HomeMy WebLinkAbout720006 AGREEMENT
THIS AGREEMENT, made and entered into this 19th day of
January , 1972 , by and between COUNTY OF WELD,
COLORADO, hereinafter called "County", and RALPH H. HEINZ, HAROLD
F. BAUMGARTNER, JAMES L. ADAMS and L. HARLOW IEEPER, hereinafter
called "owners" ,
WHEREAS, the Owners own certain property in the County of
Weld, Colorado, and have applied for rezoning of a portion of
same from A-Agricultural to I-Industrial; and
WHEREAS, a plot plan has been provided the County which
provides the legal description thereof and shows the location of
the improvements thereon and the location of certain rights of
way; and
WHEREAS, the Owners have conveyed to the County the rights
of way shown on the aforementioned plot plan; and
WHEREAS, as a part of the rezoning and approval of the use
to be made of the land in accordance with the Weld County Zoning
Resolution the Owners desire to enter into this Agreement with the
County to provide for the construction of a road on a portion of
Polk Avenue;
NOW, THEREFORE , in consideration of the foregoing and of the
granting of the zoning and approval of the use of the property
the Owners hereby agree as follows:
1. The Owners shall furnish and install, at their own expense,
the required labor and material to construct the portion of Polk
Avenue as shown on the plot plan. This road shall be constructed
in accordance with County specifications and requirements . This
PL 0120
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road shall be constructed by the Owners within one year from date .
The County has estimated that the cost of same shall not
exceed $2 , 800 .00 and the Owners have delivered to the County their
note for $2 , 800.00 payable in full on or before one year from
which note shall be cancelled upon the construction of the afore-
mentioned portion of the road by the Owners .
Upon completion of the road construction and upon acceptance
thereof by the County then said road and the improvements thereon
shall automatically become a Public facility and the property of
the County and Owners shall have no further claim thereto . Upon
said acceptance the County shall cancel the aforementioned note
and return same to the Owners . In the event the said road is not
constructed within one year then the County shall have the right
and option to construct same and charge the Owners for the cost
of construction rendering any balance remaining back to the Owners .
2 . During a period of one year from and after the acceptance
of the aforementioned road by the County the Owners shall, at
their own expense , make all needed repairs or replacements due to
defective materials or workmanship which, in the opinion of the
County, shall become necessary. If, within ten days after Owners
receipt of written notice from the County requesting such repairs
or replacements, the Owners shall not have undertaken with due
diligence to make the same , the County may make such repairs or
replacements at the Owners ' expense .
3 . The Owners shall indemnify and save harmless the County
from any and all suits , actions , or claims of every nature and
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description caused by, arising from or on account of said construction
and pay any and all judgements rendered against the County on
account of any such suit, action or claim, together with all
reasonable expenses and attorneys fees incurred by County and
defending any 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 lia-
bility insurance coverage .
4. This Agreement shall be binding upon the heirs, represen-
tatives, executors, successors and assigns of the Owners and upon
recording by the County shall be a real covenant running with the
land.
Dated this 19TH day of January , 19 7_2...
COUNTY OF WELD, COLORADO OWNERS• j _
� L i _ ��:,�
ATTEST;
County Cl rk and Recorder
AND CLERK TO THE BOARD
C
Deputy County Clerk •
,v
/THE BOARD OF OUN OMMISS IONERS
APPPOV AS TO F6RA4t WELD COUNTY, COLORADO
1 (. J. (7. .-
LINTY TTORNEY
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