERSTE:TN CLERK & RECORDER WELD CO, CO
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
O-111
Date: 7� I ' ` 3 By:
Ceiuck Carlson, Chairman
P. 0. Box 758
Greeley, CO 80632
(303) 356-4000 ext. 4200
ATTEST: !f ./7 ,r1 ^r.v\--(1 4;:•J,+ sa'✓
Weld County Clerk and Recorder
and Clerk to the. Boar
Date" ' 'fic 1 �BY• ✓ >v Lf
Deputy oun C rk
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Deposit Account and lowing Instructions •
Customer Name Parkland AssoCiat_es , Inc .
Account Name (if other than Customer's Name) _ Parkland Associates_, Inc .
Account Number(s) 803-06-2 . Tax tD or Social Security Na 840-76-4391
Deposit Account and Borrowing Instructions to
United Bank of Broomfield , CO 80020
The following information is delivered to the above bank("Bank")to induce Bank to open and maintain checking and/or savings accounts("Accounts")a
otherwise transact business with the undersigned customer("Customer"). Customer understands that Bank will rely on this information in its dealings wit
or on behalf of Customer and certifies that the information below is true and correct
I. Customer's Legal Name:
Name Parkland Associates__Inc .
Address Route 2 box 646 Broomfield , CO 80020
2. Type of Organization:
,7( Profit Corporation O General Partnership ❑ Limited Partnership ❑ Unincorporated Association
❑ Nonprofit Corporation O Joint Venture ❑ Sole Proprietorship
3. Assumed or Trade Name:
It Customer uses an assumed or trade name,other than its name, in the operation of its business,please list it below and,if Customer wants the
Accounts established under such name rather than its official name,so indicate.
Assumed or Trade Name
Special Instructions
4. Deposit Account Authority:
Any(one,two,etc.)2 of the following persons is authorized to endorse items for deposit or cash or to sign items ordering withdrawal
from any of the Accounts.(If special instructions, please write them below.):
Name(print) Title Specimen Signature 1
D . A . Mobley President /12
�
Ralph Newman Secretary
John Chuck Carlson Chairman Board of
County Commissioners
Weld County
If checked here ❑,facsimile signatures may be used by such persons.(See above specimen sample.)
Special Instructions
5. Borrowing Transactions Authority:
Any(one.two.etc.) of the following persons is authorized on behalf of Customer to borrow,encumber its assets or guarantee the
obligations of anyone else. (If special instructions, please write them below.):
Name (print) Title Specimen Signature
Special Instructions
• E:t ,1 E;E::r:: 01 < : ; ?9 2 07/ i4 /b5 : 2 230.00 7/008
Customer Agrees That: I:: 1 ......? MARY AWN E E UI:::R: TLIN CLERK & RECORDER WEI...- GO, CO
I Bank is authorized to honor all items drawn on any of the Accounts when signed in accordance with the instructions
contained in paragraph 4, including items drawn to bearer, cash or to the individual order of any person whose name
appears thereon as signer. Bank is authorized to accept for deposit or for cash items presented by Customer or others
bearing Customer's endorsement. Such endorsement can either be in writing or by stamp and need not designate the
person so endorsing. The Bank may accept the signature of any person named in paragraph 4 as an adequate
endorsement of Customer even though no representative capacity is shown. It facsimile signatures are authorized,
Customer acknowledges full responsibility for the use of actual or purported facsimile signatures of the person or
persons named and for payments made by Bank in reliance thereon, which payments may be charged to Customer,
regardless of by whom or by what means the actual or purported facsimile signatures are affixed, if they resemble the
facsimile specimens on file with Bank.
II Bank is authorized to lend to Customer in accordance with the instructions contained in paragraph 5 and the persons
named therein may execute and deliver notes, loan agreements and obligations of every kind evidencing indebtedness,
including guarantees, and may endorse, assign, hypothecate, pledge, mortgage and otherwise encumber Customer's
assets as security for repayment of Customer's obligations to Bank or those of others to Bank.
III These instructions and the terms and conditions of(a) any signature card respecting the Accounts and (b) Bank's
written rules and regulations from time to time in force governing the Accounts, including those relating to Bank's fees
and charges, shall constitute a contract between Customer and Bank. These instructions shall supersede any
instructions previously applicable to the Accounts and shall continue until written notice terminating or modifying them
is received by Bank, and Bank has had a reasonable period of time in which to note any changes on its records.
IV Each of the persons named above has been duly elected or is otherwise duly qualified and presently holds the stated
office, title or position. The signatures appearing on these instructions and on any signature cards delivered to Bank are
genuine.
V Customer has taken all action under its organizational documents, including the passage of resolutions by its board of
directors, trustees or other governing body, required to grant the above instructions and to carry out the terms and
conditions of this contract. The instructions will not violate the terms of any agreement now or in the future governing
Customer's conduct. The individual or individuals executing this document on behalf of Customer have full authority to
do so.
Dated: new sig cards
Customer:
Parkland Associates, Inc . Escrow Acct
/2 A"
Corporate President /
Seal Title:
(1)By
Title: Secretary
(1)By
Title:
(1) If Customer is a corporation, secretary and president should sign and the corporate seal should be affixed.
If Customer is a general partnership, limited partnership or joint venture, all general partners or parties to the
venture should sign.(Unless partnership or joint venture agreement specifically provides to the contrary).
If Customer is a sole proprietorship, sole proprietor should sign.
If Customer is an unincorporated association, chief executive officer should sign.
•
kl 1001 RFC 0193 3092 07/11if3 3 15 : 22 $0..00 8/003
F 1583 MARY ANN FE:UFRXTEIN CLERK & RECORDER Wl::Ll) CO, CO
Acct Name Inc .
No. 803-06-2 Parkland Associates , I n C .
Dated
new sig cards Escrow Account
By signing this card you signify that the information on the application is true and complete and that you accept
the terms of the deposit contract on th reverse side. C
--,& v B :ta -
Type$1 of 0 INDIVIDUAL 0 PARTNERSHIP 0 SOLE PROP. SIGNATURES
o Account: 0 JOINT 0 CORPORATION OTHER REQUIRED
Route 2 Box 646 Phone
Address Ss*
Broomfield , CO 80020 A" 8/(0-76-4391
a Previous Banking Connection, SS*
References,etc. B
Drivers
License No.
Occupation Employer
Phone
Employer
Employer
AddressInitial . Description Opened
s Deposit of Deposit By
d-'j w
SAVINGS ACCOUNT: UNITED BANK OF BROOMFIELD
Broomfield,Colorado
DEPOSITOR'S CONTRACT&SIGNATURE CARD
R''' l{ , ',,4 I:I:=f' 01 '24(.04 A Oq 'f',3 lo lo liciwi
f - Per tot F 1 : 71 (WRY ANN FI:.HERSHI IN CLERK RI CCIRDI::R WELD CD , Co
RECORDER'S STAMP
I KNOW ALL MEN By Till ESE PRESENTS, That, Whereas,
PARKLAND ASSOCIATES, INC. , as Nominee,
of by Deed of Trust
dated the day of August , 19 78 ,
and duly recorded in the office of the County Clerk and Recorder
of the County of Weld , in the
State of Colorado, on the 11 day of October , 19 78 ,
in Book 847 at Page (film No. ,
reception No. 1769380 )• conveyed to the Public Trustee
in said Weld County, certain property in said '
Deed of Trust described in trust to secure to the order of
AN ESCROW ACCOUNT, c/o KAY NORTON
the payment of the indebtedness mentioned therein.**NOTE: There was an amendment to the
a orementioned deed of trust recorded February 25, 1980, in Book 896 at Reception No. 81;
AND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust have
been partially satisfied
NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said Deed
i of Trust, and in consideration of the premises, and in further consideration of the sum of tT --=
Dollars to mein hand paid, the receipt whereof is hereby acknowledged,I,as the
Public Trustee in said County, do hereby remise, release and quit-claim unto the
present owner or owners of the property hereinafter described and unto the heirs, successors and
assigns of said owner or owners forever, all the right, title and interest which, I,as such
Public Trustee have in and to that part and portion of the property, set forth and described in the
aforesaid Deed of Trust, described as follows, to wit:
Lot 49,
1 Block 2, Park Land Estates according to the recorded plat thereof.
I
I
I situate,lying and being in the County of Weld and
State of Colorado.
I
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appur-
tenances thereto belonging forever. And further, that, as to the above described property, the said
• Trust Deed is to be considered as fully and absolutely released,cancelled
and forever discharged.
Witness my hand and seal this >` Cra3C of ,19 g3•
C---s a---v.—e.------ ./� 7 c.- c(SEAL)
A.the Pu,1e Trustee In.said County of
STATE OF COLORADO,
ss.
County of Weld
The oregoing instrument was acknowledged before me this 02S- 4 day of
. 19 f3, by ANNE D. NYE
as the Public Trustee in the said
County of Weld ,Colorado.
r4y olnrpissiim,expires My Commission Ex Tres Ana.81,1988
,....,, �f id
sal`/—/—/
1 Wit;nesail�-�Ir and Official seal,
a C /• ' ` CO 80637 Nolan Public.
N
/�U 4\-\ e 1 U20 9th Stre Greelfiq,
To floe-colllic TrtVe.Sn said County of Weld •
' e Cr CO\" ,:
Please'•exeetite this release, the indebtedness secured by the above mentioned Dced of Trust
having been partially paid and satisfied.
Ihoid.r of the Indebtedness secured by..id Deed of Trust.
Chuck Carlson, Chairman
Board of County Commissioners
Weld County, Colorado
•In counties where book and page numbers have been abolished.
No.927. PARTIAL RCL[ABR OF DEED 07 TRUBT ST lilt PUBLIC
P°
lfLICT'=h n• Ca., IaN It Stout $tr.et. D Colorado —::lit
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SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this 19th day of September,
1977, by and between the County of Weld, Colorado, acting through its
Board of County Commissioners, hereinafter called "County" , and
Park Land Estates , Inc. , 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:
See Exhibit "C" which is by reference made
a part hereof as though set forth herein
VERBATIM.
WHEREAS, a final subdivision plat of said prpperty, to be known
as Park Land Estates has been submitted to the County for approval ; and
WHEREAS, Section 11-1 of the Weld County Subdivision Regulations
provides that no final plat shall be approved by the Board of County
Commissioners until the Subdivider has submitted a Subdivision Im-
provements 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
profiles , 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
construction 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
documents 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.
3.2 Subdivider shall employ, at its own expense, a qualified
testing company previously approved by the County to
perform all testing of materials or construction that
is required by the County; and shall furnish copies
of test results to the County.
3. 3 At all times during said construction, the County shall
have the right to test and inspect or to require
reasonable testing and inspection of material and work
at Subdivider' s expense. Any material or work not
conforming to the approved plans and specifications
shall he removed and replaced to the satisfaction of
of the County at Subdivider' s expense.
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1l3l%:)3U
,„.9 r
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
construction, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reason-
able 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
compliance with the following procedures by the Subdivider, streets
within a subdivision may be accepted by the County as a part of the County
road system and will be msirtained 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
construction on lots for which street improvements detailed
herein have been started hut not completed as shown on
Exhibit "B" , and may continue to issue building permits so
long as the progress of work on the subdivision im-
provements throughout the development is satisfactory to
the County; and all terms of this Agreement have been
faithfully performed by Subdivider.
1'7;30>930
7/-
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 deficiencies. The
County Engineer shall reinspect the streets after notif-
ication 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
maintenance 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 Commissioners shall accept such streets as
public facilities and County Property, and shall be
responsible for the full maintenance of such streets
including repair.
6. In addition to those items of work shown either on the final
working drawings/specifications , or on the final plat or on the final
Unit Development Plans Subdivider shall cause the following matters to
be completed as an integral part of the improvements to be installed
at Subdivider' s cost:
6. 1 The Erie Coal Creek Ditch shall be fenced on both sides
with a six foot chain link fence to be completed before
the issuance of any building permits , and shall include
two gates at each end located at County Road 3 and County
Road 12.
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1730930
6.2 The Concrete Ditch Drainage structures as shown on the
final plat shall be installed after the 1977 irrigation
season and before the beginning of the 1978 season.
6.3 A 200,000 gallon water storage tank, as shown on the
final plat, shall be installed before any certificate of
occupancy shall be issued.
6.4 All water mains and fire hydrants shall be installed before
a certificate of occupancy is issued for a home to be
served by said main and hydrant.
6.5 There shall be Piping of the Smith Conklin Lateral , if
agreed upon between Park Land and the Smith Conklin
Lateral owners .
6.6 Street(s) shall be paved within a maximum of one year
after the issuance of the first certificate of occupancy
for a house on that particular street.
6.7 Subdivider will purchase liability insurance in amounts
of not less than $500,000 per individual person,
$1 ,000,000 per occurence and $50,000 property damage for
the Erie Coal Creek Ditch Company.
6.8 It is agreed that the homeowners association will be
formed within two weeks after approval of the final plat,
and that a representative of the Erie Coal Creek Ditch
Company shall be a member of the Board of Directors for
a period of two years. In addition, all correspondence
between Subdivider and the ditch companies shall be sent
to the president of the ditch company.
7. 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
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• •
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.
8. 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 pulic use for parks, greenbelts or schools, other than
subdivision streets and utility easements designated, in accordance with
one of the following alternatives, or as specified in the PUD plan, if
any:
8.1 The required acreage as may be determined according to
Section 8-15-B of the Weld County Subdivision Regulations
shall be dedicated to the County or the appropriate
school district, for one of the above purposes. Any
area so dedicated shall be approved by the County or
school district, and shall be maintained by the County
or school district.
8.2 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 within the subdivision.
8.3 In lieu of land, the Board of County Commissioners may
require 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.
9. Successors and Assigns : This Agreement shall be binding upon the
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a., 1'730:_3(.
i
heirs , executors, personal representatives, successors and assigns of
the Subdivider, and upon recording by the County, shall be deemed a
convenant 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
COUNTY, COLORADO ;/
a. a, /2
ATTEST: I' 1 i;tn"tt
Weld County Clerk and Re rder
-and Clerk to the Bard ' � �
By: 0(?). �n (�. i\/\ 1 /JlJ._/�a/
Depu'ty County Clerk
APPROVED Kt TO FORM:
County Attorney
SUBDIVIDER:
• /fat PA teni es
B31: 7:-/C. di? c / r y-. Leh 123n
(title)
Subscribed and sworn to before me this /6 Y' day of a*„,, j,1977.
My commission expires: 33 /fl7
ji \\ TAR)" .� Newry blic
:•,PoDOClc)
•...... `_
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EXHIBIT "Fl"
Name of Subdivision: Park Land Estates
Filing: Nl/2 , S8, TIN, R68W
Location:
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 grading , , $ 0.60/S.Y. $ 42 420.00
Street base I varies 1167 ,811 .00
' . Street paving varies 1132 ,447.00
i . Curbs , gutters , and culverts varies 1131 ,281 .00
Sidewalks
. Storm Sewer facilities I
• Retention ponds • '
•
I Ditch improvements 5.00/L. F. . 13 ,750.00
Sub-surface drainage
I 5a i nary sealers _
• Trunk and forced lines
Mains
Laterals (House cony-)
On-site Sewage faciiities 150,700.00
'0n-site Water supply and storage
' Water mains 191 ,870.00
, Fire hydrants 20,800.00
Survey & street monuments & boxes 100.00/ea. 3,300.00
Street lighting_
Street name signs & stop signs . 14.00/ea. f 1 ,400.00
• • Fencing rectiregents 6.00/ea. • 51 ,900.00
I LanEdapino , ^I
1 • 'Park improvements
—' $9U5, t /9:DU
• St13 TOI(1L
Engineering and Supervision Costs 10",S :.__. i_ 90t818_00• __.__ ___
(testing , inspection , as-built plans and work in addition to preliminary
and final plat; supervision of actual construction by contractors )
,1 701AL ESTIMATED COST or IMPROVEMENTS AHD SUPL'RVISIOD $998,997.00• _ .
the above ilaprnvemrnL!t shall be constructed in accordance with a I Cuullly
requirements and specifications , and conformance. with this provision shall
be determined solely by Weld County , or its duly authorized agent.
I
Said improvements shall be completed according to the construction schedule
set out in Lx14.K "R"ri,
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• • 1730930
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EXHIBIT "B"
Name of Subdivision : Park Land Estates •
Filing:
Location: _ N 1/2 , S . 8 . T • 1 N . , a_ 6(2 {y,
Intending to be legally bound , the undersigned Subdivider hereby agrees to •
construct the improvements shown on the final subdivision plat of
•
Park Land Estates Subdivision, dated • , 19 ,
. Recorded on , 19_, in Book _, Page No. __ , Reception
No. , and listed cm Exhibit "A" of this Agreement, according to
•
the following schedule.
•
All improvements shall be completed within 3 years from the date of
approval of the final plat. •
Construction of the improvements listed in Exhibit "A" shall be corn-
pleted as follows: - •
(Leave spaces blank where they do not apply.) -
Improvements Time for Completion
Street grading • 36 months
• Street base • I "
Street)avinc Maximum of 1 • yr after first rrrti •Ficat
• Curbs gutters . and culverts ' '. °c.cupa
Sidewalks •
Storm Sewer facilities
Retention ponds
Di tch improvements''`
Sub-surface oralnage
—
. Sanitary sewers
Trunk and forced lines I
Mains 1 —
. Laterals house cone)
On-site Sewage facilities
. ' On-site 'Water supply and. storage ( Before issuance of certificate of occt
water mains same
Fire hydrants same
Survey Cs & boxes 36 mos .
•
Street 1 i btinn
Street name skills 36 mos .
Fencing r-enuii•emellcs IBetore issuance of bldg . permits
. Lan(iscapinc
3b mos .
Park imprrvo:_nts •
_
• SUIT T01ikL I_
'concrete ditch drainage structures to be completed after 1977 irri;
1 before the beginning of 197S season .
Inc`Board of County Commissloilers , at its opti on , and upon the request by the
Subdi vider, may grant 'an extension of time for completion for any particular
improvement shown above, upon a showing by the Subdivider that the above
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EXHIBIT "B"
Lots 1 and 23 , Block 1;
Lots 2, 3 , 4 , 8 , 11, 15 ,
16, 24 , 48 , 49 , Block 2;ill Lots 1 and 6 , Block 3 ; and
Lots 3 and 5, Block 4 ,
PARK LAND ESTATES
according to the recorded
plat thereof.
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EXHIBIT "C"
Lots 3, 48 and 49, Block 2;
and Lots 1 and 6 , Block 3 ,
PARK LAND ESTATES
according to the recorded
plat thereof
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