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RESOLUTION
RE: APPROVAL OF ADDENDUM TO PARKLAND SUBDIVISION IMPROVEMENTS
AGREEMENT AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME. '
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, a Parkland Subdivision Improvements Agreement was
approved by the Board of County Commissioners of Weld County,
Colorado and recorded in Book 809 , Reception No . 1730930 , Weld
County records, and
WHEREAS, the Board desires to amend paragraph 6. 3 of said
Subdivision Improvements Agreement, by addendum, to read as
follows :
"6. 3 No building permits shall be issued
from this date forward until certi-
fication is received by the Board
from the contractor, subdivider ' s
engineer, and the department of health
that the 200 ,000 gallon water storage
tank is installed. Certificate of
Occupancy may be given to those struc-
tures holding building permits issued
prior to the date of this agreement
providing they comply with the Weld
County Building Code. Exception to
the building permit restriction will
be allowed to only permit construc-
tion related to installation of the
water tank, water wells and other
appurtenant parts of the water system
being constructed by the subdivider. "
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the addendum to the
Parkland Subdivision Improvements Agreement concerning paragraph
6 . 3 be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is , authorized to sign said addendum.
790186
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 19th day of
December, A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
CitJ Qs. _(Aye)
Norman Carlson,, Chairman
s ���� iti.) .L.„2244-(Aye)
Lydi nbar, Pro-Tem
tilt c(x (Aye)
C . W. Kirby
l' «.ice , I`1,i (Aye)
Lenard L. Roe
;'
1/A / 4/10/71/71/'.i� (Aye)
Jane K. St�einmark
' 'L.. /I `: n1.;
ATTEST: ` .i.i.:4 Ts' :7,Ak r " •+,v_:?:Wyz.!
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Weld County Clerk and Recorder
and Clerk to the Board
By:_ ' ) .1// i I , , I
Deputy County 1erk
APB ED AS TO FORM: y--�/
County Attorney
DATE PRESENTED: FEBRUARY 11 , 1980
SECOND ADDENDUM TO SUBDIVISION AGREEMENT
THIS ADDENDUM made and entered into this day of
February, 1980 , nunc pro tunc December 19 , 1979 , by and between
PARKLAND ESTATES , INC . , a Colorado corporation hereinafter called
"Parkland, " and the COUNTY OF WELD, by and through its Commis-
sioners , State of Colorado , hereinafter called the "County" .
WITNESSETH:
1 . Parkland is engaged in the development of the Subdivision
known as Parkland Estates according to the recorded plat
thereof.
2 . At the time the County approved the final plat for Park-
land Estates , a Subdivision Agreement was executed by
the parties covering the duties and responsibilities
of Parkland with respect to the development of Parkland
Estates Subdivision. A copy of such subdivision Agree-
ment is attached hereto as Exhibit "A" and is , by
reference, made a part hereof.
3 . On September 13 , 1978 , an Addendum to said Subdivision
Agreement was executed by the parties covering modifi-
cations and additional duties and responsibilities of
Parkland with respect to the development of the Park-
land Estates Subdivision. A copy of said Addendum is
attached hereto as Exhibit "B" and is , by reference, made
a part hereof.
4 . It is the desire of the parties hereto to amend the pro-
visions of paragraph 6 . 3 of said Exhibit "A" to read as
follows :
"6 . 3 No building permits shall be issued
from this date forward until certification
is received by the Board from the contractor,
subdivider ' s engineer, and the department of .
health that the 200 , 000 gallon water storage
tank is installed . Certificate of Occupancy
may be given to those structures holding
building permits issued prior to the date of
4 4
this agreement providing they comply with
the Weld County Building Code. Exception
to the building permit restriction will
be allowed to only permit construction
related to installation of the water tank,
water wells and other appurtenant parts
of the water system being constructed by
the subdivider. "
5. This Addendum shall be binding upon and inure to the
benefit of the heirs , successors , assigns and legally
appointed representatives of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals on this day of February, 1980, nunc pro
tunc December 19 , 1979 .
ATTEST: PARKLAND ESTATES , INC .
By:
Secretary President
f
'I Iy ^� t tw;4 'Wyu•-
p BOARD OF COUNTY COMMISSIONERSATTEST: WELD COUNTY, COLORADO
fl
Weld County Clerk and Recorder
Clerk to the rd .
By : �: fiT u c-(y
By: /9 , t( fu/ ' IG0✓ Chairman
Deputy CounY4'y Clerk ,/\
• -2-
• i
FREDERICK L. GINSBERG, P.C.
ATTORNEYS AT LAW
3600 SOUTH YOSEMITE
SUITE 840
DENVER, COLORADO 80237
(303) 773-1405
FREDERICK L. GINSBERG
PAMELA A. GORDON
December 17, 1979
Weld County Commissioners and
Weld County Attorney
915 10th Street
Greeley, CO 80631
Re: Parkland Estates
Dear Ladies and Gentlemen:
As you are aware, this office represents Parkland Estates.
Several months ago, during the course of a meeting with you,
it was agreed that so long as Parkland commenced work prior
to December 31, 1979, on the completion of its water system
(including the installation of a storage tank and pumping sta-
tion) , the County would continue to issue Certificates of
Occupancy.
This letter will advise you that beginning November 15, 1979
and continuously thereafter as weather has permitted, work has
been progressing on the completion of the water system. To
date two of the four wells have been hooked into the main sys-
tem, and the remaining two wells will be hooked into the system
by the first week in January. The latter would have been ac-
complished earlier, but for the inclement weather which pre-
vented REA from finishing the electrical work to the two wells
scheduled for hook-up.
In addition contracts have been concluded for the purchase of
the storage tank and the installation of the booster pump station.
The storage tank will be installed just a soon as the ring wall
is completed. The ring wall and booster pump station are being
installed by Denver Pump Co. , Inc. under the auspices of Mr.
Robert Hull. Inspections of work performed are being handled
my Meurer, Serafini, and Meurer, the consulting engineers for
the job. Assuming the weather remains somewhat static, it is
•
December 17, 1979
Page Two
estimated the tank and booster pump station will be in operation
by the latter part of January or early February, 1980.
Much of the above work would have been completed earlier, but
for the delays caused by the REA inability to complete the elec-
trical to two of the wells needed for the installation of the
system. The work had been ordered from REA in June, 1979, but
REA' s heavy schedule precluded their getting on to the job site
until November at which time the inclement weather delayed them
further.
Please feel free to contact this office should additional in-
formation be needed.
Very truly yours,
Frederick L. Ginsberg, P.C.
BY:
F ederick L. Ginsbe g, Esq.
FLG/bj
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