HomeMy WebLinkAbout1.0 SIArder
SUBDIVISION IMPROVE TENTS A' REEX ::T
THIS AGREEMENT, made and entered into this 30Th
day of JIALy , 19 7Q , between
CHATMAS, THOMAS E. NEAL and JAMES A. R. JOHNSON
hereinafter jointly called the "Subdivider" and the Board
of County Commissioners of Garfield County hereinafter called
the "County".
WITNESSETH:
WHEREAS, the Subdivider, -as a condition of approval
of the final plat of Los Amigos Ranch Subdivision No. 1
wishes to enter intc 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 o„ tieg_' atio ns; and
WHEREAS, pursuant to the same authority, the Sub-
divider is obligated to provide security or collateral suf-
ficient in the judgment of the County -to make reasonable
provision for completion of certain public improvements set
forth on Exhibit "A" attached hereto and incorporated herein;
and
WHEREAS, the Subdivider wishes to provide collateral
to guarantee performance of this Agreement including construc-
tion of the above -referenced public improvemen-s, by means
of an irrevocable letter of credit and a plat restriction
by covenant affecting theF- _ roperty
NOW, THEREFORE, in consideration of the following
mutual covenants and agreements, the S;•bdivider and the
County agree as follows:
1. The subdivider agrees to construction and instal-
lation, at its sole expense, of all those public
r
improvements as set forth on Exhibit "A" attached
hereto.
2. The Subdivider agrees that all of those certain
.public improvements to be completed as identified
on Exhibit "A" shall be constructed on or before
sixteen months after the date hereof,
in compliance with the following:
a. All final plat and other subdivision documents
submitted and approved by the County prior to
or at the time of final plat approval.
b. All laws of the United States, State of
Colorado, Garfield County, and its various
agencies, affected special districts, and/
or servicing authorities.
c. Such other designs, drawings, maps, speci-
fications, sketches and other matter submitted
to and approved by any of the above -stated
governmental entities.
3. To secure and guarantee performance of its obli-
gations as set forth herein, the Subdivider
agrees to provide security and collateral in the
form of:
a) an irrevocable letter of credit from
Centrum Bank of Dc nver. Deni' - ('r>lnraan
in the amount of $227,000.00
b) a plat restrict on by covenant affecting the
property reads as follows:
No building shall be occupied nor shall any
of the lots within the Subdivision be sold
or conveyed to any party or parties until
such time as the Board of County Commissioners
of the County of Garfield are satisfied that
the public improvements required to be furn-
ished and installed by Declarant (pursuant to
Agreement dated 3{.July 1979 between
Declarant and the Board of County Commissioners
of the County of Garfield) have been properly
installed. The approval of said Board of
County Commissioners shall be evidenced by
the written approval of the Building Official
of Garfield County. Geon the recording cf
such written approval in the records of the
Office of the Clerk and Recorder of Garfield
County, the occupancy and sale restrictions
above set forth shall become null and void
and of no further force or effect.
4. It is mutually agreed pursuant to the provisions
of Section 30-28-137(3) C.R.S. 1973, as amended,
BOIA 532
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 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 pro-
visions of any such restrictions set forth on
the plat or in any separate recorded instiument,
but any such action shall be commenced prior to
the issuance of a building permit by the County
where so required or otherwise prior to commence-
ment of construction on any such lot, lots, tract
or tracts of land<
5. It is further mutually agreed that pursuant to
the provision of Section 30-28-137(2) C.R.S.
1973, as amended, that as improvements are com-
pleted, the Subdivider may apply to the County
for a release of part or all of the collateral
deposited with said Board. Upon inspection and
approval, the County may release said collateral.
If the County determines that any of such
Improvements are not constructed in substantial
compliance with specification it shall furnish
the Subdivider a list of specific deficiencies
and shall be entitled to withhold collateral
sufficient to ensure such substantial compliance.
-3-
332 1-2
If the County determines that the Subdivider
will n)t construct any or all of the improve-
ments in accordance with all of the specifica-
tions, the County may withdraw and employ from
the deposit of collateral such funds as may be
necessary to construct me improvement in
accordance with the specifications.
6. The Subdivider agrees to provide the County
with a title insurance commitment at time of
final platting evidencing that fee simple title
of all lands in the subdivision is vested
totally with the Subdivider free of any and all
lien and encumbrances.
7. The County agrees to approval of the final plat
of Los Amigos Ranch Subdivision No. 1 subject
to the terms and conditions of this Agreement.
8. Parties hereto mutually agree that this Agree-
ment may be amended from time to time provided
that such amendment be in writing and signed
by all parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seals the day and year first written above.
A.
ATTEST,:
1,1
Cl
kuaZx fieddCount ' C1
ft, J04AvsuV
COUNTY OF GARFIELD
STATE OF COLORADO
BY /•cam �- <<'
Chairman
Board of County Commissioners
Robert W. Chatmas
4-7
Thomas E. Neal
-)
v/6i.LY1t ,/1\ ..k"i(AI.!'!JY� : li/(s-v /, 1 • L/4�n`)1_
domes A. R. Johnson
-4-
ai K 532 Pac�1'i 3
STATE OF COLORADO ) ss.
COUNTY OF GARFIELD )
The foregoing Subdivision Improvements Agreement
was acknowledged before me this _-74;; day of -,_.„,,!,,,,,/ ,
192L, by Flaven J. Cerise, Chairman, Board oicou`hty r
Commissioners.
Witness my hand and official seal.
My commission expires:
Notay,Public
STATE OF
. COUNTY OF
ss.
4',/;01
The foregoing Subdivision Improvements Agreement
was acknowledged before me this day of
19,, by Robert W. Chatmas
Witness my hand and official seal.
My commission expires: ')9
(7 Notary ublic
STATE OF
COUNTY OF
ss.
The foregoing Subdivision Improvements Agreement
was acknowledged before me this day of_ 15)
rri �__ N i �'UIiCf i W Cir) wrr{/ .040..A3
19, by / ;
Witness my hand and official seal.
My commission expires: a".: -5 -
STATE
--.5-
STATE OF
COUNTY OF
ss.
•
Notary ublic
The foregoing Subdivision Improvements Agreement
;7
vas acknowledged before me this day of
192k, by James A. R. Johnson +X6?"-( w Cd w,H(y 13 -it, JOunsu�i
Witness my hand and official.seal.
My commission expires:
-5
/ Notary public"•.,
11 ' ip.,.
L "
\-120o•