HomeMy WebLinkAbout740661.tiff -64b,
SUBDIVISION AGREEMENT
3rd
1� ril THIS AGREEMENT, made and entered into this nth day of
.7 ry, 1972=by and between the County of Weld, Colorado, hereinafter
called "County", and Louis C. Rieker, Russell K. Haney and C. Frank
Smith, Jr.
hereinafter called "Subdivider".
WITNESSETH:
WHEREAS, Subdivider is the owner of the following described
property in the County of Weld, Colorado:
Block 1 , Chalet West, Second Filing, a subdivision being part of the
West One-half (wi) of the Southwest Quarter (swE) of section 2l, town-
ship 5 North, Range 66 West, of the 6th Principal Meridian, Weld County,
Colorado.
WHEREAS, a final plat of said property, known as Chalet West.
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 improvements;
NOW, THEREFORE, in conl:deration 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 enginerring services in connection with the design and
construction of the subdivision improvements 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 con-
struction contract. Before acceptance of the installed
improvements, Subdivider shall furnish one set of repro-
ducible "as-built" drawings and a final statement of
construction cost.to the County.
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740661
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 th? 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,
water, 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 --pairs 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 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.
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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
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ATTEST:
Clerk of the NBo Board ,tiP, ,�,+,
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oun y Attorn y
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(Subdivider)
By: -
(Title)
ATTEST:,
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SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A"
Date : March 22 1974
Name of Subdivision : Chalet West
Location : Adjacent to 35th Avenue and 35th Street
Intending to be legally bound , the undersigned subdivider hereby agrees
to provide throughout this subdivision and as shown on the subdivision
plat of , dated , 19 , the following
county improvements . —'
(Leave spaces blank where they do not apply) Estimated Construction
Unit Construction Completion
Improvements Cost Cost Cost
Street grading - - 1 ,000
Street base 4" 0.60 2,005
Street paving & Prime Coat 1 .60 5,350
Curbs , gutters & culverts ) )
Sidewalks J I 8,800
Storm Sewer facilities - - - -
Retention ponds - - - - 1
Ditch improvements - - - -
Sub-surface drainage - - - -
Sanitary sewers - - - -
Trunk & forced lines
Mains 3_,sec jJ.-2.s; ,
Laterals (house conn) 400 /
On-site Sewage facilities - - - -
On-site Water supply & storage - - Ali
Water mains 4X000 3,737
Fire hydrants 3 ,000
Survey & street monuments & boxes - - :—'-..),v
Street lighting - - - -
Street name signs - - - - 1
Fencing requirements - - - - I
Landscape proposal • - - - - I
Park improvements
S11R TOTAL $26,055
Supervision Cost $650
Engineering Costs $izsu
( testing , inspection , as=built plans and work in addition to
preliminary and Final . Plat)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 27,955
SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A"
(continued)
The above improvements shall be constructed in accordance with all
County requirements and specifications , and conformance with this
provision shall be determined solely by Weld County , or it' s duly
authorized agent.
The improvements shall be constructed in accordance with the time
schedules shown above.
//14:4 G' - c.! :41/7-sal+.
Signature of 'Su ivider
( If corporation , to be signed by
President and attested to by
Secretary , together with the
corporate seal . )
Dated : a - „7., , 197
ACCEPTANCE
Approved by resolution of the era of county commissioners
at the meeting of April 3 , 1974.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
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ATTEST /f ll c----7"--01,--c-,—Z-c.r _
CJ.erk to the Boar
B /,71;-rt .Ci 2602w Deputy County Clerk
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Amount of Note $28,000.00 ;
Greeley, Colorado March 22 , 1974
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
Twenty-Eight Thousand and No/100 Dollars
( $ 28,000.00 ) 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 Sub-
division Agreement dated March 22 , 19 74 , and guaranteeing installation
of certain improvements in said subdivision by —JOY 1 , 19 %d.d�2
et
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Amount of note shall be conditioned by damages which the Board of County
Commissioners shall suffer by failure of undersigned to perform under said agree-
ment. 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
waive 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.
If the improvements as shown have not been constructed by the stated completion
time, the Board of County Commissioners, at its option, may re-negotiate the
note amount to reflect change in construction cost and the amount of improvement
construction completed.
NOTE: APPROVED FINANCIAL STATEMENT
MUST BE ATTACHED.
CHALET WEST PARTNERSHIP
�r '-Louis C. Rieker
nrn I . K. Haney
j'Aeinje"se‘a.-111'. \
C. Frank Smith, Jr.
Accepted by the Board of County Commissioners, Weld County, Colorado, this
3rd day of April , 19 74 .
THE BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
7 /.
Clerk of the Boar �L ; » 7 '
Deputy County Cl k / . )
APPROVED AS TO,FORM:
). l 4.
r County Attorney
To eg FILLED out GY THE Reason* CLERK AT TIME of FILING / <9'a; kh ,,: Y' _2„_fir.
NAME of Sun IV1;IoM (1.4.011 ./ Li ` J/..(fJ:44/nt.eli!l- 2
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LOCATION or Swoons c3/I/1, .r/Jc/7YrJLC/i LJGCJ n( T-' "��C�
Drat or Fain; J. .23
RECEPTION.NUMBER /\572d1£
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fort COUNTY ANO RECORDER
IF NOT FILED PLEASE INDICATE
RECEIVED BY PLANNING ADMINISTRATOR
OR SECRETARY OF PLANNING COMMISSION
DATE RECOPIED IN THE MINUTES
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