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RESOLUTION �a h
RE: SUBDIVISION NOTE FOR WESTRIDGE FIFTH FILING.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, on July 28 , 1975, the Board of County Commissioners
of Weld County, Colorado approved the subdivision plat known as
Westridge Fifth Filing and received a note in the amount of Thirty
Eight Thousand Six Hundred Sixty Five Dollars and no/100 ($38,665.00)
from the developers guaranteeing installation of certain street
improvements in said subdivision by August 1, 1977 as listed in
Exhibit "A" to the subdivision agreement accompanying said plat
and note, and
WHEREAS, a provision of the note for Westridge Fifth Filing
provides that if the improvements have not been constructed by the
completion date, the Board of County Commissioners may, at its
option, renegotiate the note amount to reflect change or construction
cost and the amount of improvement construction completed, and
WHEREAS, the Board of County Commissioners has approved the
replat of Block 1 of Westridge Fifth Filing resulting in the vacation
of the public streets shown thereon, and
WHEREAS, the aforementioned subdivision improvements agreement
and note guaranteeing the performance of the agreement cover im-
provements contemplated in both Blocks 1 and 2 of the subdivision,
and,
WHEREAS, due to the vacation of public streets in Block 1 by
the replat of that Block, the amount of public improvements to be
constructed and guaranteed has been reduced, and
WHEREAS, the Board of County Commissioners does not find it
necessary to re-negotiate the amount of the note of July 28, 1975 ,
in that the projected construction costs of street improvements for
Block 2for Westridge Fifth Filing is $22 ,000 .00 , an amount less than
the amount currently guaranteed by the note of July 28, 1975, and
781000
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WHEREAS, the Board of County Commissioners wishes to release
the subdivider from its obligations under the subdivision agree-
ment insofar as they relate to Block 1 of Westridge Fifth Filing,
which has been replotted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that Rocky Mountain Enterprises
of New Jersey, subdivider of Westridge Fifth Filing, be, and hereby
is, released from its obligations under the subdivision agreement
dated July 28, 1975 relating to construction of street improvements
for Block 1 of Westridge Fifth Filing.
BE IT FURTHER RESOLVED that the subdivision agreement and the
note dated July 28, 1975 in the amount of $38, 665. 00 remain in full
force and effect in its full face amount until such time as the
guaranteed improvements are constructed by the subdivider.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 22nd day of
May , A.D. , 1978.
BOARD OF COUNTY COMMISSIONERS
WELD COUN Y, COLORADO
ATTEST: 7 ' IQ u1 �A6a✓
Weld County Clerk and Recorder
and Clerk to the Bob .
B _ D-pu County ty
D-puty County " lerk
AP•'OVH6 AS TO FORM:
County Attorney
`'
Date Presented: May 22 , 1978
G
- —�- • . - -
Amount of Note 4 36 (a G S °°
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JO
Greeley, Colorado U LI as , 19 71
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
/iv/try i'c vr /eous4wb Sik kledA.A44.4) Snr7 - F,uE - Dollars
( $ 363, 66,c °� ) 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 ,Jut.y ze , 197s—, and guaranteeing installation
of certain improvements in said subdivision by Aosusr , 19 77 .
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.
ROCKY MOUNTAIN ENTERPRISES S OF NEW JERSEY
.�G� aUes�r,dje ¢TA'
7/.L/' 'J'�/�l a n[ea./ ,.$ /em en,/-
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Accepted by the Board of County Commissioners, Weld County, Colorado, this
day of , 19
THE BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
c /1.4—. -" 11:e G•7--
Clerk of the Bo/r ,
(BY mile/Li ( Ale t
()Deputy County Clerk U l r I
APPROVED AS TO CORM:
County Attorney .f
ill III
sears1221 eighth avenue greeley, colorado 80631 303-356-7700
and COrllpplly
Realtors
November 24, 1978
Mr. Gill Olsen
Weld County Engineering Department
P.O. Box 758
Greeley, CO 80632
Dear Mr. Olsen ,
The Replat of Block 1 , WESTRIDGE 5th Filing was approved by Weld
County subject to the installation of asphalt in a driveway connect-
ing the south edge of this filing with the 28th Street frontage road.
1 will appreciate you and the State Highway Department inspecting
the installed pavement and giving me written acceptance of this work.
Best regards,
Ro r SeaT�
cc: Mr. Dave Fraser
District Maintenance Superintendent
State Highway Department
16FV:157yran
1 ,
{ 1
WELD COUNTY
Engineering Department
residential, investment & commercial sales, property management, and development
2
. RECORDING DATA — MAPS b PLA�
NAME OF SUBDIVISION Replat of Block 1 of Westridge Fifth Filing_�!_.�_
NAME OF SUBDIVIDER David E 8 Gretchen L Clark
LOrATION OF SUBDIVISION Pt SW4 Sec 16, T5N R66W of the 6th P.M. Weld County Block 1 of
➢iest-ridge k13jh F111n
DATE OF RECORDING AUG 3 1978 BOOK 540 RECEPTION N 1962316
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
BY/ti
DEPUTY COUNTY CL RK 6 R f.ORDF
Date: March 29, 1978
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