HomeMy WebLinkAboutC79-28 Improvements Agreement with Randall GuerrieroIMPROVEMENTS AGREEMENT
THIS AGREB*NT, paend entered into this diftt-day-of October, 1979,
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r, hereinafter referred to as
by and between Mr. a n d
the Board of County Commissioners, County of Eagle, State of Colorado, hereinafter
referred to as the "Board".
WITNESSETH:
WHEREAS 9-J AS Tvrftr a condition of final approval of a minor subdivision
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located zt-64—Beaver-Read, EaSi-aiVail, County of Eagle, State of Colorado,
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wishes to enter into an Improvements Agreement; and
WHEREAS,_T*m-mer is obligated to provide security or collateral
sufficient in the judgment of the Board to make reasonable provision
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Tor completion of certain improvements i.e. pollsomw parking area located
on the property to be subdivided; and
WHEREAS, TAnmper wishes to provide collateral to guarantee performance
of this agreement by means of,� letter of credit in the amount of-tviawthet_&&nd
dollars
NOW, THEREFORE, in consideration of the following mutual covenants
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and agreements,,Tu"_'er and the Board agree as follows:
1 T*wr&-r 'hereby agrees, at his sole expense, to furnish all equip-
ment and material necessary to perform and complete in a good workmanlike
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1980 the parking area located
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manner on or before -Nevembe;'At.- i&d?e, ��' L'.�
on the subdivided property at _,Ll, County of Eagle,
Colorado, and to do all work incidental thereto according to and in compliance
with the following;
a. All laws of the United States, State of Colorado,
Eagle County, and its various agencies, including zoning
resolution, affected special districts and/or servicing
authorities.
b. Such other designs, drawings, maps, specifications, sketches
and other matter submitted to and approved by any of the
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above stated governmental entities
2. To secu and -guarantee performance of Toe_. 's obligations
as set forth herein Turner agrees to provide security_ n- collateral in
,,,�,,h�effoorrm �of letter, of credit, m the First Bank of 94i�oe in the amount
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of tyD;Z���� @@@-0 0 ieN--
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3. It is further mutually agreed that as improvements are completed,
r may apply to the Board for a release of part or all of the collateral
deposited with said Board. Upon inspection and approval, the Board shall
release said collateral. If the Board determines that any of such improvements
have not been. -constructed, in substantial compliance with specifications, it
shall furnish T r a list of specific deficiencies and shall be entitled
to withhold collateral sufficient to ensure such substantial compliance. If
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the board determines that TMVnr will not construct any or all of the improve-
ments in accordance with all of the specifications, the Board may withdraw
and employ from the deposit of collateral such funds as may be necessary
to construct the improvements in accordance with the specifications.
4. The Board hereby agrees to final approval of the minor subdivision
referred hereinabove, subject to the terms and conditions of this agreement.
5. Parties hereto mutually agree that this agreement may be amended
' from time to time, provided that such amendment be in writing and signed
by all parties hereto. 6:1&r
6. In the event suit is brought upon this agreement, _ r
hereby agrees to pay a reasonable attorney's fee to be fixed by the Court
if judgment is rendered in favor of the County; and the County shall pay
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reasonable attorney's fees if judgment is rendered in favor of T r.`
7. County shall not, nor shall any officer or employee thereof,
be liable or responsible for any accident, loss or damage happening or occurring
to the works specified in this agreement prior to the completion and
approval of the same, nor shall the County, nor any officer or employee thereof,
be liable for any persons or property injured by reason of the nature of said
work, but all of said liabilities shall and are hereby assumed by-TTr.
8. 4tumar hereby agrees to indemnify and hold harmless the County,
and any of its officers, agents and employees against any losses, claims,
damages, or liabilities to which the County or any such of its officers,
agents, or employees may become subject to, insofar as any such losses,
claims, damages, or liabilities (or actions in respect thereof) that arise:
out of or are based upon any performance by T=Paer hereunder; and Turmer
shall reimburse the County for any and all legal or other expenses reasonably
incurred by the County in connection with investigating'or defending any such
loss, claim, damage, liability or action.T ,is indem��,�l1ity provision shall
be in addition to any other liability which Ttrrftr may other have.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year first above written.
ATTEST:
Jerk of the Board of-.
County Commissioners
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STATE OF COLORADO)
COUNTY OF EAGLE ) ss.
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COUNTY OF EAGLE, STATE OF COLORADO
By and T ough Its
BOARD 0 COUNTY COMMISSIONERS
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By :_..v
Daniel E. Williams, Chairman
W. Keith Troxel
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Dale F. Grant
MR. GfRfttVmEw—TVME`R
ADDRESS
TELEPHONE:"
so
ACKNOWLEDGEMENT
The foregoing instrument was acknowledged before me this
day of October, 1979, by
Witness my hand and official seal.
My commission expires;
Notary Public
