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SUBDIVISION IMPROVtrI\IENTS AGIIEIIMENIT
THIS AGREEMEI{T, made and entered into this J,/rdt clay of
I'Joveniber , 197 9 , between Cunningham Construction ancl
Development Co., hereinafter cafled the "subdivider', and the
Iloard of Cr:unty Cornmi.ssioners of Garfield County, hereinafter
calLed the "County."
W].TNESSETH:
WIIEI?.EAS, the Subdirziderr ds a condition of approval of
tire f inal plat of Riverbend Subdivision l'iling l.to. 2 has
heretofore entered into Subdivision Improvements Agreements
as provided for Section 30-28-137, C.R.S. 1973r ds amended,
and Section 3.10.01 of the Garfield County Subdivision
Regulation, whiclr Agreements have expired without being
satisfied; and
WHEREAS, the Subdivider and the Cournty desire to enter
j nt"o a SingJ.e SubC iv ide r's Improvernents A-greement encom-
t
passing aLL obligations of the Subdivider contarned in the
earl-ier Agreements no'c yet satisfied;
WHEREAS, pursuant to the same authority, tne Subdivider
is obLigated to provide security or collateral sufficient in
the judgment of the Board of County Commissioners to rnake
provision for completion of certain public improvements set
forth on Exhibits rrAt' anrl rtB, attached ttereto and incorpo-
rated herein, which security is to be provided by means of
two promissory notes with first deeds of trust; and
WHEREAS, the parties desire that satisfaction of the
terms of this Agreement sha1I evidence satisfaction of the
provisions of those certaj.n Subdivision Improvements Agree-
ments entered into by and between the parties on or about the
Igth day of September, 1977, and recordecl in Book 501 at Page
872, and in Book 501 at Page B7B.
800x 53t) pr0i9'75
NOW, TIIEREFOIIE, in col)sideration of the follorving mutual
covenants and agreements, the Subdivider and the County agree
as follows
1. The subdivi<-ler agrees to the construcl-ion and
installation, at his sole expense, of ar.r those pubric
improvements as set forth in Exhibit rrA, and,8, attached
hereto.
2. The subdivider agrees that all of those certain
public improvements to be cornpleted as identified on Exhibit
rrA, sha-l1 be constructed by september 1, 1980, in cornpl iance
with the following:
(a) A11 final plat and other documents subrnittedprior to and approved by the County at thetime of final plat approval.
(b) A11 laws of ttre United States, State of
Col-orado, Garfield County, and its variousagencies, af f ected spec'ial districts , and/orservicing authorities.
(c) Such other dcsigns, dravrings, maps,specifications, sketches, anC other matterssubmitted to and approved by any of theabove-stated governmentai entities.
3. The Subdivider agrees that a1I of those certain
public improvements to be completeci as identified on Exhibit
"8, shal1 be constructed by september r., r981, in compliance
with the following:
(a) A11 final plat and other documents submittedprior to and approved by the County at thetime of final plat approval.
(b) A11 laws of the United States, State ofColorado, Garfield County, and its variousagencies, affected special districts, and/orservicing authorities.
( c ) Such other des igns , dra.wings , maps ,specifications, sketches, and other matter
subm j tted to and approved by any of l-heabove-stated governmental entities.
4. To secure and guarantee performance of its obliga-
tions as set forth herein, the subdivider agrees .to provide
security and collateral in the form of:
-2-
Burrr ItI]9 pAct9'76
Prornissory notes in the aluoultt of $ 10, 0 50. 0 0for: the irnprovements set for:t.h on fxniUit,,A1,and $42,161.00 for the irnprovernents set forLhon Exhibit rrilt' together: with first cleeds oftrust on lands described as follows:
$10,05 0.0 0 r.r-ote: Lot g , B1ock 2$42,161.00 Note: Lots 4,5, 6, Block 3Amended Riverbend Subclivision Filing No. 2.
upon recordation of the aforesaid first deeds of trust, any
arrd arl restrictions on the sare or use of the lots in
Amended Riverbend subdivision, Filing No. 2t which may have
been imposed by the documents recorded on october 20, 1977,
in the records of Garfield county, colorado, in Book 501 at
Page g?z as Reception No. 28l33r and in Book 501 at page B7B
as Reception No. 281332 shal} be rescindecl and of no further
force and effect.
5. rt is further mutually agreecl that pursuant to the
provision of section 30-28-137(2) c.R.s. r973r €rs'amended,
that as improvements are compleled, the subdivider may apply
to the Board of Countv Comrnissioners for a t'elease of part or
a1r of ttre col-iateral- de1:osited with said Board. upon
inspection and approval, the Board sha1l rel-ease said col]at-
era1. rf the Board determines that any of such. improvements
are not constructed in substantial_ compliance with specifica-
tions, it shall furnish the subdivider a list of specific
deficiencies and sharr be entitred to withhord collateral
sufficient to insure such substantiar compliance. rf the
Board of County Commissioners determines that the Subdivider
will noL construct any or alr of the improvements in accor-
dance with all of the specifications, the Board of county
commissioners may withdraw and employ from the deposit of
collateral such funcis as may be necessary to construct the
iinprovement in accordance with the specifications.
6. It is f urt-her 'mutuaIly agreed that upon the
conrpletion of the improvements set forth on Exhibit ,tA,, in
-3-
ooox 5[i9 pNEgZ,z
substantiar cornpriance with specifications that the
subdivider shall be entitled Lo a rerease of collateral for
said improvernents. upon the completion of the improvements
set forth on llxhibit'Bx in substantial compriance with
specifications the Subdivider sha}l be entitled to a release
of colLateral for said improvements.
7. The subdivider agrees to provide the county wittr a
title insurance conunitmenL at time of finar platting evidenc-
ing that fee simpre title of all l-ands in the subdivision is
vested totally in the subdivider free of any and alr rien and
I
encumbrances other than those whose holders are signatories
of the final plat.
B. Upon satisfaction of the terms of this Agreement,
the county Buitding official sharr issue a certifj.cate
evidencing compliance with the terms of this Agreement as
well as those earlier Agreements described above.
9; The county agrees to the approval 3r the final plat
of Amended Riverbend subdivision Filing No. 2 subject to the
terms and conditions of this Agreement.
10. Parties hereto mutuarry agree that this Agreement
may be amended from time to time provided that such amendment
be in writing and signed by all parties hereto.
rN wrTNEss WHEREOF, the parties have hereunto set their
hands and seals the day and year first written above.
STATE OF COLORADO, COUNTY OF
alrman,nty
Commiss ione
County
of Garfield
ATTEST:
B00it 539 pr0E97B
.STATE OF
COUNTY OF
Sec re tary
coLoRADO )) ss.
GARTTELD )
ir," foregoing subdivision rmprovements Agreement.wasacknowledged before me this )GlL day of November, lg7g, byFlaven J. cerise, chairman, Board of county comrnissioners orGarfield County, Colorado.
!{itness my hand and off iciaL
My commission expires! :
Fes llrrSa \
My cornmission expires:
{-lrs tl t!B I
I
Publ ic
STATE OE COLORADO )) ss.
couNTY OF GARFIELD )
The foregoing subdivision rmprovements Agreement wasacknowledged before me this zvt\ day of November I Lg7g, by
WM. JAMES CU}iNTNGHAM as Presiderrt and RoBERT MEER aSAssistant secretary of cuNlJII'tGHAI,,1 CoNSTRUCTION & DEVELOPMENTCO., a Colorado corporation.
Witness my hand and official iea1.
Notary
it,' j'''--/
SUBDIVIDER:
CUNNINGI]AM
DBVELOPMENT
CONSTRUCTION &
000i( .539 rl6fg'Zg
N,/A
N/A
N,/A
N/A
$ 3,050
N/A
N,/A
N/A
N,/A
N/A
N,/A
Item
Roads:
Rough Grading
Subbase Course
Base iourseFinish GradingAsphalt Chip &
Surfac ing
Sewer:
Main Lines
Manholes
Laterals and Connections
Wate r:
Ma in1 ines
HydrantsLaterals and Connections
Miscellaneous:
Rel-ocate Blectrical HiqhIbnsion Line
Eng ineering
TOTAL:
EXHIBIT I'AI'
Subdivision public fmprovements
Arnended Riverbend Subdivision filingBlock 1: Lots I t-hrough 6Block 2: Lots 9 ilrrough 13
Uni ts Cost
Complete
Compl e te. Complete
Compl e teSeal 1000LF
#2
Complete
Complete
Complete
Complete
Complete
Complete
N/A
Complete
$ 7,ooo
-0-
$10ro5o
EXII].13IT rrltrr
Subdivision public fmprovements
Amended Riverbend Subdivision FilingBlock 2z Lots I through BBlock 3: Lots 1 through IO
Units Cost
Brrott 539 pAcEg[JO
$2,000
3,724
3, r50
2,000
5r 197
#2
Item
Roads:
Rough Grading
Subbase Course
Base CourseFinish GradingAsphalt Chip & SeaI
Surfac ing
l-
Sewe r:
Main Lines
I,lanholes
Laterals and Connections
Wate r:
Mainl ines
Hydrants
Laterals and Connections
Miscelianeous:
En g inee r ing/Cont irrgency
TOTAL:
1596 r,F
800 Ton
760 Ton
1596 LF',
1595 LF
1300 LF
7
400 LF'
Complete
Complete
4OO LF
N/A
$13r ooo
4r900
. 1r500
N/A
N,/A
1r600
5,000
$4 2,161