HomeMy WebLinkAbout861227.tiff RESOLUTION
RE: APPROVE ASSIGNMENT OF IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOP INTERNAL IMPROVEMENTS BETWEEN
BEEBE DRAW LAND COMPANY, LTD. 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 internal
improvements between Weld County and Beebe Draw Land Company,
Ltd . , and
WHEREAS, subsequent to the execution of said Improvements
Agreement, the Beebe Draw Farms Metropolitan District has been
created for the purpose of providing certain services, among which
are the development and creation of certain improvements to the
property within the District, a portion of which were the
obligation of Beebe Draw Land Company, Ltd. under the 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 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 Internal Improvements between Beebe Draw Land Company, Ltd.
and Beebe Draw Farms Metropolitan District be, and hereby is ,
approved.
FL � ' Cc , f3 - P 861227
Page 2
RE: ASSIGNMENT - BEEBE DRAW INTERNAL IMPROVEMENTS
IPhe 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 1'; WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board a qu i so Chairman
BY: Gord a V o-Tem
Deputy C un y erk
EXCUSED
APPROVED AS TO FORM: Gene R. Brantner
( _ (: C.W. Kirb
County Attorney
Fran am c
861227
ASSIGNMENT OF
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
This Assignment is made and entered into this /644
day of cerdsT , 198b , by and between BEEBE DRAW LAND
COMPANY, LTD . , a Colorado Limited Partnership, hereinafter
called "Applicant" , and BEEBE DRAW FARMS METROPOLITAN DISTRICT
hereinafter called "District" .
Recitals
A. On December 3_ , 1-985, 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 are the development and creation of certain improve-
ments to the property within the District, a portion of which
improvements were the obligation of the Applicant under the
Agreement.
C . The District desires to assume the obligation of
the Applicant for development of certain improvements on the
property 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 refp rence .
861221
2 . Assignment. Applicant does hereby assign and transfer
unto the District all of the Applicant' s rights , responsibilities
and obligations under the Agreement as if the District had origi-
nally been a party to the Agreement as the Applicant except as to
the obligation of the Applicant to install or make arrangements
for installatin of electric and telephone services to the property
described in the Agreement. As to the obligation of the Applicant
for the installation or arrangements for installation of electric
and telephone services to the property described in the Agreement,
the Applicant shall continue to be fully responsible for the fur-
nishing of such services subject to all of the terms and conditions
of the Agreement as if such Agreement had not been assigned in any
respect. 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.
3 . Assumption. Subject to all applicable statutory
limitations District does hereby assume all of the terms and condi-
tions of the Agreement and agrees to perform all of the same as if
the District had been named a party to the Agreement originally
except for the reserved obligation of the Applicant for the fur-
nishing of electric and telephone services .
4 . Contingent Liability. Applicant hereby acknowledges
that while it is assigning certain of its obligations and responsi-
bilities under the Agreement to the District, Applicant shall con-
tinue 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.
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IN WITNESS WHEREOF, the parties have caused this
Assignment to be executed on the day and year first above
written.
BEEBE 14AW L COMPANY,�i] LTTD__.�
By t31 d ►RR "
BEEBE II1RAW T'ARMS METROPOLITAN
ran ETCT
ATTES .
By .{D
Ja s W. F 11, President
Thomas Burk, Secretary
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
2,7
ATTEST:
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE OARD
By . i2 ' / J
APPROVED AS TO FORM:
CUit COUNTS ATTORNEY ,
X � v ,
1
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