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Home My WebLink About860542.tiff RESOLUTION RE: AUTHORIZE CHAIRMAN TO SIGN AGREEMENTS AND COVENANTS NOT TO SUE FROM VARIOUS OWNERS OF LOTS IN ANTELOPE HILLS SUBDIVISION, FIRST AND SECOND FILING 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, an Agreement and Covenant Not to Sue was mailed to the owners of lots located in Antelope Hills Subdivision, First and Second Filing, Weld County, Colorado, and WHEREAS, said documents have been returned to Weld County for execution by the Chairman of the Board of County Commissioners , a list of those owners having signed the Agreement and Covenant Not to Sue is attached hereto and incorporated herein by reference, said list marked as Exhibit "A" , and WHEREAS, after study and review, the Board deems it appropriate to authorize the Chairman to sign said documents. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Chairman be, and hereby is, authorized to sign the documents entitled, Agreement and Covenant Not to Sue, as received from the various landowners. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 4th day of June, A.D. , 1986. n t ��iil-ai i BOARD OF COUNTY COMMISSIONERS ATTEST: � M WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board J:cque ' rane/` n o , Chairman `Owci0,c_.r-rt.! 17-4- ,CAJ G• ••,t✓: La r , - o-Tem D puty County Cle APPROVED AS TO FORM: ene R. Brantner EXCUSED DATE OF SIGNING - AYE C.W. Kirby County Attorney Fra Yamagu 860542 EXHIBIT "A" Steven Alan and Juanita Ann Clark Harry W. and Maria W. Poos George D. and Kristin D. Walker David S. and Karen G. Woronoff Ronald W. Rutz Joseph Charles Borla, Jr. and ChrisAnn Borla David 0. and Diane L. Gutierrez John M. and Anne L. Merkley Timothy E. Phagan Harold Wayne and Janet C. Smith Keith A. and Karen M. Trusler Jeffrey G. and Nancy J. Manuel Gerard and Geraldine R. Brodzinski Paul M. and Glenda S. Rhodes Richard and Barbara W. Hergert Dwayne and Jeri Scheere Paul Henderson Dale T. and Connie S. Winder Christopher M. and Peggy J. Tometich Jerry W. and Cynthia D. Howell Margie A. Walker Sheldon R. and Brenda L. Stroman Harold W. and Irene J. Drieth G. John and Sherron A. Brunner 860542 AR20b1974 AGREEMENT AND COVENANT NOT TO SUE THIS AGREEMENT AND COVENANT NOT TO SUE, executed on C- 1986 , �,c-�e�rcJ ae--CLf� (VS d A and of 67>.3 / c.a.gge gym.4- , City o 0 of U7iL , County of W ld, State of Colorado, herein referred to as "Covenantors, " to WELD COUNTY, by and through the o Board of County Commissioners of the County of Weld, State of v Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter a • as "County. " ow 0 3 Parties agree that certain internal road improvements o a including 2-inch thickness paving 24 feet in width on a 30-foot `" z wide, 4-inch crushed rock base should have been accomplished by • the developer following approval of the First and Second Filing of U Antelope Hills Subdivision. County agrees that it was the ✓ a original intent of the developer and the County to have the roads ;; ,3 built to County standards and accepted by Weld County for maintenance and that it continues to be the County' s intent to w accept the roads within Antelope Hills, First and Second Filing, ,,, r1for County maintenance once the improvements set forth in the coo Petition to create the Antelope Hills Weld County Local M z Improvement District have been accomplished. Parties further CV w agree that there are currently general drainage problems in the &I Subdivision beyond those problems associated with run off from z roadways. mi rn w The parties agree that there is the sum of approximately $15 , 740. 00 which is currently held in escrow by Weld County from e• z funds collected from the developer for the purpose of road N < improvement, which funds would be available for road improvements w z• regardless of the existence of this Covenant. In consideration of the commitment by County to contribute .-, o the sum of $15 ,000. 00 to the Antelope Hills Weld County Local 2 Improvement District No. 1986-1 , which commitment to pay is hereby -+ o acknowledged, and other good and valuable consideration, oak., Covenantors and County covenant and agree as follows: SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, costs, and loss of services , expenses, or compensation for or on account of any Page 1 of 3 Pages damage , loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present, or future , arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the taking or release of the security for subdivision improvements, any inadequacy of drainage plans , the approval of the settlement with Daniel Robert Ponton, or any other purported failure by the County to require drainage facilities or paving of the roads shown Rio upon the Antelope Hills Subdivision, First and Second Filing, o U recorded at Book 648 , Reception Numbers 1570391 and 1570392 respectively in the records of the Weld County Clerk and Recorder. NO U Ca a SECTION 7I. - PAYMENT NOT AN ADMISSION ow o • It is understood by Covenantors that the payment hereunder is CC �O,,.W for compromise of a doubtful and disputed claim, and it not be • construed as an admission of liability on the part of the County, o by whom liability has been expressly denied. U W w SECTION III. - RESERVATION OF RIGHTS Covenantors expressly reserve all rights of action, claims , and demands against any and all persons other than County. This CO• U instrument incorporates a Covenant not to Sue and not a Release. mz N H W 0 0 CO SECTION IV. - BINDING EFFECT OF COVENANT •zr This Covenant shall inure to the benefit of County, its • w officers , agents , employees , and assigns . It shall bind Covenantors , their spouses , their heirs , assigns , and any legal o representatives. 0 SECTION V. - ENTIRETY CLAUSE " el This instrument reflects the entire agreement and covenant Nrl between Covenantors and County, and no statements, promises , or '-10 inducements made by Covenantors or any agent of Covenantors that m w are not contained herein shall be valid or binding. SECTION VI. - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages riO 0 0 en O U A a 0 3 SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT • 0 w This Covenant and Agreement shall be binding and take effect a upon the action of the Board of County Commissioners as ex officio U Board of the Weld County Antelope Hills Local Improvement District ww No. 1986-1 approving the final plans and specifications for the project except that Covenantors temporarily retains the right to .. 0 sue County based upon a claim that the work authorized under Weld w County Antelope Hills Local Improvement District 1986-1 has not w been performed to Weld County' s specifications and has not been 1/404 accepted by Weld County for maintenance. At such time as the co c.) roads have been accepted for maintenance , the covenants herein N H shall become binding for all causes of action as recited in H Section I . This shall not constitute any admission of liability r-- 0U) on the part of the County for any failure to see that work is performed according to County standards . •cra CA W IN WITNESS WHEREOF, Covenantors have executed this Agreement Z and Covenant at , the day and a z year first above written. c‘a0 a W� COVENANTORS: N r 7 W G4 SUBSCRIBED AND SWORN to before me this �� day of „wpm, 4, , 19 1 . Ao"` ...---^:; :f TNESS my hand and official seal. •4121- r%V) 8k to .t 4 p-o `'l°mamas T. CL._rza r� f; ,_1 .\' o Notary Public 7.9 /o` 9 MT commission expires : . �rrrnn:., ' My COmeinsion expires Aug. 23. 1989 _ 3404 E ➢iemwny-Rd. BOARD OF COUNTY COMMISSIONERS ATT Fort 0:k7. �52 WELD COUNTY, COLORADO er lerk and Recorder By� �� nr it the Bo d J cRue ne J son, Chairman r:D ktir • ounty erk sty r,,?C.c. ._,_ 1 a Page 3 of 3 Pages AR2061`i75 AGREEMENT AND COVENANT NOT TO SUE THIS AGREEMENT AND COVENANT NOT TO SUE, executed on , 1986 , by Henry W. Poos and Maria W. Poos _ cno of 506tH C't r ROA -i) , City ou of (it//J/ .5 /)f , County of Weld, State of Colorado , herein referred to as "Covenantors, " to WELD COUNTY, by and through the r o Board of County Commissioners of the County of Weld , State of Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter A as "County. " oW Parties agree that certain internal road improvements a c4 0.43 including 2-inch thickness paving 24 inches in width on a 30-foot 2 wide , 4-inch crushed rock base should have been accomplished by O the developer following approval of the First and Second Filing of w Antelope Hills Subdivision. County agrees that it was the coz original intent of the developer and the County to have the roads 4. o built to County standards and accepted by Weld County for maintenance and that it continues to be the County' s intent to a accept the roads within Antelope Hills, First and Second Filing, w .i for County maintenance once the improvements set forth in the Petition to create the Antelope Hills Weld County Local M z Improvement District have been accomplished. Parties further Hagree that there are currently general drainage problems in the o w Subdivision beyond those problems associated with run off from • roadways. Lo rn w The parties agree that there is the sum of approximately e z $15 , 740 . 00 which is currently held in escrow by Weld County from o z funds collected from the developer for the purpose of road C•1 improvement, which funds would be available for road improvements a regardless of the existence of this Covenant. a In consideration of the commitment by County to contribute ti ai the sum of $15 , 000. 00 to the Antelope Hills Weld County Local Nip Improvement District No. 1986-1 , which commitment to pay is hereby '-' o acknowledged, and other good and valuable consideration, co Covenantors and County covenant and agree as follows : SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action , or cause of action for damages , costs , and loss of services , expenses , or compensation for or on account of any ;w Page 1 of 3 Pages damage , loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present , or future, arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the taking or release of the security for subdivision improvements , any inadequacy of drainage plans , the approval of the settlement with Daniel Robert Ponton, or any other purported failure by the County to require drainage facilities or paving of the roads shown ,,, p upon the Antelope Hills Subdivision, First and Second Filing, o U recorded at Book 648 , Reception Numbers 1570391 and 1570392 respectively in the records of the Weld County Clerk and Recorder. N U Ca SECTION II . - PAYMENT NOT AN ADMISSION ow 03 It is understood by Covenantors that the payment hereunder is o w-N for compromise of a doubtful and disputed claim, and it not be construed as an admission of liability on the part of the County, o by whom liability has been expressly denied. U co C4 SECTION III. - RESERVATION OF RIGHTS rig Covenantors expressly reserve all rights of action, claims , a and demands against any and all persons other than County. This instrument incorporates a Covenant not to Sue and not a Release. mz N H \ o co SECTION IV. - BINDING EFFECT OF COVENANT a This Covenant shall inure to the benefit of County, its al 4,w officers , agents , employees , and assigns . It shall bind t z Covenantors, their spouses , their heirs , assigns , and any legal o z representatives . 0 aSECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant N ri between Covenantors and County, and no statements , promises , or ~ inducements made by Covenantors or any agent of Covenantors that aow are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT This Covenant and Agreement shall be binding and take effect upon the action of the Board of County Commissioners as ex officio Board of the Weld County Antelope Hills Local Improvement District No. 1986-1 approving the final plans and specifications for the project except that Covenantors temporarily retains the right to sue County based upon a claim that the work authorized under Weld no County Antelope Hills Local Improvement District 1986-1 has not o o been performed to Weld County' s specifications and has not been co o accepted by Weld County for maintenance. At such time as the roads have been accepted for maintenance , the covenants herein [a shall become binding for all causes of action as recited in w Section I . This shall not constitute any admission of liability e c 3 on the part of the County for any failure to see that work is e x performed according to County standards. V}al 2 IN WITNESS WHEREOF, Covenantors have executed this Agreement U and Covenant at ‘.4(4., ,4A4) 'nay) ,Qa �� ng [f>,; �,,,` , the day and w year first above written. co w •• w ti � a COVENANTORS: ko N H \w o vEi SUBSCRIBED AND SWORN to before me this , ` 0 "'/, w • `72'?Q� , 19 g6, o ,.......• o: 'a • w , ' 0)7 u� y, rnr*. WITNESS my hand and official seal. -c,3c 2 : a u a Notary P b11 ,,' 4 i213' w n! My commission expires : 6_/4f- 5/7 ti ti ~ :;` •\ BOARD OF COUNTY COMMISSIONERS m w ATTEST:�I k WELD COUNTY, COLORADO Weld .� 3erk a 'Recorder By• ,, ,\ and C F+-+ ' f.he B• . a Ja cue ' ne o son , Chairman • D "4d erk Page 3 of 3 Pages AR2061976 AGREEMENT AND COVENANT NOT TO SUE THIS AGREEMENT AND COVENANT NOT TO SUE, executed on , 1986 , by George D. Walker no and Kristin D. Walker 00 of , City of , County of Weld, State of Colorado , herein U referred to as "Covenantors, " to WELD COUNTY, by and through the Board of County Commissioners of the County of Weld, State of • Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter o as "County. " airw Parties agree that certain inFt i a -Toad improvements a including 2-inch thickness paving 24 • width on a 30-foot wo wide, 4-inch crushed rock base should have been accomplished by the developer following approval of the First and Second Filing of Antelope Hills Subdivision. County agrees that it was the ti original intent of the developer and the County to have the roads .-, g built to County standards and accepted by Weld County for x• maintenance and that it continues to be the County' s intent to co accept the roads within Antelope Hills , First and Second Filing, v for County maintenance once the improvements set forth in the H Petition to create the Antelope Hills Weld County Local • W Improvement District have been accomplished. Parties further ow agree that there are currently general drainage problems in the Subdivision beyond those problems associated with run off from Lao roadways. r- W mw Z The parties agree that there is the sum of approximately N Z oz $15 , 740 . 00 which is currently held in escrow by Weld County from o funds collected from the developer for the purpose of road improvement, which funds would be available for road improvements W� regardless of the existence of this Covenant. • 1O In consideration of the commitment by County to contribute N -' o the sum of $15 , 000 . 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby w w acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows: SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action , or cause of action for damages, costs , and loss of services, expenses, or compensation for or on account of any Page 1 of 3 Pages damage, loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present, or future , arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the taking or release of the security for subdivision improvements , any inadequacy of drainage plans , the approval of the settlement no with Daniel Robert Ponton, or any other purported failure by the ov County to require drainage facilities or paving of the roads shown N o upon the Antelope Hills Subdivision , First and Second Filing, o recorded at Book 648 , Reception Numbers 1570391 and 1570392 respectively in the records of the Weld County Clerk and Recorder. ON O3 orx SECTION II. - PAYMENT NOT AN ADMISSION yr W OIt is understood by Covenantors that the payment hereunder is u for compromise of a doubtful and disputed claim, and it not be a construed as an admission of liability on the part of the County, Lc" by whom liability has been expressly denied. .. w a SECTION III. - RESERVATION OF RIGHTS 1/40 WV riz Covenantors expressly reserve all rights of action, claims, \W and demands against any and all persons other than County. This instrument incorporates a Covenant not to Sue and not a Release. o co W N. W SECTION IV. - BINDING EFFECT OF COVENANT rnfs, Z This Covenant shall inure to the benefit of County, its ,o Z officers , agents , employees , and assigns . It shall bind o Covenantors, their spouses, their heirs, assigns , and any legal W g representatives. ry + SECTION V. - ENTIRETY CLAUSE o w This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements, promises, or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT This Covenant and Agreement shall be binding and take effect upon the action of the Board of County Commissioners as ex officio Board of the Weld County Antelope Hills Local Improvement District No. 1986-1 approving the final plans and specifications for the project except that Covenantors temporarily retains the right to rh o sue County based upon a claim that the work authorized under Weld o v County Antelope Hills Local Improvement District 1986-1 has not " - been performed to Weld County' s specifications and has not been en e accepted by Weld County for maintenance. At such time as the roads have been accepted for maintenance , the covenants herein A shall become binding for all causes of action as recited in a o al Section I . This shall not constitute any admission of liability on the part of the County for any failure to see that work is o w performed according to County standards . CI 0 IN WITNESS WHEREOFc Covenantors llavc executed this Agreement w and Covenant at IA); no Fi.s o r; L0• , the day and co w year first above written. to .. Ls ri ~ a COVENANTORS: Wk0 I-1 dr 4 ? u COU ja_en Z N H -' 3( 1IL" 1 ) Vim v i Ei +�119� O W SUBSCRIBED AND SWORN to before me this „ c' V) �? 4..1 , 19 n, i.r., �d y� , * : J; r�-Iw WITNESS my hand and official seal. z *�. 1/40Z oz N fC / O (/'LDv W IX 12 No y Public My commiss3 xpires: ter _77-p N N N e-I0 .. litt E, / c.' ,: 14 G. �, t' z ' ,ok;% BOARD OF COUNTY COMMISSIONERS ATTEST; �. � a. A' WELD COUNTY, COLORADO 4 Weld `' ' rk a3Sd Recorder By: _ and Cie d QJ cqu ' ne J h son, Chairman r CY // puty County lerk ieti Page 3 of 3 Pages AR2U61977 AGREEMENT AND COVENANT NOT TO SUE THIS AGREEMENT AND COVENANT NOT TO SUE, executed on , 1986 , by David S. Woronoff o and Karen G. Woronoff o U of , City o of , County of Weld, State of Colorado , herein -IO referred to as "Covenantors, " to WELD COUNTY, by and through the Board of County Commissioners of the County of Weld , State of a Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter o w as "County. " Parties agree that certain internaoad improvements e including 2-inch thickness paving 24C s n w iidth on a 30-foot o wide, 4-inch crushed rock base should have been accomplished by w zU the developer following approval of the First and Second Filing of Antelope Hills Subdivision. County agrees that it was the .. „6 original intent of the developer and the County to have the roads x built to County standards and accepted by Weld County for z maintenance and that it continues to be the County' s intent to tei4 accept the roads within Antelope Hills, First and Second Filing, coo for County maintenance once the improvements set forth in the M z Petition to create the Antelope Hills Weld County Local W Improvement District have been accomplished. Parties further c agree that there are currently general drainage problems in the Subdivision beyond those problems associated with run off from r o roadways. Nw rnw Z The parties agree that there is the sum of approximately 1/4O o $15 , 740. 00 which is currently held in escrow by Weld County from z funds collected from the developer for the purpose of road a improvement, which funds would be available for road improvements w regardless of the existence of this Covenant. a .-1 ON In consideration of the commitment by County to contribute the sum of., ..� $15 , 000. 00 to the Antelope Hills Weld County Local + o Improvement District No. 1986-1 , which commitment to pay is hereby wrT4 acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows : SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action , or cause of action for damages , costs , and loss of services , expenses, or compensation for or on account of any ; -, Page 1 of 3 Pages damage , loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present, or future , arising out of the approval of en o the Antelope Hills Subdivision, First and Second Filing, the o o taking or release of the security for subdivision improvements, any inadequacy of drainage plans , the approval of the settlement NO with Daniel Robert Ponton, or any other purported failure by the v County to require drainage facilities or paving of the roads shown upon the Antelope Hills Subdivision, First and Second Filing, O 3 recorded at Book 648 , Reception Numbers 1570391 and 1570392 respectively in the records of the Weld County Clerk and Recorder. fik• w Ca o SECTION II. - PAYMENT NOT AN ADMISSION U co a It is understood by Covenantors that the payment hereunder is for compromise of a doubtful and disputed claim, and it not be construed as an admission of liability on the part of the County, by whom liability has been expressly denied. to U • 2 SECTION III. - RESERVATION OF RIGHTS • H o m Covenantors expressly reserve all rights of action, claims , and demands against any and all persons other than County. This N 5 instrument incorporates a Covenant not to Sue and not a Release. ✓ w mw o z SECTION IV. - BINDING EFFECT OF COVENANT < a This Covenant shall inure to the benefit of County, its a officers , agents , employees , and assigns . It shall bind Covenantors, their spouses , their heirs , assigns, and any legal representatives. • N H N HI 0 m G, SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements , promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI. - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages SECTION VII. - EFFECTIVE DATE OF COVENANT AND AGREEMENT This Covenant and Agreement shall be binding and take effect upon the action of the Board of County Commissioners as ex officio Board of the Weld County Antelope Hills Local Improvement District M No. 1986-1 approving the final plans and specifications for the OO project except that Covenantors temporarily retains the right to o - sue County based upon a claim that the work authorized under Weld M O County Antelope Hills Local Improvement District 1986-1 has not 0 been performed to Weld County' s specifications and has not been Q accepted by Weld County for maintenance. At such time as the 3 o roads have been accepted for maintenance, the covenants herein o shall become binding for all causes of action as recited in cp w Section I . This shall not constitute any admission of liability on the part of the County for any failure to see that work is p performed according to County standards. 0 W co a IN WITNESS WHEREOF, Covenantors have executed this Agreement I.. ,A and Covenant at liiisJ DSa'C Go,'cx rO 4 the day and ti year first above written. a w ko a co U COVENANTORS: en N H \ w O U) a CII rn 14 w 3 SUBSCRIBED AND SWORN to before me this 0 '`"� day of .-+ `777 ar , 19 f, , o z O4. N r4 WITNESS my hand and official seal. `r ;•` ?�• p103ii '�� 1cl d/ u a mac` H tNotary ubl c -� • "� ? N N ' 0 My commission expires:" biyr7 ,> ..• ., ;t ,,,. BOARD OF COUNTY COMMISSIONERS ATTEST J � WELD COUNTY, COLORADO Y Wel ou 9�le �� d Recorder By \vAn.,--- andF ' 't}ye; rd Ja que ' ne J h son, Chairman e9pflty • lerk Page 3 of 3 Pages AR206I97a AGREEMENT AND COVENANT NOT TO SUE 0 U THIS AGREEMENT AND COVENANT NOT TO SUE, executed on , 1986 , by Ronald W. Rutz -Jo and ✓ of , City O of , County of Weld, State of Colorado , herein ow referred to as "Covenantors, " to WELD COUNTY, by and through the o Board of County Commissioners of the County of Weld , State of 0 % Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter +n.43 R as "County. " O Parties agree that certain internal road improvements o, w' including 2-inch thickness paving 24 inches in width on a 30-foot 'sea wide , 4-inch crushed rock base should have been accomplished by the developer following approval of the First and Second Filing of z Antelope Hills Subdivision. County agrees that it was the ,o4 original intent of the developer and the County to have the roads alc-) built to County standards and accepted by Weld County for M z maintenance and that it continues to be the County' s intent to • w accept the roads within Antelope Hills , First and Second Filing, " E" for County maintenance once the improvements set forth in the a Petition to create the Antelope Hills Weld County Local rzl co o Improvement District have been accomplished. Parties further w agree that there are currently general drainage problems in the CT Subdivision beyond those problems associated with run off from o RZ roadways. N o The parties agree that there is the sum of approximately w $15 , 740 . 00 which is currently held in escrow by Weld County from x funds collected from the developer for the purpose of road ,icv improvement, which funds would be available for road improvements el ti regardless of the existence of this Covenant. � o w w In consideration of the commitment by County to contribute the sum of $15 , 000 . 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows: SECTION I . - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages , costs , and loss of services , expenses , or compensation for or on account of any Page 1 of 3 Pages 72 Lin damage, loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present, or future, arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the en o taking or release of the security for subdivision improvements , 0o U any inadequacy of drainage plans , the approval of the settlement o with Daniel Robert Ponton, or any other purported failure by the U County to require drainage facilities or paving of the roads shown o upon the Antelope Hills Subdivision, First and Second Filing, o WaW recorded at Book 648 , Reception Numbers 1570391 and 1570392 o 3 respectively in the records of the Weld County Clerk and Recorder. o co-W SECTION II. - PAYMENT NOT AN ADMISSION U It is understood by Covenantors that the payment hereunder is for compromise of a doubtful and disputed claim, and it not be construed as an admission of liability on the part of the County, by whom liability has been expressly denied. w COa CO V 2 SECTION III. - RESERVATION OF RIGHTS N H ✓ Covenantors expressly reserve all rights of action, claims , o m and demands against any and all persons other than County. This w instrument incorporates a Covenant not to Sue and not a Release. co Z N w a, w o z SECTION IV. - BINDING EFFECT OF COVENANT Na' This Covenant shall inure to the benefit of County, its um officers , agents , employees , and assigns. It shall bind z Covenantors, their spouses, their heirs, assigns, and any legal mac, representatives. N N N r-1 rl O G. SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements, promises, or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages /-- en 0 o0 0 en U m SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT a 0 3 This Covenant and Agreement shall be binding and take effect o x upon the action of the Board of County Commissioners as ex officio A Board of the Weld County Antelope Hills Local Improvement District X No. 1986-1 approving the final plans and specifications for the 0 project except that Covenantors temporarily retains the right to w sue County based upon a claim that the work authorized under Weld L County Antelope Hills Local Improvement District 1986-1 has not ,_; 'a been performed to Weld County' s specifications and has not been '- accepted by Weld County for maintenance. At such time as the w roads have been accepted for maintenance, the covenants herein m u shall become binding for all causes of action as recited in Section I . This shall not constitute any admission of liability co Z N H on the part of the County for any failure to see that work is NEW., performed according to County standards. ou) W IN WITNESS WHEREOF, Covenantors have executed this Agreement co and Covenant at fe,4 e. J!i4. , the day and G+ year first above written. ri az oz N KC 0 • COVENANTORS: H22o' "v 9 uJ SUBSCRIBED AND SWORN to before me this '.,:):\ day of CD w V\kili , 19 `-, (J, . WITNESS my hand and official seal. .AG,,....RD�,nor+, \ N\-- a` Y, %..( ?. Notary Public C t? 0, _ t o rfssion expires: \ \ t \ . .\o 1/4 ,g (ac : 1 '3.S 7qp • • N ,,' BOARD OF COUNTY COMMISSIONERS A;ji,�ES , WELD COUNTY, COLORADO . Weld 4 and Recorder By:\ a and eryito. rd Ja que'% ne J.h ,son, Chairman ,Iii a e ty Cant ty, lerk ..L J.l,f S 2,/ C ; Page 3 of 3 Pages A206I979 AGREEMENT AND COVENANT NOT TO SUE THIS AGREEMENT AND COVENANT NOT TO SUE, executed on , 1986 , by Joseph Charles Borla, Jr. and Chrisysann BqQr] a o La,: of �,�0( dg� cad (1Y. City o of t aad , County of Weld, State of Colorado , herein ,, o referred to as "Covenantors, " to WELD COUNTY, by and through the o Board of County Commissioners of the County of Weld , State of o Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter el as "County. " og o x Parties agree that certain i MI road improvements including 2-inch thickness paving 24 n width on a 30-foot a wide , 4-inch crushed rock base should hav been accomplished by o the developer following approval of the First and Second Filing of O, a Antelope Hills Subdivision. County agrees that it was the O original intent of the developer and the County to have the roads built to County standards and accepted by Weld County for "' a maintenance and that it continues to be the County' s intent to a accept the roads within Antelope Hills , First and Second Filing, coo for County maintenance once the improvements set forth in the en Petition to create the Antelope Hills Weld County Local N H Improvement District have been accomplished. Parties further N F agree that there are currently general drainage problems in the o co• Subdivision beyond those problems associated with run off from • roadways. oho ✓ w • w The parties agree that there is the sum of approximately o z $15 , 740. 00 which is currently held in escrow by Weld County from N funds collected from the developer for the purpose of road o improvement, which funds would be available for road improvements w regardless of the existence of this Covenant. a In consideration of the commitment by County to contribute ei LC) N the sum of $15 ,000 . 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby w acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows: SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute , prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages , costs , and loss of services , expenses , or compensation for or on account of any , .T e Page 1 of 3 Pages damage, loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present, or future , arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the taking or release of the security for subdivision improvements , m o any inadequacy of drainage plans , the approval of the settlement u with Daniel Robert Ponton, or any other purported failure by the N o County to require drainage facilities or paving of the roads shown o upon the Antelope Hills Subdivision, First and Second Filing, q recorded at Book 648 , Reception Numbers 1570391 and 1570392 w respectively in the records of the Weld County Clerk and Recorder. o o • W SECTION II . - PAYMENT NOT AN ADMISSION a o It is understood by Covenantors that the payment hereunder is afor compromise of a doubtful and disputed claim, and it not be to construed as an admission of liability on the part of the County, by whom liability has been expressly denied.LO N w m U SECTION III. - RESERVATION OF RIGHTS MZ N H Covenantors expressly reserve all rights of action , claims , N and demands against any and all persons other than County. This o z instrument incorporates a Covenant not to Sue and not a Release. w mo rniW SECTION IV. - BINDING EFFECT OF COVENANT koZ N This Covenant shall inure to the benefit of County, its O officers , agents , employees , and assigns . It shall bind o a Covenantors, their spouses, their heirs , assigns, and any legal representatives . C N N SECTION V. - ENTIRETY CLAUSE d co r.4 This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements , promises, or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT This Covenant and Agreement shall be binding and take effect upon the action of the Board of County Commissioners as ex officio Board of the Weld County Antelope Hills Local Improvement District m o No. 1986-1 approving the final plans and specifications for the o U project except that Covenantors temporarily retains the right to sue County based upon a claim that the work authorized under Weld °'' o County Antelope Hills Local Improvement District 1986-1 has not o been performed to Weld County' s specifications and has not been 0 accepted by Weld County for maintenance. At such time as the OO 41 3 roads have been accepted for maintenance , the covenants herein • shall become binding for all causes of action as recited in og Section I. This shall not constitute any admission of liability a on the part of the County for any failure to see that work is o performed according to County standards . o O c4 IN WITNESS WHEREOF,M Covenantors have executed this Agreement ▪ w and Covenant at 1'Vx\ 27 O86 , the day and r-i year first above writtdn. ' PI � a CO V COVENANTORS: en W r0 a \;\;""� II f 5..,''. fb tda Ikeh;6n4d(40V.C.. �. S .Q W f; • , 1C AND SWORN to before me this aim day of cz {s: 4,i- t , 19x' . g < Tlls:\ (J$4ESS,`'my hand and official seal. r4 r Notary ibublic N N r-I ri HO pt. 29, 1986 My commission expires : Tnv Comm�sion ExpiresSe w w A Jt hµ 4 BOARD U COUNTY, COL COMMISSIONERS �� p,��qi WELD COUNTY, COLORADO Of, y k and Recorder By: > nn.a_4 ' q "to ,Eiip. B rd a uel e Jo on, Chairman my lerk Page 3 of 3 Pages AWd0t3I980 AGREEMENT AND COVENANT NOT TO SUE o THIS AGREEMENT AND COVENANT NOT TO SUE, executed on o 1149 P7, I4k(e , 1986 , by David C) Cutierre7 p and Diane L. Gutierrez U of , City Q of , County of Weld, State of Colorado , herein W o referred to as "Covenantors , " to WELD COUNTY, by and through the o Board of County Commissioners of the County of Weld , State of ow Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter vi as "County. " wParties agree that certain i teriral road improvements a, a including 2-inch thickness paving 24 i es in width on a 30-foot wide, 4-inch crushed rock base should have been accomplished by the developer following approval of the First and Second Filing of x Antelope Hills Subdivision. County agrees that it was the a original intent of the developer and the County to have the roads lo m o built to County standards and accepted by Weld County for M z maintenance and that it continues to be the County' s intent to NH accept the roads within Antelope Hills, First and Second Filing, �Ew+ for County maintenance once the improvements set forth in the c1141 Petition to create the Antelope Hills Weld County Local 41 Improvement District have been accomplished. Parties further o cow agree that there are currently general drainage problems in the 211' Subdivision beyond those problems associated with run off from o z roadways. N f� o � The parties agree that there is the sum of approximately O„1:4 $15 , 740 . 00 which is currently held in escrow by Weld County from funds collected from the developer for the purpose of road CO improvement, which funds would be available for road improvements " N regardless of the existence of this Covenant. e-1 N w w In consideration of the commitment by County to contribute the sum of $15 , 000 . 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows : SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages , costs , and loss of services , expenses , or compensation for or on account of any Page 1 of 3 Pages damage, loss , or injury either to person or property, or both, c O0 whether developed or undeveloped, resulting or to result , known or unknown, past, present , or future , arising out of the approval of NO the Antelope Hills Subdivision, First and Second Filing, the taking or release of the security for subdivision improvements, c any inadequacy of drainage plans , the approval of the settlement w o with Daniel Robert Ponton, or any other purported failure by the o County to require drainage facilities or paving of the roads shown c"4 upon the Antelope Hills Subdivision , First and Second Filing, o recorded at Book 648 , Reception Numbers 1570391 and 1570392 p respectively in the records of the Weld County Clerk and Recorder. U W rn o4 SECTION II. - PAYMENT NOT AN ADMISSION ~ z It is understood by Covenantors that the payment hereunder is a for compromise of a doubtful and disputed claim, and it not be Wu construed as an admission of liability on the part of the County, M Z by whom liability has been expressly denied. N H W N F a SECTION III. - RESERVATION OF RIGHTS W w w Covenantors expressly reserve all rights of action, claims, • 4' and demands against any and all persons other than County. This o z instrument incorporates a Covenant not to Sue and not a Release. • r4 O W CO SECTION IV. - BINDING EFFECT OF COVENANT m This Covenant shall inure to the benefit of County, its Hi HI officers , agents , employees , and assigns . It shall bind r, O Covenantors, their spouses, their heirs , assigns , and any legal or., representatives. SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements , promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT This Covenant and Agreement shall be binding and take effect upon the action of the Board of County Commissioners as ex officio Board of the Weld County Antelope Hills Local Improvement District No. 1986-1 approving the final plans and specifications for the project except that Covenantors temporarily retains the right to sue County based upon a claim that the work authorized under Weld County Antelope Hills Local Improvement District 1986-1 has not been performed to Weld County' s specifications and has not been accepted by Weld County for maintenance. At such time as the roads have been accepted for maintenance, the covenants herein shall become binding for all causes of action as recited in Section I . This shall not constitute any admission of liability on the part of the County for any failure to see that work is performed according to County standards. IN WITNESS WHEREOF, Covenantors have executed this Agreement and Covenant at (iUilAdsnv , (o(o . , the day and year first above written. COVENANTORS : 4-1 , ii, t , -... /,40vIdif r v 1of /.• ;N i4 RIBED AND S19 ICI, to• before me this ay i - at- vp i u :WITNESS my hand and official seal. o (Al Notary Public ) 1041 O4,14 Akbu„:, My commission expires: -4 ' is " b I \'' 1, BOARD OF COUNTY COMMISSIONERS ATTF - WELD COUNTY, COLORADO Well ''C u :� e;r)c ' nd Recorder By an ' 1 •ikcokp th rd Ja qu ine J•h son, Chairman { 1r0 —S nty lerk B 1121 REC 02061980 07/23/86 11 : 59 $0. 00 3/003 F 0130 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO nr "� Page 3 of 3 Pages ?:•° ''i1 ARd061961 AGREEMENT AND COVENANT NOT TO SUE THIS AGREEMENT AND COVENANT NOT TO SUE, executed on , 1986 , by John M. Merkley and Annp L. Markley m o of , City ow of , County of Weld, State of Colorado, herein referred to as "Covenantors , " to WELD COUNTY, by and through the '" o Board of County Commissioners of the County of Weld , State of ca Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter a as "County. " ow o a Parties agree that certain internal road improvements Q- M including 2-inch thickness paving 24 inches in width on a 30-foot a wide , 4-inch crushed rock base should have been accomplished by o the developer following approval of the First and Second Filing of w Antelope Hills Subdivision. County agrees that it was the • original intent of the developer and the County to have the roads " ° built to County standards and accepted by Weld County for . a4 maintenance and that it continues to be the County' s intent to z• accept the roads within Antelope Hills, First and Second Filing, w a for County maintenance once the improvements set forth in the co Petition to create the Antelope Hills Weld County Local en 2 H Improvement District have been accomplished. Parties further ▪ w agree that there are currently general drainage problems in the o a Subdivision beyond those problems associated with run off from • roadways. ti w co• W The parties agree that there is the sum of approximately z $15 , 740 . 00 which is currently held in escrow by Weld County from ro Z funds collected from the developer for the purpose of road o improvement, which funds would be available for road improvements z regardless of the existence of this Covenant. a In consideration of the commitment by County to contribute N M the sum of $15 , 000 . 00 to the Antelope Hills Weld County Local terl Improvement District No. 1986-1 , which commitment to pay is hereby ~ acknowledged, and other good and valuable consideration, m w Covenantors and County covenant and agree as follows : SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages , costs , and loss of services , expenses , or compensation for or on account of any k Page 1 of 3 Pages damage, loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present, or future , arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the m o taking or release of the security for subdivision improvements, o U any inadequacy of drainage plans , the approval of the settlement ; o with Daniel Robert Ponton, or any other purported failure by the U County to require drainage facilities or paving of the roads shown • upon the Antelope Hills Subdivision, First and Second Filing, o w recorded at Book 648 , Reception Numbers 1570391 and 1570392 o 3 respectively in the records of the Weld County Clerk and Recorder. o x yr w SECTION II. - PAYMENT NOT AN ADMISSION U It is understood by Covenantors that the payment hereunder is 0 for compromise of a doubtful and disputed claim, and it not be construed as an admission of liability on the part of the County, r g by whom liability has been expressly denied. w coa co M Z SECTION III. - RESERVATION OF RIGHTS N H Covenantors expressly reserve all rights of action, claims, and demands against any and all persons other than County. This w instrument incorporates a Covenant not to Sue and not a Release. 0o w rnw w Z SECTION IV. - BINDING EFFECT OF COVENANT o Z N � o This Covenant shall inure to the benefit of County, its U z officers , agents, employees , and assigns. It shall bind a Covenantors , their spouses, their heirs , assigns , and any legal N representatives. N r e-1 r-I SECTION V. - ENTIRETY CLAUSE • w This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements , promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT This Covenant and Agreement shall be binding and take effect o U upon the action of the Board of County Commissioners as ex officio o Board of the Weld County Antelope Hills Local Improvement District No. 1986-1 approving the final plans and specifications for the M o project except that Covenantors temporarily retains the right to m sue County based upon a claim that the work authorized under Weld o w County Antelope Hills Local Improvement District 1986-1 has not 0 3 been performed to Weld County' s specifications and has not been o a accepted by Weld County for maintenance. At such time as the 'h w roads have been accepted for maintenance , the covenants herein a shall become binding for all causes of action as recited in u Section I . This shall not constitute any admission of liability a on the part of the County for any failure to see that work is aN ul performed according to County standards. .. .5 ri riz IN WITNESS WHEREOF, Covenantors have executed this Agreement w and Covenant at , the day and w u year first above written. el N H r- E, COVENANTORS: om a /ff " LIC MGa - N 4 i- `co:.ip5 R.IBI§DC AND SWORN to before me this C23'� day of w a '11A% PuBk, ' a % J,•., WITNE4§' #ny hand and official seal. .1 Oeget-600 71.2,-neei2_5' m w Notary Public My commission expires: My Cema$ssiati...Exp`:c3 Nov. 7, 1986 ere `' a BOARD OF COUNTY COMMISSIONERS ATTESTh. � WELD COUNTY, COLORADO / t Weld / ifr 4 herk-and {Recorder By �` and G . �' t6 ,the 8-- d Jacque ne J•h son , Chairman nty`. erk PC C`.' in Page 3 of 3 Pages AR206196d AGREEMENT AND COVENANT NOT TO SUE en o THIS AGREEMENT AND COVENANT M0 TO SUE, executed on o kit 2f , 1986 , by Cif e. 67� U and (/ A of i39bl es Ac. , City o w of 4) `uaf eti U° , County of Weld, State of Colorado, herein 0 3 referred to as "Covenantors, " to WELD COUNTY, by and through the oz Board of County Commissioners of the County of Weld, State of v'Q Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter zo as "County. " o oz Parties agree that certain internal road improvements including 2-inch thickness paving 24 feet in width on a 30-foot wide, 4-inch crushed rock base should have been accomplished by z the developer following approval of the First and Second Filing of 1/40 4 w Antelope Hills Subdivision. County agrees that it was the 000 original intent of the developer and the County to have the roads M z built to County standards and accepted by Weld County for NH maintenance and that it continues to be the County' s intent to r- E-f accept the roads within Antelope Hills, First and Second Filing, 02 for County maintenance once the improvements set forth in the N W Petition to create the Antelope Hills Weld County Local CON Improvement District have been accomplished. Parties further al 44 agree that there are currently general drainage problems in the o z Subdivision beyond those problems associated with run off from cN , roadways. w z The parties agree that there is the sum of approximately z z $15, 740. 00 which is currently held in escrow by Weld County from ,.., d, funds collected from the developer for the purpose of road J rn improvement , which funds would be available for road improvements r, o regardless of the existence of this Covenant. mw In consideration of the commitment by County to contribute the sum of $15 , 000 . 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows: SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, costs, and loss of services , expenses, or compensation for or on account of any Page 1 of 3 Pages damage , loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present, or future, arising out of the approval of ma the Antelope Hills Subdivision, First and Second Filing, the go taking or release of the security for subdivision improvements, any inadequacy of drainage plans , the approval of the settlement o o with Daniel Robert Ponton, or any other purported failure by the Ca County to require drainage facilities or paving of the roads shown a upon the Antelope Hills Subdivision, First and Second Filing, ca recorded at Book 648 , Reception Numbers 1570391 and 1570392 o x respectively in the records of the Weld County Clerk and Recorder. u} w C] � SECTION II . - PAYMENT NOT AN ADMISSION U W o x It is understood by Covenantors that the payment hereunder is `a for compromise of a doubtful and disputed claim, and it not be construed as an admission of liability on the part of the County, w by whom liability has been expressly denied. wa co N H SECTION III. - RESERVATION OF RIGHTS N H � W o M Covenantors expressly reserve all rights of action, claims , w and demands against any and all persons other than County. This " W instrument incorporates a Covenant not to Sue and not a Release. CT W 1/4O N Z SECTION IV. - BINDING EFFECT OF COVENANT O a This Covenant shall inure to the benefit of County, its officers , agents , employees , and assigns. It shall bind Covenantors , their spouses , their heirs , assigns , and any legal ri N M representatives. r - ri O cog SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements , promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI. - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages SECTION VII. - EFFECTIVE DATE OF COVENANT AND AGREEMENT o u This Covenant and Agreement shall be binding and take effect o .. upon the action of the Board of County Commissioners as ex officio i0 Board of the Weld County Antelope Hills Local Improvement District o No. 1986-1 approving the final plans and specifications for the ca• project except that Covenantors temporarily retains the right to ow sue County based upon a claim that the work authorized under Weld O 3 County Antelope Hills Local Improvement District 1986-1 has not 0124 been performed to Weld County' s specifications and has not been v)-41 accepted by Weld County for maintenance. At such time as the O roads have been accepted for maintenance , the covenants herein 0 shall become binding for all causes of action as recited in o a Section I . This shall not constitute any admission of liability .. on the part of the County for any failure to see that work is N z performed according to County standards. Z Wva IN WITNESS WHER�O�,F,p Covena/I/],�i�Q,r,s �ave executed this Agreement mu and Covenant at /,r,12 it&ot-) / ,l ne.A , the day and / m z year first above written. N H N.W r- F o W COVENANTORS: dC4 O 1LC \ - 0 >., SUBSCRIBED AND SWORN / to before me this o2O day of �(o 0 Z PI , 19 ,,,,,: z , ,o WITNESS my hand and official seal. a.?. . � < �y �1 e NM ! IOC ,�';,G (1O/ rl N H o Qn�� /f of �(/ y r r w w Izu `�C� ,r��i �.\, i `` Notary Public My commission expires : 57 (p 81p ' ` t ti BOARD OF COUNTY COMMISSIONERS ATTZGy�/ WELD COUNTY, COLORADO Weld o ter'- lerk And Recorder By\ and' o. the, B . rd Ja Rue`s' ne o son, Chairman _County lerk Page 3 of 3 Pages AR2061963 AGREEMENT AND COVENANT NOT TO SUE ci o oU O o THIS AGREEMENT AND COVENANT NOT TO SUE, ex cuted on ✓ , 1986, by NAancp G>A�/ae .$'n„ TL q and x,41157 C' . SMt> o °f 1►33O 4OAMaD D , City o of hitiVDtnR, , County of Weld, State of Colorado, herein oz referred to as "Covenantors , " to WELD COUNTY, by and through the ("I Board of County Commissioners of the County of Weld, State of o• Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter U as "County. " oa o Parties agree that certain internal road improvements .. o including 2-inch thickness paving 24 feet in width on a 30-foot Wwide, 4-inch crushed rock base should have been accomplished by the developer following approval of the First and Second Filing of 1/40 coca Antelope Hills Subdivision. County agrees that it was the y original intent of the developer and the County to have the roads NH built to County standards and accepted by Weld County for NE maintenance and that it continues to be the County' s intent to o a accept the roads within Antelope Hills, First and Second Filing, w for County maintenance once the improvements set forth in the rn coraPetition to create the Antelope Hills Weld County Local C [s4 Improvement District have been accomplished. Parties further o z agree that there are currently general drainage problems in the NI ,r4 Subdivision beyond those problems associated with run off from o roadways . >4 va The parties agree that there is the sum of approximately it $15, 740. 00 which is currently held in escrow by Weld County from N en funds collected from the developer for the purpose of road ry o improvement, which funds would be available for road improvements q w regardless of the existence of this Covenant. In consideration of the commitment by County to contribute the sum of $15 , 000 . 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows: SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, costs, and loss of services , expenses , or compensation for or on account of anyfar + a Page 1 of 3 Pages damage, loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or m of unknown, past, present, or future, arising out of the approval of o the Antelope Hills Subdivision, First and Second Filing, the N o taking or release of the security for subdivision improvements, o any inadequacy of drainage plans , the approval of the settlement • with Daniel Robert Ponton, or any other purported failure by the o • County to require drainage facilities or paving of the roads shown o upon the Antelope Hills Subdivision, First and Second Filing, o a recorded at Book 648 , Reception Numbers 1570391 and 1570392 • respectively in the records of the Weld County Clerk and Recorder. O u o a SECTION II. - PAYMENT NOT AN ADMISSION It is understood by Covenantors that the payment hereunder is a for compromise of a doubtful and disputed claim, and it not be • construed as an admission of liability on the part of the County, kO CO u by whom liability has been expressly denied. Mz N H SECTION III. - RESERVATION OF RIGHTS o cn M Covenantors expressly reserve all rights of action, claims , cow and demands against any and all persons other than County. This • w instrument incorporates a Covenant not to Sue and not a Release. io oz N C SECTION IV. - BINDING EFFECT OF COVENANT U a This Covenant shall inure to the benefit of County, its � cc officers , agents, employees , and assigns. It shall bind N M Covenantors, their spouses, their heirs , assigns, and any legal o representatives. co SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements, promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI. - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. n Page 2 of 3 Pages SECTION VII. - EFFECTIVE DATE OF COVENANT AND AGREEMENT This Covenant and Agreement shall be binding and take effect upon the action of the Board of County Commissioners as ex officio ,no Board of the Weld County Antelope Hills Local Improvement District o u No. 1986-1 approving the final plans and specifications for the project except that Covenantors temporarily retains the right to mo sue County based upon a claim that the work authorized under Weld U County Antelope Hills Local Improvement District 1986-1 has not 4 been performed to Weld County' s specifications and has not been 0a al 3 accepted by Weld County for maintenance. At such time as the roads have been accepted for maintenance , the covenants herein in.w shall become binding for all causes of action as recited in z Section I . This shall not constitute any admission of liability u on the part of the County for any failure to see that work is w performed according to County standards . a w IN WITNESS WH REOF Cove ntors Ta execu ed.this Agreement - x and Covenant at N. .itj%` , ,,,,ee nizevthe day and w year first above written. , co U o ^ „,Q L 0 3� y .,� G ..••. O enZCOVENANTORS: H o �'. i., 'J 17srr z s W ../e ' **-4; . A-'" <. r' SCRIBED AND SWORN before me this o aj A ,pe 1/40 zo U C.) a W NESS my hand and official seal. Notary u 1 c m k+ My commission expires: /„2/j/,.//9 � ` BOARD OF COUNTY COMMISSIONERS ATTES WELD COUNTY, COLORADO Weld county Jerk and Recorder By /and,-C1-rk4,t'g. the- 4o. d J cqu ' ne J h son, Chairman \: .-. 7c ( ►` 37 ^ o y C' erk Page 3 of 3 Pages 482061984 AGREEMENT AND COVENANT NOT TO SUE en o THIS AGREEMENT AND COVENANT NOT TO SUE, executed on o 1986 , by Keith A. Trusler o Uand Karen M. T us] er of 1113 i 3r-h_ ,* , City p of ,jj-rtti4t , County of Weld, State of Colorado, herein 0 a referred to is "Covenantors, " to WELD COUNTY, by and through the O3 Board of County Commissioners of the County of Weld , State of o a Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter (" Q as "County. " Parties agree that certain i tern ad improvements z including 2-inch thickness paving 24 J4 s r�dth on a 30-foot o wide , 4-inch crushed rock base should have been accomplished by N n the developer following approval of the First and Second Filing of r' a Antelope Hills Subdivision. County agrees that it was the w original intent of the developer and the County to have the roads co u built to County standards and accepted by Weld County for m maintenance and that it continues to be the County' s intent to CM accept the roads within Antelope Hills , First and Second Filing, for County maintenance once the improvements set forth in the o a Petition to create the Antelope Hills Weld County Local w Improvement District have been accomplished. Parties further co r4 agree that there are currently general drainage problems in the Subdivision beyond those problems associated with run off from wz z roadways. ocsa Z The parties agree that there is the sum of approximately wx � $15 , 740. 00 which is currently held in escrow by Weld County from funds collected from the developer for the purpose of road o improvement, which funds would be available for road improvements N regardless of the existence of this Covenant. r, o In consideration of the commitment by County to contribute w the sum of $15 , 000 . 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows : SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages , costs , and loss of services , expenses , or compensation for or on account of any l'C`a-T: 17 Page 1 of 3 Pages damage, loss , or injury either to person or property, or both, o whether developed or undeveloped, resulting or to result, known or Oo U unknown, past, present, or future, arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the v taking or release of the security for subdivision improvements , any inadequacy of drainage plans , the approval of the settlement w o with Daniel Robert Ponton, or any other purported failure by the 0 3 County to require drainage facilities or paving of the roads shown o upon the Antelope Hills Subdivision, First and Second Filing, ta-w recorded at Book 648 , Reception Numbers 1570391 and 1570392 O respectively in the records of the Weld County Clerk and Recorder. U W o SECTION II. - PAYMENT NOT AN ADMISSION H x It is understood by Covenantors that the payment hereunder is for compromise of a doubtful and disputed claim, and it not be w construed as an admission of liability on the part of the County, co by whom liability has been expressly denied. Mz N H \[r7 o U) SECTION III. - RESERVATION OF RIGHTS Covenantors expressly reserve all rights of action , claims , m w and demands against any and all persons other than County. This z instrument incorporates a Covenant not to Sue and not a Release. oz N a 0 a SECTION IV. - BINDING EFFECT OF COVENANT This Covenant shall inure to the benefit of County, its ro officers , agents , employees , and assigns. It shall bind H Covenantors , their spouses , their heirs , assigns, and any legal representatives. mw SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements , promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. air Page 2 of 3 Pages SECTION VII. - EFFECTIVE DATE OF COVENANT AND AGREEMENT co O o V This Covenant and Agreement shall be binding and take effect c` O upon the action of the Board of County Commissioners as ex officio Board of the Weld County Antelope Hills Local Improvement District a No. 1986-1 approving the final plans and specifications for the 0 w project except that Covenantors temporarily retains the right to sue County based upon a claim that the work authorized under Weld a w County Antelope Hills Local Improvement District 1986-1 has not a been performed to Weld County' s specifications and has not been a accepted by Weld County for maintenance. At such time as the w roads have been accepted for maintenance , the covenants herein a shall become binding for all causes of action as recited in o w Section I. This shall not constitute any admission of liability on the part of the County for any failure to see that work is performed according to County standards. Lc) a co U IN WITNESS WHEREOF, Covenantors have executed this Agreement co z and Covenant at , the day and Cg w year first above written. r- 0 CO c COVENANTORS: 1/4O Z 4f.i/ el 4 FJ ayr SUBSCRIBED AND SWORL to before me this ,2 3 day of 1 , 19r N N r ITNESS my hand and official seal d�010B .yo'•-., o O y4 of y Public ; ti . �? x ; My commission expires: 6—c9 -i, % •-f% . \ • BOARD OF COUNTY COMMISSIONERS ATTS �L+iv� "1�,�(�q WELD COUNTY, COLORADO Wel ubt lerk4 ar Recorder By: jtiy,� and t5S 'the . SO d Ja que ' ne nson, Chairman epdty-- utity erk Page 3 of 3 Pages AF20a1'385 AGREEMENT AND COVENANT NOT TO SUE THIS AGREEMENT AND COVENANT NOT TO SUE, executed on o O May 30 , 1986 , by Jeffrey G. Manuel o and Nancy J. Manuel o of , City o of , County of Weld, State of Colorado, herein m referred to as "Covenantors , " to WELD COUNTY, by and through the o w Board of County Commissioners of the County of Weld, State of 03 Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter o w as "County. " yr W co Parties agree that certain internal road improvements o including 2-inch thickness paving 24 feet in width on a 30-foot y a wide, 4-inch crushed rock base should have been accomplished by the developer following approval of the First and Second Filing of cv Antelope Hills Subdivision. County agrees that it was the ' g original intent of the developer and the County to have the roads ft built to County standards and accepted by Weld County for te o o maintenance and that it continues to be the County' s intent to accept the roads within Antelope Hills , First and Second Filing, N Z for County maintenance once the improvements set forth in the NE., Petition to create the Antelope Hills Weld County Local ° (/) Improvement District have been accomplished. Parties further a agree that there are currently general drainage problems in the tri o w Subdivision beyond those problems associated with run off from '7' 44 roadways . � z coyrt4 The parties agree that there is the sum of approximately o $15 ,740 . 00 which is currently held in escrow by Weld County from o C4 funds collected from the developer for the purpose of road z improvement , which funds would be available for road improvements ,y M regardless of the existence of this Covenant. Nel [F 0 In consideration of the commitment by County to contribute m w the sum of $15,000. 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows: SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, costs, and loss of services , expenses , or compensation for or on account of any Page 1 of 3 Pages damage , loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result , known or unknown, past , present, or future , arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the taking or release of the security for subdivision improvements, o U any inadequacy of drainage plans , the approval of the settlement with Daniel Robert Ponton, or any other purported failure by the c4 O County to require drainage facilities or paving of the roads shown upon the Antelope Hills Subdivision, First and Second Filing , a recorded at Book 648 , Reception Numbers 1570391 and 1570392 OO N respectively in the records of the Weld County Clerk and Recorder. oa A SECTION II . - PAYMENT NOT AN ADMISSION a O It is understood by Covenantors that the payment hereunder is + z for compromise of a doubtful and disputed claim, and it not be construed as an admission of liability on the part of the County, by whom liability has been expressly denied. CO U SECTION III. - RESERVATION OF RIGHTS mz Covenantors expressly reserve all rights of action, claims , r- E-4 and demands against any and all persons other than County. This o instrument incorporates a Covenant not to Sue and not a Release. w cow m W O G SECTION IV. - BINDING EFFECT OF COVENANT ro This Covenant shall inure to the benefit of County, its v z officers , agents , employees , and assigns . It shall bind Covenantors, their spouses , their heirs , assigns , and any legal z Z representatives . r1 a N V' H o SECTION V. - ENTIRETY CLAUSE Ga This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements, promises , or inducements made by Covenantors or any agent of Covenantors that ate..not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT This Covenant and Agreement shall be binding and take effect upon the action of the Board of County Commissioners as ex officio Board of the Weld County Antelope Hills Local Improvement District No. 1986-1 approving the final plans and specifications for the project except that Covenantors temporarily retains the right to sue County based upon a claim that the work authorized under Weld County Antelope Hills Local Improvement District 1986-1 has not been performed to Weld County' s specifications and has not been accepted by Weld County for maintenance. At such time as the roads have been accepted for maintenance , the covenants herein shall become binding for all causes of action as recited in Section I . This shall not constitute any admission of liability on the part of the County for any failure to see that work is performed according to County standards. IN WITNESS WHE F, Covenantors have executed this Agreement and Covenant at ! "�Q/ B;I3 9MJ 2 , the day and / year first above written. COVENANT . / c - \\., /o SUBSCRIBED AND SWORN to before me this 7I day of . .<411/ , 19 ,6 •�,`"",11 10 V s`�,//'�, TNESS my hand and official seal. `�� p F A F _ - - Nota y Public 46/ ' 7 --C a de 3/ %.,:g , c„., ,ip� commission expires: �pU 72,7/9,9 ,br%r• CF•C° iln .�re" ,, 4�itA•h/•wnA`*s^i�T ��..�1 BOARD OF COUNTY COMMISSIONERS ATTEST. - < /1 WELD COUNTY, COLORADO•Weld 'tbu t 'd le _and Recorder Vr i By , \ Y�Ap(� and C .ric{t.o. the .. rd LJ �cqu- %' ne J h ison, Chairman ;N olm • ►1sti1 ,t ) Viukty lerk $0. 00 3/003 B 1121 REC 02061985 07/23/86 12 : 01 F 0145 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 3 of 3 Paces AP2061986 AGREEMENT AND COVENANT NOT TO SUE , , o THIS AGREEMENT AND COVENANT NOT TO SUE, executed on OO G° �3 , Oh. , 1986 , by Gerard Brodzinski and eraldine R. Brodzinski ~ v of , City of , County of Weld , State of Colorado , herein o W referred to as "Covenantors, " to WELD COUNTY, by and through the 0 3 Board of County Commissioners of the County of Weld, State of x Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter (0.41 as "County. " A o Parties agree that certain i t rn road improvements aincluding 2-inch thickness paving 24 in width on a 30-foot o wide , 4-inch crushed rock base should have been accomplished by s' f-a the developer following approval of the First and Second Filing of HIX Antelope Hills Subdivision. County agrees that it was the W original intent of the developer and the County to have the roads 't u built to County standards and accepted by Weld County for maintenance and that it continues to be the County' s intent to H accept the roads within Antelope Hills, First and Second Filing, n F for County maintenance once the improvements set forth in the 0 Petition to create the Antelope Hills Weld County Local Improvement District have been accomplished. Parties further '0 agree that there are currently general drainage problems in the 0 rn w Subdivision beyond those problems associated with run off from z roadways. oz The parties agree that there is the sum of approximately u a $15 , 740 . 00 which is currently held in escrow by Weld County from wrc funds collected from the developer for the purpose of road xz improvement, which funds would be available for road improvements N a regardless of the existence of this Covenant. titi o In consideration of the commitment by County to contribute m the sum of $15 , 000 . 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows: SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action , or cause of action for damages, costs , and loss of services , expenses , or compensation for or on account of any Page 1 of 3 Pages damage , loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or re) • v unknown, past, present, or future, arising out of the approval of O the Antelope Hills Subdivision, First and Second Filing, the No taking or release of the security for subdivision improvements , • any inadequacy of drainage plans , the approval of the settlement • with Daniel Robert Ponton, or any other purported failure by the 0 3 County to require drainage facilities or paving of the roads shown upon the Antelope Hills Subdivision, First and Second Filing , a recorded at Book 648 , Reception Numbers 1570391 and 1570392 • arespectively in the records of the Weld County Clerk and Recorder. 0 U a SECTION II. - PAYMENT NOT AN ADMISSION O x It is understood by Covenantors that the payment hereunder is a for compromise of a doubtful and disputed claim, and it not be Q0 ,4• construed as an admission of liability on the part of the County, 00O by whom liability has been expressly denied. en N H SECTION III. - RESERVATION OF RIGHTS O a ,per Covenantors expressly reserve all rights of action, claims , and demands against any and all persons other than County. This instrument incorporates a Covenant not to Sue and not a Release. 1/4Oz 0z N < O SECTION IV. - BINDING EFFECT OF COVENANT U a This Covenant shall inure to the benefit of County, its -IN officers , agents , employees , and assigns. It shall bind Covenantors , their spouses, their heirs , assigns , and any legal I-' O representatives. R1 G+ SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements , promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI. - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages m o 00 0 en o 0 0 Wa 0 3 SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT o,�w This Covenant and Agreement shall be binding and take effect Q upon the action of the Board of County Commissioners as ex officio o Board of the Weld County Antelope Hills Local Improvement District E No. 1986-1 approving the final plans and specifications for the o a project except that Covenantors temporarily retains the right to •• w sue County based upon a claim that the work authorized under Weld 2 County Antelope Hills Local Improvement District 1986-1 has not w• been performed to Weld County' s specifications and has not been Boa accepted by Weld County for maintenance. At such time as the U roads have been accepted for maintenance, the covenants herein shall become binding for all causes of action as recited in N H -.41 Section I . This shall not constitute any admission of liability 0 CO on the part of the County for any failure to see that work is w performed according to County standards . to co w IN WITNESS WHEREOF, Covenantors have executed this Agreement ri and Covenant at , the day and o z year first above written. N ,4 0 >4 a4 COVENANTORS: H 0 - o m Ex4 SUBSCRIBED AND SWORN to before me this O / day of 19 . „ 1""°"71 ESS my hand and official seal. _'� :•IOTA R J.'.•� , _ srG— c • aJ Not ry Public 0 PUB\L. 101 '. •mmission •expires: 1; Gommti^wn Eepi ° ° „' �y�, ;��°: 419 Main Si., Windan CC c .,.+s 4 „;, BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO 1/� Weld Cofipt pk. nd Recorder By `• - and Clddku % d c ,,w cque ' ne J son, Chairman r' pe O c u'nky- C erk . N Page 3 of 3 Pages AR20619A7 AGREEMENT AND COVENANT NOT TO SUE THIS AGREEMENT AND COVENANT NOT TO SUE, executed on , 1986 , by Paul M. Rhodes cn o and Glenda S. Rhodes of ,t3PO' v`c_a�-e --a�x� 9��. 'an a° .l1 Cc' Yossa , City of , County of Weld, State df Colorado , herein -4o • referred to as "Covenantors , " to WELD COUNTY, by and through the • Board of County Commissioners of the County of Weld, State of w Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter o o as "County. " o Parties agree that certain int r road improvements • including 2-inch thickness paving 24 in width on a 30-foot ao U wide, 4-inch crushed rock base should have been accomplished by • the developer following approval of the First and Second Filing of o Antelope Hills Subdivision. County agrees that it was the original intent of the developer and the County to have the roads a built to County standards and accepted by Weld County for w maintenance and that it continues to be the County' s intent to co U accept the roads within Antelope Hills , First and Second Filing, for County maintenance once the improvements set forth in the en Z N H Petition to create the Antelope Hills Weld County Local r- Improvement District have been accomplished. Parties further o • agree that there are currently general drainage problems in the • Subdivision beyond those problems associated with run off from co w roadways. rn w z The parties agree that there is the sum of approximately C„ $15 , 740 . 00 which is currently held in escrow by Weld County from funds collected from the developer for the purpose of road o • improvement, which funds would be available for road improvements a regardless of the existence of this Covenant. 4-4 CV �w In consideration of the commitment by County to contribute H o the sum of $15 , 000 . 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby w 114 acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows: SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action , or cause of action for damages, costs , and loss of services , expenses , or compensation for or on account of any pc —7' 17 Page 1 of 3 Pages damage, loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present, or future, arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the O taking or release of the security for subdivision improvements , any inadequacy of drainage plans , the approval of the settlement N O with Daniel Robert Ponton, or any other purported failure by the U County to require drainage facilities or paving of the roads shown a upon the Antelope Hills Subdivision, First and Second Filing, 0 GI 3 recorded at Book 648 , Reception Numbers 1570391 and 1570392 respectively in the records of the Weld County Clerk and Recorder. ox to-w A O SECTION II. - PAYMENT NOT AN ADMISSION U r, a It is understood by Covenantors that the payment hereunder is .. o for compromise of a doubtful and disputed claim, and it not be N construed as an admission of liability on the part of the County, a by whom liability has been expressly denied. Wa W U N Z SECTION III. - RESERVATION OF RIGHTS N H Covenantors expressly reserve all rights of action, claims, a and demands against any and all persons other than County. This ,-- • instrument incorporates a Covenant not to Sue and not a Release. ow al W o z SECTION IV. - BINDING EFFECT OF COVENANT N ✓ This Covenant shall inure to the benefit of County, its w officers , agents , employees , and assigns. It shall bind x Z Covenantors , their spouses, their heirs , assigns , and any legal r o representatives. N Ifl r1 ri 0 Fe w SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements, promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. tear ..: 1 Page 2 of 3 Pages SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT This Covenant and Agreement shall be binding and take effect upon the action of the Board of County Commissioners as ex officio Board of the Weld County Antelope Hills Local Improvement District No. 1986-1 approving the final plans and specifications for the project except that Covenantors temporarily retains the right to sue County based upon a claim that the work authorized under Weld County Antelope Hills Local Improvement District 1986-1 has not been performed to Weld County' s specifications and has not been accepted by Weld County for maintenance. At such time as the roads have been accepted for maintenance , the covenants herein shall become binding for all causes of action as recited in Section I. This shall not constitute any admission of liability on the part of the County for any failure to see that work is performed according to County standards. IN WITNESS WHEREOF, Covenantors have executed this Agreement and Covenant at , the day and h,�Q year first above writt n. / COVENANTORS: / .Ca" . -7-#142- _____ L4---n--•eit,_ LS ' /Ar-t -C•c+ � "�°6. I J z SUPS lkkBED AND SWORN to before me this 4,31sJ day of it • / ..1L : WTT $5 my hand and official seal. a Not ry bl c My commission expires: My Crrmis,Ien EK,D(r,;c I, 10, IRS --��-- ‘ BOARD OF COUNTY COMMISSIONERS ATTEST: A i �tH .14W✓�f r., WELD COUNTY, COLORADO J '., We>r'rd •au ��e :nd Recorder By and p+ - 'tile �rd Ja aue ne J h son , Chairman VI ��tN�rL�0 ! w f m, ty.. Clerk .. 11^,r B 1121 REC 02061987 07/23/86 12 :01 $0.00 3/003 F 0151 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 3 of 3 Paaes Af2Uv1988 AGREEMENT AND COVENANT NOT TO SUE en o0 c) THIS AGREEMENT AND COVENANT NOT TO SUE, executed on , 1986 , by Richard Hergert and Barbara W. Hergert of (.C)/v.tert., B-eent4/� City ` A of tOe/r , County of Weld, State of Colorado, herein o referred to as "Covenantors, " to WELD COUNTY, by and through the Board of County Commissioners of the County of Weld , State of o a Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter In-W O• as "County. " 0 Parties agree that certain internal road improvements N z including 2-inch thickness paving 24 inches in width on a 30-foot o w wide , 4-inch crushed rock base should have been accomplished by Ni the developer following approval of the First and Second Filing of Antelope Hills Subdivision. County agrees that it was the a original intent of the developer and the County to have the roads built to County standards and accepted by Weld County for ,n z maintenance and that it continues to be the County' s intent to CV w accept the roads within Antelope Hills , First and Second Filing, o for County maintenance once the improvements set forth in the x Petition to create the Antelope Hills Weld County Local co a Improvement District have been accomplished. Parties further w• ill agree that there are currently general drainage problems in the Subdivision beyond those problems associated with run off from z o z roadways. N /L o The parties agree that there is the sum of approximately a $15 ,740. 00 which is currently held in escrow by Weld County from funds collected from the developer for the purpose of road r N improvement, which funds would be available for road improvements 4-4 regardless of the existence of this Covenant. -to m44 In consideration of the commitment by County to contribute the sum of $15 , 000. 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows: SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages , costs , and loss of services , expenses, or compensation for or on account of any Page 1 of 3 Pages damage , loss , or injury either to person or property, or both, m o whether developed or undeveloped, resulting or to result , known or o U unknown, past, present , or future, arising out of the approval of ▪ . the Antelope Hills Subdivision, First and Second Filing, the `" O taking or release of the security for subdivision improvements , U any inadequacy of drainage plans , the approval of the settlement A with Daniel Robert Ponton, or any other purported failure by the g 3 County to require drainage facilities or paving of the roads shown upon the Antelope Hills Subdivision, First and Second Filing, o a >} recorded at Book 648 , Reception Numbers 1570391 and 1570392 a respectively in the records of the Weld County Clerk and Recorder. 0 U W cs' SECTION II. - PAYMENT NOT AN ADMISSION 0 It is understood by Covenantors that the payment hereunder is x for compromise of a doubtful and disputed claim, and it not be 1/404 construed as an admission of liability on the part of the County, co v by whom liability has been expressly denied. Mz N H r- W ✓ E" (f) SECTION III. - RESERVATION OF RIGHTS co o Covenantors expressly reserve all rights of action, claims , m w and demands against any and all persons other than County. This instrument incorporates a Covenant not to Sue and not a Release. 1/40 z oz N a SECTION IV. - BINDING EFFECT OF COVENANT W x This Covenant shall inure to the benefit of County, its N M officers , agents , employees , and assigns. It shall bind m Covenantors , their spouses, their heirs, assigns , and any legal " o representatives. ww SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements , promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages ri O CD U SECTION VII. - EFFECTIVE DATE OF COVENANT AND AGREEMENT no V This Covenant and Agreement shall be binding and take effect o .i upon the action of the Board of County Commissioners as ex officio 0 3 Board of the Weld County Antelope Hills Local Improvement District c No. 1986-1 approving the final plans and specifications for the ..,}w project except that Covenantors temporarily retains the right to a sue County based upon a claim that the work authorized under Weld o County Antelope Hills Local Improvement District 1986-1 has not w been performed to Weld County' s specifications and has not been ga accepted by Weld County for maintenance. At such time as the o no roads have been accepted for maintenance , the covenants herein mac shall become binding for all causes of action as recited in a Section I . This shall not constitute any admission of liability m u on the part of the County for any failure to see that work is performed according to County standards. cn z H IN WITNESS WHEREOF, Covenantors have executed this Agreement o u) and Covenant at , the day and x w year first above written. coo co 41 rn W 1/4O Z '' COVENANTORS :////////� Atirte,t- /L/1y/////AThNO � 4J4 •v�- c l/ �6 e ua d w r' d' SUBSCRIBED AND SWORN to before me this O2/ day of .-1:- N ; grrprULgiiir ri o19 ,,.atto�oo..�u y:, w w WITNESS my hand and official seal. o ' Q p� S ,• '3t1&nv Notary Public e c . ° wi ' ......Ma My commission expires: 8�/p/��cyj ,��°"Sr tam ne..." ,� r e BOARD OF COUNTY COMMISSIONERS A " �" / WELD COUNTY, COLORADO W@@ c.•iility° Cle k-and Recorder By- a* • �\'ccnS� aft k %o the Bo d J( cRue ' Ile J h son, Chairman cm\\ 9 i De�iil, , Co my C erk Page 3 of 3 Pages AR2o619d9 AGREEMENT AND COVENANT NOT TO SUE THIS AGREEMENT AND COVENANT NOT TO SUE, executed on , 1986 , by Dwayne Scheere and Jeri Scheere rn o of , City o U of , County of Weld, State of Colorado , herein referred to as "Covenantors , " to WELD COUNTY, by and through the '" v Board of County Commissioners of the County of Weld, State of Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter a as "County. " oW 03 Parties agree that certain internal road improvements « w including 2-inch thickness paving 24 inches in width on a 30-foot a wide, 4-inch crushed rock base should have been accomplished by o the developer following approval of the First and Second Filing of N a Antelope Hills Subdivision. County agrees that it was the 0 original intent of the developer and the County to have the roads 'so built to County standards and accepted by Weld County for r-ig maintenance and that it continues to be the County' s intent to a accept the roads within Antelope Hills, First and Second Filing, tD co for County maintenance once the improvements set forth in the Petition to create the Antelope Hills Weld County Local olZ N H Improvement District have been accomplished. Parties further F agree that there are currently general drainage problems in the o VI Subdivision beyond those problems associated with run off from w roadways. co cow rn w The parties agree that there is the sum of approximately z $15 , 740 . 00 which is currently held in escrow by Weld County from o Z funds collected from the developer for the purpose of road o improvement, which funds would be available for road improvements a regardless of the existence of this Covenant. w In consideration of the commitment by County to contribute N N the sum of $15 , 000 . 00 to the Antelope Hills Weld County Local H Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, CO w Covenantors and County covenant and agree as follows : SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute , or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages , costs , and loss of services , expenses , or compensation for or on account of any Page 1 of 3 Pages damage, loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or en 0 unknown, past, present , or future , arising out of the approval of 00Ci the Antelope Hills Subdivision, First and Second Filing, the taking or release of the security for subdivision improvements , em u any inadequacy of drainage plans , the approval of the settlement • with Daniel Robert Ponton , or any other purported failure by the 0 w County to require drainage facilities or paving of the roads shown 0 3 upon the Antelope Hills Subdivision , First and Second Filing, o a recorded at Book 648 , Reception Numbers 1570391 and 1570392 • respectively in the records of the Weld County Clerk and Recorder. rz O w SECTION II . - PAYMENT NOT AN ADMISSION Na 0 It is understood by Covenantors that the payment hereunder is for compromise of a doubtful and disputed claim, and it not be • construed as an admission of liability on the part of the County, co o by whom liability has been expressly denied. en H r E SECTION III . - RESERVATION OF RIGHTS ocn Covenantors expressly reserve all rights of action , claims , 0o W and demands against any and all persons other than County. This • w instrument incorporates a Covenant not to Sue and not a Release. 1/4O 2 oZ o SECTION IV. - BINDING EFFECT OF COVENANT W This Covenant shall inure to the benefit of County, its officers , agents , employees , and assigns. It shall bind nrii 1/40 tn Covenantors, their spouses , their heirs , assigns, and any legal • 0 representatives . w w SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements , promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages r) O oU 0 (n o 0 a SECTION VII. - EFFECTIVE DATE OF COVENANT AND AGREEMENT W O3 o This Covenant and Agreement shall be binding and take effect w• upon the action of the Board of County Commissioners as ex officio • Board of the Weld County Antelope Hills Local Improvement District o No. 1986-1 approving the final plans and specifications for the w project except that Covenantors temporarily retains the right to o sue County based upon a claim that the work authorized under Weld County Antelope Hills Local Improvement District 1986-1 has not • been performed to Weld County' s specifications and has not been • accepted by Weld County for maintenance. At such time as the 1/4O CO U roads have been accepted for maintenance , the covenants herein shall become binding for all causes of action as recited in N H Section I . This shall not constitute any admission of liability r- on on the part of the County for any failure to see that work is O a performed according to County standards . w Co W IN WITNESS WHEREOF, Covenantors have executed this Agreement w and Covenant at >OkteLty , D l p-tad o , the day and c z year first above written. oZ N4 c44 COVENA ORS: aW4 H O oow . oBSCRIBED AND SWORN to before me this day of , 19 • �.�` , HESS my hand and official seal. `J 'win- � F /Itl' JGc�rd P ._ NQ41J ry Public • �UH `My.`¢ommission expires : Soo:, 8 OF CO I/ • tt y yt- . BOARD OF COUNTY COMMISSIONERS ATTE$ :I `� Q�ARMtiPGr�! WELD COUNTY, COLORADO �. Weld At 1d nd Recorder Bynr u�vnRftiVat5IN--and jM2th rd J cquu ine Json, Chairman t epu - erk Page 3 of 3 Pages AK2061990 AGREEMENT AND COVENANT NOT TO SUE THIS AGREEMENT AND COVENANT NOT TO SUE, executed on May 21 , 1986 , by Paul Henderson and of 11323 Madaket Road , City of Windsor , County of Weld , State of Colorado , herein `110 U referred to as "Covenantors, " to WELD COUNTY, by and through the o Board of County Commissioners of the County of Weld , State of rio Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter o as "County. " A w Parties agree that certain inter Y road improvements 0 3 including 2-inch thickness paving 24F in width on a 30-foot 0 a wide , 4-inch crushed rock base should have been accomplished by circa the developer following approval of the First and Second Filing of o Antelope Hills Subdivision. County agrees that it was the original intent of the developer and the County to have the roads cv a built to County standards and accepted by Weld County for maintenance and that it continues to be the County' s intent to ro accept the roads within Antelope Hills , First and Second Filing, for County maintenance once the improvements set forth in the a Petition to create the Antelope Hills Weld County Local 1/4oau Improvement District have been accomplished. Parties further enz agree that there are currently general drainage problems in the " H Subdivision beyond those problems associated with run off from r- H roadways. co u) a 0 The parties agree that there is the sum of approximately o1/441 $15 , 740 . 00 which is currently held in escrow by Weld County from °1k funds collected from the developer for the purpose of road o z improvement, which funds would be available for road improvements ro Kt regardless of the existence of this Covenant. 0 u a In consideration of the commitment by County to contribute a the sum of $15 , 000 . 00 to the Antelope Hills Weld County Local o Improvement District No. 1986-1 , which commitment to pay is hereby 2 acknowledged, and other good and valuable consideration, o Covenantors and County covenant and agree as follows : MN SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action , or cause of action for damages , costs, and loss of services, expenses, or compensation for or on account of any Page 1 of 3 Pages damage, loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present, or future , arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the taking or release of the security for subdivision improvements , en any inadequacy of drainage plans , the approval of the settlement 0 with Daniel Robert Ponton, or any other purported failure by the County to require drainage facilities or paving of the roads shown N U upon the Antelope Hills Subdivision , First and Second Filing, Q recorded at Book 648 , Reception Numbers 1570391 and 1570392 o W respectively in the records of the Weld County Clerk and Recorder. oZ oa en- O SECTION II. - PAYMENT NOT AN ADMISSION U It is understood by Covenantors that the payment hereunder is N a for compromise of a doubtful and disputed claim, and it not be o construed as an admission of liability on the part of the County, N `4 by whom liability has been expressly denied. � x a m U SECTION III. - RESERVATION OF RIGHTS en z H Covenantors expressly reserve all rights of action, claims , r- F and demands against any and all persons other than County. This O a instrument incorporates a Covenant not to Sue and not a Release. w op al W • rz+ SECTION IV. - BINDING EFFECT OF COVENANT 1/40z co Ft4This Covenant shall inure to the benefit of County, its o officers , agents , employees , and assigns . It shall bind um Covenantors, their spouses , their heirs , assigns, and any legal a z representatives. H rn N H SECTION V. - ENTIRETY CLAUSE P° w This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements , promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI. - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages <n O a 0 0 i-n O 0 C1 0 W SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT a o w This Covenant and Agreement shall be binding and take effect `"w upon the action of the Board of County Commissioners as ex officio Board of the Weld County Antelope Hills Local Improvement District W No. 1986-1 approving the final plans and specifications for the (.,":4 project except that Covenantors temporarily retains the right to 0 sue County based upon a claim that the work authorized under Weld i-N County Antelope Hills Local Improvement District 1986-1 has not '• • been performed to Weld County' s specifications and has not been w accepted by Weld County for maintenance. At such time as the coo roads have been accepted for maintenance, the covenants herein --..i2 shall become binding for all causes of action as recited in NH Section I . This shall not constitute any admission of liability N F on the part of the County for any failure to see that work is O CO• performed according to County standards . w m W IN WITNESS WHEREOF, Covenantors have executed this Agreement °1w and Covenant at Greeley, Colorado , the day and 1/40Z year first above written. N ci O 0 W• COVENANTORS: r•io (--,,I 4 iairvl N t0 rl O W G+ S BSCRIBED AND SWORN,Th to before me this �`/Air day of e , 19 go ��!n""` T S my hand and official seal. 2 -0-" - ary Pub c /5- N�':pUC'Iy ycommission expires: 5/7/Yj ‘10,t.0.4.11.4_, .(21 7 3/4,:%,;, .,10F G 1/4e If BOARD OF COUNTY COMMISSIONERS ATTEST �, •f • WELD COUNTY, COLORADO Weld Ye� k d Recorder By- and C7.er ik j„ the J. cau'3 ine o nson , Chairman w iii • 1 . \ epla Ind my Cl k Page 3 of 3 Pages AR2fb,1991 AGREEMENT AND COVENANT NOT TO SUE Moc8 THIS AGREEMENT AND COVENANT NOT TO SUE, executed on o , 1986 , by Dale T. Winder ,., p and Connie S. Winder O of City a of , County of Weld, State of Colorado, herein 0 W referred to as "Covenantors, " to WELD COUNTY, by and through the o Board of County Commissioners of the County of Weld, State of o a Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter `n-q as "County. " a wParties agree that certain internal road improvements ,4 including 2-inch thickness paving 24 feet in width on a 30-foot wide, 4-inch crushed rock base should have been accomplished by the developer following approval of the First and Second Filing of py Antelope Hills Subdivision. County agrees that it was the tr) a original intent of the developer and the County to have the roads coo built to County standards and accepted by Weld County for ;;; z maintenance and that it continues to be the County' s intent to • w accept the roads within Antelope Hills, First and Second Filing, r-- E4 for County maintenance once the improvements set forth in the c") Petition to create the Antelope Hills Weld County Local w Improvement District have been accomplished. Parties further m w agree that there are currently general drainage problems in the °; w Subdivision beyond those problems associated with run off from o z roadways . N 'C The parties agree that there is the sum of approximately w a• $15 ,740. 00 which is currently held in escrow by Weld County from a R funds collected from the developer for the purpose of road '., improvement , which funds would be available for road improvements N regardless of the existence of this Covenant. g � o Mg; In consideration of the commitment by County to contribute the sum of $15,000 . 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows: SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, costs , and loss of services, expenses, or compensation for or on account of any S 'fe Page 1 of 3 Pages 00 damage, loss , or injury either to person or property, or both, NO whether developed or undeveloped, resulting or to result, known or N o unknown, past, present, or future, arising out of the approval of o the Antelope Hills Subdivision, First and Second Filing, the c„,31-1 taking or release of the security for subdivision improvements, O3 any inadequacy of drainage plans , the approval of the settlement o a with Daniel Robert Ponton, or any other purported failure by the • w County to require drainage facilities or paving of the roads shown o upon the Antelope Hills Subdivision, First and Second Filing, o recorded at Book 648 , Reception Numbers 1570391 and 1570392 N a respectively in the records of the Weld County Clerk and Recorder. 0 .. w a SECTION II . - PAYMENT NOT AN ADMISSION co o It is understood by Covenantors that the payment hereunder is for compromise of a doubtful and disputed claim, and it not be M Z N H construed as an admission of liability on the part of the County, r- by by whom liability has been expressly denied. 0 CO w rn W SECTION III. - RESERVATION OF RIGHTS m w z Covenantors expressly reserve all rights of action, claims, c0„ and demands against any and all persons other than County. This 0 • instrument incorporates a Covenant not to Sue and not a Release. ua a SECTION IV. - BINDING EFFECT OF COVENANT ri N N rl 0 This Covenant shall inure to the benefit of County, its officers , agents , employees , and assigns. It shall bind • w Covenantors , their spouses , their heirs , assigns, and any legal representatives. SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements, promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. n, Page 2 of 3 Pages re) O OO o\ . SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT cn O U This Covenant and Agreement shall be binding and take effect o upon the action of the Board of County Commissioners as ex officio 0 3 Board of the Weld County Antelope Hills Local Improvement District No. 1986-1 approving the final plans and specifications for the n-w project except that Covenantors temporarily retains the right to Q sue County based upon a claim that the work authorized under Weld o County Antelope Hills Local Improvement District 1986-1 has not w been performed to Weld County' s specifications and has not been n' z accepted by Weld County for maintenance. At such time as the o w roads have been accepted for maintenance, the covenants herein x shall become binding for all causes of action as recited in w• Section I . This shall not constitute any admission of liability '.o a on the part of the County for any failure to see that work is coo performed according to County standards. In CV H IN WITNESS WHEREOF, Covenantors have executed this Agreement o U) and Covenant at , the day and z year first above written. w r-Ia rn w Ch 44 r z COVENANTORS: N FCC N lG('.Z, `F/• Vede v s.G 7l.It.tom I ✓• (. L .1.....Ct-c W a r > SUBSCRIBED AND SWORN to before me this (>2/ day o� N lD ///ttt ,"µg11141q„,•w w WITNESS my hand and official seal. ., '3�o'°�' c 5•- yr %1c. ,; Notary Public .'t 1 a,. ,, al • ,, v My commission expires: r/1 'iu,rulln•"`` BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County: , Recorder By: and CleL` to the Ja que • ne J h son , Chairman nkt (11mty C rk rU1^if± Page 3 of 3 Pages ARd061992 AGREEMENT AND COVENANT NOT TO SUE M O oU THIS AGREEMENT AND COVENANT NOT TO SUE, executed on Max d3 /9g ' , 1986 , by C`.f/RisTDPN-ER M TDMETICf-f and P Q ,j J T lvteiItY ca of N / 3347(0 .Sio<nnice� &tae , City o W of a) VIds0Y , County of Weld, State of Colorado, herein referred to as "Covenantors," to WELD COUNTY, by and through the i 4 Board of County Commissioners of the County of Weld, State of Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter o as "County. " U on a Parties agree that certain internal road improvements o w including 2-inch thickness paving 24 feet in width on a 30-foot wide, 4-inch crushed rock base should have been accomplished by W the developer following approval of the First and Second Filing of 1/4O4 Antelope Hills Subdivision. County agrees that it was the co original intent of the developer and the County to have the roads r, z built to County standards and accepted by Weld County for w maintenance and that it continues to be the County' s intent to 1-" E accept the roads within Antelope Hills , First and Second Filing, o W for County maintenance once the improvements set forth in the t, W Petition to create the Antelope Hills Weld County Local rn w Improvement District have been accomplished. Parties further agree that there are currently general drainage problems in the o zz Subdivision beyond those problems associated with run off from roadways. w The parties agree that there is the sum of approximately $15 ,740. 00 which is currently held in escrow by Weld County from r+ d' funds collected from the developer for the purpose of road ri `°., improvement , which funds would be available for road improvements CD regardless of the existence of this Covenant. ww In consideration of the commitment by County to contribute the sum of $15 ,000 . 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows: SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages , costs , and loss of services , expenses, or compensation for or on account of any Y„CH 1 Page 1 of 3 Pages damage, loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or au unknown, past , present, or future , arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the N o taking or release of the security for subdivision improvements , any inadequacy of drainage plans , the approval of the settlement O with Daniel Robert Ponton, or any other purported failure by the ow County to require drainage facilities or paving of the roads shown upon the Antelope Hills Subdivision, First and Second Filing, w recorded at Book 648 , Reception Numbers 1570391 and 1570392 pa respectively in the records of the Weld County Clerk and Recorder. 0 UWW en SECTION II. - PAYMENT NOT AN ADMISSION It is understood by Covenantors that the payment hereunder is W for compromise of a doubtful and disputed claim, and it not be ,pa construed as an admission of liability on the part of the County, mu by whom liability has been expressly denied. mz N H • E O SECTION III. - RESERVATION OF RIGHTS ,., Covenantors expressly reserve all rights of action , claims, m w and demands against any and all persons other than County. This instrument incorporates a Covenant not to Sue and not a Release. � z oz N SECTION IV. - BINDING EFFECT OF COVENANT U a This Covenant shall inure to the benefit of County, its .-iin officers , agents , employees , and assigns . It shall bind Covenantors , their spouses, their heirs, assigns , and any legal r' o representatives . m SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements , promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages SECTION VII. - EFFECTIVE DATE OF COVENANT AND AGREEMENT This Covenant and Agreement shall be binding and take effect upon the action of the Board of County Commissioners as ex officio Board of the Weld County Antelope Hills Local Improvement District No. 1986-1 approving the final plans and specifications for the project except that Covenantors temporarily retains the right to sue County based upon a claim that the work authorized under Weld County Antelope Hills Local Improvement District 1986-1 has not been performed to Weld County' s specifications and has not been accepted by Weld County for maintenance. At such time as the roads have been accepted for maintenance , the covenants herein shall become binding for all causes of action as recited in Section I . This shall not constitute any admission of liability on the part of the County for any failure to see that work is performed according to County standards. IN WITNESS WHEREOF, Covenantors have executed this Agreement and Covenant at 4,1 C1 ,,..e _n_katt, , the day and year first above written. COVENANTORS: l.L t . 717` % / ?"--997- ,9 rd 0, `'h..$UBSCRIBED AND SWORN to before me this �j3 day of :‘,„G'"\ y,L.,, , 19Q � . ¢'uf`10TAitir,sS my hand and official seal. gt' its ,�r . .�,� , s 4,4-0- ' -1, -'- Notary Public j c' ,.` `r My commission expires : My Conmi uuY1 G *Z lone 1108S BOARD OF COUNTY COMMISSIONERS ° ' ` WELD COUNTY, COLORADO ATTEST r /]-- Weld a4 elk • Recorder BY:61—rAkyiNsw,0 %\---- and C1tt- the the 14 Ja Ruine Johnson, Chairman fo- ePu );, Qq Yr Clerk B 1121 REC 02061992 07/23/86 12 :03 $0. 00 3/003 F 0166 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO }";c.`:3 7; In Page 3 of 3 Pages AR2061993 AGREEMENT AND COVENANT NOT TO SUE THIS AGREEMENT AND COVENANT NOT TO SUE, executed on MAY 30 , 1986 , by J [tzaYu5 T4©wELC and GYNTi411i-D, fie wEL- o o of 116s Ae_mlbcIL Thivot , , City 0 of Lo ikkser , County of Weld, State of Colorado, herein 0 referred to as "Covenantors, " to WELD COUNTY, by and through the o Board of County Commissioners of the County of Weld, State of e Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter a as "County. " ow a o a Parties agree that certain internal road improvements '?A including 2-inch thickness paving 24 feet in width on a 30-foot a wide, 4-inch crushed rock base should have been accomplished by o the developer following approval of the First and Second Filing of ma Antelope Hills Subdivision. County agrees that it was the o original intent of the developer and the County to have the roads ;; `a ( built to County standards and accepted by Weld County for a maintenance and that it continues to be the County' s intent to to a accept the roads within Antelope Hills, First and Second Filing, wCi for County maintenance once the improvements set forth in the M Petition to create the Antelope Hills Weld County Local Z N H Improvement District have been accomplished. Parties further r H agree that there are currently general drainage problems in the o z Subdivision beyond those problems associated with run off from a roadways. m al 44 The parties agree that there is the sum of approximately o z $15 , 740 . 00 which is currently held in escrow by Weld County from ,o„ < funds collected from the developer for the purpose of road o improvement , which funds would be available for road improvements w ix regardless of the existence of this Covenant. P4 In consideration of the commitment by County to contribute Nko the sum of $15 ,000. 00 to the Antelope Hills Weld County Local r, o Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, w Covenantors and County covenant and agree as follows: SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim , demand, action, or cause of action for damages , costs , and loss of services , expenses , or compensation for or on account of any Page 1 of 3 Pages damage , loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present , or future , arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the r0 taking or release of the security for subdivision improvements, o v any inadequacy of drainage plans , the approval of the settlement with Daniel Robert Ponton, or any other purported failure by the o County to require drainage facilities or paving of the roads shown upon the Antelope Hills Subdivision, First and Second Filing, a recorded at Book 648 , Reception Numbers 1570391 and 1570392 c respectively in the records of the Weld County Clerk and Recorder. ofz v>w a SECTION II. - PAYMENT NOT AN ADMISSION 0 It is understood by Covenantors that the payment hereunder is o for compromise of a doubtful and disputed claim, and it not be construed as an admission of liability on the part of the County, N a by whom liability has been expressly denied. coa co U SECTION III. - RESERVATION OF RIGHTS m N H Val Covenantors expressly reserve all rights of action, claims, o a and demands against any and all persons other than County. This instrument incorporates a Covenant not to Sue and not a Release. m o" w rn Ga SECTION IV. - BINDING EFFECT OF COVENANT ZZ N4 This Covenant shall inure to the benefit of County, its ?' officers , agents , employees , and assigns . It shall bind aCovenantors , their spouses, their heirs , assigns , and any legal � representatives. CO (NW '' 0 SECTION V. - ENTIRETY CLAUSE ww This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements, promises, or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI. - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages SECTION VII. - EFFECTIVE DATE OF COVENANT AND AGREEMENT o o This Covenant and Agreement shall be binding and take effect o\ upon the action of the Board of County Commissioners as ex officio rnoo Board of the Weld County Antelope Hills Local Improvement District No. 1986-1 approving the final plans and specifications for the A project except that Covenantors temporarily retains the right to W sue County based upon a claim that the work authorized under Weld o County Antelope Hills Local Improvement District 1986-1 has not w been performed to Weld County' s specifications and has not been a accepted by Weld County for maintenance. At such time as the o roads have been accepted for maintenance, the covenants herein o w shall become binding for all causes of action as recited in o x Section I . This shall not constitute any admission of liability .. 4 on the part of the County for any failure to see that work is „`"_ performed according to County standards . w koa IN WITNESS WHEREOF" covenant9Fs pave executed this Agreement co o and Covenant at 41/.494402.-/ , 61~0 , the day and rnz N H year first above written. I '' �W t-- E orn W COVENANTORS: en o al w al 14 r z SUBSCRIBED AND SWORN to before me this JO a ‘ -1741 . 19 L'4 a ._ utptlnurr• , ..,• N WITNESS my hand and official seal. +• a`` 5 �; N r-1 . e el CD // '° 01IFi tt =mw t % CIY19 . Notary Public " /rWI4 My commission expires: se' BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO ^ X - \ Weld C.'. � � �� `�..\;Recorder By: ._- _ and C1f X t�l - . , Ja que ' ne Jo n on, Chairman , e.'T'C rk Page 3 of 3 Pages AGREEMENT AND COVENANT NOT TO SUE AR2068727 THIS AGREEMENT AND COVENANT NOT TO SUE, executed on September 8 , 1986 , by Jerry W. Howell and Cynthia D. Howell, attorneys in fact for John and Dolly Grenko, of 1185 Hemlock Drive ' City of Windsor , County of Weld, State of Colorado, herein referred to as "Covenantors , " to WELD COUNTY, by and through the Board of County Commissioners of the County of Weld , State of Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter as "County. " Parties agree that certain internal road improvements including 2-inch thickness paving 24 feet in width on a 30-foot wide, 4-inch crushed rock base should have been accomplished by the developer following approval of the First and Second Filing of Antelope Hills Subdivision. County agrees that it was the original intent of the developer and the County to have the roads built to County standards and accepted by Weld County for maintenance and that it continues to be the County' s intent to accept the roads within Antelope Hills , First and Second Filing, for County maintenance once the improvements set forth in the Petition to create the Antelope Hills Weld County Local Improvement District have been accomplished. Parties further agree that there are currently general drainage problems in the Subdivision beyond those problems associated with run off from roadways. The parties agree that there is the sum of approximately $15 ,740 .00 which is currently held in escrow by Weld County from funds collected from the developer for the purpose of road improvement, which funds would be available for road improvements regardless of the existence of this Covenant. In consideration of the commitment by County to contribute the sum of $15 ,000 .00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration , Covenantors and County covenant and agree as follows: SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action , or cause of action for damages, costs, and loss of services , expenses , or compensation for or on account of any B 1127 REC 02068727 09/09/86 13: 08 $0. 00 1/004 F 0914 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 1 of 3 Pages rs damage , loss, or injury either to person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, past, present, or future, arising out of the approval of the Antelope Hills Subdivision , First and Second Filing, the taking or release of the security for subdivision improvements, any inadequacy of drainage plans, the approval of the settlement with Daniel Robert Ponton, or any other purported failure by the County to require drainage facilities or paving of the roads shown upon the Antelope Hills Subdivision , First and Second Filing, recorded at Book 648 , Reception Numbers 1570391 and 1570392 respectively in the records of the Weld County Clerk and Recorder. SECTION II . - PAYMENT NOT AN ADMISSION It is understood by Covenantors that the payment hereunder is for compromise of a doubtful and disputed claim, and it not be construed as an admission of liability on the part of the County, by whom liability has been expressly denied. SECTION III. - RESERVATION OF RIGHTS Covenantors expressly reserve all rights of action, claims, and demands against any and all persons other than County. This instrument incorporates a Covenant not to Sue and not a Release. SECTION IV. - BINDING EFFECT OF COVENANT This Covenant shall inure to the benefit of County, its officers, agents, employees, and assigns. It shall bind Covenantors, their spouses , their heirs , assigns , and any legal representatives. SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements, promises, or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI. - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. B 1127 REC 02068727 09/09/86 13:08 $0. 00 2/004 F 0915 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 2 of 3 Paces , SECTION VII. - EFFECTIVE DATE OF COVENANT AND AGREEMENT This Covenant and Agreement shall be binding and take effect upon the action of the Board of County Commissioners as ex officio Board of the Weld County Antelope Hills Local Improvement District No. 1986-1 approving the final plans and specifications for the project except that Covenantors temporarily retains the right to sue County based upon a claim that the work authorized under Weld County Antelope Hills Local Improvement District 1986-1 has not been performed to Weld County' s specifications and has not been accepted by Weld County for maintenance. At such time as the roads have been accepted for maintenance , the covenants herein shall become binding for all causes of action as recited in Section I. This shall not constitute any admission of liability on the part of the County for any failure to see that work is performed according to County standards. IN WITNESS WHEREO ,oCovenan ors have executed this Agreement and Covenant at /�a I e&if, &,. , the day and year first above written . COVENANTORS: jr 1a-- .2_ / afe Attorneys in fact for : 9.0^-4,1. (,J , /4 G.4.,-JL John Grenko and Dolly Grenko SUB�SCRIBB, N SUBSCRIBED AND SWORN to before me this S day of A J WITNESS my hand and official seal. /o�� `'p2 JO -.r.�' Notary Public .. — -% 4 ,12”. - is It, ., icy w.w•'`f4Q. My commission expires: //p/90 ''"',,,,S •'''„«,N.r4, SZ 41MAI t • - BOARD OF COUNTY COMMISSIONERS ATTEST Lw�zro�i WELD COUNTY, COLORADO . Weld u4 i , yRecorder B N.X:N% \YY and C r1t,F�l 4 J-,cque ne Joh s•n , Chairman By: e ter erk B 1127 REC 02068727 09/09/86 13: 08 $0. 00 3/004 F 0916 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 3 of 3 Pages LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Dolly Grenko and John Grenko presently of the County of MciKinley and State of New Mexico do hereby and intend to create a limited Power of Attorney in Jerry & Cynthia Howeldr the purposes indicated below. The scope of authority of this limited Power of Attorney shall allow the Howell ' s to sign as our , Attorney in Fact for Dolly Grenko and John Grenko , any documentation necessary to complete the paving of the reads adjoining the property located at. ACR 70 and Siaconset Rd. Lot 22 , Win:?qnr ,inhn Grenko and Dolly Grenko will be unable to sign such petition in the presence of the Circulator person, thus creating the necessity to appoint The Howell' s as the Power of Attorney in order to complete the transaction. It is our intent to give The Howell 's that authority to do all things which we might personally do if present with respect to the transaction. IN WITNESS WHEREOF, we have executed this Power of Attorney for the expressed purpose only and for no other purpose this 2/ it day of MA-acli �9, 164144) The foregoing g ng instrument was acknowle ed before me this —7/4-1 day of ��ea,�, 19 �, by >1,1- and / 6L 2 K4 , husband and wife. My commission expiresta'sbMuy;,,rk n ,=xpi`a, 1042,A7 , Witness my hand arld oNti.1 . peal. \';. k �, STATE OF r,_�" �� ) COUNTY OF - SS � q i, " � : b." ( _%7'/ate r� Ls ri °9 ' NOTARY PUBLIC b � ? /, 1R ' ,, Vn, 7aecl B 1127 REC 02068727 09/09/86 13: 08 $0. 00 4/004 F 0917 MARY ANN FEUERSTEIN .CLERK & RECORDER WELD CO. CO AR2061994 AGREEMENT AND COVENANT NOT TO SUE en O 0 0 -+ O THIS AGREEMENT AND COVENANT NOT TO SUE , executed on I 1986 , by Margie A. Walke2r and o w of , City 0 3 of , County of Weld , State of Colorado , herein o x referred to as "Covenantors , " to WELD COUNTY, by and through the aBoard of County Commissioners of the County of Weld, State of o Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter as "County. " en Z Parties agree that certain internal road improvements 2z including 2-inch thickness paving 24 inches in width on a 30-foot a wide, 4-inch crushed rock base should have been accomplished by 1/4o ,-4 the developer following approval of the First and Second Filing of Antelope Hills Subdivision. County agrees that it was the M z original intent of the developer and the County to have the roads F built to County standards and accepted by Weld County for 0 cn maintenance and that it continues to be the County' s intent to w accept the roads within Antelope Hills, First and Second Filing, app for County maintenance once the improvements set forth in the g,172, Petition to create the Antelope Hills Weld County Local Improvement District have been accomplished. Parties further o z agree that there are currently general drainage problems in the IN Subdivision beyond those problems associated with run off from a roadways. z The parties agree that there is the sum of approximately 0 $15 , 740 . 00 which is currently held in escrow by Weld County from CV r funds collected from the developer for the purpose of road '-i0 improvement, which funds would be available for road improvements w w regardless of the existence of this Covenant. In consideration of the commitment by County to contribute the sum of $15 , 000 . 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows : SECTION I . - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute , or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages , costs , and loss of services , expenses , or compensation for or on account of any fThCci r) Page 1 of 3 Pages damage, loss , or injury either to person or property, or both, en whether developed or undeveloped, resulting or to result, known or OO unknown, past, present, or future , arising out of the approval of . the Antelope Hills Subdivision, First and Second Filing, the N8 taking or release of the security for subdivision improvements , any inadequacy of drainage plans , the approval of the settlement O• with Daniel Robert Ponton, or any other purported failure by the 0 !3 County to require drainage facilities or paving of the roads shown 0 o x upon the Antelope Hills Subdivision, First and Second Filing , „-w recorded at Book 648 , Reception Numbers 1570391 and 1570392 2 respectively in the records of the Weld County Clerk and Recorder. 0 U z SECTION II. - PAYMENT NOT AN ADMISSION .. w It is understood by Covenantors that the payment hereunder is for compromise of a doubtful and disputed claim, and it not be coi-1 construed as an admission of liability on the part of the County , CO U by whom liability has been expressly denied. mz N H \W 0 Ell SECTION III. - RESERVATION OF RIGHTS • �.41 Covenantors expressly reserve all rights of action, claims, gGW,, and demands against any and all persons other than County. This instrument incorporates a Covenant not to Sue and not a Release. z oz N Ft SECTION IV. - BINDING EFFECT OF COVENANT U a This Covenant shall inure to the benefit of County, its 7,1r... officers , agents , employees , and assigns . It shall bind Covenantors, their spouses , their heirs , assigns , and any legal H representatives. MN SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements , promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages Mo o U 0 M SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT A 0 w This Covenant and Agreement shall be binding and take effect 0 3 upon the action of the Board of County Commissioners as ex officio oa4 Board of the Weld County Antelope Hills Local Improvement District `o-o No. 1986-1 approving the final plans and specifications for the o project except that Covenantors temporarily retains the right to sue County based upon a claim that the work authorized under Weld M a County Antelope Hills Local Improvement District 1986-1 has not been performed to Weld County' s specifications and has not been accepted by Weld County for maintenance. At such time as the a roads have been accepted for maintenance, the covenants herein shall become binding for all causes of action as recited in m 0 Section I . This shall not constitute any admission of liability n z on the part of the County for any failure to see that work is N H performed according to County standards. N r E 0 a IN WITNESS WHEREOF, Covenantors have executed this Agreement and Covenant at , the day and mw year first above written. rnw z N F4 COVENANTORS: rE41 *1r r• N r- H o SUBSCRIBED AND SWORN to before me this a 7 day of co w ' 19 WIT SS my hand and official seal,, > a W..�•....., sue,:. v// y Z w r� -N t' otary Public tra� z ssion expires: Z 7 OF BOARD OF COUNTY COMMISSIONERS A ".. WELD COUNTY, COLORADO ATtI'LS'1`�: o, , \ '� \YhAO(� Weld Co t l xk an. 'Recorder Byp • and Cle .•0 .B• J cqu ine 'o nson, Chairman i »� e• tic J-* t C, rk v. U 4 `C ' . Page 3 of 3 Pages ARe061995 AGREEMENT AND COVENANT NOT TO SUE cn O o 0 /� E/ m U �I��T/tH/ItSe�_AGREEMENT , A1986 COVENANT, . TO • Sld �ir�executed on o W• ofd_33 'si,� 448 —AW. 0p , City 0 of zitAnA,0o'V , County of Weld, State of Colorado, herein o referred to as "Covenantors , " to WELD COUNTY, by and through the a (Am Board of County Commissioners of the County of Weld, State of a Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter U as "County. " mc4 Parties agree that certain internal road improvements La including 2-inch thickness paving 24 feet in width on a 30-foot wide, 4-inch crushed rock base should have been accomplished by • the developer following approval of the First and Second Filing of Log Antelope Hills Subdivision. County agrees that it was the • v original intent of the developer and the County to have the roads • built to County standards and accepted by Weld County for --• IA maintenance and that it continues to be the County' s intent to ow accept the roads within Antelope Hills , First and Second Filing, x for County maintenance once the improvements set forth in the to a Petition to create the Antelope Hills Weld County Local mr, Improvement District have been accomplished. Parties further agree that there are currently general drainage problems in the z O Z Z Subdivision beyond those problems associated with run off from roadways. e4 The parties agree that there is the sum of approximately $15 ,740.00 which is currently held in escrow by Weld County from N en funds collected from the developer for the purpose of road r+ I-I improvement, which funds would be available for road improvements rl o regardless of the existence of this Covenant. rew In consideration of the commitment by County to contribute the sum of $15 ,000 . 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows: SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages , costs, and loss of services , expenses , or compensation for or on account of any Page 1 of 3 Pages damage , loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result , known or unknown, past, present, or future, arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the 28 taking or release of the security for subdivision improvements, o any inadequacy of drainage plans , the approval of the settlement No with Daniel Robert Ponton, or any other purported failure by the o County to require drainage facilities or paving of the roads shown a upon the Antelope Hills Subdivision , First and Second Filing, ow recorded at Book 648 , Reception Numbers 1570391 and 1570392 0 3 respectively in the records of the Weld County Clerk and Recorder. o rz in-w O SECTION II . - PAYMENT NOT AN ADMISSION U r• co It is understood by Covenantors that the payment hereunder is .. for compromise of a doubtful and disputed claim, and it not be N construed as an admission of liability on the part of the County, by whom liability has been expressly denied. coa co u r\nz SECTION III. - RESERVATION OF RIGHTS - F Covenantors expressly reserve all rights of action , claims , z and demands against any and all persons other than County. This • r instrument incorporates a Covenant not to Sue and not a Release. rn w rn Ga 1/40 o Z SECTION IV. - BINDING EFFECT OF COVENANT o This Covenant shall inure to the benefit of County, its x officers , agents , employees , and assigns . It shall bind aU Covenantors, their spouses , their heirs , assigns , and any legal ., . representatives . N N N• O CD [y SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements , promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI. - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. re-ci: 3 'a Page 2 of 3 Pages en o U SECTION VII. - EFFECTIVE DATE OF COVENANT AND AGREEMENT ono This Covenant and Agreement shall be binding and take effect upon the action of the Board of County Commissioners as ex officio ▪ Board of the Weld County Antelope Hills Local Improvement District cfl o No. 1986-1 approving the final plans and specifications for the project except that Covenantors temporarily retains the right to vk w sue County based upon a claim that the work authorized under Weld • County Antelope Hills Local Improvement District 1986-1 has not o been performed to Weld County' s specifications and has not been • accepted by Weld County for maintenance. At such time as the M x roads have been accepted for maintenance , the covenants herein ▪ w shall become binding for all causes of action as recited in Section I. This shall not constitute any admission of liability • on the part of the County for any failure to see that work is w a performed according to County standards. mU M z IN WITNESS WHER OF CovenpD�ors ave executed this Agreement ▪ W and Covenant at G�tLldati C'KN9a , the day and o year first above written. W °IN COVENANTORS: Crt 44 �• z o• z /�1pX/� -p J7 //A p y.Y.(.4"P/�-� j 'K'i�J sCJ//O//7 ,l4iTJ7iY1 x s� SUBSCRIBED AND SWORN to before me this a8 .; of N In , 19 cfl, • r•I N \J UII III IIII//„/ /� r \`P l O 0\ 03 i�• WITNESS my hand and official seal. Vd .. .. , w w � Wl fQ f17 Notary Public My commission expires: 3I5g BOARD OF COUNTY COMMISSIONERS :: :2EPd S WELD COUNTY, COLORADO y Recorder By. • and C ,r "$ p t₹�e Bo' l S,cou ' ne Jo son, Chairman 11Y�C k ziC rk Nt t �' Page 3 of 3 Pages AR2061996 AGREEMENT AND COVENANT NOT TO SUE THIS AGREEMENT AND COVENANT NOT 7 SUE executed on 00 d' - / e , 1986 , by �,�r '" U of J3�'75"Lce� c� a i d - /cJc cCa,,, J c' -t- , City of /u corJ—c' , County of Weld, State of Colorado, herein referred to as "Covenantors , " to WELD COUNTY, by and through the 0 3 Board of County Commissioners of the County of Weld, State of Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter c v1w as "County. " uParties agree that certain internal road improvements w including 2-inch thickness paving 24 feet in width on a 30-foot d' a wide, 4-inch crushed rock base should have been accomplished by • w the developer following approval of the First and Second Filing of HZ Antelope Hills Subdivision. County agrees that it was the original intent of the developer and the County to have the roads 1/404 built to County standards and accepted by Weld County for co u maintenance and that it continues to be the County' s intent to z accept the roads within Antelope Hills, First and Second Filing, N -- IA for County maintenance once the improvements set forth in the CD• (f) Petition to create the Antelope Hills Weld County Local °l Improvement District have been accomplished. Parties further 'c M agree that there are currently general drainage problems in the M Ma, Subdivision beyond those problems associated with run off from '~• z roadways. oz c The parties agree that there is the sum of approximately • $15 , 740 . 00 which is currently held in escrow by Weld County from v a funds collected from the developer for the purpose of road improvement, which funds would be available for road improvements ✓"° regardless of the existence of this Covenant. N r g ter, '" o In consideration of the commitment by County to contribute w the sum of $15 ,000. 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, Covenantors and County covenant and agree as follows: SECTION I . - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, costs , and loss of services , expenses , or compensation for or on account of any Page 1 of 3 Pages damage, loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result , known or „no unknown, past, present, or future , arising out of the approval of o u the Antelope Hills Subdivision, First and Second Filing, the taking or release of the security for subdivision improvements , ` 8 any inadequacy of drainage plans, the approval of the settlement ca with Daniel Robert Ponton, or any other purported failure by the o w County to require drainage facilities or paving of the roads shown o upon the Antelope Hills Subdivision, First and Second Filing, o x recorded at Book 648 , Reception Numbers 1570391 and 1570392 vrw respectively in the records of the Weld County Clerk and Recorder. ca O 0 O a SECTION II. - PAYMENT NOT AN ADMISSION N 'a It is understood by Covenantors that the payment hereunder is r, g for compromise of a doubtful and disputed claim, and it not be construed as an admission of liability on the part of the County, ko a by whom liability has been expressly denied. co M Z N SECTION III. - RESERVATION OF RIGHTS ocn Covenantors expressly reserve all rights of action, claims, '.D and demands against any and all persons other than County. This a w instrument incorporates a Covenant not to Sue and not a Release. 1/4Oz oz o SECTION IV. - BINDING EFFECT OF COVENANT C.) fx This Covenant shall inure to the benefit of County, its officers , agents , employees , and assigns. It shall bind N Covenantors, their spouses , their heirs , assigns, and any legal r+ -I representatives . + o P7 w SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantors and County, and no statements , promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages co O SECTION VII. - EFFECTIVE DATE OF COVENANT AND AGREEMENT O O -, . This Covenant and Agreement shall be binding and take effect on upon the action of the Board of County Commissioners as ex officio A Board of the Weld County Antelope Hills Local Improvement District a No. 1986-1 approving the final plans and specifications for the o 3 project except that Covenantors temporarily retains the right to az sue County based upon a claim that the work authorized under Weld o}w County Antelope Hills Local Improvement District 1986-1 has not @ been performed to Weld County' s specifications and has not been O accepted by Weld County for maintenance. At such time as the w roads have been accepted for maintenance , the covenants herein 0 x shall become binding for all causes of action as recited in •• o Section I. This shall not constitute any admission of liability ti x on the part of the County for any failure to see that work is w performed according to County standards. 1/4O w co U IN WITNESS WHEREOF, Covenantors have executed this Agreement enZ N H and Covenant at 0.rin (2 , the day and w year first above written. O• (0 IX W COVENANTORS:kg Z N a ql- J24 ), A-La U a v2 da•Y��•n 'tttttt .i.. a SUBSCRIBED AND SWORN �to before me this pH OD ` I , 19 y .4%e.S . • �\ 7�.. N N. • WITNESS my hand and official seal. • • � o '� _a..r,. ' Notary Public a,,1 Ste• 1 My commission expires: g/0P 44 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld Ip & ,,GlOrk,.0d Recorder By:6 Ivtem- �_ Yi and G 'the .$ Ja clue ne nson, Chairman li ut' . Clerk . : •(4, ,i';-X,' , t'Y-ate :-,: Page 3 of 3 Pages • AR2LJ61997 AGREEMENT AND COVENANT NOT TO SUE THIS AGREEMENT AND COVENANT NOT TO SUE, executed on , 1986 , by G. John Brunner and Sherron A. Brunner City of inc of , County of Weld , State of Colorado , herein o U referred to as "Covenantors," to WELD COUNTY, by and through the Board of County Commissioners of the County of Weld, State of o Colorado, 915 Tenth Street, Greeley, Colorado 80631 , hereinafter • as "County. " a 0 3 Parties agree that certain internal road___.improiement,ai including 2-inch thickness paving 24 ' Lin width on a 30-foots ' o 41]- W wide, 4-inch crushed rock base should ave been accomplished by 2 the developer following approval of the First and Second Filing of o Antelope Hills Subdivision. County agrees that it was the W original intent of the developer and the County to have the roads o built to County standards and accepted by Weld County for c;,; 14 maintenance and that it continues to be the County' s intent to r-I accept the roads within Antelope Hills , First and Second Filing, w for County maintenance once the improvements set forth in the `° a Petition to create the Antelope Hills Weld County Local co v Improvement District have been accomplished. Parties further NH agree that there are currently general drainage problems in the • h Subdivision beyond those problems associated with run off from or roadways. w The parties agree that there is the sum of approximately o w $15 ,740. 00 which is currently held in escrow by Weld County from funds collected from the developer for the purpose of road improvement, which funds would be available for road improvements o regardless of the existence of this Covenant. z In consideration of the commitment by County to contribute the sum of $15 , 000 . 00 to the Antelope Hills Weld County Local N N Improvement District No. 1986-1 , which commitment to pay is hereby acknowledged, and other good and valuable consideration, o Covenantors and County covenant and agree as follows : ww SECTION I. - COVENANT NOT TO SUE Covenantors will never institute any action or suit at law or in equity against County nor institute , prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages , costs , and loss of services , expenses , or compensation for or on account of any Page 1 of 3 Pages damage, loss , or injury either to person or property, or both, whether developed or undeveloped, resulting or to result , known or unknown, past, present , or future , arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the taking or release of the security for subdivision improvements, any inadequacy of drainage plans , the approval of the settlement with Daniel Robert Ponton, or any other purported failure by the m o County to require drainage facilities or paving of the roads shown o u upon the Antelope Hills Subdivision, First and Second Filing, N o recorded at Book 648 , Reception Numbers 1570391 and 1570392 o respectively in the records of the Weld County Clerk and Recorder. a a o 11 c SECTION II. - PAYMENT NOT AN ADMISSION orx It is understood by Covenantors that the payment hereunder is • for compromise of a doubtful and disputed claim, and it not be w construed as an admission of liability on the part of the County, d n; by whom liability has been expressly denied. .. w SECTION III. - RESERVATION OF RIGHTS 00 U Covenantors expressly reserve all rights of action , claims , co z and demands against any and all persons other than County. This W instrument incorporates a Covenant not to Sue and not a Release. N o (1) SECTION IV. - BINDING EFFECT OF COVENANT o� W w This Covenant shall inure to the benefit of County, its o z officers , agents , employees , and assigns . It shall bind Ngt Covenantors, their spouses , their heirs , assigns , and any legal >, representatives. o P4 W r o SECTION V. - ENTIRETY CLAUSE N co This instrument reflects the entire agreement and covenant row between Covenantors and County, and no statements, promises , or inducements made by Covenantors or any agent of Covenantors that are not contained herein shall be valid or binding. SECTION VI . - COVENANT UNDERSTOOD BY COVENANTORS Covenantors has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT This Covenant and Agreement shall be binding and take effect upon the action of the Board of County Commissioners as ex officio Board of the Weld County Antelope Hills Local Improvement District No. 1986-1 approving the final plans and specifications for the project except that Covenantors temporarily retains the right to sue County based upon a claim that the work authorized under Weld County Antelope Hills Local Improvement District 1986-1 has not been performed to Weld County' s specifications and has not been accepted by Weld County for maintenance. At such time as the roads have been accepted for maintenance , the covenants herein shall become binding for all causes of action as recited in Section I . This shall not constitute any admission of liability on the part of the County for any failure to see that work is performed according to County standards. IN WITNESS WHEREOF, Covenantors have executed this Agreement and m and Covenant at , the year first above written. COVnENTAd�'ORS: 4z _.„,2_,,,,,,„/I q. , ,,i,,,,-„i.„-ty . , ) * AYE * '• p u 1TPt$5C•Ijy4BED AND SWORN to before me this Z. 7 day of ''':.%3% %.... Mit r 19 r‘ . 0 "14111‘N ESS my hand and official seal. Notary Public y commission expires: 71 e /g-- / 9re) BOARD OF COUNTY COMMISSIONERS ATTEST'4% 4 w` �a WELD COUNTY, COLORADO O�'YYV Ll� Weld n 'g, Ferk d'q Recorder By and Cl Yy }}4} ;fthe B d J cRu ine o nson, Chairman v Cam/ 1 oUptpClerk N. 014. B 1121 REC 02061997 07/23/86 12: 04 $0. 00 3/003 F 0181 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 3 of 3 Pages 14i DEPARTMENT OF ENGINEERING PHONE(303)35&4000 P.O. [3OX 758 GREELEY,COLORADO 80632 WI C. COLORADO July 7 , 1986 Henry W. & Maria W. Poos #1 Cliff Road Windsor, Colorado 80550 RE: Antelope Hills Improvement District Dear Mr. and Mrs . Poos : Antelope Hills Improvement District was bid on July 1 , 1986. The low bidder was Flatiron Paving Company of Greeley at $55, 659. 76 . This bid is $8 , 947 . 64 below the estimate presented at the public hearing. The awarding of the bid will take place July 16 , 1986 , at 9: 00 a.m. in the Commissioners hearing room. The approximate cost for the improvement district, if the low bid is accepted, will be as follows: Total construction $55 ,659 . 76 County contribution -15 ,000 . 00 Escrow -15 , 473 . 55 Improvement District $25 , 186. 21 $25 , 186 . 21 f 26 lots = $968 . 70 per lot The final cost will be based on actual quantities of materials used and will be presented at the final assessment hearing. The construction is planned to begin the first week of August, 1986 . If you have questions regarding construction, please contact the Weld County Engineering Department. All other questions can be addressed to Lee Morrison, Assistant County Attorney, at 356-4000, Ext. 4391 . S ' cerel Drew Scheltinga Director of Engineering Following is a list of those who have returned the Agreement and Covenant not to sue the County: / Steven Alan & Juanita Ann Clark Henry W. & Maria W. Poos 1/ George D. & Kristin D. Walker l/ David S. & Karen G. Woronoff. tJ (/ Ronald W. Rutz Joseph Charles , Jr. & Chrisann Borla V David 0. & Diane L. Gutierrez 1,7 John M. & Anne L. Merkley 1/ Timothy E. Phagan —a‘ fi"'el Harold Wayne & Janet C. Smith Keith A. & Karen M. Trusler Jeffrey G. & Nancy J. Manuel I/ Gerard & Geraldine R. Brodzinski Paul M. & Glenda S. Rhodes Richard & Barbara W. Hergert Dwayne & Jeri Scheere Paul Henderson Charles D. & Dorothy A. Brown Dale T. & Connie S. Winder ,» wave Christopher M. & Peggy J. Tometich Jerry W. & Cynthia D. Howell - John & Dolly Grenko 'V Margie A. Walker Sheldon R. & Brenda L. Stroman Harold W. & Irene Drieth _� G. John & Sherron A. Brunner �n • cs OFFICE OF COUNTY ATTORNEY PHONE(303)356•4000 EXT.4391 P.O. BOX 1944 GREELEY,COLORADO 80632 COLORADO March 31 , 1986 Ronald Rutz 3000 South College Avenue , Suite 103 Fort Collins , CO 80525 RE: Agreement and Covenant Not to Sue Dear Ron: I received your message in this matter and agree that some of your concerns should be contained within the Covenant . I have attempted to amend the Covenant , hopefully to your liking. The most difficult portion is that dealing with what to do if the roads are not accepted for maintenance. The contracts to be let by the Local Improvement District will require that the work be done to County standards and the contractors will be held to the same bonding requirements as is required in other County projects . Therefore, the County would proceed against the contractor if the work was not done to our satisfaction. What I would like to do is reserve within the Covenant not to Sue your right , to the extent you have standing, to pursue and issue of failing to require the contractor to build the road to County standards . Thank you for your continued cooperation . Yours -t uly, Lee D. Morrison Assistant County Attorney LDM: ss Enc. xc : Board of County Commissioners Donald D. Warden, Director of Finance and Administration Drew Scheltinga, Weld County Engineer inc.- . K :'tiJ....i iii. AGREEMENT AND COVENANT NOT TO SUE THIS AGREEMENT AND COVENANT NOT TO SUE, executed on , 1986, by of , City of , County of Weld, State of Colorado , herein referred to as "Covenantor, " to WELD COUNTY, by and through the Board of County Commissioners of the County of Weld, State of Colorado, 915 Tenth Street , Greeley, Colorado 80631 , hereinafter as "County. " Parties agree that certain internal road improvements including 2-inch thickness paving 24 i.nrhas in width on a 30-foot wide, 4-inch crushed rock base should have been accomplished by the developer following approval of the First and Second Filing of Antelope Hills Subdivision. County agrees that it was the original intent of the developer and the County to have the roads built to County standards and accepted by Weld County for maintenance and that it continues to be the County' s intent to accept the roads within Antelope Hills , First and Second Filing, for County maintenance once the improvements set forth in the Petition to create the Antelope Hills Weld County Local Improvement District have been accomplished. Parties further agree that there are currently general drainage problems in the Subdivision beyond those problems associated with run off from roadways . The parties agree that there is the sum of approximately $15,740 . 00 which is currently held in escrow by Weld County from funds collected from the developer for the purpose of road improvement, which funds would be available for road improvements regardless of the existence of this Covenant. In consideration of the commitment by County to contribute the sum of $15 , 000 . 00 to the Antelope Hills Weld County Local Improvement District No. 1986-1 , which Commitment to pay is hereby acknowledged, and other good and valuable consideration , Covenantor and County covenant and agree as follows: SECTION I . - COVENANT NOT TO SUE Covenantor will never institute any action or suit at law or in equity against County nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages , costs , and loss of services , expenses , or compensation for or on account of any damage, loss, or injury either to person or property, or both , Page 1 of 3 Pages whether developed or undeveloped, resulting or to result, known or unknown, past, present, or future, arising out of the approval of the Antelope Hills Subdivision, First and Second Filing, the taking or release of the security for subdivision improvements , any inadequacy of drainage plans, the approval of the settlement with Daniel Robert Ponton, or any other purported failure by the County to require drainage facilities or paving of the roads shown upon the Antelope Hills Subdivision, First and Second Filing, a copy of which is attached hereto and made a part hereof by reference as Exhibit "A. " SECTION II . - PAYMENT NOT AN ADMISSION It is understood by Covenantor that the payment hereunder is for compromise of a doubtful and disputed claim, and it not be construed as an admission of liability on the part of the County, by whom liability has been expressly denied. SECTION III . - RESERVATION OF RIGHTS Covenantor expressly reserves all rights of action, claims , and demands against any and all persons other than County. This instrument incorporates a Covenant not to Sue and not a Release. SECTION IV. - BINDING EFFECT OF COVENANT This Covenant shall inure to the benefit of County, its officers , agents , employees , and assigns . It shall bind Covenantor, his spouse , his heirs , assigns , and any legal representatives . SECTION V. - ENTIRETY CLAUSE This instrument reflects the entire agreement and covenant between Covenantor and County, and no statements , promises, or inducements made by Covenantor or any agent of Covenantor that are not contained herein shall be valid or binding. SECTION VI. - COVENANT UNDERSTOOD BY COVENANTOR Covenantor has carefully read the foregoing Agreement and Covenant not to Sue and knows and understands the content thereof. Page 2 of 3 Pages SECTION VII . - EFFECTIVE DATE OF COVENANT AND AGREEMENT This Covenant and Agreement shall be binding and take effect upon the action of the Board of County Commissioners as ex officio Board of the Weld County Antelope Hills Local Improvement District No. 1986-1 approving the final plans and specifications for the project except that Covenantor temporarily retains the right to sue County based upon a claim that the work authorized under Weld County Antelope Hills Local Improvement District 1986-1 has not been performed to Weld County' s specifications and has not been accepted by Weld County for maintenance. At such time as the roads have been accepted for maintenance, the covenants herein shall become binding for all causes of action as recited in Section I . This shall not constitute any admission of liability on the part of the County for any failure to see that work is performed according to County standards. IN WITNESS WHEREOF, Covenantor has executed this Agreement and Covenant at , the day and year first above written. COVENANTOR: • SUBSCRIBED AND SWORN to before me this day of , 19 WITNESS my hand and official seal. Notary Public My commission expires : BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder By: and Clerk to the Board Jacqueline Johnson , Chairman By: Deputy County Clerk Page 3 of 3 Pages Hello