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HomeMy WebLinkAboutC79-08 SIA for June Creek Ranchw, e SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this., day of April, 1979, by and between Berry Creek Metropolitan District, a quasi -municipal corporation under the laws of the State of Colorado, hereinafter referred to as "the District", June Creek Ranch Company, a Colorado joint venture, hereinafter referred to as "Subdivider"', and the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to 'as "County", WITNESSETH: WHEREAS, the Subdivider and the County entered into a Subdivision Improvements Agreement dated October 27, 1978 relating to Berry Creek Ranch Subdivision Filing No. 1, which agreement the Subdivider and County desire to terminate and cancel, the same to be replaced with this Subdivision Improvements Agreement; and WHEREAS, the District, in connection with the approval of the final plat of Berry Creek Ranch Subdivision, Filing Nos. 1 and 2, (the "Subdivision") desires to enter into a Subdivision Improvements Agreement with County as provided for by Section 30-28-137, Colorado Revised Statutes 1973, as amended; and "y WHEREAS, pursuant to said statute, the District desires to make reasonable provision for completion of certain public improvements ("Improvements")'set forth in Exhibit "A" attached hereto and by reference incorporated herein; and WHEREAS, the Upper Eagle Valley Sanitation District, a quasi -municipal corporation under the laws of the State of Colorado, has assumed responsibility for collection and treatment of sewage generated from within the Subdivision; NOW THEREFORE, in consideration of the following mutual covenants, conditions, and promises, the parties hereto agree hereby as follows: f � r 1 . 1, The District hereby agrees, at its sole cost and expense, to furnish all equipment and material necessary to perform and complete, within 24 months from the dates of recordation of the --- Subdivision final plats, in a good workmanlike manner, all public improvements as shown in the final plat documents for the Subdivision in accordance with all plans and specifications for the Subdivision filed in the office of the County Engineer and/or the County Department of Planning and Development and 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 plat approval. (b) All laws of the United States of America, State of Colorado, County of Eagle and -its respective agencies, affected special districts and/or service districts. (c) Such other designs, drawings, maps, speci- fications, sketches and other matter submitted by the Subdivider 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 County Building Official, respectively, and, shall not be deemed complete until approved and accepted as completed by the Board of County Commissioners of the County or said Board's appointed designee. The estimated cost of -said work and improvements is the sum of $1,078,450. 2. To secure and guarantee for the benefit of the County the performance of the District's obligations as set forth. herein, the Subdivider agrees that to the extent the District shall fail to perform its obligations as set forth herein, the Subdivider, in the place and stead of the District, shall perform the same. 3. • The County agrees to approval of the Subdivision subject to the terms and conditions of this Agreement. 4. This agreement.may be amended from time to time, provided that such amendment be in writing and signed by all parties hereto. 2 good and adequate warning to the traveling public of each and every dangerous condition existent in said roads or any of them, and shall protect the traveling public from such defective or dangerous con- ditions. Until the completion of all the improvements herein agreed to be performed, each of said roads not accepted as improved shall be under the charge of the District for the purposes of this Agree- ment; and the District may close all or a portion of any street or road whenever it is necessary to protect the traveling public during the construction or installation of the improvements herein agreed to be made. 8. The District and the Subdivider warrant all work and material for a period of one year after acceptance of all work referred to in this Agreement by County. 9. The Subdivision Improvements Agreement executed between the Subdivider and the County dated October 27, 1978, is hereby terminated and cancelled, and all security given by the Subdivider in connection with such agreement shall be released and discharged. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. �a Attest: By: Clerk of the Board of County Commissioners Att By: COUNTY OF EAGLE, STATE OF COLORADO By and through its Board of County Commissioners By Chairman BERRY CREEK METROPOLITAN DISTRICT est: Chairman Assistant Secretary 4