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RESOLUTION
RE: AGREEMENT BETWEEN WELD COUNTY AND GLOBE CONSTRUCTION
COMPANY AND COUNTRY CLUB VILLAS ASSOCIATION.
WHEREAS, Globe Construction Company, a Colorado Corporation,
and Country Club Villas Association, a Colorado Corporation, have sub-
mitted an Agreement accompanied with a condominium declaration for
Country Club Villas providing, among other things, for a private street
and any extensions thereof within the condominium, which street is known
as Ward Drive, all as more particularly set out in paragraph 31(b) of
said declaration, and
WHEREAS, the Board has determined and believes it to be in the
best interest of the County to enter into such an agreement on the basis
recited therein.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, Weld County, Colorado, that the Agreement submitted
by Globe Construction Company and Country Club Villas Association
providing for a private street known as Ward Drive and any extensions
thereto within the subdivision, copy of which is attached hereto and made
a part hereof by reference, be, and it hereby is approved.
BE IT FURTHER RESOLVED, that the Board be, and it hereby is
authorized, to execute the Agreement as submitted and to make the same
effective forthwith.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the 14th day of July, 1971.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Al C&Cfp ./1OPJT.i;
ATTEST:
TT^
nnagemw
�j- Cler ilof the Board
� _ e Deputy County Clerk
L'-PROV AS TO M:
r
County Attorney
CC: P. C.
City of Greeley
Globe Const Co.
Country Club Villas Assocn
710571
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AGREEMENT
THIS AGREEMENT, made and entered into this14th day of
July , 1971, by and among the County of Weld, Colo-
rado, hereinafter referred to as the "County", Party of the First Part;
City of Greeley, Colorado, hereinafter referred to as the "City", Party
of the Second Part; Globe Construction Co. , a corporation organized
and existing under and by virtue of the laws of the State of Colorado,
hereinafter referred to as "Globe", Party of the Third Part; and
Country Club Villas Association, a corporation not for profit organized
and existing under and by virtue of the laws of the State of Colorado,
hereinafter referred to as the "Association", Party of the Fourth Part;
WITNESSETH:
THAT WHEREAS, Globe is about to develop the real property
described as Tract "A", Country Club Estates, Weld County, Colorado
(hereinafter referred to as the subject property or subject area), under
the official Development Plan of Country Club Estates & College Green,
which property will be developed as a residential condominium project
to be known as Country Club Villas Condominium, and which property
and the constructed improvements will be depicted on a Condominium
Map prepared by a registered land surveyor and filed for record as is
required by C.R.S. (1963) 118-15-5 and Amendment thereto, and
WHEREAS, prior to commencement of the development of the
subject property, Globe will cause to be registered and recorded a Re-
plat of Tract "A", Country Club Estates, First Filing, depicting there-
on the several lots or parcels upon which the condominium improve-
ments will be constructed and the private roads and streets, and which
Replat shall otherwise conform to Weld County and City requirements,
and
WHEREAS, the parties hereto are desirous of providing ingress
and egress and rights of way in, to and over the said private roads or
streets in said Tract "A", to the County and to the City to enable either
or both to provide fire, police, utilities and other County and City serv-
ices in the described subject area.
NOW THEREFORE, in consideration of the premises and in con-
sideration of the Association and its members receiving the benefits of
fire, police, utilities and other services from the County and City, the
parties hereto agree as follows:
1. The Association for itself and as attorney-in-fact for the
owners of all units and interest in Country Club Villas Condominium,
hereby grants, bargains, sells, conveys and assigns to the County and
City a right of way for ingress and egress over all private roads or
streets shown on the Replat of Tract "A", Country Club Estates, First
Filing, County of Weld, Colorado, for the purposes of providing within
the subject area the public safety, sanitary and other normal and usual
county and city services, duties and responsibilities to the citizens of
the County, of Weld, together with any and all rights of way, easements
or rights of ingress and egress, necessary or convenient to the County
and City to accomplish such purposes; provided, however, that in non-
dedicated streets or other public ways and places existing within the
said Tract "A", the County and City shall not be obligated or expected
to perform any construction, reconstruction, maintenance, repair,
cleaning, snow removal, street lighting, traffic control or regulation,
or any other service on the private roads, streets or property within
the said Tract "A" which it does not or cannot perform on any other
private road, street or property.
2. The Association shall at all times so maintain the surface
and condition of the private roads or streets in the said Tract "A" (over
which the said rights of way are herein granted to the County and City)
so as to permit reasonably safe travel and convenient ingress and egress
to the vehicles and personnel of the County and City using such roads or
streets or other easements or rights of way, and in the event that the
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Association fails to provide such maintenance and ingress and egress,
the County and City are hereby authorized to remedy such failure, and
the Association hereby agrees to and shall pay to the County and City
the actual cost or expense incurred to remedy such failure within the
said Tract "A".
3. The Association shall in no way consider or hold the County
or City or its personnel guilty of a trespass in its performance of any
of the County or City services, duties or responsibilities referred to
herein.
4. The Association shall not close, block or vacate the roads
or streets in the said Tract "A" so as to impede, defeat or render im-
possible the providing to the area of County or City services referred
to herein.
5. Globe shall pay for and shall be responsible for the initial
costs of installation of any fire hydrants required within the subject
area, and,the Association shall thereafter be responsible for the main-
tenance of fire hydrants within the area as determined necessary by the
Fire Department of Weld County or the City of Greeley.
6. Globe shall pay for and be responsible for all of the costs
of installation, and the Association shall thereafter pay for and be
responsible for all of the costs of maintenance of sanitary and storm
sewers within Tract "A" as determined by and according to the speci-
fications of the Planning Commission of the County of Weld. While the
County and City assumes no obligation for the maintenance or operation
of such sewers or the failure of the Association to correct the malfunc-
tion in a reasonable time, the Association authorizes the County or
City to make or have made the correction or repair and to charge and
collect the cost thereof from the Association.
This Agreement shall become effective upon its ratification by
the Board of County Commissioners of the County of Weld and Council
of the City of Greeley and its execution by the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
PARTY OF THE FIRST PART:
BOA A OF COUNTY COM SIGNERS
ATTES/TT1� aIS/ /, l 7
COUNTY CLER i ` Chairman
/'5 -c...ZZ'- c
$- X! (r. L !"4ZC"L'C.. Gt.(-cc.)
Deputy d
RECOMMENDED AND APPROVED:
COUNTY PLANNING COMMISSION
Byx
Chairman
PARTY OF THE SECOND PART:
CITY OF GREELEY
ATTEST:
By
By Mayor
PARTY OF THE THIRD PART:
(Seal) GLOBE CONSTRUCTION CO.
•
ATTE T: By /1'W
`3 i.�/ //J ���f A G. K. Ward, President
Hazel,. Ward, Secretary
PARTY OF THE FOURTH PART:
(Seal) COUNTRY CLUB VILLAS ASSOCIA-
TION
ATTEST: �� /�/� 1,1
/9Va ,dz./ , e4C'• By ., id /
l President
Secretary
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The Agreement with Globe Construction Company and County Club Villas Association
was never completed with/ or by the City of Greeley. Ater numerous calls to the
City Clerk and Public Works Committee no cooperation was ever received in completing
this agreement.
W. Adams
esswAws,
To NE FILLED OUT ON THE RCCORo1NG CLERK AT TIME OF FILING \2 —t�� i} / ;'
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Na of Swimming. � � -
NAME or SusolvloER (t1V .�fi(/1. -C' PIC:+1>c / /
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LDCAT ION or�SIaDI S p
DATE or Emma 7 - /6 - 7 /
RECEPTION.wave /5'7/ 7 6 5-16 5-0
COUNTY CLERK AND RECORDER
It NOT FILED PLEASE INDICATE
REctsvwwor PLANNING ADMINISTRATOR
oe SECIKTARr or PLANNING COIDIIssies
OAT( REWftD IN THE MINUTES
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To BE FILLED OUT BY THE RECORDING CLERK AT TIME OF FILING
NAME or SIIBotvls ow �jP�..�r R t7 ' '' `i/jA�je A '
NAME or SUBDIVIDER (p��� (2fl it,‘A41—""_ 01).
LOCATION OF SUUDIYI ON 1/ S � (, 6
PREVIOUSLY RECORDED Vf, Q /6 _ /47 1)
DATE OF FILING )t,T,r q -/977
YRLVIUUSLY RECORDED /S'7/7( c/& S/ O
RECEPT ION .NUMBER /S7 s?-4 y 6/G. S/o
)'?-117 By i7lat-1. 4
DEPUTY CLERK AND RECORDER
IF NOT FILED PLEASE INDICATE
RECEIVED BY PLANNING ADMINISTRATOR
OR SECRETARY OF PLANNING COMMISSION
DATE RECORDED IN THE MINUTES
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To OE FILLED OUT DY THE/ RECORDING CLERK/AST/ TIME OF FILING •n
NAME OF SUBDIVISION�f}"e-x-.vJti7J77o �/ !"n.�.-i/t f.G--.deali -�- 211;,
NAM of SusDIV IDER ( -cairn I L L oQuJi. .J(mn. � �/I_o ss�G �_am 2 ,2.,i
LOCATION or SUBDIVISION 2., //- 5 -/G
DATE OF FILING 9.,Lz az X97/
RECEPTION -NUMBER in N9V/o�J41
619 p/ f
BY IO.L .t.U. 7/7_.9. JJ
DEPUTY COUNTY CLERK AND RECORDER
IF NOT FILED PLEASE INDICATE
RECEIVED BY PLANNING ADMINISTRATOR
OR SECRETARY OF PLANNING COMMISSION
DATE RECORDED IN THE MINUTES
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