HomeMy WebLinkAboutC80-041 SIA for Fairwaye GreeneFee $10.00pd
212054 „ worded at 9:OOA.M. Jan. 2, 1�-u
PM 1680., - Recorder: Johnnette Philli , Eagle County
SUBDIVISION IMPROVEMENTS AGREEMERf
THIS AGREEMENT, made and entered into this 24th day of
September 1980 by and between g] �_T Rrnwn
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 FAIRWAYE GREENE' 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 provisions 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:) Promissory
Note secured by a second deed of trust*
(a)
Plat restriction stating that no lots within said Subdivision shall
be sold and/or conveyed until all public improvements referred to
herein are approved and accepted by the Board of County Commissioners.
(b) irrevocable letter of credit
(c) Completion performance bond
(d) cash escrow
(e) promissory note and first deed of trust
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
aor{:manlike manner,
before _September 24, 1983 (date of completion), in a good i
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 Department of Coorymunity 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.
*said first deed of trust being for the use of Central Mortgage
and Investment Company to secure the original sum of $15,000.00 r
upon which a balance is owing as of the date of this instrument �
of $10,909.96.
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a
of
c. Such other designs, drawings, maps, specifications, 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
To secure and guarantee performance of its obligations as set
forth herein, the Subdivider agrees to provide security and collateral
in the form of (insert one of the following: Promissory Note in the
amount of $231,903.00 secured by a second deed of trust
(a) a plat restriction appearing on the face of the plat which
states that no lots within said Subdivision shall be sold
and/or conveyed until all public improvements referred to
herein are approved and accepted by the Board of County
Commissioners.
(b) an irrevocable letter of credit from Bank
in the amount of $ on a form
acceptable to the County Attorney.
(c) a completion performance bond issued by
as corporate surety in the amount of $ -
(d) a cash escrow in the amount of $ - to be
held by as escrow agent.
(e) a promissory note in the amount of $
secured by a first deed of trust.
3. The Subdivider may at anytime substitute the collateral
originally deposited with the County herein, for another form of
collateral acceptable to the County to guarantee the faithful completion
of those public improvements referred to herein and the performance of
the terms of this Agreement.
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 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 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 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 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.
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~ 5. It is mutually agreed, pursuant to the prOViSiOD5 of Section /
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30-28-137/3\, Colorado Revised Statutes 1973, as amended, that the C0UDtY or
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any purchaser of any lot, lots, tract Or tracts Of`ldDd subject to d plat '!
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restriction which is the security portion of d subdivision improvements
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agreement Shall have the authority to bring an �CtiDD in any district court
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to compel the enforcement of any subdivision improvements agreement OD the '
sale, conveyance Or transfer Of any such lot, lots, tract Or tr&CtS 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 plot or in any separate recorded instrument, but any such
action shall be commenced prior to the issuance of u building permit by the
COUDtv where SO required.
G- 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 d release of part or all of the collateral deposited with
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said board. Upon inspection and approval, the board Shall release Said C011at2rdl�+
if the board determines that any Of such improvements are not constructed in sub-
stantial 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 COmQiSsiOn2rS
may withdrdx( and employ from the deposit of collateral such funds as may be
necessary to construct the impr6yem8ntS in d[cO'dunc2 with -the specifications.
7, The Subdivider warrants all work and material ford period Of one
year after acceptance of all work referred tO iD.thiS Agreement by County. Further,
County shall have d right.to require security Or c011ate�al be provided by Sub-
divider to remain, as determined by County, sufficient to cover any and all claims
under this warranty.
) 8- The C0/ntv agrees to approval Of the final platUf F i YY GD8
Subdivision, subject to the terms and conditions of this agreement'
g' 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
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parties hereto.
10. This agreement shall be enforceable against the Subdivider provided,
however, that in the event the Subdivider sells Or transfers all or part of the i
Subdivision,as shown �n t�� final plat (prior to extensive ��l2� of individually
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platted tracts), the obligations Of the Subdivider under this agreement as to that i
portion Of the Subdivision may be assumed by the purchaser Of the parcel, and
Subdivider shall have no further obligations hereunder. It is agreed, however, |
that 00 such assumption of these obligations shall be effective unless the Board |
of County Commissioners gives its prior approval to such assumption, following an !
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investigation Of the financial condition Of the purchaser.
*The board Shall not r8l8dS8 such collateral, however unless and �
until the subdivider,.his 5Ucne3SorS or assigns Shall have released '
the sUbf8Ct property from the lien Of the First Deed Of Trust men-
tioned on page l of this agreement and shall have filed such release
Of record in the OfFiC8 of the Eagle County Clerk & Recorder. �
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11. It is' further agreed that the Subdivider shall at all times from
the acceptance by the Board of County Commissioners of the roads offered for
dedication in the subject subdivision to the completion and acceptance of said
work or improvement by the County, give good and adequate warning to the traveling
public of each and every dangerous condition existent in said roads or any of
them, and will protect the traveling public from 'such defective or dangerous
condition. it is understood and agreed that until the completib ' 6, ' of all the
improvements herein agreed to be performed, each of said roads not accepted as
improved shall be under the charge of Subdivider for the purpose of this Agreement.
SUBDIVIDER
BY:
STATE OF COLORADO
COUNTY OF EAGLE -
COUNTY OF EAGLE, STATE OF COLORADO
By and through its
BOARD OF COUNTY COMMISSIONERS
Chairman, Dale F. Grant
ss. -
The foregoing Subdivision Improvements Agreement was acknowledged
before me this U -,day of
by Stewart ..H.
BLown, as attorney-
14itness my hand and official seal.910
1-,1y commission expires :_—Q-Z-�--
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V1. 0 7,- T
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I Notary
Public
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EXHIBIT "A"
This is an exhibit to the Subdivision Improvements Agreement
dated September 24, 1980 between Allen T. Brown, subdivider,
and the Board of County Commissioners of Eagle County,
Colorado. ..
The public improvements which are the subject matter of
this agreement as shown in the final plat documents for
th-e subdivision are as follows:
1. A circular private roadway within the boundaries of
the subdivision and a short public roadway linking the sub-
division with the existing network of public roads to be
constructed at an estimated cost of $52,000.00
2.. A water distribution system to be linked to
existing district facilities to be constructed at an estimated
cost of $35,000.00
3. A sewer distribution system to be linked to existing
district facilities at an estimated cost of $20,000.00.
4. A swimming pool at an estimated cost of $26,387.
5. A tennis court at an estimated cost of $25,000.00.
6. Landscaping at an estimated cost of $20.,000.00.
To the amounts stated above there has been added 30%
in arriving at the proper collateral; said 30% anticipates
a three-year period to complete improvements and a rate of
inflation of 10% per year.
Book 3'5
Pag -0'8
ecorded at 9:OOA.M. January 2` ,81 Fee $4.00pd
212052 Recorder: Johnnette Phillips, Eagle County
FAIRWAYE GREENE
PUD GUIDE
DEFINITIONS:
Definitions set forth in the Fairwaye Greene
Declaration of Covenants and Restrictions
(hereinafter referred to as "the Covenants")
are the same as those contained in the Eagle
County Zoning Resolution in the following
cases
"Building"
"Building Height"
"Dwel ing':Ur�i.t"
"Dwelling,. two=family"
"Family"
"Floor area"
"Floor area, gross residential
Additional pertinant definitions are as follows:
"Building Footprint": an area within a.building
site the boundaries -of which are coterminus with
the exterior foundation walls of a building
erected, or designed to be erected, on a building
site.
"Building Interval": open space on the common
property unobstructed from the ground upward,
except as otherwise provided in these covenants
and restrictions, between the wall of a principal
building and nearest wall of any other principal
building.
"Building Site": eleven ar.ea.sof land located
by metes and bounds on t"ne plat for Fairwaye Greene
the boundaries of which limit and locate each
of eleven buidlings authorized to be built
thereon.
HOME
OWNERS'
ASSOCIATION
Every owner of a building site shall be required
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to be a member of the FAIRWAYE GREENE HOME OWNERS'
ASSOCIATION (Covenants, Article
The owner of each building site, by accepting a
deed thereto, agrees to pay assessments for main-
tenance of the common area (Covenants, Article III).
ARCHITECTURAL
CONTROL
No building of any type shall be constructed on
any building site, or on.any common property, without
the approval of the Eagle -Vail Committee or without
the approval of the Fairwaye Greene Committee,
Plan review shall be in accordance with standards
and criteria set forth in the Eagle -Vail Covenants,
Filing No 2, (Covenants, Article VI).
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LAND
USE Resubdivision. No building site shall be subdivided
into more than two (2) ownership interests, No
building site shall contain more than one two-
family dwelling. (Covenants, Article vii, Section 1).
Residential Usuage. No manufacturing or commercial
enterprise or enterprises of any kind shall be main-
tained on any of the properties of the PUD, nor shall
any of such properties be used for other than
strictly residential purposes. (Covenants, Article
VII, Section 2).
Floor Area Limitation. No building shall contain-r.;-ae
core than five thousand.(5,000) square :feet
of gross. residential floorr area. (Covenants,
r Article VIZ, Section 2).
Common Property usage. Common property shall be
reserved for use by all owners. No structures of
any kind shall be erected on any portion of the common
property without,the prior approval of the Eagle -
Vail and Fairwaye Greene Committees,
Si�n,s. No signs, billboards or advertising structures
of any kind shall be erected or maintain in the PUD
except such signs as have been approved by the Eagle -
Vail and Fairwaye Greene Committees as reasonably
necessary for the identification of residences.
Water and Sewer. Each structure designed for occu-
pancy or use by human beings shall connect with the
water and sewer facilities of the local sewer district.
Off-street parking. For each dwelling unit there
shall be no less than three (3) parking spaces,
each such space to be of an area of no less than one
hundred and eighty (180) square feet.
'Buildin Interval.. No building or any portion of
any"huilhall be located outside of the building
site boundaries without the written approval of the
Fairwaye Greene Committee. In no event. shall the
building interval be less thantwenty-five (25)feet.
Electric Service Drops. All power lines located in
the development, including all service drops, shall
be concealed from view by underground installations
along their entire lengths.
Building Height.
thirty-five (_35)
STATE OF COLORADO)
County of Eagle )
Subscribed and
1380, by Stewart H.
T. Brown
ss.
No building heirght shall exceed
feet.
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sworn to before me this 7744 day of
Brown as attorney -in- fact for Allen
My Commission expires: /0117119'rrA
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