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HomeMy WebLinkAboutC79-36 SIA Nelson Schmidt SubdivisionSUBDIVISION It1PROVEMENTS AGREEMENT THIS AGREEMENT, made and entered in to this � day of ! ' l 19 V by and between `ereinafter called the Subdivider, and the Board of County Cor,nni ssioners of Eagle County, hereinafter called the County. WITNESSETH: : -W EREAS, the Suti4ivider as a condition of approval of the final r plat of -' �t,-.,P.� - Subdivision, wishes to enter into a Subdivision Improvements Agreement as provided `nor by Section 30-28-137, Colorado Revised Statutes 1973, as amended; and WHEREAS, pursuant to the same authority, the Subdivider 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 public improvements set forth in Exhibit A attached hereto and incorporated herein; and WHEREAS, the Subdivider wishes to provide collateral to guarantee performance of this agreement, including construction of the above referenced public improvements by means of (insert one of the following:) (a) plat restriction (i) on plat (ii) separate agreement (b) irrevocable letter of credit (c) completion performance bond (d) cash escroti! (e) plat escrow (f) promissory note and first deed of trust - PIG! THEREFORE, in consideration of the following mutual covenants and agreements, the Subdivider and the County agree as follows: 1. The Subdivider hereby agrees, at its sole cost and expense, to furnish all equipment and material necessary to perform and complete, on or r before(date of completion) , in a good workmanlike manner, alb pu l'improvements as shown in the final plat documents for the Subdivision in accordance with all plans and specifications for the Sub- division 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 district. c. Such other designs, drawings, maps, specifications, sketches and other matter submitted by the Subdivider to and approved by any of the above referenced governmenalentities of, and toAll said work shall be done under the inspection 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 inted County Com�,ri ssi oners of' the County or said Board's app designee. The est=imated cost of 11 said work ani improvements is the sum of ance of its obligations at To secure andgtrarantee performeralin forth herein, the Subdivider agrees to provide security and collateral the fore: of (insert one of 'he (a) a plat restriction appearing on the face of the plat which _ reads as follows: (b) a plat restriction by separate agreement which readdss ank asifollows: th kna (c) an irrevocable letter of credit from amount of $ as corporate surety (d) a completion performance bond issued by in the amount of5 Gc> f (e) a cash escrow in the amount --'' to be held escrow by (f) a plat escrow (g) a promissory note in the amount of $ together with a first deed of trust on lands not included within the subdivision 3. In the event suit is brought upon this Agreement, the Subdivider hereby 9 rebs agrees to pay a reasonable attorneys fee to be fixed by the Court if Judgment is rendered in favor of County; and County shall pay reasonable. attorneys fees if Judgement is rendered in favor of Subdivider. the 4. County shall not, nor shall any officer or employee 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 acceptance of the same, nor shall County, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said but all of said liabilities shall and are hereby assumed by the Subdivider. The Subdivider hereby agrees to indemnify and hold harmless the losses, County, and any of its officers, agents, and employees against any claic,s, damages or liabilities to which County or any such of its officers, agents, or er�ployees 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 the Subdivider hereunder; and the Subdivider shall reimburse County for any and all legal or other expenses reasonably incurred by County in connection with investigating or defendi rrg any such loss, cl ai n , damage, liability, or action. This inde:,nitr� provision shall be in addition to any other liability which the Subdivider may have. -2- 5. It is mutually agreed, pursuant to the provisions of Section .30-23-137(3), Colorado Revised Statutes 1973, as amended, that the County or any pruchaser of any lot, lots, tract or tracts of land subject to a plat, restriction which is the security portion of a subdivision improvements agreement shall have the authority to bring an action in any district court to compel the enforcement of any subdivision improvements 'agreement on the sale, conveyance or transfer of any Such lot, lots, tractor tracts of land or of any other provision of this article. Such authority shall include right to compel rescission of any sale, conveyance or transfer of any lot, lots, tract or tracts of land contrary to the provisions of any such restrictions set forth in the plat or in any separate recorded instrument, but any such action shall be commenced prior to the issuance of a building permit by the County where so required. 6. It is further mutually agreed that pursuant to the provisions of Section 30-28-137 (2), Colorado Revised Statutes, 1973, as amended, that as improvements a ' re completed, the Subdivider may apply to the Board of County Commissioners 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 are not constructed in substantial compliance with specifications, it shall furnish .the Subdivider a list of specific deficiencies and shall be entitled to withhold collateral sufficient to ensure Such substantial compliance. If the Board of County Commi-,sioners determines that the Subdivider will not construct any or all of the improvements in accordance with all of the specifications, the Board of County Commissioners may withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvements in accordance with the specifications. 7. The Subdivider warrants all work and material for a period of one year after acceptance of all work referred to in this Agreement by County. Further, County shall have a right to require security or collateral be provided by Subdivider to remain, as determined by County, sufficient to cover any and all claims under this warranty. 8. The County agrees to approval of the final plat o Subdivision, subject to the terms and conditions of this agreement. 9. Parties hereto mutually agree that this agreement may be amended from time to time, provided that such amendments be in writing and signed by all parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. T., - ATTEST: fierk of the Board CO "'T� OF EAGLE, SIATE OF COLORADO BY AN THROUGH ITS/ BOARD �F COUNTY COMMISSIONERS Chairman, Dan Williams STHT� _i" �C,��'r15ri . County of �. �L<,( ) x. el _ The foregoing Subdivision Improvements Agreement was acknowledged before me this� �-, �' day of D -p w�.(o �,� � 197 , by S�ac,,L+ !'fitness my hand and official seal con. mission expires My Co missive expires January 25, 1903 � 19 ; Notary Public