HomeMy WebLinkAbout861228.tiff RESOLUTION
RE: APPROVE ASSIGNMENT OF IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR EXTERNAL IMPROVEMENTS BETWEEN
BEEBE DRAW LAND COMPANTY, LTD. AND BEEBE DRAW FARMS PROPERTY
OWNERS ASSOCIATION AND BEEBE DRAW FARMS METROPOLITAN DISTRICT
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , the Board did, by Resolution dated December 30 ,
1985 , approve an Improvements Agreement regarding external
improvements between Weld County; and Beebe Draw Land Company,
Ltd . and Beebe Draw Farms Property Owners Association , and
WHEREAS , subsequent to the execution of said Improvements
Agreement, the Beebe Draw Farms Metropolitan District was created
by law for the purpose of providing certain services , among which
are the improvement of access roads to the property within the
District, which improvements and maintenance are the obligation of
Beebe Draw Land Company, Ltd. and Beebe Draw Farms Property Owners
Association under said Improvements Agreement, and
WHEREAS, the Board has now been presented with an Assignment
of said Agreement between Beebe Draw Land Company, Ltd. and Beebe
Draw Farms Property Owners Association; and Beebe Draw Farms
Metropolitan District , and
WHEREAS, after review, the Board deems it advisable to
approve said Assignment, a copy being attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Assignment of
Improvements Agreement According to Policy Regarding Collateral
for External Improvements between Beebe Draw Land Company, Ltd.
and Beebe Draw Farms Property Owners Association; and Beebe Draw
Farms Metropolitan District be, and hereby is, approved.
mac • nn _ ` �, �''.. t < i 861228
Page 2
RE: ASSIGNMENT - BEEBE DRAW EXTERNAL IMPROVEMENTS
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 24th day of
December, A.D. , 1986 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: ,` LL pp'�' 4 4P°' , -: WELD COUNTY, COLORADO
AXA� S �'7 ".D
Weld County Clerk and Recorder _
and Clerk to the Board \cqu:Z ine nson, Chairman
BY: �2 , p ' G� .R=.-_.>,��._ a � I..- o-Tem
Deputy 'CISunty 1141
EXCUSED
APPROVED A TO FORM: Gene R. Brantner
C9C-C-/� F�d.�i' Lam'.
� kR_•__ C�� C.W Kirby f
C/
County Attorney . W 7
r n ama chi
86122M
ASSIGNMENT OF
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
This Assignment is made and entered into this f4H
day of ac _. , 1986 , by and between TEEBE JJRAW LAND
COMPANY, LTD . , a Colorado Limited Partnership, and BEEBE
DRAW FARMS PROPERTY OWNERS ASSOCIATION, hereinafter. called
"Applicant" , and BEEBE DRAW—FARMS METROPOLITAN DISTRICT ,
hereinafter called "District" .
Recitals
A. On December 30 , 1985, Applicant and the County of
Weld, State of Colorado, acting through its Board of County
Commissioners , hereinafter called "County" , entered into an
Improvements Agreement According Policy Regarding Collateral
for Improvements , a copy of which is attached hereto as Exhibit
"A" and is incorporated herein by this reference . Such Agree-
ment is hereinafter referred to as the "Agreement" .
B . Subsequent to the execution of the Agreement there
has been created by law the District for the purpose of providing
certain services to the property owners in the District. Among
such services include improvement and maintenance of access roads
to the property within the District, which improvements and
maintenance are the obligation of the Applicant under the Agreement.
C. The Di-strict desires to assume the obligation of
the Applicant for maintenance to and improvements of the
roads described in the Agreement in order to serve the property
owners of the District, and the Applicant desires to assign to
the District certain of its responsibilities under the Agreement.
NOW, THEREFORE, in consideration of the foregoing and
of the acceptance and approval of this Assignment, it is agreed
as follows :
1. Incorporation of Recitals . The foregoing Recitals
are incorporated herein by reference .
86122-8
2 . Assignment. Applicant does hereby assign and
transfer unto the District all of the Applicant ' s rights ,
responsibilities and obligations under the Agreement (including
the Road Maintenance and Improvement Agreement which is
incorporated in the Agreement by reference) as if the District
had originally been a party to the Agreement as the Applicant.
3 . Assumption. Subject to all applicable statutory
limitations , District does hereby assume all of the terms and
conditions of the Agreement and agrees to perform all of the
same as if the District had been originally named a party to the
Agreement in place of Applicant, except that District shall not
be required to provide insurance coverage in excess of $500 , 000 .00
pursuant to the Road Maintenance and Improvements Agreement.
This assumption includes assumption of the obligations of
Applicant under the terms and conditions of the Road Maintenance
and Improvements Agreement with the County. It is further
recognized that District shall not be subject to any collateral
requirements under either the Agreement or the Road Maintenance
and Improvements Agreement, provided that all roadway improvements
are constructed in accordance with 38-26-101 et.seq. C .R.S .
4 . Contingent Liability. Applicant hereby acknowledges
that while it is assigning certain of its obligations and
responsibilities under the Agreement to the District, Applicant
shall continue to have contingent liability to the County for
performance of the terms and conditions of the Agreement and
is not, by virtue of this Assignment, being released from said
responsibilities .
5 . Consent. Pursuant to the terms and conditions of
the Agreement, the Applicant is prohibited from this Assignment
without the prior written consent of the County, which consent
cannot be unreasonably withheld . The County has joined in
execution of this Assignment for the purposes of granting its
consent to this Assignment.
-2-
IN WITNESS WHEREOF, the parties have caused this
Assignment to be executed on the day and year first above
written.
BEEBE D W LAN COMPANY, LTD.
By nl ft f
BEEBE D FA S PROPERTY OWNERS
ASSOCI N
By
/� President
��J
/ATTES
Secretary ,'']/,'/NJ
BEEB RAW FARMS METROPOLITAN
DIS R T
By
a es W. F 1, resident
A`PTE.
Thomas Bilk, Secretary
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1A
ii
ATTEST: 6iltw a
��f
WELD COUNTY CI;ERK AND RECORDER
AND CLERK TO THE B ARD
By
APPROVED AS TO FORM:
COUN ATTORNEY
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