HomeMy WebLinkAbout3.0 Subdivision Improvements AgreementSUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made and effective this day of
May, 1981, between Battlement Mesa, Inc. ("Subdivider") as
operator of the Battlement Mesa Planned Unit Development south
of Parachute, Garfield County, Colorado, a joint operation of
Battlement Mesa, Inc. and Tosco Corporation ("Owners") and the
Board of County Commissioners of Garfield County, Colorado
("County").
W I.T N E S S E T H:
Subdivider is developing, for and on behalf of Owners, an
area known as Battlement Mesa, south of Parachute, Colorado, in
Garfield County for residential and other purposes. A final plat
of the second phase of this development, known as Tamarisk Mobile
Home Park and Subdivision Filing #2 ("Mobile Home Park"), has
been submitted to the County for approval. As a condition of
approval of such final plat, Subdivider wishes to enter into a
Subdivision Improvements Agreement as provided for by Section
30-28-137, C.R.S. 1973, as amended, and Section 3.10.01 of the
Garfield County Subdivision Regulations.
Therefore, in consideration of the covenants, agreements,
and actions set forth herein, Subdivider and County agree as
follows:
1.
Subdivider agrees to construct and install, at its sole
expense, all those public improvements set forth in
Exhibit "A", entitled (1) Contract Documents and Tech-
nical Specifications - Arterial and Collector Streets,
(2) Contract Documents and Technical Specifications
- Mobile Home Park and Subdivision, and (3) Tamarisk
Subdivision Filing No. 2 - Construction Drawings, attached
hereto and made a part hereof.
2. Subdivider agrees that all of those public improvements
identified in Exhibit "A" shall be constructed and com-
pleted on or before October 1, 1981, in a manner which
complies with the following:
(a) All final plat and other subdivision documents
submitted to and approved by the County prior to or
at the time of final plat approval;
(b) All applicable laws and regulations of Federal,
State or local governmental authority having
jurisdiction over the Mobile Home Park development.
3. For the purse of the County Sheriff, Subdivider has
previously agreed to furnish the County: (1) A minimum
of one thousand (1,000) square feet of office space in
a building constructed to house fire equipment and an
ambulance. Interim office space will be furnished County
free of any costs at a location acceptable to the County
until permanent quarters are constructed. Such space
shall be furnished through December 31, 1986. (2) Contribute
to the County the sum of Ninety-one Thousand Five Hundred
Twenty-nine Dollars and Eighty-seven Cents ($91,529.87)
for the purpose of the County's purchasing the items.
described in that letter dated January 12, 1981. (3) Provide
the County funds for salaries and benefits of law enforcement
officers to patrol the western part of Garfield County.
(4) In the event of reasonable cost of the foregoing exceeds
the amounts estimated in Exhibit "B", Subdivider will con-
tribute to County an amount equivalent to such excess costs,
but not to exceed an additional Twelve Thousand Dollars
($12,000).
4. Subdivider agrees that no lots within Mobile Home Park shall
be sold until such time as Subdivider has submitted to and
obtained final plat approval from the County of a revised
plan for the use of said lands or a portion thereof other
than as a Mobile Home Park. Notwithstanding the foregoing,
Subdivider may sell or otherwise transfer lots identified
on the final plat for Mobile Home Park as follows:
* School site (to be donated)
* Church site (one)
*. Commercial site (one)
At such time as the County is reasonably satisfied that
sufficient public improvements identified in Exhibit "A"
have been properly constructed and installed. The approval
of the County shall be evidenced by the written approval
of the official designated by the County. Subdivider's
agreement, as stated herein, shall be evidenced by a plat
restriction shown on the final plat and reading as follows:
No lots within the Subdivision, except the school site,
the church site, and the commercial site, shall be
sold until such time as the Board of County Commissioners
has approved a revised final plat indicating use of
Subdivision or a portion thereof as other than a
mobile home park. Said school site, church site and
commercial site may be sold only after the Board of
County Commissioners has given approval that public
improvements required to be installed by Subdivider
have been properly installed. Such approval shall
be evidenced by the written approval of the County
official so designated by the Board of County
Commissioners.
• •
5. Subdivider agrees to provide County with a title
insurance commitment at the time of final platting,
evidencing that fee -simple title of the lands in
Mobile Home Park is vested with Subdivider and Tosco
Corporation.
6. County agrees to approval of the final plat of Mobile
Home Park subject to the terms and conditions of this
Agreement.
7. Parties hereto agree that this Agreement may be amended
from time to time, provided that such amendment be in
writing and signed by all parties hereto.
8. This Agreement is made in conformity with and pursuant
to Colorado law, and Subdivider and County affirmatively
declare that each has full authority to enter into this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement,
effective as of the day and year first above written.
ATTEST:
Garfield County Clerk
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
By:
Chairman
BATTLEMENT MESA, INC.
Bv:
President