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HomeMy WebLinkAboutC79-26 SIA for June Creek RanchEl 0 3 , R ea b � + 4 ° 4 ' into this _+ dad" o4 and tared n "April, ' by andbetw&M Berry'Creek Metropolitan District, a r i i pal c poratiou under the l of the Stats of +t►lnrs r y referred to - as "the District$', dune Creek itchy ;. Ogora,40 joint venture, hereinafter referred to as "Subdivider". County of Eagle, State of Colorado, a body corporate and°r gpatio, by,and through its f%oard of County commissioners, herei fCdiR` refe�.ed to sa "County WITNESSETH: WHEREAS, the Subdivider and the County entered into a Subdivision 1Wrovements Agreement dated October 27, 1978 relating to 'Berry Creek Ranch Subdivision Fi1iuS No 1, which egre t tha Subdivider aau County desire to terminate and cancel, the saw to t be replaced with this Subdivision improvements Agreement; and a"+ire WN:uREAS , District, in connection with the sprroval of the final plat of Berry Creek Ranch Subdivision, Filing tion. 1 _ and 2, (the ""Subdivision") desires to anter into a Subdivisions rov c nta Agreement with Couacy as provided for by Section IMP30-°28-137, �' Colorado Revised Statutes 1973, as del, and WHEREAS, pursuant to said statute, the District desires to '' reasonable prevision for completion of certain public UVrov is ("Improvements") set -for_ th in Exhibit "A" attached hereto d :by ref arence incorporated herein; and � fAS.;the Upper "Eagle Val12y Sanitation District, a " ° �geu► ti *moi oipsa corporation der the laws of the State of d resahility for collection and treatment genart,t*d fns within tho Subdivision; �3 gOW TORE, in sideratior of the foil mutual „� Ci s and promises, the parties heretc agree by 0 1. Th;� iuistrlot hereby agrees, at -to sale 'Maga; to "furnish ell equipment and material necessary W Auld a oMlste, within 24 months from the dates of tee ordati+stt a r.` Subdivision final plats, in a hood workmanlike manner, ,all public improvements as shown in the final plat documents for the Subdivis '. 4, ra 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: 11 (a) All final plat documents submitted prior y to or at the time of final plat approval. (b) PI laws of the United States of America, Stag of Calarauo, County of Eagle and its respective -a agencies, affected special distzictis and/or service districts. (c) Such otter designs, drawings, srbaps , 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 Counter Commissioners of the County or said Board's appointed &_-signee. `The estimated cost of said words and improvements is the sum of $1,075,450. 1. To sec.;re and g 1, ,%rantee for the benefit of the County the performance of r;re ,rrict`s obligations as set forth herein, the Subdi%ider <a-roes L.;ae t the extent the District shall ~ fail to perform it$ obligations as sat fc~th herein, the Subdi *, in the place and stead of the District, shall perform the saft. 3, They County agrees to approval of the S diwisi �'111,;� WVI sukjsat to the terms and conditions of this Agreement. .: 4. s agreement nded f providedthat such amendment be in writing woad siZi tt " i to. x . wn w e+e. +n ,.trR 4r.+n 1.w ewL. s. rMj ar�,rwrwr., Ma, awwr w.n pv Rx +nwvo weawn .. , er*, e, to furnish all equipment and material necessary{ and lane, within 24 the fr the dates of rec t . ' W " Subdivision final plate, in a good workmaulika manner, aU pub improvements as shown in the final P lat disc is for the. 9 � } iw Ancordance with all plans ai,,J sped ic�ations for the dim u' x filed in the office of the Cou xy Engineer and/or the County Department of Planning and Development and to do all works 1 thereto according to and in compliance with the following - All final plat documents submitted prior � to or at the time of final plat approval. A (b) R11. laws of the united States of America, State of Colorauo, County of Eagle and its respective agencies, affected special districts and/.sr service e districts. (c) Such other designs, drawings, maps, speic- ` fications, sketches and other tter s fitted by 1 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 "R Building Official, respectively, and, shall not be deemed complete until approved and accepted as A completed by the Board of County Commissionevs of the County or said Board's appointed designee. .r The estimated cost of said work and improvements is tha t sum of $1,078,450. i 1. To secure and guarantee for the benefit of the 71, 4 ounty the performance of the District's obligati sat 44"11,11 rain, the Subdicider areas that to the extent the District -fail'tis perform its obligations as set forth herein, the g g 14 the place and stead of the District, shall performthe 9 3. The. County agrees to cppMooretl of the / a .. to, the terns and conditions of ° this a t. 4. This agreement may be amended a asp t be in w r$tf 444, W sy.Yn rr b 'fir... z tr AiM, AS grfx'A 4 r bs� 41*44 'by the Court if Judtw*t aa# Coo t. Shall psy reaSQUAble attotows Adin favor of the .District of the 6. CoMty shall not, nor shell any officer or ON qf, be liable or responsible for any aecidant, la$8 or 'sor occurring to the Warn$ specified in this asset prior to the completion and acceptance of the same, nor *oil County, nor any officer or employee thereof, be liable for parsons or property injured by reason of the nature of said wok, but all of said liabilities shall and are hereby assumed by tbo District and the Subdivider. The District and the Subdivider hereby agree to indemifY and;hold harmless the County, and any of its officers, agents, 4214, _jwqployees against any losses, claims, damages or liabiMiza to " h County or any such of its officers, agents, or employefoo may subject to, insofar as any such lasses, claims, gess or a (or actions in respect thereof) that arise out of or Am bases° upon any performance by the District or the Subdivider t*under, including the representation and covenant that County I"Vill. not be responsible for any aspect of the proposed sanitary sal system; and the District and the Subdivider shall rs- m 'k k ,e° t'County for any and all legal or other expenses reasonably "d,by County in connection with investigating or defending -Awh lass, claim, damage, liability, or action. This indemitr a shall be in addition to any other liability which the d the Subdivider may have, i. The District shall at all times from the acceptance Ow d'of County Comissioners of the road rights -of -wap of- dadication in the s bJ pct .subdivision up to the of the subject work or improvement by County, `A; warning to tr. o traveling lair et existent in said roads or MY of x getg the traveling lic from such defective or 40,1016*0, K Aft until the completion of all the improvemovts to bre. perform". each of said r•o&43 not accepted s0 i � ba ►ander the c ge o the District for the p ses of t *, 0, y.. �tand the District may close all or a portio t of any s road whenever it is,necessary to protect the traveling public during the construction or installation of the imProveneuts +s n agreed to be made.' 8, The District anti the Subdivider warrant all work and material for a period of c„c year after acceptance of allwork” referred to in this Agreemei,t ::.r �:,aunty. 9. The Subdi,,i; ion Improvements Aereement executea between the Subdfvidar and the County dated October 27, 1378, is hiereby terminated and sand:?le , and all security given by the Subdivider in connection. wlti, :.:<It agreement shall be released and discharged. IN WITNESS WHEREUF, Lh paartiVs have hereunto set their hands and steals the day and 'Year first above written. Att rn IP 4 COUN'TY OF EAGLE, STATE OF M w xr o By and through its Board of Commissioners .M a r H}° C, .M a k (.