HomeMy WebLinkAbout720624.tiff •
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SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this 2nd
day of February 1972 by and between the County of Weld ,
Colorado , hereinafter called "County" , and Louis C. Rieker,
Russell K. Haney and G. Frank Smith,Jr. dba Chalet West Development Co.
hereinafter called "Subdivider" .
WITNESSETH :
WHEREAS , Subdivider is the owner of the following
described property in the County of Weld , Colorado :
Description and plat attached
WHEREAS , a final plat of said property , known as
Chalet West,First Filing
has been submitted to the County for approval ; and
WHEREAS , it is provided by resolution of the Board of
County Commissioners , County of Weld , that no final plat shall
be approved unless the subdivider shall have entered into a
written agreement with the County to install certain improve-
ments ;
NOW , THEREFORE , in consideration of the foregoing and
the acceptance and approval of said final plat , the parties
hereto promise , covenant , and agree as follows :
1 . Engineering Services : Subdivider shall furnish , :
at its own expense all engineering services in connection
with the design and construction of the subdivision improve-
ments described and detailed on Exhibit "A" , attached hereto
and made a part hereof.
1 . 1 Said engineering services shall be performed by a
Registered Professional Engineer and Land Surveyor in
the State of Colorado and shall conform to the standards
and criteria for public works as established by the
County.
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1 . 2 Said engineering services shall consist of , but not
be limited to , surveys , designs , plans and profiles ,
estimates , construction supervision , and furnishing
necessary material to the County .
1 . 3 Subdivider shall furnish drawings and estimates to
the County for approval prior to ti,e letting of any
construction contract . Before acceptance of the install -
ed improvements , Subdivider shall furnish one set of re-
producible "as-built" drawings and a final statement of
construction cost to the County .
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720624
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2. Rights-of-Way and Easements: Before commencing the con-
struction of any improvements herein agreed upon, Subdivider shall
acquire, at its own expense, good and sufficient rights-of-way and ease-
ments on all lands and facilities traversed by the proposed improvements.
All such rights-of-way and easements shall be conveyed to the County
and the documents of conveyance shall be furnished to the County for
recording.
3. Construction: Subdivider shall furnish and install, at its own
expense, the subdivision improvements described and detailed on Exhibit
"A", attached hereto and made a part hereof.
3. 1 Said construction shall be in strict conformance to
the drawings approved by the County and the specifications
adopted by the County for public works projects. Whenever
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a subdivision is proposed within three miles of an incorpor-
ated community located in the County or located in any
adjacent county, the subdivider shall be required to install
improvements in accordance with the requirements and
standards that would exist if the plat were developed within
`the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards
at the time a subdivision is proposed, the requirements and
'standards of the County shall be adhered to. If both the
incorporated community and the County have requirements
and standards, those requirements and standards that are
,more restrictive shall apply.
3. 2 Subdivider shall employ, at its own expense, a qualified
testing company, previously approved by the County, to
perform all testing of materials or construction that is re-
quired by the County; and shall furnish copies of test results
to the County.
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3. 3 At all times during said construction, the County shall
have the right to test and inspect or to require testing and
inspection of material and work at Subdivider's expense. Any
material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satis-
faction of the County at Subdivider's expense.
• 3. 4 The Subdivider shall furnish proof that proper arrange-
ments have been made for the installation of sanitary sewer,
gas, electric, and telephone services.
3. 5 Said subdivision improvements shall be completed
according to the terms of this agreement within the "Time
for Completion" appearing in said Exhibit "A", which time
shall commence upon the date of this agreement. The Board
of County Commissioners, at its option may grant extension
of time of completion upon application by Subdivider.
4. Release of Liability: Subdivider shall indemnify and save
harmless the County from any and all suits, actions, or claims of
every nature and description caused by, arising from, or on account
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of said construction, and pay any and all judgments rendered against
the County on account of any such suit, action, or claim, together with
all reasonable expenses and attorney's fees, incurred by County in
defending such suit, action, or claim. All contractors and other
employees engaged in construction of the improvements shall maintain
adequate workmen's compensation insurance and public liability in-
surance coverage. And shall operate in strict accordance with
"Occupational Safety and Health Act, " and/or any regulations imposed
by the Industrial Commission of the State of Colorado.
5. Acceptance: Upon completion of said construction according
to the terms of this agreement, the improvements shall be accepted by
the County after written approval is received by it from its duly authorized
inspecting agent. Upon such acceptance of subdivision, all assignable
improvements shall automatically become public facilities and the property
of the County.
5. 1 If desired by the County, portions of the improvements
, may be placed in service when completed, but such use and
operation shall not constitute an acceptance of said portions.
5. 2 The County may, at its option, issue building permits
• for construction on lots for which the subdivision improvements
detailed herein have been started but not completed, and may
continue to issue building permits so long as the progress of
work on the subdivision improvements throughout the develop-
ment is satisfactory to the County; and all terms of this agree-
ment have been faithfully kept by Subdivider.
6. Maintenance: During a period of one year from and after the
final acceptance of the subdivision improvements, the Subdivider shall, at
its own expense, make all needed repairs or replacements due to de-
• fective materials or workmanship which, in the opinion of the County,
shall become necessary. If, within ten days after Subdivider's receipt
of written notice from the County requesting such repairs or replace-
ments, the Subdivider shall not have undertaken with due diligence
to make the same, the County may make such repairs or replacements
at the Subdivider's expense. In the case of any emergency, such written
notice may be waived.
7. Subdivider shall furnish to the Board of County Commissioners
• as a guarantee of compliance with this agreement: 1) Cash escrow deposit,
•or 2) Bank letter of credit, or 3) "Sub Division Bond" issued by surety
company authorized to do business in the State of Colorado, or. 4) Demand
Note signed by qualified obligors acceptable to the Board of County Corn-
missioners. Amount of any of the above guarantees shall be set by the
Board of County Commissioners and amount of guarantee may be adjusted
as portions of work are completed and accepted.
8. Successors and Assigns: This agreement shall be binding
upon the heirs, executors, personal representatives, successors, and
assigns of the Subdivider and upon recording by the County shall be
deemed a covenant running with the land herein described, and shall be
binding upon the successors in ownership of said land.
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed on the day and year first above written:
BOARD OF COUNTY COMMISSIONERS •
WELD COUNTY, COLORADO
664 �,S (C,, �(��
ATTEST:
Ir—
Jerk the Boar/e�
���r( Deputy Cc+;n;y Clark
PRO` • AS FORM: —
County Attorney '
i
Chalet West Development Co. a partnership
(Subdivider) •
By: r761/4.-4%t t
ZTitle)
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ATTEST:
By_ C/
(Title)
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