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Home My WebLink About790185 16°— 861 Be-' 1 at ,/ la o'clock _._---.---M---MP1 .5 1979 Aw Rat. 1983448 r"42 .,,,,.,,.1s, ' a-, State of Colorado, Weld County Clerk & Recorder RESOLUTION RE: APPROVAL OF ADDENDUM TO PARKLAND SUBDIVISION 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, an addendum to the subdivision agreement between Parkland Estates, Inc. and Weld County, Colorado was entered into on the 13th day of September, 1978 , which addendum contained an Exhibit "B" , and -i. WHEREAS, said Exhibit "B" erroneously listed Lots 8 and 24 _ - in Block 2 of Parkland Estates, and Parkland Estates , Inc. and Weld County desire to substitue Lots 10 and 25 in Block 2 of Parkland Estates in place of the aforementioned Lots 8 and 24 in Block 2 of Parkland Estates in said Exhibit "B" , and WHEREAS, an addendum has been prepared effecting such changes and said addendum has been presented to the Board of County Commissioners of Weld County, Colorado. A copy of said addendum is attached hereto and incorporated herein by reference, and WHEREAS , the Board of County Commissioners deems it advisable and in the best interests of Weld County to approve said addendum. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Weld County, Colorado that the addendum to the Parkland Subdivision Agreement be, and hereby is, approved and further that the Chairman of the Board is hereby authorized to sign the same. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 5th day of March, A.D. , 1979 . /I BOARD OF COUNTY COMMISSIONERS ATTEST: /1 . _ t;ti LD COUNTY, COLORADO Weld County C rk and Recorder _ and Clerk to the Board y---/HV /tat:CO.." /21--vzitel',4,) f Aytkco Deputy County Clerk //T �,� L' APPRO D AS TO FORM: iec-ice} e % JAL County Attorney DATE PRESENTED: MARCH 5, 1979 790185 e4)°461 0 1983448 2- 2 ADDENDUM THIS ADDENDUM, made and entered into this c.;24/-41 day of February, 1979, by and between PARKLAND ESTATES, INC. , a Colo- rado Corporation, hereinafter called "Parkland" and the COUNTY OF WELD, by and through its Commissioners, State of Colorado, hereinafter referred to as "County. " WITNESSETH: 1. WHEREAS, a previous Addendum to the subdivision agreement between "Parkland" and "County" was entered into on the 13th day of September, 1978 , which Addendum contained an Exhibit "B" which set forth certain lots which were to be encumbered by "Parkland" to "County" pursuant to the terms of said Addendum, and 2. WHEREAS, said Exhibit "B" erroneously listed Lots 8 and 24 in Block 2 of Parkland Estates and the parties to this Addendum desire to substitute other lots in place of the aforesaid Lots 8 and 24 in Block 2 of Parkland Estates, and 3. WHEREAS, the parties to this agreement declare that Lots 10 and 25 in Block 2 of Parkland Estates should be added to the aforementioned Exhibit "B" in glace of Lots 8 and 24 in Block 2 of Parkland Estates. NOW, THEREFORE, the parties to this addendum hereby agree that Lots 10 and 25 in Block 2 of Parkland Estates and herewith added to the aforementioned Exhibit "B" and Lots 8 and 24 in Block 2 of Parkland Estates are hereby deleted from the aforementioned Exhibit "B. " IN WITNESS WHEREOF, the parties have hereunto set their r hands and seals on the date hereinabove first written. PARKLAND ESTATES, INC. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,� COLORADO` B CLJ4g- � .President Chairman < n E WEST' ti u o • b; o` • y{ "'4 1 ,1- S. v.' 4o ... a ..a Q C I - i l 4 RscS.d a _Wd,d � ,.0CT 11 1978 I ci 847 1769379 way ArmArm r..aw.Recorder Roc.No. e vq 1 RESOLUTION RE: APPROVAL OF ADDENDUM TO SUBDIVISION AGREEMENT, PARK LAND , I ESTATES, AND AUTHORIZATION FOR CHAIRMAN TO SIGN SAME. Q 1 1. WHEREAS, the Board of County Commissioners of Weld County, 7 Colorado, pursuant to Colorado statute and the Weld County Home C' Rule Charter, is vested with the authority of administering the d affairs of Weld County, Colorado, and F I ^ WHEREAS, an addendum to the Subdivision Agreement between I N ,_ Park Land Estates and Weld County, Colorado, has been presented 1 N I? to the Board of County Commissioners of Weld County, Colorado, { Ii said addendum attached hereto and incorporated herein by reference at this point, and - ' { .7, jg li ,_, WHEREAS, Park Land is the owner in fee of certain real estate 3 and that from the "net sale proceeds" received from the sale of '! 2 3 r f each site, $10,000.00 will be withheld and placed in an interest '. bearing account titled the Park Land Estates Escrow Account for i assurance of performance of the work as stated in said addendum, and WHEREAS, Park Land shall make and deliver to Weld County a first deed of trust in the amount of $290,000.00 and shall be - held by Weld County as further security for Park Land's performance If the work described in said addendum, and s 4 WHEREAS, upon receipt of written certification to Weld County , I . '. r, • of the asphalt paving of the rights-of-way located in Park Land ( . Estates, the County shall accept the streets for partial main- ≤ - tenance. Upon said acceptance, the County may release to Park t Land a portion of aforesaid Escrow Account according to the ' • '1 recommendations of the Weld County Department of Engineering 1 . . Services. Upon full maintenance, Weld County shall release to I Park Land all of the Escrow Account. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the addendum to the Subdivision Agreement between Park Land Estates and Weld County, `'1 Colorado be, and hereby is, approved. al i y. 1 Sts KKK; , i... it L... .. la s r .�W�' `, , ` n x Y%'4w ':r.,rj/1'tS\F 4':Oxs'2iR auR' f 5 .r.. v, rNw 4" 1r.r. II M . 41 {t�� 1 F L'6u` • • i 847 1769379 e 7 BE IT FURTHER RESOLVED by the Board that the Chairman of 1s i k the Board of County Commissioners of Weld County, Colorado be, iand hereby is, authorized to sign the same. fI - The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of t .; September, A.D., 1978. BOARD OF COUNTY COMMISSIONERS •� WELD COUNTY, COLORADO • - a S l'17. )i . k ,' ,k`, hoc- T�.py„ r). ,) fCr'_ I 'ATTEST: /rICLu}ai w�7- s✓ Weld County Clerk and Recorder �r an Clerk to the Boa I (By t=art -All if 1 ofeud, § h eputy County C k APPRO}‘D AS TO F9C\P �' `.^ County Attorney ,. 0 4 `. t ! k I4. • Date Preeentedt September 19, 1970 L i • 1 } 1. t j ! _ BOOK 1'761.,,'79 1'7:30930 • . 847• • EXHIBIT "A" SUBDIVISION AGREEMENT Z THIS AGREEMENT, made and entered into this 19th day of September, 0 Luc 1977, by and between the County of Weld, Colorado, acting through its51. Z 3 Board of County Commissioners , hereinafter called "County" , and ci p W w `I • Park Land Estates , Inc. , hereinafter called "Subdivider" . Z - QPJ - WITNESSETH: f.. V WHEREAS, Subdivider is the owner of or has a controlling interest in the following described property in the County of Weld , Colorado: See Exhibit "C° which is by reference made 4 a part hereof as though set forth herein o m VERBATIM. o 1.1.1 J WHEREAS, a final subdivision plat of said prpperty, to .be known Z N LL as Park Land Estates has been submitted to the County for approval ; and t c ww nL w it! c0 WHLREAS, Section 11 -1 of the Weld County Subdivision Regulations Z i QF provides that no final plat shall be approved by the Board of County I— Commissioners until the Subdivider has submitted a Subdivision Im- S provements shown on plans , plats and supporting documents of the subdivis; n, which improvements , along with a time schedule for completion , are listed in Exhibits "A" and "B" of this Agreement. \+ NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the bu . acceptance and approval of said final plat, the parties hereto premise, w .2 covenant and agree as follows : w go 1 . Engineering Services: Subdivider shall furnish, at its 179.- own expense, all engineering services in connection with the design t"� Q o- and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference. 1 . 1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1 . 2 The required engineering services shall consist of, but not be limited ti,. surveys , designs , plans and profiles , estimates , construction supervision, and the c..L:iticsion of nucess^. 'y doconients 7.7 Lee County. • it 1 .3 Subdivider shall furnish drawings and cost estimates for roads within the subdivision to the County for ap- proval prior to the letting of any construction contract. Before acceptance of the roads within the subdivision by the County, Subdivider shall furnish one set of repro- ducible "as-built" drawings and a final statement of construction cost to the County. 2. Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, Subdivider shall acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County 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 listed on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3. 1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the speci- fications adopted by the County for such public improve- ments. 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 required 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 reasonable 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 satisfaction of of the County at Subdivider' s expense. • 411 - 3.4 The Subdivider shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems , water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B" . The Board of County Commissioners , at its option, may grant an extension of the time of completion shown on Exhibit • "B" upon application by the Subdivider. 4. Release of Liability: Subdivider shall indemnify and hold harmless the County from any and all suits , actions or claims of every nature and description caused by , arising from, or on account 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 reason- able expenses and attorney 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 workman' s compensation insurance and public liability insurance coverage, and shall operate in strict accordance with laws and• regulations of the State of Colorado governing occupational safety and health. 5. Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Subdivider, streets within a subdivision may be accepted by the County as a part of the County road system and will be mairtained and repaired by the County. 5.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B" , but such use and operation shall not constitute an acceptance of said portions . 5.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on • Exhibit "B" , and may continue to issue building permits so . long as the L:rogress of work on the subdivision im- provements throughout the development is satisfactory to the County; and all terms of this ,tu reement have been faithfully performed by Subdivider. O4 r ; r,1379 1.7.3 930 5.3 Acceptance for Partial Maintenance: Upon the completion • of the construction of streets within a subdivision according to Weld County Specifications , the Subdivider shall request in writing that the County Engineer inspect said streets and accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters and related street improvements . The County Engineer shall accept streets for partial maintenance for a period of ore year. Nine months after initial acceptance, the County Engineer shall inspect the subject streets , and notify the Subdivider of any deficiencies. The County Engineer shall reinspect the streets after notif- ication from the Subdivider that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards , he shall recommend the acceptance of the streets for full maintenance to the Board of County Commissioners. 5.4 Acceptance of Streets for Full Maintenance: Upon receipt of a recommendation from the County Engineer for acceptance of streets within the subdivision, the Board of County Commissioners shall accept such streets as public facilities and County Property, and shall be responsible for the full maintenance of such streets including repair. 6. In addition to those items of work shown either on the final working drawings/specifications , or on the final plat or on the final Unit Development Plans Subdivider shall cause the following matters to be completed as an integral part of the improvements to be installed at Subdivider' s cost: 6. 1 The Erie Coal Creek Ditch shall be fenced on both sides with a six foot chain link fence to be completed before the issuance of any building permits , and shall include two gates at each end located at County Road 3 and County lead 12. -4- 847 • 69379 • .30 /k- la 6.2 The Concrete Ditch Drainage structures as shown on the final plat shall be installed after the 1977 irrigation season and before the beginning of the 1978 season. 6.3 A 200,000 gallon water storage tank, as shown on the final plat, shall be installed before any certificate of occupancy shall be issued. 6.4 All water mains and fire hydrants shall be installed before a certificate of occupancy is issued for a home to be served by said main and hydrant. 6. 5 There shall be Piping of the Smith Conklin Lateral , if agreed upon between Park Land and the Smith Conklin Lateral owners . 6. 6 Street(s ) shall be paved within a maximum of one year after the issuance of the first certificate of occupancy for a house on that particular street. 6.7 Subdivider will purchase liability insurance in amounts of not less than $500,000 per individual person, $1 ,000,000 per occurence and $50,000 property damage for the Erie Coal Creek Ditch Company. 6.8 It is agreed that the homeowners association will be formed within two weeks after approval of the final plat, and that a representative of the Erie Coal Creek Ditch Company shall be a member of the Board of Directors for a period- of two years. In addition, all correspondence between Subdivider and the ditch companies shall be sent to the president of the ditch company. • 7 . Improvements Guarantee: Subdivider shall furnish to the Board of County Commissioners as Guarantee of compliance with this Agreement, collateral such as , but not limited to, performance or property bonds, private or public escrow agreements , liens on property, deposit of certified funds or other similar surety agreements acceptable to the Board of County Commissioners . The amount of any of the above guarantees shall be set by the Board of County Commissioners and portions of the _barantee ;aay be released upon completion of various portions of the mrove'nents . C.11 or any portion of the guaranteewill be released w nn homJletion of the c'mrintred 1mnrove;uena5 accordinu to County -5- • standards and the terms of the subdivision plans and plats and , in the case of the streets, upon acceptance of the streets by the County for full maintenance as a part of the County road system. 3. Public Sites and Open Spaces : The Planning Commission and the Board of County Commissioners, upon consideration of vehicular traffic and facilities and the particular type of development proposed in the subdivision, may require the dedication, development and/or reservation of areas or sites of a character, extent and location suitable for pulic use for parks , greenbelts or schools , other than subdivision streets and utility easements designated, in accordance with one of the following alternatives , or as specified in the PUD plan, if any: • 8. 1 The required acreage as may be determined according to Section 8-15-B of the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be approved by the County or school district, and shall be maintained by the County or school district. 8.2 The required acreage as determined according to Section 8-15-B of the Weld County Subdivision Regulations may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 8. 3 In lieu of land, the Board of County Commissioners may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to Section 8-15-B. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Subdivider. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 9. Successors and Assigns : This Anreement shall be binding upon the -6- ~ e0°84,7` 4.' y heirs , executors, personal representatives, successors and assigns of the Subdivider, and upon recording by the County, shall be deemed a convenant running with the land herein described, and shall be binding upon the successors in ownership of said land. 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 MELD COUNTY, COLORADO 'f r: f• 'r. • , A i• ATTEST: I: , . , . ; Weld County Clerk and Reorder and Clerk to the Board Deputy County Clerk , r APPROVED/It TO FORM: j I County Attorney SUBDIVIDER: ` a.,/- .--f< / 1e . By: y( . c-, • 7 1/4:-/ ) 3 n (title) Subscribed and sworn to before me this /6 z' day of ,1977 My commission expires : 3 /fl7 A : N a>- : 4 'ry blic co0 -7- . J09 847iik 469;379 17:301;30 EXHIBIT "A" "�5 • • flame of Subdivision: Park Land Estates . Filing: N1/2 , 58, T1N, R6CW • • Location: ' • ( / Intending to be legally bound , the undersigned Subdivider hereby agrees to • provide. throughout this subdivision and as shown on the subdivision final • • plat dated , 19 , recorded on ' , 19 , . in Book , Page No. , Reception No. , the following improvements. . (Leave spaces blank where .they do not apply. ) • • • • . Improvements Unit Cost Estimated • — Corr,TrucinTn Co: t Street gradij $ 0.60/S.Y. $ /1/_ ,120.00 Street base I varies 1167 ,811 :00 Street navinq varies 132 ,447.00 . Curbs , cutters , and culverts I varies 1131 ,281 .00 . Sidewalks • • • Storm Sewer facilities I Retention ionr,s • Ditch irnLovements I 5.00/L. F. . 13 , 150.00 Sub-surface drainage I 1 Sam tart'. sewers i 1 Trunk and forced lines Mains Laterals house conri • On-life Sew,aoe aciiities ( I ' 'On—site '/later supply and storage I_ i 150,700.00 I,'ater yanks 1191,870.00 Fire hydrants I t 20,000.00 Survey F street monuments & boxes i 100.00/ea . I 3,300.00 Street lig.itine J f_ Street name signs & stop signs 14 .00/ea. 1 ,400.00 • Fencing recill ,lients 6.00/ea , _i 51 ,900.00 Landscap• hici _ 1 Park: iillpl'OVef?Cllts • • • —'-- �5DL, i /J.TT skill roi ni. I Engineering and Supervision Cos Ls 10°_ __— __ . —_. . $ .90 815.00 -.. ._. (testing , inspection , as-built plans and wort in addition to preliminary and final plat ; supervision of aCLUaI construction by contractors ) • 101A1. C0'; I or lr'd'i vr;u :Ii5 mill ' 9gfl ,T17 .o0 11 I1 Culinl ',III: illl �l l� 111111 I'lIV('1111'11 �_'.l '� iJI HrC�II I•i tlUl. l'� �I II JCI III �II�� ' Pll I rCjlilrcwen ; 5 and send Cllllr(ILIIIlnCi' with Lh15 provision sft$ 11 he 6otcrinllud Snicly by ;;C1C 1 onnLy , or its duly aTLllocieed a(cent . J• )I"�.,'3v'iiis' 111S sn.ni Le CGi�IlirLC(I eccPchin/; La the construction sched;iic set op _ , .) S1 ( li(: 1. it l' (ly, 11In �I V 'der ; ._ ','; l'ITI_ , gipI i1 , . I �''I I.II ck,cr v= r . ., .. ..� ,li)j • • g- ll, 1730930 • EXIIIE! I L" • • • Name of Subdivision : Park Land Estates • Filing: Location: N 1/2 , S . 8 . T ' 1 N R r,s w, Intending to be legally bound , the undersigned Subdivider hereby agrees to • construct the improvements shown on the final subdivision plat of Park Land Estates Subdivision; dated • , 19 , . Recorded on 19 > in Book , Page No. , Reception • No. , and listed Un Exhibit "A" of this Agreement , according to • the following schedule. • All improvements shall be completed within 3 years from the date of • approval of the final plat. • Construction of the improvements listed in Exhibit "A" shall be com • - pleted as follows : • • (Leave spaces blank where they do not apply. ) • • Improvements Time for Completion • Street grading I • • 36 months • Street base " ' •Street paving 1laximum of 1 ' v,- a ftnr f rnrti cleat, -Curbs ,cutters • and culverts I gccupa; Sidewalks Storm Sey •cr faciiities Retention _ponds Ui Lch i;proveuients' Sub-surface di-a1nage I — Sani Lary seers I .(Plink and fo'rceci i i ries I_ Mains — Laterals house cone) On-site Sc,:age facilities I • On-site 'r;ater suppiy and storac,e Before issuance of certiFi cpte of occu Water rains same Fire hydrants same Survey creet monuments & boxes 36 mos . • Street 1 lc;h tin( _ Street na;c skills 3b mos . fend no 1•c'nuh re;;i,o,llis Iiletore issuance of bldg . permits Leliclscahicr — 56 mos . • 1;17�11_ove.i ent5 "concrete ditch drainage structures to be completed after 1977 irrin mo before the beginning of 1978 season . The Board of County Comm' ss i oners , at its option , and upon the request by the SULci iv':der, may grant on ex tens o❑ of time for co111pl eLi on for any parti cu 1 ar • i;H)r(vcm,',cnt shrix;11 above , upon a showing by the Sllhdivider that the above lt' l'JiiIIUC w.'A 1111' }I'L / / / •' 'ti'• (III' ti SI� liilLure vifI r 847 A , UJIJ /J tg EXHIBIT "B" Lots 1 and 23 , Block 1; Lots 2, 3 , 4, 8, 11, 15, 16 , 24 , 48,_ 49 , Block 2; Lots 1 and 6 , Block 3 ; and Lots 3 and 5, Block 4 , PARK LAND ESTATES according to the recorded plat thereof. v" ; 847 1765379 /8- / Y EXHIBIT "C" Lots 3, 48 and 49, Block 2 ; and Lots 1 and 6 , Block 3 , PARK LAND ESTATES according to the recorded plat thereof 7' • EXHIBIT "B" • 1'7693'79 /s -3 'ADDENDUM THIS ADDENDUM made and entered into this 13th day ofrseptalter1978, by and between PARK LAND ESTATES , INC. , a Colorado corporation, hereinafter called "Park Land" , and the County of Weld, by and through its Commissioners, State of Colorado, hereinafter called the "County" . • WITNESSET H: 1. Park Land is engaged in the development of the subdivision known as Park Land Estates, according to the re- corded 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 Park Land with respect to the development of the Park Land Estates Subdivision. A copy of such Subdivision Agreement is attached hereto as Exhibit A and is by reference made a part hereof. 3. The parties have determined that the following development work must yet be completed by Park Land, and the County is entitled to receive . security to insure the completion thereof: asphalt paving exclusive of gravel and base preparation of all rights-of-way. The parties further acknowledge Park Land has com- pleted or is in the process of completing all other- work re- quired in the development, and that the completed work has been paid for in full and that monies are available for the work yet to be completed. In this regard it is recognized Park Land has continued to pay cash from time to time for all of the development work as the work is completed. Copies .of all Con- tracts previously executed for work already completed, in the process of completion, or to be completed, are attached hereto. • 1789373 (0 847 • • . )`g- 4 . Park Land is the owner in fee of:the real estate described on Exhibit B attached hereto and by reference made a part hereof. Park Land agrees that from the "net sale proceeds" received from the sale of each site constituting Exhibit B there will be withheld the sum of $10, 000. 00 to be placed in an interest bearing account to be titled the Park Land Estates Escrow Account. The purpose of the Escrow Account will be to assure the County that the foregoing items 3. (a) and (b) will be completed in accordance with the terms and provisions of the Subdivision Agreement attached hereto as Exhibit A. Park Land hereby agrees to assign, set over and transfer into said Escrow Account which shall remain intact and in favor of the County the aforementioned sum of $10, 000. 00 for each such site. • For purposes of this Addendum, "net sale proceeds" shall mean all cash paid to Park Land from the sale of each site shown on Exhibit B attached hereto less all ordinary expenses of sale and real estate commissions. In addition, Park Land shall make and deliver to the County a first deed of trust covering the sites described on Exhibit C attached hereto and by reference made a part hereof. Said first deed of trust shall be in the amount of $280, 000. 00, and shall be held by the County as further security for Park Land' s performance of the work described in paragraph 3. hereof. At such time as there is furnished to the County a written certification from Meurer, Serafini & Meurer, Consulting Engineers in Denver, Colorado, showing that Park Land has completed the asphalt paving of the rights-of-way located in the Park Land Estates as required by the Subdivision Agreement attached hereto as Exhibit A and the exhibits to said agreement, the County shall accept the streets for partial maintenance as set forth in Section 5. 3 of the Subdivision Agreement previously executed by the parties. Upon the acceptance of the streets within Park Land Estates for partial maintenance, the County may release to Park Land a portion of aforesaid Escrow Account according to the recommendations of the Weld County Department of Engineering Services . Upon the acceptance of the streets for full maintenance as set forth in Section 5 . 4 rib 107U 6 • • r 84'7 of the Subdivision Agreement, the County shall 'release to Park Land all of the Escrow Account. Provided, that if Park Land shall fail to complete the asphalt paving of all of the rights-of-way on or before June 30, 1981 , or within one year from the date of occupancy of any residence constructed adjacent to that portion of the right-of-way required to be paved, whichever first occurs, then the County may, at its option, but shall be under no obligation to do so, complete such asphalt paving using the whole or any portion of funds in the Escrow Account for that purpose; and, the County shall also be entitled (without being under any obligation to do so) to foreclose on the aforesaid first deed of trust and use the proceeds derived from said foreclosure to complete such work. Any work completed by the County shall be done in accordance with plans and specifications heretofore previously approved by the County Engineering Department. If it becomes necessary for the County to complete any of the work contemplated hereunder,- the County shall prior to embarking upon completion of such work, give to Park Land, c/o Doris J. McFeeters, 3953 Fuller Court, Boulder, Colorado 80303, written notice at least ten (10) days in advance of the date on which the County intends to commence completion of such work. During the ten-day period, if Park Land either commences completion of the work or establishes with the County a reason- able schedule for the completion of such work, (reasonable mean- ing satisfactory to the County' s engineer) , the County shall permit Park Land to complete such work and no demand will be made by the County on the Escrow Account, nor shall any fore- closure as allowed aforesaid be commenced. Any excess proceeds, after use for paving by the County of the proceeds in the Escrow Account and those proceeds derived from foreclosure, shall be returned to Park Land. -3- S i v� .) • ��847 • /94 • 5. There is attached hereto as Exhibit D and by reference made a part hereof, certain Exclusive Real Estate Listing contract (s) to -evidence the intent and agreement of Park Land to sell as soon as possible the real estate listed on Exhibit B attached hereto. Park Land agrees to use its best efforts and due diligence in the pursuit of obtaining purchasers for the real estate listed on Exhibit B. attached hereto; provided, the parties understand and agree_that from time to time Park Land • shall have the right in its own discretion to change, if .it shall deem it necessary, .the,.real estate firms employed for the purpose of obtaining new purchaser as aforesaid. Whenever a new Exclusive Real Estate Listing contract is entered into between Park Land and another realtor,.. it shall be the respon- sibility of Park Land to provide the County with a copy of same. At any time hereafter. that Park Land either refuses or ceases to use its best efforts and .due diligence in the pur- suit of obtaining purchasers for the real estate listed on Exhibit B, the County shall have the right upon giving to Park Land at least ten-day' s prior written notice, c/o Doris J. McFeeters, 3953 Fuller Court, Boulder, Colorado, 80303, to cease further issuance of building.permits for the Park Land Estates Subdivision unless and until ,Park Land gives evidence satisfactory to the County that it can or .wili fulfill the responsibilities of Park Land under Exhibit . A and this Addendum thereto. 6. The purpose .of this agreement is to Addend the provisions of Paragraph of Exhibit A attached hereto, and nothing contained herein is intended to modify those provisions except as is necessary to effectuate the implementation thereof. 7. This Addendum shall be binding upon and inure to the benefit of the heirs , successors , assigns and legally appointed representatives of the parties hereto. -4- 1-' x • 1769379 • • i9- n IN WITNESS WHEREOF :the parties have hereunto set their hands and seals on the :date hereinabove first written. PARR LAND ESTATES, INC. BY: 4e2 //, /� President • Attest: :61fp2c,„, ( G'/4�)` � ecretary OF COUNTY COMMISSIONERS ' OF WELD COUNTY • . : P BYoif�.£ Chairman • -5- • BOOK W 1'7.9 1.7.30930 847 EXHIBIT "A" SUBDIVISION AGREEMENT • THIS AGREEMENT, made-and entered into this 19th day of September, 1977, by and between the County of Weld, Colorado, acting through its Board of County Commissioners, hereinafter called "County" , and Park Land Estates , Inc. , hereinafter called "Subdivider" . WITNESSETH: WHEREAS, Subdivider is the owner of or has a controlling interest in the following described property in the County of Weld , Colorado: See Exhibit "C" which is by reference made a part hereof as though set forth herein VERBATIM. WHEREAS, a final subdivision plat of said property, to be known as Park Land Estates has been submitted to the County for approval ; and WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides that no final plat shall be approved by the Board of County Commissioners until the Subdivider has submitted a Subdivision Im- provements shown on plans, plats and supporting documents of the subdivision, which improvements , along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows : 1 . ErtgineerincjServices : Subdivider shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference. 1 .1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1 .2 The required engineering services shall consist of, but not be limited to, surveys , designs , plans and profiles , estimates , construction supervision, and the submission of necessary documents to the County. boots. 84'7 40 1'76 '9 _'7:34)9:Al 1 .3 Subdivider shall furnish drawings and cost estimates for roads within the subdivision to the County for ap- proval prior to the letting of any construction contract. Before acceptance of the roads within the subdivision by the County, Subdivider shall furnish one set of repro- ducible "as-built" drawings and a final statement of construction cost to the County. 2. Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, Subdivider shall acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall he 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 listed on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the speci- fications adopted by the County for such public improve- ments . 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 required 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 reasonable 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 satisfaction of of the County at Subdivider' s expense. . `J'a Boo►. 84'7 93'79 � ' In v 3.4 The Subdivider shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems , water, gas, electric and telephone services. 3. 5 Said subdivision improvements shall be completed , according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B" . The Board of County Commissioners , at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Subdivider. 4. Release of Liability: Subdivider shall indemnify and hold harmless the County from any and all suits , actions or claims of every nature and description caused by , arising from, or on account 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 reason- able expenses and attorney 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 workman' s compensation insurance and public liability insurance coverage, and shall operate in strict accordance with laws and regulations of the State of Colorado governing occupational safety and health. 5. Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Subdivider, streets within a subdivision may be accepted by the County as a part of the County road system and will be ma.irtained and repaired by the County. 5. 1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B" , but such use and operation shall not constitute an acceptance of said portions. 5. 2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B" , and may continue to issue building permits so long as the progress of work on the subdivision im- provements throughout the development is satisfactory to the County; and all terms of this Agreement have been faithfully performed by Subdivider. -3- 4 r,r ,' ••N, 8OOK 84'7 • 1.379 C30330 5.3 Acceptance for Partial Maintenance: Upon the completion of the construction of streets within a subdivision according to Weld County Specifications, the Subdivider shall request in writing that the County Engineer inspect said streets and accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets , curbs and gutters and related street improvements . The County Engineer shall accept streets for partial maintenance for a period of one year. Nine months after initial acceptance, the County Engineer shall inspect the subject streets , and notify the Subdivider of any deficiencies. The County Engineer shall reinspect the streets after notif- ication from the Subdivider that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards , he shall recommend the acceptance of the streets for full maintenance to the Board of County Commissioners. 5.4 Acceptance of Streets for Full Maintenance: Upon receipt of a recommendation from the County Engineer for acceptance of streets within the subdivision, the Board of County Commissioners shall accept such streets as public facilities and County Property, and shall be responsible for the full maintenance of such streets including repair. 6. In addition to those items of work shown either on the final working drawings/specifications , or on the final plat or on the final Unit Development Plans Subdivider shall cause the following matters to be completed as an integral part of the improvements to be installed at Subdivider' s cost: 6. 1 The Erie Coal Creek Ditch shall be fenced on both sides with a six foot chain link fence to be completed before the issuance of any building permits , and shall include two gates at each end located at County Road 3 and County Road 12. -4- 0O( X847 • ff69373 L'f;30930 i8 I, 6.2 The Concrete Ditch Di linage structures as shown on the final plat shall be installed after the 1977 irrigation season and before the beginning of the 1978 season. 6. 3 A 200,000 gallon water storage tank , as shown on the final plat, shall be installed before any certificate of occupancy shall be issued. 6.4 All water mains and fire hydrants shall be installed before a certificate of occupancy is issued for a home to be served by said main and hydrant. 6. 5 There shall be Piping of the Smith Conklin Lateral , if agreed upon between Park Land and the Smith Conklin Lateral owners . 6. 6 Street(s) shall be paved within a maximum of one year after the issuance of the first certificate of occupancy for a house on that particular street. 6. 7 Subdivider will purchase liability insurance in amounts of not less than $500,000 per individual person, $1 ,000,000 per occurence and $50,000 property damage for the Erie Coal Creek Ditch Company. 6.8 It is agreed that the homeowners association will be formed within two weeks after approval of the final plat, and that a representative of the Erie Coal Creek Ditch Company shall be a member of the Board of Directors for a period of two years. In addition, all correspondence between Subdivider and the ditch companies shall be sent to the president of the ditch company. 7 . Improvements Guarantee: Subdivider shall furnish to the Board of County Commissioners as Guarantee of compliance with this Agreement, collateral such as, but not limited to, performance or property bonds, private or public escrow agreements, liens on property, deposit of certified funds or other similar surety agreements acceptable to the Board of County Commissioners . The amount of any of the above guarantees shall be set by the Board of County Commissioners and portions of the guarantee may be released upon completion of various portions of the improvements . All or any portion of the guarantee will be released upon completion of the guaranteed improvements according to County -5- f1i� 3/1�VZ • 4. / �11I41v 1` 319 standards and the terms of the subdivision plans and plats and , in the case of the streets, upon acceptance of the streets by the County for full maintenance as a part of the County road system. 3. Public Sites and Open Spaces : The Planning Commission and the Board of County Commissioners, upon consideration of vehicular traffic and facilities and the particular type of development proposed in the subdivision, may require the dedication, development and/or reservation of areas or sites of a character, extent and location suitable for pulic use for parks , greenbelts or schools, other than subdivision streets and utility easements designated , in accordance with one of the following alternatives , or as specified in the POD plan, if any: 8. 1 The required acreage as may be determined according to Section 8-15-B of the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be approved by the County or school district, and shall be maintained by the County or school district. 8. 2 The required acreage as determined according to Section 8-15-B of the Weld County Subdivision Regulations may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 8. 3 In lieu of land, the Board of County Commissioners may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to Section 8-15-B. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Subdivider. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 9. Successors and Assigns : This Agreement shall be binding upon the -6- y, 7693"79 ,7,30,30��° 847 h2;-/c/ heirs , executors , personal representatives, successors and assigns of the Subdivider, and upon recording by the County, shall be deemed a convenant running with the land herein described, and shall be binding upon the successors in ownership of said land. 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 • (l. ; 1 1", A. ATTEST: Weld County Clerk and Reorder and Clerk to the Board . ''I ' ,iV .N •._ � ' • 2 ��_ Deputy County—Clerk APPROVED/A TO FORM: j County Attorney SUBDIVIDER: JJ .c.. I�.. �'...� e'/,i7( /;ie . — title) Subscribed and sworn to before me this lip Y' day of . 4',1977 My commission expires : A__ 3 /777 .t is . C ! , <t` •. ": � yyn L!.� !i) •• T� 1 . H \\� ` � � ''� ' N ary blic • `. C J43, -7- • °" JO9 a 84,fip 1769379 1 x:• 3(1, • EXHIBIT "A" /,y-I . Name of Subdivision : Park Land Estates , Filing : Nl/2 , S8, TIN, R68W - Location: • .• ' _ Intending to be legally bound , the undersigned Subdivider hereby agrees to • provide, throughout this subdivision and as shown on the subdivision final • plat dated , 19 , recorded on ,' 19 , • in Book , Page No. , Reception No. , the following improvements. (Leave spaces blank where they do not apply. ) . Improvements Unit Cost Estimated — -- Cnn'.I-rur. l inri Enst Street grading e # $ 0. L,(1/S,Y. 542,420.00 . Street base i varies ! 167 ,811 .00 Street Raving 1 varies 1132 ,447.00 . Curbs , meters , and culverts varies 1 131 ,281 .00 . Sidewalks I I • Storm Sc er facilities I 1 • Retention ponds Di-Ch h mprovei:escs 570-07L.F. . --11, /b0700 Sub-surface drainage 1 -I • Sanitary sewers - I 1 trunk and 'forced lines 1__ I Halos 1 1_ Laterals (-house conr,) I I ' 0n-site Se'•:dce acilitles I I • '0n-site Ua , er su ply and storage I 150,700.00 Water mains 1 1 191 ,870.00 Fire hydrants _ 1. 20,300.00---- Survey & street monuments & boxes 1100.00/ea . I 3,800.00 Street l i c,a t i ii c --- Street name s'idns & stop signs j 14 .00/ea. 1 1 ,400.00 Fencing rcnnuiromonts 6.00/ea , 1 51 ,900.00 Laiidscapinci I i Pai^k improvements I • SUI3TOIAL 1_ x9087179=1O0 Engineering and Supervision Costs 10°1 •------- ---_----_._ .. . b 90 ,818,00_ _- -__. ' (testing , inspection , as-built plans and work in addition to preliminairy and final plat; supervision of actual construction by contractors ) 1 1011\L LSTIi'd\lt H (,0 1 of Inek0VL.d fli.`I AND ',III'I'IIV11,10i1 ;+9`18 ,007 .00 the above improvements ',IIa1I lie cm', Lbw: iI!II 11I ,IClin WWI O 1-11I,II d II Cuuuly requiremenls and specifications , and conformance with this provision shill he detr'rruincd solely by Weld County , or its duly authorized agent. Said improvements shall be completed according to the construction schedule set on l: in Lichi`,q.iet" "B" �� r , iiizP / 1C71 /- /1-, '!&/ ,c. ;/.'(/cx; --17-#1e �-.- fi t 1,/) �J t' / c. ? 1 1 1<./ C C-.9: '�"�'�.. wu• :;c �„ - ( lf c'i,rleni, . iAii, 1 . I�. r' s(•i,v4e, li Pro!, i h'irl. and a lei, led to by °,i'1ir"'I dry , i Ii iiii i-iiF-11e! 'r,i'Iir'(ri i.•4.r,1 , ) , , cO-84'� 0 < 19 i ' ' 1730930 • • LXIIiisIi "6" : ah.e of Su )division :_ Park Land Estates • Filing : — Location: N 1� 2 S . $, l_ ' 1 .�r Iz_ Grs l;'. . Intending to be legally bound , the undersigned Subdivider hereby agrees to construct the improvements shown on the final subdivision plat of . Park Land Estates Subdivision, dated , 19 , . Recorded on , 19 , in nook , Page No. , Reception • No. and listed on Exhibit "A" of this Agreement, according to the following schedule. • • All improvements shall be completed within 3 years from the date of • • approval of the final plat. • Construction of the improvements listed in Exhibit "A" shall be cor- pleted as follows: • • • (Leave spaces blank where they do not apply. ) • . IJprovements Time for Completion Street grading • 36 months Street hose ' Street i);lyinc Maximum of 1 'yr - i nr f i rct rrrt i Eicat Curbs , waters , and culverts L ciccupa Sidewall:s Si.orm S .leg f. ci ii ties _. . ReLeliLion )Onds!With i ')roveiit;`.Iii.S* • Sub-surface tirainage I �. . Sanitary S^i•:erS • _ I • —trunk ano t orceG lines . Mains _ La ter1 s hvuse conrl) On-site 5::;.a -foci i i ties C __ . ' (iii-sito .l;,z'�er supPi/ airy storaJe I Before -issuance of Gerjifi.c&te of occu e!a ter ma lnS, same F1r•C IlS'dI'_ants same Survey_it iiree.i :;ioiiu;::en is & boxes 36 nlos . Street tic;;;F.Inri S Lree L na:':Csigns I 3l) mos . Fe Cilir, rquire tics (13875rc issuance oz bldg. permits andscaplr;'l • _— 36 mos . Par%iiltL�l.�'11!a�` tits__.,__ 1 — - • .SUU I 0 i AL vi__._—_ IfEbncrcte ditch drainage structures to be completed after 1977 irrig and before the beginnu.ig of 197S season. The Board of County Commissioners , at its option, and upon the request by the Subdivider, may grant an extension of time for completion for any particular improvement shown above, upon a showing by the Subdivider, that the above --) ,' ;.f:Ilvdu1t! f'dllinf)t'. 1.110 till, .%,,,, �' f `� /' �' �, ��. A- L.. I L t h G ,/ ,SIC"` • _ .f; .,, i`a r.• s Siil I 'i'i•i* Of Siri��liviilier III (•Ill'pt)1" l Itolr1.9 Iii.,-',iriiii.,: 3'y 1'1'!". IIIt'nt. and iit.tl".I.r•d In by f;Pf;l'1.'ia ry, S4`7 1769379 iu - ' 7 EXHIBIT "B" Lots 1 and 23 , Block 1; Lots 2, 3 , 4, 8, 11, 15, 16, 24, 48, 49, Block 2; Lots 1 and 6 , Block 3 ; and Lots 3 and 5, Block 4 , PARK LAND ESTATES according to the recorded plat thereof. 4' 847 110 i 1769379 '3- lY EXHIBIT "C" Lots 3, 48 and 49, Block 2; and Lots 1 and 6 , Block 3, PARK LAND ESTATES according to the recorded plat thereof ED 4 , . , . DS < Dz (a` 2o4r. y 1 N T W y T T O n n H m O J° n � O a) t n0 A A K r O 2 0 l p v O -Di O �`' o - 2 2 if N •CL s. O N ic y-,: < Z ,,,, 7 n h a Q g yO A I NA CCD �bCO t. f c l cH wi t � + I F I' A IP , ,i I lif ( if r:OIINTY ATTORN e .1 �eS P . O. BOX 1948 1 : PHONE 1303) 356-4000 EXT. 915 10TH STR ?_ ® GHEE LEY, COLORADO BC COLORADO October 13 , 1978 Frederick L. Ginsberg Attorney at Law 3600 South Yosemite Suite 840 Denver, CO 80237 RE: Park Land Estates Escrow Account Dear Fred: I discussed the matter of the proper bank for the Park Land escrow account with our County Treasurer, Mike Loustalet , who was on vacation when I last inquired about the matter at his office. Mr. Loustalet informs me that the preferred pro- cedure would be the establishment of an escrow account through the County Accounting Office and the Treasurer ' s Office. The procedure would work as follows: 1. The Board of County Commissioners, by resolution, directs the Treasurer to set up an interest bearing account, earmarked as the Park Land Estates escrow account and subject to the pro- visions of the Addendum to the Subdivision Improvements agreement, in a Weld County bank of his choice. 2. Funds to be deposited by Park Land Associates to the account would be paid to the Weld County Accounting Office, which would record the pay- ment and forward the funds to the Treasurer for deposit in the account. 3 . All provisions in the Addendum relating to release of the account would , of course, be incorporated in the escrow arrangements with the chosen bank. The Treasurer suggests that this procedure allows the County to keep a closer watch over the account, minimizing bookkeeping difficulties if the monies should ever need to be withdrawn by the County. i Frederick L. Ginsberg Page 2 October 13, 1978 Please let me know if this alternative arrangement would be satisfactory to your clients. I am informed that the account must be in a Weld County bank whether or not the account is administered through the Treasurer ' s Office. Hopefully we can get this straightened out in the near future. It appears to me that the matter is one primarily of form rather than substance. I look forward to hearing from you. Sincerely, P. Kay Norton Assistant County Attorney PKN: ss cc : Clerk to the Board Hello