HomeMy WebLinkAboutC81-045 Brett Ranch_SIABook 321 217405
• A Pa& 37' Recorded -*_ :00 A.M. April 2, 1981 Fee $14.00pd
Recordez\,,,jh9%,tette Phillips EagLq Bounty
SUBDIVISION IMPROVEMENTS AGREEMENT
S AGREEMENT made and entered into this 25th day Y of
March, 1981, by and between BRETT RANCH PROPERTIES, a Colorado
general partnership, hereinafter called the Subdivider, and
the Board of County Comissioners of Eagle County, hereinafter
called the County.
WITNESSETH:
WHEREAS, the Subdivider as a condition of approval of
the final plat of Brett Ranch 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 improve-
ments 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 a
promissory note secured by a first deed of trust on real
property located in the County of Eagle, State of Colorado.
NOW THEREFORE, in consideration of the following mutual
0 covenants and agreements, the Subdivider and the County agree
as follows:
1. The Subdivider hereby agrees, at its sole
cost and espense, to furnish all equipment and material
necessary to perform and complete, within 18 months from the
date of recordation of the above -referenced subdivision
final plat, in a good and workmanlike manner, all public
improvements as shown in the final plat documents for the
subject subdivision in accordance with all plans and speci-
fications for the subject subdivision filed in the office of
e the County Engineer and/or Department of Community 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
districts.
C. Such other designs, drawings, maps, specifi-
cations, 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.
2. The estimated cost of said work and improve-
ments is the sum of $138,000.00.
3. To secure and guarantee performance of its
obligations as set forth herein, the Subdivider agrees to
provide security and collateral in the following form, as
approved herein by the County: a promissory note in the
r,solo,
amount of $138,000.00 secured by a first deed of trust on
Lot 1 of the subject subdivision.
4. The Subdivider may at any time substitute the
collateral originally deposited with the County herein for
another form of collateral reasonably 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.
5. The County shall not, nor shall any officer
,*Moo, or employee thereof; be liable or responsible for any accident,
loss or damage happening or occuring to the works specified
-2-
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
'N' 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 harm-
less the County, and any of its officers, agents, and
employee 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 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.
This indemnity provision shall be in addition to any other
liability which the Subdivider may have.
6. It is mutually agreed, pursuant to the pro-
visions 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 subject to a plat restric-
tion which is the security portion of a subdivision improve-
ments agreement shall have the authority to bring an action
4%WO/ in any district court to compel the enforcement of any
*no"
subdivision improvements agreement on the sale, conveyance
or transfer of any such lot, lots, tract or tracts or 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.
-3-
7, 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
withhhold 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
,%"OF, 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 specifi-
cations.
8. The Subdivider warrants all work and material
for a period of one year after acceptance of all work referred
to in this Agreement by the County. Further, the County
shall have a right to require security or collateral be
provided by Subdivider to remain, as determined by the
County, sufficient to cover any and all claims under this
warranty.
9. The County agrees to approval of the final
plat of Brett Ranch Subdivision, subject to the terms and
conditions of this Agreement.
10. Parties hereto mutually agree that this
Agreement may be amended from time to time, provided that
such amendments by in writing and signed by all parties
hereto.
11. This Agreement shall be enforceable against
the Subdivider provided, however, that in the event the Sub-
� divider sells or transfers all or part of the subject
-4-
subdivision, as shown in the final plat (prior to extensive
sales of individually platted tracts), the obligations of
the Subdivider under this Agreement as to that portion of
N%001 the subject subdivision may be assumed by the purchaser of
the parcel, and Subdivider shall have no further obligations
hereunder. It is agreed, however, that no such assumption
of these obligations shall be effective unless the Board of
County Commissioners gives its prior approval to such assump-
tion, following an investigation of the financial condition
of the purchaser.
12. 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
\%00� 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 comple-
tion 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.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the date first above written.
S%00, COUNTY OF EAGLE, STATE OF COLORADO
By and through its
ATTEST: BOARD OF/)COUNTY COMMISSIO ERS
BY: c
Dale F. Grant, Chairman
Clerk of the Board o
County Comissioners
SUBDIVIDER:
BRETT RANCH PROPERTIE a
Co r a d geZer1g tner ip
BY •
om T, isa a, General Partner
D I H. PO R neral artner
BY:
om . HisatAttorney n act
for Daniel H. Power
-5-
1QMF1
\�
STATE OF COLORADO
) ss.
COUNTY OF EAGLE
The foregoing Subdivision Improvements Agreement was
acknowledged before me this _jf?+k day of M"ch -) 1981
by Tom T. Hisata individually -and as Attorney In Fact for
Daniel H. Power, as the general partners of Brett Ranch
Properties, a Colorado general partnership.
Witness my hand and official seal.
My commission expires:
Notary Public
.,I.. b
! M9
EXHIBIT A
PUBLIC IMPROVEMENTS
FOR ROAD AND RE -VEGETATION
AND RESTORATION OF AFFECTED TERRAIN
Said improvements shall include excavation, embarkments,
paved surfacing, drainage work and construction and installa-
tion of culverts; and restoration and re -vegetation of terrain
disturbed by said improvements. All of the above as more
specifically set forth on the final plat for Brett Ranch
Subdivision, and those public improvement maps, plans, and
specifications for said subdivision as filed and approved
in the office of the County Clerk and Recorder, and/or County
Engineer and/or the Department of Planning and Development,
respectively, of the County of Eagle, State of Colorado, all
of said filed and approved documents incorporated herein by
this reference.
J,
F