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HomeMy WebLinkAboutC78-45 SIA for Draeger Subdivisionherein- hdivier". and . County of Eagle, y '? rgite :an 4 . politic, by and my Coomissioners# hereinafter re- � k z ,gggY the Subdivider, as a condition of approval `4'' plat of DR�AGER SUBDIVISION desires to enter ;ase fie►1 p ti> o a Subdivision Improvement Agreement as provided for. by '='tion '30-2E-137, Colorado Revised Statutes 1973, as a MMded t and WHEREAS, i:ssuant to the same authority, the Subdiver is obligated to provide security or collateral sufficient in the judgment of the Board of County Commissioners to - make reasonable provision for completion of certain improve -4, scents set forth in Exhibit A attached hereto and incorpor- ated herein; and WHEREAS, the Subdivider desires to provide collateral to guarantee performance of this Agreement, including con- struction of the above -referenced improvements, by means of a letter of credit; NOW, THEREFORE, in consideration of the following <; mutual covenants, conditions, and promises, the parties° hereto agree hereby as follows: ' 1. Subdivider hereby agrees, at his own cost and expense, to furnish all equipment and material necessary to perform and complete, and on or before April 30, 1978, .., __f__ And complete in a good workmanlike manner, the yp� hereby acknowle4ges an4,'1.agr0*s able for`the copstruottai of an required from time to`�tt :sat 3D f Subdivision wh ch Is dedicasted to the,h 4. Upon inspection and approval of *aid Y the County shall release said collateral, If. determines that any such improvements are not �co%ruct3 �h in substantial compliance with specification, it Ahall ut" nish the Subdivider a list of specific deficiencies `' {g shall be entitled to withhold collateral sufficient to.'err� >' sure such substantial compliance. If the County determines that the Subdivider will not or is unable to construct any y t. or all of the improvements in accordance with all of the specifications, the County may withdraw and employ from the deposit of collateral such funds as may be necessary to con- struct the improvements in accordance with the specifications.. 5. The County agrees to approval of the final plat of DREAGER SUBDIVISION, subject to the terms and conditior:, of this Agreement. 6. Parties hereto mutually agree that this Agreement may be amended from time to time, provided that such amend- ment be in writing and signed by all parties hereto. 7. In the event suit is brought upon this Agreement, Subdivider hereby agrees to nay a reasonable attorney fee to be fixed by the Court if Judgment is rendered in favor of the County. � x 8. County shall not, nor shall any officer or thereof, be liable or responsible for any accident, damage happening or occurring to the works specific Alm day Oin- Eagle, nd "J, r re- )val ,.er for by Ddiver :!ient to improve- orpor- ateral q con - ,cans .no -ics and 3sarY 1978# the 4 ,-r, plans and specifications therefor filed in the office of the County Engineer and/or the Department of Planning and Development to do all work incidental thereto according to and in compliance with the following: (a) All final plat documents submitted prior to or at the time of final p.Lat approval. (b) All laws of the United States, State of Colorado, Eacle County and its various agencies, including its Zoning Resolution, affected special districts and/or service districts. (b) Such other designs, drawings maps, specifi- cations, sketches and other matter submitted to and approved by any of the above -referenced governmental entities. All said work shall be done under the inspection of, and to the satisfaction of the County Engineer and/or the Building official, respectively, of the County of Eagle, and shall not be deemed complete until approved and accepted as com- pleted by the County or its appointed designee. The estimated cost of said work and improvements is the sum of $2,300.00. 2. To secure and guarantee performance of his obli- gations as set forth herein, the subdivider agrees to pro- vide security and collateral in the following form, as approved herein by the County: a letter of credit drawn on a bank authorized to do business in the State of Colorado in the amount of $2,600.00; which letter of credit shall pro- vide that the County may draw upon said letter of credit at any time, if, in County's sole opinion, County determines that it must complete Subdivider's performance required hereunder, due to Subdivider's inability or unwillinghess to perform pursuant to the terms of this Agreemqnt. -3-4-- -Any-other agreements --between US %� .y � {��`i iP t�,ti.+iiA��4i+M•�.i n, l} of its bf +it ri i�+�',� in >��� �S�f�^4♦ clai�sa4. �gCl� !��", l��t f s$ fi h S hf t y �t ts of ,gyp s u �. na Dar is say suchlosersi ll ti .. 7 (fir act ons' in respect t e } t, at a k d upon any performa)y j 0 er q ubdiv�der mCIOall reimburse y �for any :`or other, exp osis seasonably incurred by County Y"}�` in �onection grit investigation or defending any such loss, CIAr''dr`'ile, -liability, or action. This indeMit ,pro - vi ftbe in addition to any other liabiltj which the Subdivider may otherwise have. 9. Subdivider warrants for a period of one year after acceptance of all work referred to in this Agreement by the County,that all work performed and all material furnished conforms and is in accordance with the plans and specifi- cations approved and accepted by County. Further, County shall have a right to require the security or collateral provided by Subdivider to remain in effect in an amount, as determined by County, sufficient to cover any claims under this warraty. IN WITNESS WHEREOF, the parties have hereunto set iz hands and seals the day and year first written above. „�s 4 , � � ST"s�� COUNTY OF EAGLE, STATE OF COLORADO By and rough its Board of County �fffs ^¢$`tp� Commi o ers ti n( d m � 3 r By: 1 A7, s'� $ es es t1�"' idiviss .. b+weve�, �•, ttlb Katflr li the str:E*(tn_, in said ,j r easemOftt' ea"ta', rvice the individualla��� %.water 4„r 4 ler linea shall, be" t , reap aibility of the in i t d ►1 iot (*ngrs) . ` Said i r ar` shall be installed in accor�- < my t �nty dance W` the pi ans and `, if cations t refor submitted to the Coir► t that `:.tis walls of � p house as, ter A shall not' be lean' than 6 *aches abo , gto level. s :he mer e a K ,n r DLORADO County