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HomeMy WebLinkAbout750788.tiff • DEDICATION OF PERPETUAL RIGHT-OF-WAY `/- C` yr. WESTRIDGE SIXTH FILING, A SUBDIVISION IN THE SOUTH ONE-HALF OF NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO: BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that it does hereby approve the dedication of the perpetual right-of-way over the public roads, streets highways and easements in behalf of the public in Westridge Subdivision, Sixth Filing, a subdivision located in the South One-half of Northeast Quarter of Section 16, Township 5 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Commencing at the Northeast corner of the South one-half (S') of the Northeast Quarter (NEo) of said section 16 , and considering the North line of the South one-half (S1) of the Northeast Quarter (NEQ) of said section 16 to bear North 89° 32 ' 48" West and with all other bearings contained herein being ralative thereto: Thence North 89° 32 ' 48" West, along the North line of the South one-half (5x) of the North- east Quarter (NE') of said Section 16, a distance of 40. 00 feet to the true point of beginning: Thence along the arc of a circular curve to the right, also the West right-of way line of 59th Avenue, having a center line radius of 800 .00, contained within an 80. 00 right- of-way, a central angle of 55° 00 ' 50" and whose chord bears South 26° 58 ' 34" West, a distance of 702 .02 feet; thence, continuing along the West right-of-way line of 59th Avenue, South 54° 29 ' 10" West a distance of 1307 .91 feet to the Southwest corner of said West Ridge - Sixth Filing; thence North 00° 00 ' 00" East, along the West line of said West Ridge - Sixth Filing, a distance of 1396.35 feet to the North- west corner of said West Ridge - Sixth Filing, and also a point on the North line of the South One-half (Sh) of the Northeast Quarter (NEa) of said section 16; thence South 89° 32 ' 48" East, along the North line of the South One-half (S') of the Northeast Quarter (NEa) of said section 16, a distance of 1383. 10 feet to the true point of beginning. Said tract of land contains 27 . 970 acres more or less. BE IT RESOLVED, that the accompanying plat is approved for filing and the public roads , streets , highways and easements thereon shown are approved, provided, however, that the County of Weld will not undertake maintenance of said streets, roads, and right-of-way until they have been constructed by the subdivider according to specifications and accepted by the County of Weld. 750788 / 7 The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote this 5th day of November, 1975. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO „,4&-r--r--XX,,a7.L..)ta I / jo ATTEST: e. ------- t--? COUNTY CLERK AND RECORDER AND CLERK TO THE �9ARD <, BY: £1n�Y ,F tte 2 .^4'CI jKi-t Deputy County Clerk CY Senior Vu:o President- Post Olfie ,-Box 1058 Comrncrcial Divisiui Greeley irado 80631 Telepho�3 352-1651 4sve First of Greeley October 27, 1975 Clerk of County Commissioners Box 758 Greeley, Colorado 80631 RE: Mr. Herman Kliewer Westridge 6th Property Gentlemen: In order to insure payment by Mr. Kliewer to develope lots in the above named property, the First National Bank of Greeley will guarantee payment in the amount not to exceed $23,210.00. This guarantee of payment will remain in effect for one year and may be renewed at that time if so desired by Mr. Kliewer and the bank. Yours truly, , 0- Charles G. Carlson Senior Vice President Commercial Division CGC/csb ,� ti y • Please do not leave any • FINAN• STATEMENT, INDIVIDUAL questions unanswered. CONFIDENTIAL TO THE FIRST NATIONAL BANK, GREELEY, COLORADO Name...Herman-man_ I,/ Doro- .ro: '.. L i e:•er Address.--243';i-1 th IFee. , '.rerel_s `- t.n-Eoy - U )631 For the:purpose of procuring and maintaining credit from time to time in any form whatsoever with the above named Bank, for claims and demands against the undersigned, the undersigned submits the following as being a true and accurate statement of its financial condition on the following date, and agree that if any change occurs that materially reduces the means or ability of the undersigned to pay all claims or demands against it, the undersigned will immediately and without delay notify the said Bank, and unless the Bank is so notified it may continue to rely upon the statement herein given as a true and accurate statement of the financial condition of the undersigned as of the close of business. Business a^tire-l. Date of Statement Qc1= , 1 19./5..... ASSETS LIABILITIES Cash on hand and in Banks _ ___- ' 500 Notes payable to Banks—Secured j?The U.S. Gov. Securities—see schedule Unsecured Listed Securities—see },cU4P 1'hee Notes payable to relatives 530 MC�C Ldul.! co. Unlisted.Securities—see schedule Notes payable to others 0"1C , ,. 0 )0 ,' MC Real Estate owned—see schedule Accounts and bills due II,me �5 ' /1 :Lem) :-4Onc:.r 1.. X00 Automobddsr 72_21 firs- ro29 i'l Lr. Li, 000 Unpaid Income Tax :hi o Other Personal Property Other unpaid taxes and interest Accounts Receivable and Unsecured Real Estate Mortgages Loans Due from relatives and friends payable—see schedule 23 000_ Accounts Receivable and secured Chattel Mortgages and other Loans Due from others—good t)1 :lf1L1X Liens payable ).,IC Accounts and Notes Receivable Other debts—itemize ti me Doubtful Secured Loans Receivable 5)50 Cash Value—Life Insurance Other assets—ittmize girt:C'. ,_ jaw. : L. 50 0.o0 TOTAL LIABILITIES 2C 0,0O NET WORTH 221 P50. TOTAL ASSETS 2/9 ,)50 TOTAL LIAB. & NET WORTH ' 2[9 050. SOURCES OF INCOME—ANNUAL PERSONAL INFORMATION Salary $ 4 t t 9,<?• Business or occupation hr-I Age '/i 1 Bonus and Commissions $ Dividends $ Partner or officer in any other venture j t,. Real Estate Income $ Other income—itemizc.OOhYI iron. $ 3,600. Married ye;. Children 3 __prlul-t. lotore:A 6,0-. • Single Dependents TOTAL. $ .' ' CONTINGENT LIABILITIES GENERAL INFORMATION As endorser, comaker or guarantor $ nll( Are any assets pledged.?—sec schedule ,O On leases or contracts $ Personal Bank Account carried at - '.one r'ir:it ,t 7.. Provision for Federal Income Are you defendant in any suits Taxes $ l'd. 'a1,,. or legal actions? ..O Legal claims $ Olio Have you ever taken bankruptcy? Explain: ;ia Other special debt $ Oi,C (COMPLETE SCHEDULES ON REVERSE SIDE) SCCULE OF STOCKS AND BONDS OWNAIL No. of share. Description Company Registered in nameW Market value ' Fledged • • • SECURED LOANS RECEIVABLE Description of Date cif Property covered Aegnisition Maker Amount . Maturity Pledged A0 Tt:fl:3 ttS. l .5 ) I ) ., • i. .�� ';. And croon Zt6ni.). ) ) .!nt]t1.tl.� Il:l'i'•1 ��. ijity lots. .:oel]n :.roe,. 7, ?')J_ ) ) Apo 1:.._ SCHEDULE OF REAL ESTATE OWNED Mortgage Description of Property Title in Market and improvements Name of Cost Value Amount Maturity Lendor e A�):);_ J�xr y. (:re..itvit:: I:. D. K, l3,000.�:•Ii )(t • 28 A. plc ;trica.-;e CAI 77,':)00. i'er your orme;:..:met.:?/c SCHEDULE OF LIFE INSURANCE CARRIED, INCL. N.S.L.T. AND GROUP INSURANCE Cash Surrender Amount Name of Company Beneficiary Value Loans GIVE NAMES OF BANKS OR FINANCE COMPANIES WHERE CREDIT HAS BEEN OBTAINED Name Date High Credit Basis t'ir:A ii1 t1--i rc2oLey GENERAL REMARKS: THE UNDERSIGNED CERTIFIES THAT BOTH SIDES HEREOF AND THE INFORMATION INSERTED THEREIN HAVE BEEN CAREFULLY READ AND ARE TRUE AND CORRECT. Oct_ 19 r, J.14i )ate signed• —..:r1 -":,•.`!.7.;:`;‘'Nignatn•- IIN1-i ] � ` - T.IIE FIRST NATIONAL BANK C•KEELEY, GREEI EY, COLORADO • For the purpose of obtaining loans and discounting paper with you and otherwise procuring credit front you roan time to time, I furnish you with the following statement and information, which fully and truly sets forth my financial condition on the following date, which statement you can consider as continuing to be full and accurate, unless notice in writing of change is given by me to you. I agree to notify you forthwith,in writing, of any change that materially reduces my financial_responsibility. ASE ANSWER ALL QUESTIONS CONFIDENTIAL PERSONAL STATEMI Oct. 1 . 1.07 IN DI VIUU AL .. JOINT Dire of Statement Address Telephone No. Hermon A. / Dorothea G. ':liewer 2.)3f.-i0tli Ave. , Greeley, Colo. 140631 356-1023 ..uiness and Position Retired. Address Telephone Ni). ASSETS 0 ono 000 ' (X) I. IABII. ITIES 0 000 000 ash in Isl. Nat'l Bank-Greeley r Op 90 Loans Due to 1st. Njt I flank-Greeley (Sch. F) ;7nnn ! co �„ 39 4_2 rams Due Bank (Sch.. F) n s i it i'�1 r —ISank5 1 ash Value Lire Insurance (S:.,. A) .,.... : ..es I=::y. hie (Sch. ,, 1 0.ins Due Me (Sch n) 2� ) • Instalment LIMAS (Sch. I Thai, and Hoods (Sidi.C) :.)OI / 'J1r1 C-M•• ')0'0 "19 Accounts Payable Unpaid faxes 11 city� Real L�-lute (Sch. U) 000 00 country Real Estate (Sch. I)) ^rr, Mortgages -City Real Estate (Sun. I)) nR non Business INteresis (Sch. E) ■�_ Mortgages -Country Real Estate (Sch. D) None `olonlphilcs 7i i -'.co P-00Cr / • 1/ 000 00 Other Liabilities (Itemize) `.list Personal Property.•� [ [ � Usher lasers (Itemize) TOTAL LIAnILIT,ES 28 000 9 NET WORTH 221 050 OTAL ASSETS 2/ )t,/J DO TOTAL 2t 9 g'0 ANNUAL INCOME AND EXPENSE BANKING INFORMATION Regular Compensation 7� 30 F.N.B.of Greeley Checking Account(s) No(s).0 19 90 9 , ether Compensation (spouse,Etc.) 1 ,A60.00 _ 'Rile,' Income C_Oehn Oro c). 6,0"j 00 F.N.B.of Greeley Savings Accounts) No(s). L' 78 73 3 Diyidends R Interest !, nor) r)n Other E.N.B.of(reelcy Services 3tc to 3'.:. Greeley' Bonus,Commission, Profit Sharing —"-r Greeley Hat lanai TOTAL. ]./11,e 702.0n Other Banks you Use ESTIMATED EXPENSES Li I1n1) n3 PERSONAL INFORMATION Age 7u) Marital Statue : T'; nrl Nuo o'er n:pnlderM (l so !tutu Good OTHER FINANCIAL INFORMATION (lave you ever taken,or are you taking,bankruptcy? ! o If yes,explain Are you a defendent in any suits or legal actions? ii O If yes,explain • Do you have any contingent liabilities? j,O If yes,describe • • Are principal and interest,taxes and insurance on the above listed assets or liabilities paid to date? Ye 2 If no,explain (Cr,m!q Pei-er.e Sf Ie) • • I I I I I N S U It .\ N C FACT: II HOR HOWE It PHEM IU, COMPANY PAYAIILC TO II CAs V AWE AMOUNT UPON POLICIES DUC IIIt'MULE 11 SECURED DR UNSECURED LOANS DUE ME MAKER ADDRESS HOW AMOUNT DUE BORROWED SFCunEO DATE UPON THESE LOAN' 1, �:LL`11111i'^.1? 3 ti}1 1}11': 'ii ':'} Ant 2110 .I)//f l E)• �•ii�. '; "yT:'. ?:t711R or:1 Gre'-c t" j•!Jf ,:L7�. _ Iirc L"v i t U111 7 7.ti:7. 7 A I ,. --. x An .�.� -ono 0 • I'!li1x111.1: C SNICKS AND BONDS OWNED BY ME OF SHAH'.'' MARKET HORROWEE PAR VALUE ISSUED 7Y STANDING IN NAME OF COST V ALVC UPON SAME :n;: of r;rc-31_ ,; {n,;. n.ltl: i.n) D. ' :1O;1 e • EII?DI'1.1. U CITY AND COUNTRY REAL ESTATE. DESCRIPTION OF PROPERTY IN NAME MARKET ENCUMBRANCE NOW AND IMPROVEMENTS HELD COST VALUE PAVABL _•-11;_ 1 J 't, ti rr::St:Y7f.'1'? [:• _ :). �i�lf:l•:�1' p?rr•r l+ y ')7_�` ' .Ir1+1n 22) A. !]n?trirl..r, 6tl? II 1+ ��•c' •Ci for Err' 77, }'77 l0 "nrr ' IIEDhJLE E DESCRIPTION OF BUSINESS INTERESTS •M NAME OF COMPANY POSITION HELD MARKET NERSHII• oR vEr1TU RE LOCATION 'F ANY COST VALUE Ill I)ULF F INSTALMENT NOTES OR NOTES PAYABLE PAYABLE TO HOW SECURED ORIGINAL • PBALANCE HOW AMOUNT PAYABLE I, the undersigned hereby solemnly certify and declare that the above statement and representations consitute a true and accurate account of my financial condition as of the date of this statement. .1 O1 19 Dale J. Bristow The First National Bank of Greeley Vice President Post Ofaox 1058 • Commercial Loan n Greeley, orado 80631 Telephone 303 352-1651 At Furst of Greeley October 22, 1975 Clerk of County Commissioners Box 758 Greeley, Colorado 80631 RE: Mr. Herman Kliewer Gentlemen: We have been requested by Mr. Kliewer to forward to you a letter giving you our experience with the above named subject. Mr. Kliewer has been a customer of this bank for approximately 25 to 30 years, during this time, we have never known Mr. Kliewer to draw a check against insufficient funds. Any large dealings Mr. Kliewer has entered into, prior arrangements with the bank had been made. In the event our customer would issue a check to you and it is properly signed and properly endorsed will be paid when presented. We do not have a current financial statement on file, however, our last statement shows very little liabilities and a net worth in the medium to low six figure amount. I trust that this information will be kept in strict confidence and this is given to you without the liability of the bank or any of its officers. Yours truly, O L. I. «,U'tz y. Lk�zc � SGC �v z Dale J. Bristow Vice President Commercial Loan Division DJB/csb BEFORE TH1PELD COUNTY , COLORADO PLAN•IG COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . S-115 Date 7/11/75 APPLICATION OF Herman Kliewer ADDRESS 2038 - 18th Ave. Ct. , Greeley, Colorado 80631 Moved by Ronald Heitman that the following resolution be introduced for passage by the Weld County Planning Commission : Be it Resolved by the Weld County Planning Commission that the Subdivision >Mt Final Plat for Westridge 6th located on the following described property in Weld County , Colorado , to-wit : see attached plat be recommended (favorably ) tonatettrearedrriktO to the Board of County Commissioners for the following reasons : (1 ) Complies with the Comprehensive Plan in that the use will be compatible with surrounding uses and the development lies within the comprehensive planning area of Greeley; (2) Zone Change for "A" to Estate-Unit Development has been a-proved; (3) Complies with final platting requirements. SUBJECT TO: (1 ) Construction or development activity to begin within 12 months from date of approval by the Board of County Commissioners; (2) County Engineer to be notified prior to road construction phases; (3) Park fee equivalent to .367 acres. Motion seconded by Marge Yost Vote : For Passage J. Ben Nix Against Passage Ronald Heitman Marge Yost Bill Elliott Chuck Carlson The Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board ofCounty Commissioners for further proceedings . • CERTIFICATION OF COPY I , Linda Jose , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on May 27, 1975 , and recorded in Book No. 4 Page No. , of the proceedings of said Planning Commission. Dated this 11th day of July 19 75 Gz cording etary, Weld County Planning Commission • • FINAL SUBDIVISION APPLICATION Weld County Planning Department Services Building, Greeley, Colo. FOR PLANNING DEPARTMENT USE ONLY: CASE NUMBER SEC: TWP RANGE: LAND CODE: T: S: 1/4: KEY: SUB/DIV CODE: SUB: BLK: LOT: KEY: APPLICATION FEE: APP. CHECKED BY: REFER TO: 1) DATE REC. NO: l,-( .7 (I 2) • DATE LEGAL DESC. APPROVAL t-r , 3) DATE 4) DATE TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIR- MENTS: Print or type only, except for necessary signatures. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Please refer to attached Exhibit "A" . (if additional space is required, attach an additional sheet of this same size.) NAME OF PROPOSED SUBDIVISION West Ridge - Sixth Filing EXISTING ZONING A-1 PROPOSED ZONING 'E-U•6- TOTAL AREA (ACRES) 27.970 NUMBER OF LOTS PROPOSED 10 LOT SIZE: AVERAGE 2. 500 Acres MINIMUM 2.500 Acres UTILITIES: WATER: NAME City of Greeley SEWER: NAME Private Septic Systems GAS: NAME Greeley Gas Company PHONE: NAME Mountain Bell Telephone DISTRICTS: SCHOOL: NAME Weld County School District No. 6 FIRE: NAME Milliken G,,, G,..aa4..►ws 2 8O (o ( '" Ao4 ca DESIGNERS' NAME Edward S. Kelly r�t G6X'ADDRESS 2420 12th Avenue Court, Greeley ENGINEERS' NAME Edward S. Kelly I ADDRESS 2420 12th Avenue Court, Greeley FEE OWNER OF AREA PROPOSED FOR SUBDIVISION Greeley NAME Herman A. Kliewer ADDRESS 2038 18th Ave. , TELE, 356-1023 NAME Dorothea G. Kliewer ADDRESS ZU3B 18th Ave. ,Crccicy TELE. 356-1023 NAME ADDRESS TELE. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF Weld ) STATE OF Colorado ) / Signature: 0 vner or Autho i�� S'Age Subscribed and sworn to before me this day of , I975 , SEAL L t NOTARY PUgLIC My Commission expires May 3, 1977 commission expires: PC- Sub - 6 SUBDIVISION IMPROVEMENTS AGREEMENT tHIBIT "A" Date : May 5, 1975 Name of Subdivision : West Ridge 6th Location : S%, NE, Section 16, Township 5 North, Range 66 West Intending to be legally bound , the undersigned subdivider hereby agrees to provide throughout this subdivision and as shown on the subdivision plat of West Ridge 6th , 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 0.50sq.yd, 2000 Sheet oase 1 .00sq.yd, 4000 i5 t reet paving 1 .50sq.yd, 6000 ;Curbs , gutters & culverts Sidewalks Storm Sewer facilities 5.S0L.F. 500 Retention pond Ditch improvements Sub-surface drainage Sanitary sewers Trunk & forced lines Mains Laterals (house conn) 6n-site Sewage facilities On-site Water supply & storage Water mains 7.25 L .F. 9035 Fir ? hydrants G50 ea . 650 Slruev & street monuments & boxes . . reet l q 'ti ng Street name signs 25.00 ea 25 Fencing requirements Landscape proposal Park improvements LB TOTAL _ 22710.00 Supervision Cost 200 Engineering Costs . 300 ( testing , inspection , asbuilt plans and work in addition to preliminary and Final . Plat) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 23210.00 • • 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. //piA'' A AAJ Signature of Su ' viler ( If corporation , to be signed by President and attested to by Secretary, together with the corporate seal . ) Dated : , 19, ACCEPTANCE Approved by resolution of the at the meeting of , 19_. THE BOARD OF COUNTY COMMISSIONERS WE COUNTY , COLORADO fro/a'.. • ATTEST: //zifee-‘ � f-P�, Clerk to the Board By Deputy County Clerk APPRD AS TOC O . t.:_, rney • w SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 19th day of January, 1972 by and between the County of Weld, Colorado, hereinafter called "County", and Herman A. Kliewer hereinafter called "Subdivider". WITNESSETH: WHEREAS, Subdivider is the owner of the following described property in the County of Weld, Colorado: Located in the South one half (S1) of the Northeast quarter (NEa) of Section 16, Township 5 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado. WHEREAS, a final plat of said property, known as West Ridge Sixth 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 cons'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. - 1 - • . 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 the 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 nwy 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 -2- • • • 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 repairs 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. - 3 - 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 zriL-Al i-/-at'90 AFC �" - / ATTEST: Clerk cif the Board q� �( i, VEDAS TU\FORM: c__ V \-- --/ 7,(1, l- ti--/C, 1 Countf Attorne / -I A'Linr,11 "1 " AA ZMI-k. A/ (Subdivider) By: (Title) ATTEST: (Title) - 4 - File contains oversized map Please see original file Hello