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HomeMy WebLinkAbout3.0 SIASUBDIVTSTON IMF'ROVAi"{ENTS AGI{EEMENT E]YEEETI!_ R4ryqxIIIIl. /tr t iThis agreement, madc this g7 day of W__, 1978, by ancl. between the County of Garfiekl, Colorado, acting by and through its Roard of County Commj-ssioners (herej-naf ter "County"), and llamj-1ton P.. Duncan, Jr. (hereinaft.er "subdivider") WITNESSET}i: I,ITiEREAS, SubCivider is the owner of certain real property (hereinafter "premises"), located in Garfield County, Colorado, described as foll-ows, to-r^rit: See Exhibit rrA' attached hereto and incorporated by reference herein; and WHEREAS, Subdivider has constructed three residences on tlie premises and nor,; wishes to subdivide the prenrises into three (3) lots of approximately two (2) acres apiece in sj-ze; an,j WHEREAS, Subdiv.ioer has previously obtained preliminary plat approval frorn the County subject to ceri.ain :ontingenci-es, and. now wishes to obtain final prat approval and satisfy such contingencies; and WHEREAS, pursuant to the Garfield County Subdivision Regulations, Subdivider must enter into a Subdivis-i-on Improve- ments Agreement with the county as a cond.ition for finar plat approval; and WHEREAS, the parties hereto wish to enter into -such an Agreement pursuant to said Regulations; NOt{, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Required rmprovements.Two public improvement cont.ingencies for final approval were made part of the pre- liminary plat approvalr ds follows: improvements. If the County: ir good faith, detennines that Subclivider vrill not or cannot- construct any or all of the im- provements.in accordance with the terms of this Agreement, and all of the specifications, the County may apply any of the said funds remaining upon deposit as may be necessary to construci or complete the improvements in accordance with the terms of this Agreement and/or specifications. Any interest earned by the collateral shal1 be the property of Subdivj-oer, shal1 remain in escrorv, and sha1l be released, together with the col1ateraI, in accordance with the provisions hereof 5. Remedies. Either party hereto shall have all remedies available at 1aw or in equity in the event of the other party's breach. Such remedies shall include the 5-ight to specific per- forrrrance , if appropriate. 6. Entire Agreement. Thid Agreement sets forth the entire agreement between the parties hereto. No change in, a.ddition to, or waiver of any of the provisions hereto shall be binding unless in writing signed by each partlz or an authorizeC repre- sentative of such party. Any attempted oral- mutual rescission of this Agreement shall be nulI and void and of no force and effect. 7. Applicable Law. This Agreement sha1I be construed in accordance witl: the l-aw of the State of Colorado. 8. Binding Effect. A11 provisions of this Agreement sha1l be binding upon and inure to the benefit of the respective heirs, administrators, executors, personal representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ,' THE BOARD OF COUITTY COMMISSIONERS OF GARPIELD COUNTY, COLOR.ADO Ha.nrilton -3- Duncan, Jf.