HomeMy WebLinkAboutC84-013 Subdivision Improvements Agreement_WPI Partnership No. 2_Edwards Village and HOmestead Filing No. 379228�
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J®HNNETTE PHILLIPS
EAGLE GTY. RECORDER
SUBDIVISION IMPROVEMENTS AGREEMENT
OCT 1 9 25 AH 'H
THIS IS AN AGREEMENT, made and entered into this 20th
day of September, 1984, by and between WPI PARTNERSHIP NO. 2,
LTD., a Colorado limited Partnership (hereinafter the
"Subdivider") and the BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF EAGLE, STATE OF COLORADO (hereinafter the "County").
RECITALS
A. The County, on or about September 23, 1981,
approved the development of the Edwards Village Subdivision as
set forth and more particularly described on the final plat
recorded thereof on October 29, 1981, in Book 331 commencing at
Page 334 of the Eagle County, Colorado, real property records.
B. As a condition of final plat approval of the
Edwards Village Subdivision, the then Subdivider, Edwards
Village Partnership (hereinafter the "original Subdivider"), a
Colorado General Partnership, on or about September 30, 1981,
entered into a Subdivision Improvements Agreement with the
County for the purpose of guaranteeing the construction of those
certain public improvements associated with the development of
the Edwards Village Subdivision; said Subdivision Improvements
Agreement being set forth at length in Book 331 commencing at
Page 338 of the Eagle County, Colorado, real property records.
C. The original Subdivider's performance of the
aforementioned Subdivision Improvements Agreement was secured by
a certain Deed of Trust on Lot 3, Edwards Village Residential
according to the recorded plat thereof, executed by the original
Subdivider on or about April 13, 1982, for the benefit of the
County of Eagle, State of Colorado, by and through its County
Commissioners; said Deed of Trust being recorded in Book 340 at
Page 001 of the Eagle County, Colorado, real property records.
D. Subsequent to the execution of the aforementioned
documents, the Edwards Village Subdivision changed ownership to
the Subdivider herein.
E. The County, on or about September 12, 1984,
conditionally approved the final plat of The Homestead, Filing
No. 3, a replat of Lots 1 - 52 and Tracts C, E, G, I, L, M, N, P
and Q, Edwards Village (also known as Edwards Village
Residential), Eagle County, Colorado.
F. WPI Partnership No. 2, Ltd., the present Subdivider
of The Homestead, Filing No. 3, and the remaining property
contained within the Edwards Village Subdivision, has agreed to
enter into a new collateralized Subdivision Improvements
Agreement for the purpose of guaranteeing the construction of
those public improvements associated with the aforementioned
developments.
G. The County hereby approves the substitution of the
Subdivider, the execution of new collateralized Subdivision
Improvements Agreement, and the release of the Deed of Trust on
Lot 3, Edwards Village Residential, presently held by the
County, subject to the terms and conditions set forth
hereinbelow.
In consideration of the following mutual covenants and
agreements, the Subdivider and the County agree as follows:
1. Improvements. The Subdivider hereby agrees, at its
sole cost and expense, to furnish all equipment and material
necessary to perform and complete, on or before December 31,
1987 (date of completion), in a good workmanlike manner, all
public improvements, excepting therefrom the intersection road
improvements set forth in the paragraph next below, as shown in
the final plat documents for the Edwards Village Subdivision, as
amended by the final plat documents for The Homestead, Filing
No. 3, in accordance with all plans and specifications for the
aforementioned Subdivisions filed in the office of the County
Engineer and/or Department of Community Development, and to do
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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 of the Edwards Village
Subdivision, as amended by those final plat documents
submitted prior to or at the time of final plat approval for
The Homestead, Filing No. 3.
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, specifications,
sketches, and other matter submitted by the original and
present Subdividers to and approved by any of the
above -referenced governmental entities. All said work shall
be done in accordance with the plans and specifications
submitted by the Subdivider and approved by the Board of
County Commissioners. The work 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.
d. Subdivider agrees he will be testing and inspecting
the construction of the roads covered hereunder and will
provide to the County those reports necessary to assure the
County the testing has been completed satisfactorily.
Utility plans for electric, telephone, cable T.V., gas and
other shallow utilities shall be submitted to the County
within three (3) months of the date of this Agreement and
approved by the County within one (1) month from the date of
submittal. These plans will allow initial construction to be
done without County road cut permits. All requirements of
the Eagle County regulations for construction within the
public ways of Eagle County, Resolution No. 84-30, as
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amended, will be operative, however, from the date of
acceptance of the roads by the Board of County
Commissioners.
e. The Subdivider shall provide witnessing of water
and sewer laterals or stub -outs. Copies of these records
are required to be furnished to the Eagle County Engineer
prior to acceptance of the subdivision improvements by Eagle
County. Horizontal witnessing to be to property corners,
fire hydrants, manholes and other "permanent" features.
The Subdivider further agrees, at its sole cost and
expense, to furnish all equipment and material necessary to
perform and complete, in a good workmanlike manner, all road
and associated public improvements relating to the primary
access of the Edwards Village Subdivision with U.S. Highway
No. 6. All such road improvement work shall be done in
accordance with the terms and conditions of the State of
Colorado Department of Highways Access Permit issued
therefor, and all plans, drawings and specifications for
such road improvement work including, by way of example
only, the road improvement drawings and phasing plan, filed
in the office of the Eagle County Engineer, and to do all
work incidental thereto. The Subdivider shall perform and
complete the work herein described in accordance with the
phasing plan filed with the Eagle County Engineer, with
Phase Two being completed on or before December 31, 1989, or
the occurrence of 1930 ADT utilizing the subject access,
whichever occurs first (date of completion).
2. Cost - Collateral. The estimated cost of the
aforementioned work and improvements is the sum of six hundred
fifteen thousand sixty-five dollars ($615,U65.00), as evidenced
by the estimate of probable construction costs contained in
Exhibit A attached hereto and incorporated herein by this
reference.
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.
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To secure and guarantee performance of its obligations
as set forth herein, the Subdivider agrees to provide security
and collateral in the form of a promissory note in the amount of
six hundred fifteen thousand sixty-five dollars ($615,065.00)
secured by a First Deed of Trust evidencing a first lien on Lot
36, The Homestead, Filing No. 3, according to the recorded final
plat thereof.
3. Substitution of Collateral. The Subdivider may at
any time 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. Indemnity. 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 work
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 be 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, insofar as any such losses, claims, damages or
liabilities (or actions in respect thereof) that arise out of or
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,
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11�'fir'
damage, liability or action. This indemnity provision shall be
in addition to any other liability which the Subdivider may
have.
5. Enforcement. It is mutually agreed, pursuant to
the provisions of Section 30-28-137(3), C.R.S., that the County
or any purchaser 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, tract or tracts of
land or of any other provision of that statute. 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. Release of Collateral - Application. It is further
mutually agreed that, pursuant to the provisions of Section
30-28-137(2), C.R.S., as improvements are completed, the
Subdivider may apply to the County for a release of part or all
of the collateral. Upon inspection and approval, the County
shall release said collateral. If the County determines that
any of the 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 County determines that the Subdivider will
not construct any or all of the improvements in accordance with
all of the specifications, the County may withdraw and employ
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from the deposit of collateral such funds as may be necessary to
construct the improvements in accordance with the
specifications.
7. Warranties. The Subdivider warrants all work and
material for a period of one year after acceptance of the work
referred to in this Agreement by the County, which acceptance by
the County may be in phases. 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.
8. Approval of Plat. The County agrees to the
approval of the final plat of The Homestead, Filing No. 3,
subject to the terms and conditions of this Agreement. The
previous approval of the County in connection with the final
plat of the Edwards Village Subdivision, as amended by the final
plat of The Homestead, Filing No. 3, is also subject to the
terms and conditions of this Agreement.
9. Amendment. The parties hereto mutually agree that
this Agreement may be amended from time to time, provided that
such amendment is in writing and signed by all parties hereto.
10. Assumption. This Agreement shall be enforceable
against the Subdivider, provided, however, that in the event the
Subdivider sells or transfers all or part of the subject
Subdivisions, as shown in the final plats (prior to extensive
sales of individually platted tracts), the obligation of the
Subdivider under this Agreement as to that portion of 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 assumption,
following an investigation of the financial condition of the
purchaser.
MM
L,
11. Warning of Dangerous Conditions. 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 Subdivisions to the
completion and acceptance of said work or improvements by the
County, give good and adequate warning to the traveling public
of each and every dangerous condition existing in any of the
roads within the subject subdivisions, and will protect the
traveling public from such defective or dangerous conditions.
It is understood and agreed that, until completion 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.
12. Original Subdivision Improvements Agreement.
Without waiving any right that the County may have against the
original Subdivider of the Edwards Village Subdivision, the
County hereby approves the substitution of the original
Subdivider, Edwards Village Partnership, and the original
Subdivision Improvements Agreement dated September 30, 1981, for
that of the Subdivider herein and the instant Subdivision
Improvements Agreement. For this purpose, the original
Subdivision Improvements Agreement is hereby replaced by this
Subdivision Improvements Agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement the day and year first above written.
ATSESTf'
JI
By:
Ctleik of the Boar of
County Commissioners
COUNTY:
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By: / �
W. Keith Troxel, C a rman
[signatures continued on next page)
SUBDIVIDER:
WPI PARTNERSHIP NO. 2, LTD., a
Colorado limited partnership
By:
R obe�-&/
k Warne , r.
as President of Warner
Properties, Inc., General
Partner
STATE OF COLORADO
COUNTY OF EAGLE
fAThe foregoing instrument was acknowledged before me
this c7�7 day of September, 1984, by Robert Warner, Jr., as
President of Warner Properties, Inc., General Partner of WPI
Partnership No. 2, Ltd.
TNESS my hand and official seal.
Commission Expires:
Notary Pu
It
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RETURN TO: -�
SAGS E COUNTY ATTORNEY
a
EXHIBIT A
EDWARDS VILLAGE AND HOMESTEAD FILING NO. 3 - WORK TO BE COMPLETED:
1984
1987*
Roads
411,600
2719550
Intersections
98,000
529000
Bike Paths
563,000
Drainage
.......
40,000
1399600
419,550
Contingency 10%
559915
TOTAL
6159065
*This work may be completed as early as 1985.
Collateral:
Lot 36 44 units @ $20,000 each = $880,000
