HomeMy WebLinkAbout750772.tiff SUBDIVISION AGREEMENT
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Auto. THIS AGREEMENT, made and entered into this leth day of
iruary, 1975 by and between the Count of Weld, Colorado, hereinafter
called "County", and Eciwasrci E. hene%r
hereinafter called "Subdivider".
WITNESSETH:
WHEREAS, Subdivider is the owner of the following described
p o erty in ttie County of Weld, C lorado:
�g.-4 nit 7-tim,ii,a �`��,��65 tOe.s o 6 /ih� tk �J
F/^ WHEREAS, a final} p at of said property, known as
�evbevq�J Subdivision
has bg�en submi/ted 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 cor__:`_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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750772
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:
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CJ,erk of the Boafd
AP, D AS T ORM:
ty Attorney
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(Subdivider)
By: £ ttr71.t/t
(Title)
ATTEST:
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SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A"
Date : Su 3 / /flt
Name of Su ' vision :
Location : A ktV 2 'C6 6SUJ
—
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
� I
,2
Street grading Op I
Street base o nL= I
Street paving 4co si
Curbs , gutters & culverts '
Sidewalks
Storm Sewer facilities
Retention ponds
Ditch improvements
Sub-surface drainage
Sanitary sewers
Trunk & forced lines
Mains
Laterals (house conn)
On-site Sewage facilities
On-site Water supply & storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscape proposal
Park improvements
SUB TOTAL
eln co
Supervision Cost
Engineering Costs
( testing , inspection , as=built plans and work in addition to
preliminary and Final . Plat)
c'c,
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $SCIC'
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.
et
1S -1,0 0 div1 er
( If corporation , to be signed by
President and attested to by
Secretary , together with the
• corporate seal . )•"Dated : /%-fre--4.. Z // , 19 7c,r
ACCEPTANCE
Approved by resolution of the
at the meeting of , 19_.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
�N
-
ATTEST: /
l , "— ski,-,tee, <
Clerk to the Board .
By ` / . Deputy County Clerk
L �ilCh �� �Zc.�
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APPROVE S TO F RM:C_
Count �ney
Fagerberg Subdivision
Assessors Valuation in this area as of 4-17-75 Assessed Value
Actual Value $2250. 00 per acre raw land $ 675 .00
Acutal Value $4500 . 00 per acre with streets and utilities $1350 . 00
Actual Value $9000. 00 per acre fully developed $2700 . 00
Lot 4 asking price $5000. as of 4-17-75
Lot 4 sized 1 . 2 acres m/1 equals $4166 . 67 round to $4170 .00
Less 6% Commission = $3919. 80 round to $3920 .00
Less 50% to develop (streets , water , sewer , interest , hearings ,
survey etc. ) = $1960. 00 per acre
.21 acres equals $411 . 60 round to $410. 00
Formula for Required Land Dedication
Required Acreage = RA EP
Expected Population =EP RA =1000 X 10 . 5
6 proposed lots X3 .4 average inhabitants = 20. 4 E .P.
R.A. = . 21 acres
•
Amount of Note $800 . 00
Greeley, Colorado March 31 19 75
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
Eight hundred Dollars•
( $800. 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 31 , 1975 , and guaranteeing installation
of certain improvements in said subdivision by Mich 31 1977
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.
Cr tyt1,i l .1'
L
Accepted by the Board of County Commissioners, Weld County, Colorado, this
day of 19
THE BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Clerk of the Board
Deputy County Clerk , •
APPROVED AS TdFORM;-
CouncyAL corney
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