HomeMy WebLinkAboutC87-197 SIA for Grindlay SubdivisionL,� v C87-197-28 3 7 :O�INMETTE PHILLIPS L 1111Gd CTY. i ECOF OE SUBDIVISION IMPROVEMENTS AGREEMENT pp GRINDLAY SUBDIVISION 0:.0 31 03 AM THIS AGREEMENT, made and entered into this ✓e day of November, 1987, by and between Lorna G. Moore, f/k/a Lorna A. Grindlay, Jonathan E. Grindlay, and Sara E. Grindlay, herein- after collectively referred to as the "Subdivider", and the Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as the "County". WITNESSETH: WHEREAS, the Subdivider, as a condition of approval of the final plat of the Grindlay Subdivision, hereinafter referred to as the "Subdivision," wishes to enter into a subdivision improvements agreement as provided for by Section 30-28-137, C.R.S.; 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 by this reference. NOW, THEREFORE, in consideration of the premises and the covenants and agreements herein contained to be kept and performed by the parties hereto, it is hereby understood and agreed as follows: 1. Subdivision Improvements. 1.1 The Subdivider hereby agrees, at its sole cost and expense, to furnish all equipment and material necessary to perform and complete prior to November 10, 1988, all public improvements as set forth in Exhibit A attached hereto and by this reference made a part hereof, in accordance with all final plat documents, construction drawings, designs, maps, specifications, sketches, and other materials submitted by the Subdivider prior to or at final plat approval and accepted by the County, and in accordance with all laws of the United States of America, State of Colorado, County of Eagle and its respective agencies and affected governmental entities. All said work shall be done to the reasonable satisfaction of the County Engineer and/or the County Department of Community Development, respectively, and shall not be deemed complete until approved and accepted as completed by the Board of County Commissioners. 1.2 To secure and guarantee performance of its obligations as set forth in this Section 1 and as more fully described on Exhibit A, the Subdivider hereby agrees to include on its final subdivision plat, a statement that no building permits shall be issued until the requirements of this Agreement have been fully complied with. Such statement shall be in substantially the form set forth in Exhibit B attached hereto and incorporated herein by this reference. 2. General Provisions. The following shall apply to the subdivision improvements set forth in this Agreement, unless otherwise designated: 2.1 The 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 subdivision improvements 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 or damaged by reason of the nature of said work on the subdivision improvements, 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 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 the County for any and all legal and other expenses incurred by the 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. 2.2 There shall be a two-year correction period, or such longer period as may be prescribed by law, from the time of completion of the subdivision (such time -2- being determined by formal hearing and action by the Board of County Commissioners) during which time the 2.4 The 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. 2.5 This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 2.6 It is further agreed and understood that at all times prior to the completion and acceptance of the subdivision improvements set forth herein by the County, each of said improvements not accepted as improved shall be under the sole responsibility and charge of the Subdivider. When it is necessary to allow the general public to utilize the roadways under construction by the Subdivider, warning, traffic control and control or warning devices shall be placed upon such roadways by the Subdivider in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S. Department of Transportation, Federal Highway Administration. -3- Subdivider shall promptly correct or remove and replace, in accordance with the County's written instructions, defective work or materials and consequences thereof. Repair or replacement made under the two-year correction period shall bear an additional one-year correction period from the acceptance of the repair or the replacement by the Eagle County Engineer. The work shall be collater- alized during the correction period in an amount and type of collateral as shall be reasonably determined by the County. The work shall be inspected, at the request of the Subdivider, approximately 60 days prior to expiration of the two-year correction period and any deficiencies shall be noted to the CO Subdivider. 2.3 The County agrees to the approval of the final plat of the Subdivision, subject to the terms and conditions of this Agreement. 2.4 The 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. 2.5 This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 2.6 It is further agreed and understood that at all times prior to the completion and acceptance of the subdivision improvements set forth herein by the County, each of said improvements not accepted as improved shall be under the sole responsibility and charge of the Subdivider. When it is necessary to allow the general public to utilize the roadways under construction by the Subdivider, warning, traffic control and control or warning devices shall be placed upon such roadways by the Subdivider in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S. Department of Transportation, Federal Highway Administration. -3- l IN WITNESS WHEREOF, the parties hereto have executed this Agreement this .3 day of November, 1987. ATTEST: By BY C erk of the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS SUBDIVIDER: Lorna q. Poore, f/k/a Lorna A. Grin4jUy Jonathan Grindlay, by his attorne -in-fact, Lorna G. Moor. William A Moore deli et Sara E. Gri dlay, by her attorn W in -fact, Lorna G. Moore or William A. Moore -4- STATE OF ) SS County of The foregoing was acknowledged before me this I day of 04-cF® 1987, by Lorna G. Moore, f/k/a Lorna A. Grindlay. WITNESS MY HAND AND OFFICIAL SEAL. Nly Commbslon expim Odober 13,1190 -4 My commission expires a u otary P is `� pr 1 y , STATE OF SS LOA County o he foregoing was acknowledged before me this day of 1987, by jam , ;kj as attorney-in-fact for Jonathan E. rindlay. WITNESS MY HAND AND OF`FICIAL SEAL. Commission expires October 13, 1930 My commission expires y Notary P lie)� > f STATE OF S 1 County The foregoing was acknowledged before me this day of � 1987, by �� Ccs, L�r�as attorne n fact a for Sara E. Grindlay. WITNESS MY HAND ANDI�('�"FFICIAL SEAL. My commission expire. �� CemmiSsion expires October 13,1916 ,f Notary P b�4c -5- 1, A16 0a i• 1W I To That Certain Subdivision Improvements Agreement Between The County of Eagle, State of Colorado And Lorna G. Moore, Sara E. Grindlay and Jonathan E. Grindlay Driveway Improvements: -- Subdivider shall improve the existing driveway as within the platted easement ("Sunrise Lane") depicted on the final plat of the Grindlay Subdivision recorded at Book , Page , real property records of the Eagle County Clerk and Recorder, to a length of approximately 850 feet, with a paving of 1-1/2 inch gravel road base at a minimum of two inches thick and eleven feet wide; Subdivider shall perform appropriate earthwork, grading and tree removal to maintain the driveway within the Sunrise Lane easement. All work is to be inspected and approved by the Eagle County Engineer. 0 A• To That Certain Subdivision Improvements Agreement Between The County of Eagle, State of Colorado And Lorna G. Moore, Sara E. Grindlay and Jonathan E. Grindlay No building permits shall be issued until the requ rements of the subdivision improvements agreement of ltd 1987 have been complied with. 19 4�0 I, Sara E. &indlay , hereby authorize Lorna G. Moore or William A. Moore to act on my behalf in all matters related to the rezoning, platting (including signing the final plat) and selling (including listing, accepting, rejecting or negoti- ating offers and closing on a sale) of certain real property in which I own an interest. Such property is located in Eagle County, Colorado, in the SW1/4SE1/4 of Section 28, T7S, R87W of the Sixth Principal Meridian. Signed this 7 R J ^i w State of Oregon County of 14U1.tncmeh day of Amt , 1987. C The foregoing instrument was acknowledged before me this / day of -4 g , 1987. My commission expires 7-17-91 Witness my hand and official seal. Judy R. Notary Publ My Cmwis!On Exert€: I► ©�' �'"` , hereby authorize Lorna G. Moore or William A. Moore to act on my behalf in all matters related to the rezoning, platting (including signing the final plat) and selling (including listing, accepting, rejecting or negoti- ating offers and closing on a sale) of certain real property in which I own an interest. Such property is located in Eagle County, Colorado, in the SW1/4SE1/4 of Section 28, T7S, R87W of the Sixth Principal Meridian. Signed this U day of State of / OLSSa_c.% ciset(S County of AI id le SCX 1987. w The foregoing instrument was acknowledged before me this day of ,Qu..� , 1987. My commission expires Witness my hand and official seal. Y w . a - Nota y Public '_