HomeMy WebLinkAbout20131886.tiffRESOLUTION
RE: APPROVE CAPITAL CONTRIBUTION FRONT END AGREEMENT FOR COUNTY
ROADS 44 AND 33 AND AUTHORIZE CHAIR TO SIGN - BIG THOMPSON
INVESTMENT HOLDINGS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Capital Contribution Front End
Agreement for County Roads 44 and 33 between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Planning Services, and Big Thompson Investment Holdings, LLC, commencing upon full
execution of signatures, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Capital Contribution Front End Agreement for County Roads 44
and 33 between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Planning Services, and Big
Thompson Investment Holdings, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of July, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COLd Y, COLORADO
ATTEST:
William F. Garcia Chair
Weld County Clerk to the
BY:
Deputy Clerk to the
APPROV D AS
torney
Date of signature:
arbara Kirkmey=r
Cud ,0* �)v
2013-1886
PL2147
CAPITAL CONTRIBUTION FRONT END AGREEMENT BETWEEN THE WELD
COUNTY BOARD OF COMMISSIONERS AND BIG THOMPSON INVESTMENT
HOLDINGS LLC.
This Agreement is entered into this I LI> day of nUu, . , 2013, by
and between Big Thompson Investment Holdings LLC. (hereinier "Thompson"), and the
County of Weld, a body corporate and politic of the State of Colorado, by and through its Board
of County Commissioners (hereinafter "County"), whose address is 1150 O Street, Greeley,
Colorado 80631.
RECITALS
WHEREAS, Thompson is the owner of real property (hereinafter "Property") located in
Lot B of Recorded Exemption No. 1057-23-02-RECX12-0056, recorded August 22, 2012 in
Book 1371 as Reception No. 3868019, being a part of the West 1/2 of Section 23, Township
4 North, Range 66 West of the 6th P.M., Weld County, Colorado; and
WHEREAS, Thompson was granted conditional approval for a 9 lot minor subdivision
on the Property by the Board of Weld County Commissioners on October 31, 2012, in case
MINF12-0001 attached hereto and incorporated herein as Exhibit A; and
WHEREAS, County intends at some future date to realign Weld County Roads
(hereinafter "WCR") 44 and 33, and such realignment shall reroute portions of WCR 44 and 33
through the Property; and
WHEREAS, Thompson has agreed to dedicate sixty (60) feet of road right of way to
County along the intended realignment route of WCR 44 and 33; and
WHEREAS, County wishes to purchase an additional 20 feet of road right of way on
either side (hereinafter "Additional Right of Way") of the aforementioned sixty (60) feet of road
right of way, for a total of one hundred (100) feet of road right of way available for the
realignment; and
WHEREAS, Foster Valuation Company LLC, prepared a report entitled EMINENT
DOMAIN REAL PROPERTY APPRAISAL REPORT (hereinafter "Report"), attached hereto and
incorporated herein as Exhibit B, which appraises the value of the Additional Right of Way; and
WHEREAS, Exhibit A of the Report contains the legal description of the one hundred
(100) foot road right of way; and
WHEREAS, the Report indicates that the Additional Right of Way is comprised of
125,672 square feet, or 2.885 acres, and the value of the Additional Right of Way is $81,687.00;
and
3953812 Pages: 1 of 3
08/0Fee:$0.00 �y
Steve Moreno,
Cer AM R County, CO i�',����
Steve Moreno Glerk and Recorder, Weld GountY, CO
/Ill !�?4�all i�u,tl�h,l�rl��tia�til
2013-1886
PLa 147
WHEREAS, Thompson and County agree that the $81,687.00 value represents accurately
the fair market value of the Additional Right of Way; and
WHEREAS, Weld County Code § 20-1-90(A) allows a developer to apply for credit
against impact fees otherwise due to County for "any contributions, construction or dedication of
land accepted or received by the County for capital improvements of the same type as are
eligible for expenditure of the impact fees."
NOW THEREFORE, in consideration of the above recitals and the mutual covenants of
the parties, Thompson agrees to dedicate the additional Right of Way to County, and County
agrees to credit Thompson $81,687.00 towards any impact fees owed to County related to the
Property, pursuant to the terms and conditions set forth in this Agreement as follows:
1. RECITALS. The above set forth recitals are incorporated herein as though fully set forth.
2. GRANTING OF CREDIT. Upon recording of the final plat in MINF12-0001 which
satisfactorily dedicates, in the reasonable discretion of County, the one hundred (100) feet of
road right of way described in Exhibit A of the Report, County shall grant a credit to
Thompson in the amount of $81,687.00 (hereinafter "Credit").
3. CONDITIONS OF CREDIT USAGE. The Credit may only be used by Thompson, or its
assignees pursuant to Section 4 of this Agreement, to offset impact fees imposed under
Chapter 20 of the Weld County Code. Additionally, the Credit shall only apply to impact
fees imposed for development occurring within the boundaries of the Property. The Credit
granted under this Agreement shall not be redeemable for cash and under no circumstances
shall County be obligated to make such cash payment or apply the Credit for any purpose
other than to offset impact fees imposed under the Weld County Code on development
occurring within the Property boundaries.
4. ASSIGNMENT OF CREDIT. Thompson shall have the right to assign all or a portion of the
Credit to third parties. Prior to any such assignment, Thompson shall submit to County its
overall plan for allocating (hereinafter "Allocation Plan") the Credit through assignment.
Approval of the Allocation Plan by County shall not be necessary. However, subsequent
variations to the Allocation Plan shall require County's permission which shall not be
unreasonably withheld. All conditions imposed in this Agreement shall apply to Credit
assignees and Credit assignees shall have the right to further assign Credit only with
County's permission which shall not be unreasonably withheld. Assignment of all or a
portion of the Credit without County permission, where necessary, shall be invalid and none
of the benefits or responsibilities of this Agreement shall be deemed to have been transferred.
5. GOVERNMENTAL IMMUNITY. No term or condition of this Agreement shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-
10-101 et seq., as applicable now or hereafter amended.
3953812 Pages: 2 of 3
08/06/2013 11:38 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County. CO
■III 14��.r��Cw�'rli''h��'M.titi�l�+'r1��31�'I'H,�4�:rYtiY4r�1I ill
6. CHOICE OF LAW AND VENUE. Colorado law, and rules and regulations established
pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this
Agreement. Any provision included or incorporated herein by reference which conflicts with
said laws, rules and/or regulations shall be null and void. Venue for any legal dispute
associated with this Agreement shall be in Weld County, Colorado. Should the courts in
Weld County not have jurisdiction over the legal dispute, the venue shall be the nearest court
in Colorado having jurisdiction.
7. SEVERABILITY. If any provision of this Agreement is determined to be unenforceable or
invalid for any reason, the remainder of this Agreement shall remain in effect, unless
otherwise terminated in accordance with the terms contained herein.
8. INTEGRATION OF UNDERSTANDING. This Agreement and the exhibits hereto contain
the entire understanding of the parties hereto and neither it, nor the rights and obligations
hereunder, may be charged, modified, or waived except by an instrument in writing that is
signed by the parties hereto.
In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
Big Thompson Investment Holdings, LLC,
a Colorado limited liability company
By:
Mark S. Goldstein
Manager
Weld County, a Body plitic and Corporate of the State of Colorado
By:
William Garcia JUL 2 2 2013
Chairman Weld County Board of Commissioners
3953812 Pages: 3 of 3
08e/08/201311:38 AM R�■Fee Fee:$0,00
, 00
PillFlakrinl�01'�l#rl'1 �, i i'V � d Recorder, Weld Count
i� tiN4��b�f C0
1111 I
Esther Gesick
From: Brad Yatabe
Sent: Thursday, July 18, 2013 4:34 PM
To: Esther Gesick
Cc: Tom Parko Jr.
Subject: FW: Big Thompson Investments Capital Contribute Front End Agr with Weld County BOC
Attachments: BTIH - Capital Contribute Front End Agr Weld Cty 7-16-13.pdf; ATT00001.htm
Esther,
Can this be placed on the agenda for Monday, July 22nd? Thanks.
Brad Yatabe
Assistant Weld County Attorney
1150 O Street
Mailing Address: P.O. Box 758, Greeley, CO 80632
tel: (970) 356-4000 ext. 4396
fax: (970) 352-0242
STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged
and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not
the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly
prohibited. If you have received this email in error, please notify us immediately by replying and delete the message.
From: Tom Parko Jr.
Sent: Tuesday, July 16, 2013 8:44 PM
To: Brad Yatabe
Subject: Fwd: Big Thompson Investments Capital Contribute Front End Agr with Weld County BOC
FYI.
Sent from my iPhone
Begin forwarded message:
From: Kathy Herder <KathyHerder@goldsteinenterprisesinc.com>
Date: July 16, 2013, 7:49:35 PM MDT
To: Tom Parko Jr. <tparko@co.weld.co.us>
Cc: Mark Goldstein<MarkGoldstein@goldsteinenterprisesinc.com>
Subject: Big Thompson Investments Capital Contribute Front End Agr with Weld County BOC
Dear Tom,
Please find attached Big Thompson Investments Capital Contribute Front End Agr with Weld County BOC
signed by Mark Goldstein. Please send us an executed copy once it is signed by the Chariman of the
Weld County Board of County Commissioners. Thank you.
1
Kind regards,
Kathy Herder
Executive Assistant
Goldstein Enterprises, Inc.
We Have A New Mailing Address:
PO Box 273180
Fort Collins, CO 80527
For FedEx/UPS Delivery:
301 E. Boardwalk Drive #273180
Fort Collins, CO 80525
O: (970) 797-2187 F: (970) 692-8342
E-mail: kathyherder@goldsteinenterprisesinc.com
CONFIDENTIALITY NOTICE
This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be
confidential and legally privileged. This information is intended only for the use of the individual or entity to whom this
electronic mail transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying,
distribution, or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited.
If you have received this transmission in error, please contract the sender by reply e-mail and destroy all copies of the original
message. Thank you.
2
Hello