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Home My WebLink About720621.tiff n 1`1 SUBDIVISION AGREEMENT THIS AGREEMENT , made and entered into this 9th day of February 1972 by and between the County of Weld , Colorado , hereinafter called "County" , and ERNEST R. AUSTIN. AKA E. R. AUSTIN hereinafter called "Subdivider" . WITNESSETH : WHEREAS , Subdivider is the owner of the following described property in the County of Weld , Colorado : SEE ATTACHED LEGAL WHEREAS , a final plat of said property , known as AUSTIN SUBDIVISION SECOND 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. 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 the 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. - 1 - C?o )7 1 � r t . 720621 1 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 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. 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 - 2 - 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 guar tee 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 Com- 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. - 3 - 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 ace./ 7.,.1#4-c.7e/ )1(e��, � Cti�c � (< `J 7 ' J ( ATTEST: edti C le ee o GGyeIs.:7( ��4.0.,.. Deputy Coun?yClock A PR9A ED AS TO ORM: / 1 CI�Cotf y Attorney (�, ,� � ' „et(Subdivider) By: (Title) ATTEST: (Title) - 4 - EXHIBIT "A" 1. THE SUBDIVIDER WILL PROVIDE ALL IMPROVEMENTS FOR AUSTIN SUBDIVISION SECOND FILING AS FOLLOWS : A. ALL STREET`; WILL BE SURFACED WITH ASPHALTIC CONCRETE AND WILL CONFORM WITH CITY OF GREELEY STANDARDS AND REGULATIONS. B. THE SUBDIVIDER WILL CONSTRUCT A WATER DISTRIBUTION SYSTEM FOR AUSTIN SUBDIVISION SECOND FILING AND WILL CONFORM WITH CITY OF GREELEY STANDARDS AND REGULATIONS. C. THE SUBDIVIDER WILL CONSTRUCT A SEWER COLLECTION SYSTEM AND WILL CONFORM WITH CITY OF GREELEY STANDARDS AND REGULATIONS. 2. THE SUBDIVIDER WILL CONSTRUCT THE AFOREMENTIONED AND ALL REMAINING IMPROVEMENTS BY JUNE 1, 1975. Amount of Note Seven Thousand Three Hundred Dollars ($7, 300. 00) Greeley, Colorado February 9 , 19 72 On demand after date for value received, the undersigned promises to pay to the order of the Board of County Commissioners, Weld County, Colorado, the sum of Seven Thousand Three Hundred Dollars ($ 7, 300. 00 ) with interest at ten percent (10%) per year from date of demand until paid. This note is given for the purpose of securing the Board of County Commissioners, Weld County, Colorado, against a contingent liability by reason of said Board of Commissioners, Weld County, Colorado, granting subdivision rights to one or more of the undersigned within the County of Weld, Colorado, as outlined in Subdivision Agreement dated February 9 , 19 72 , and guaranteeing installation of certain improvements in said subdivision by June 1 , 19 75 . Amount of note shall be conditioned by damages which the Board of County Commissioners shall suffer by failure of undersigned to perform under said agreement. Upon final acceptance of said improvements by the Board of County Commissioners, Weld County, Colorado, this obligation shall be void; otherwise to remain in full force and effect. The makers, endorsers, sureties, guarantors and assignors of this note severally saive demand, presentment for payment, protest and notice of protest and of non-payment, and agree and consent to any extensions of time of payment, without notice, by the holder on request of any of them. It is also stipulated that should this note be collected by an attorney after maturity or in case of default (whether by suit or otherwise) ten percent (10%), additional on amount due shall be allowed the holder as attorney fees. \-t; COPY ()rig/no I w Sa("e 1551 Accepted by the Board of County Commissioners, Weld County, Colorado February 14 , 19 72 THE BOARD OF COUbifY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: T es�/ � RK TO THE ARD y :z�� ,- - 1 / / IutyCountyC(er � 6, APPROVED A FORM: //� �' tw` / ,J5, 01- County'Attorney BEFORE THE-WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS CASE N0. S-93 1 /4172 APPLICATION OF E. R. Austin Address 1203 9th Street , Greeley, Colorado Moved by J . Ben Nix that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the Subdivision Plat Austin Subdivision Second Filing located on the following described property Weld County, Colorado, to-wit: See attached legal description be recommended (favorably) 7(OXlFaxi6ifCWO to the Board of County Commis- sioners for the following reasons: Meets subdivision regulations subject to the following post bond for street purposes of $7300.00 and/Written approval by the City of Greeley Motion seconded by Glen Anderson Vote: For Passage: Glen. Anderson Against Passage: _. Philip Bowles J . Ben Nix John Watson The Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board of County Commis- sioners for further proceedings. PC - S-005 0 LEGAL DESCRIPTION: A tract of land located in the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) of Section 14, Township 5 North, Range 66 West of the Sixth Principal Meridian, WEId County, Colorado, and being further described as follows: Commencing at the Northeast Corner (NE COR) of said Section 14 and consid- ering the East line of the Northeast Quarter (NE 1/4) of said Section 14 to bear South O1 ° 41 ' 10" East with all bearings contained herein relative thereto; Thence South O1° 41 ' 10" East along said East line of the Northeast Quarter (NE 1/4) of said Section 14, a distance of 945.96 feet; to the truer.point of beginning; Thence continuing South O1° 41 ' 10" East along the East line of the Northeast Quarter (NE 1/4) of said Section 14, 538.70 feet; Thence South 89° 58' 20" West, 1 ,425.23 feet; Thence North 03° 33' 00" West, 383.70 feet; Thence North 89° 57' 32" East, 1 ,177.59 feet; Thence North O1° 41 ' 10" West, 147.57 feet; Thence North 88° 18' 50" East, 260.00 feet; Said tract of land contains 13.588 acres. CERTIFICATION OF COPY I� Dorothy Chlanda , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on Jan . 3 , 1972 , and recorded in Book No. III , Page No. , of the proceedings of said Planning Commission. Dated this 1111 day of January , lg 72 Recording Secretary, W?di County Planning Commission WELD COUNTY OFFICE OF THE COUNTY ENGINEER COMMISSIONERS BYRON F. EWING MARSHALL H. ANDERSON COUNTY ENGINEER HARRY S. ASHLEY PHONE (309) 369-2212 gr GLENN K. BILLINGS EXT. 61 COURT HOUSE 4 C O LO R A U 0 GREELEY, 80631 4 February 1972 Mr. Samuel S. Telep County Attorney Weld County Courthouse Greeley, Colorado 80631 Dear Sam, After some discussion with Mr. Ernest R. Austin on Austin Subdivision Second Filing, I would reccommend the note amount of $7,300.00 and a time not to exceed the first of June, 1975. However, due to delays and questions on 35th Avenue plus a request by the city not to build the improvements on 35th at this time, I would also reccommend that a clause be added to the note reading "no penalty shall be assessed and time shall be allotted due to bureaucratic indecision on 35th Avenue." Let me know if I can be of further help. Sincerei , � I :yr.n F. Ewing Hello