No preview available
HomeMy WebLinkAboutC80-038 SIA for Red Canyon Acres4 k.'� T i y....M. SUBDIVISION IMPROVEMENTS AGREEMENT rc $j THIS AGREEMENT, made and entered into this %-'" day of , 1980, by and between D -J Group Partners hereinafter called the Subdivider, and the Board of County Commissioners of Eagle County, hereinafter called the County. WITNESSETH: WHEREAS, the Subdivider as a condition of approval of the final plat of Red Canyon Acres Subdivision, wishes to enter into a Subdivision Improvements Agreement as provided for 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 a private roadway and water service system for use upon that real property described in Exhibit "A" and as more fully set forth in the plat for "Red Canyon Acres Subdivision; and WHEREAS, the Subdivider wishes to provide collateral to guarantee performance of this agreement, including construction of the above referenced improvements by means of an irrevocable letter of credit. NOW 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 before September 1, 1981, in a good workmanlike manner, all referenced 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 district, if any. C. Such other designs, drawings, maps, specifications, sketches and other matter submitted by the Subdivider to and approved q 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. f� The improvements and estimated costs are as follows: 1. Adjudication of water rights a. Legal $ 1,400.00 b. Engineering $ 500.00 2. Conveyance of water rights to the Red Canyon Acres Homeowners' Association $ 50.00 3. Engineering for Water Distribution System (Previously Paid) 4. Installation and Construction of Water Distribution System $32,860.00 5. Construction of Private Drive $ 5,994.00 TOTAL $40,804.00 2. To secure and guarantee performance of its obligations as set forth herein, the Subdivider agrees to provide security and collateral in the form of an irrevocable letter of credit from the First Bank of Eagle County. 3. In the event suit is brought upon this Agreement, the Subdivider hereby agrees to pay a reasonable attorney fee to be fixed by the Court if Judgment is rendered in favor of County; and County shall pay reasonable attorney fees if Judgment is rendered in favor of Subdivider. 4. 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 acceptance of 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 work, but all of said liabilities shall and are hereby assumed by the Subdivider. The Subdivider 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 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 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 defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the subdivider may have. 5. It is mutually agreed, pursuant to the provisions of Section 30-28-137 (3), Colorado Revised Statutes 1973, as amended, that the County or any purchaser of any lot, lots, tract or tracts of land which is part of this 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, tract or tracts of land or of any other provision of this article. Such authority shall include the 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 are 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 Commissioners 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 the 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 of Red Canyon Acres 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. ATTEST: WK - 0 Afffem, I I lerk of the Boai4-," V STATE OF COLORADO ss. COUNTY OF EAGLE COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS Chairman, Dale 'Grant The foregoing Subdivision Improvements Agreement was acknowledged before me this _ day of 1980, by Witness my hand and official seal. My commission expires: 19_. Notary Public D -J GROUP PARTNERS A GENERAL PARTNERSHIP BY: Robert L. io>eson as a General Partner STATE OF COLORADO ss. COUNTY OF EAGLE The foregoing Subdivision Improvements Agreement was acknowledged before me this Z.,'111 day of..X)a Z 1980, by Robert L. Johnson. 11 Witness my hand and official seal. My commission expires: IP, -7 ► 19&12 Notary Public (7) EXHIBIT "A" Parcel A, Hornbaker Subdivision, according to the plat recorded December 17, 1979 in Book 296 at Page 95.