HomeMy WebLinkAbout20081319.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING IMPROVEMENTS FOR COUNTY ROAD 84
ROAD STABILIZATION FOR DUST CONTROL AND AUTHORIZE CHAIR TO SIGN -
GEORGE AND MARY CARLSON
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 Agreement Concerning Improvements
for County Road 84 Road Stabilization for Dust Control 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 Public Works,and George and Mary Carlson, commencing upon full execution,with
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 Agreement Concerning Improvements for County Road 84 Road
Stabilization for Dust Control 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 Public Works,
and George and Mary Carlson 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 5th day of May, A.D., 2008.
` BOARD OF COUNTY COMMISSIONERS
.,. EL WELD COUNTY, COLORADO
a
ATTEST: �iruucl ' ! .�. �r„ r _.% r
_( A,;)
t illiam H. Jerke, Chair
Weld County Clerk to the Boa + w�
. 1 f" .1� XCUSED
7 rI'M
° Robert M en, Pro-Tem
BY'. to 9 �.C�i-ICC( �`Y� �. � C7 1-DepU Cler o the Board CX' / '
U William F. Garcia
APPROVED AS TO FORM: EXCUSED
/ / David E. Long
Co ty Att ey CJ b,, „�,,,-,r!C�
c/DO* �oug s Rademac r
Date of signature:
2008-1319
PL1724
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Ka7MEMORANDUM
IC TO: Clerk to the Board DATE: April 29, 2008.
COLORADO FROM: Don Dunker, Senior Engineer
SUBJECT: Agenda Item
Please submit this enclosed item for the Board's next agenda:
Agreement for Improvements for WCR 84 Road Stabilization for Dust Control with
George and Mary Carlson, Developer of Prairie Ridge Estates Minor Subdivision.
The appropriate documentation is attached.
M:AFraneieAgendaDonDonker.doe
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M: \Francie\AgendaDonDunker .doc
2008-1319
t ^^% • •
AGREEMENT FOR IMPROVEMENTS FOR WCR 84
ROAD STABILIZATION for Dust Control
THIS AGREEMENT is made and entered into this 2 2, day of 414 k , in the year
2005, by and between George & Mary Carlson, developer of Prairie Ridge Estates Minor
Subdivision, hereinafter referred to as "Developer", with an address 7690 Weld County Road 84,
Weld County Colorado, and the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, Colorado, hereinafter referred to as "County," with
offices located at 915 - 10th Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, the Developer has obtained approval for a Subdivision Final Plat for 9
(nine) lots for Prairie Ridge Estates Minor Subdivision, hereinafter referred to as the
"Development," and
WHEREAS, WCR 84 from WCR 15 to WCR 17, hereinafter referred to as 'the Road",
will need ROAD STABILIZATION for dust control, in part, due to the increased traffic generated by
the Development, a distance of approximately one-mile, and
WHEREAS, WCR 84 abuts a portion of Prairie Ridge Estates Minor Subdivision, 9
(nine) of the lots will need WCR 84 for access to the Development, and
WHEREAS, Prairie Ridge Estates Minor Subdivision, requires WCR 84 and will
constitute 42 percent participation for the Road based on a current traffic count of 117 aadt, and
WHEREAS, the proportional costs of STABILIZATION for the Road attributable to the
traffic generated by the lots in the Development using the Road, is estimated to be $3,046 per lot.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follow:
1. TERM
A. The term of this Agreement shall be from the date first written above to
the completion of STABILIZING the Road and final accounting by County
and payment of all land development charges by the Developer for the 9
(nine) lots accessing the Road, or five years if WRC 84 is not STABILIZED.
2. OBLIGATIONS OF THE COUNTY
A. Weld County shall STABILIZE the road, within five years of the date first
written above, the Road at a current estimated cost of $62,000. The
stabilization improvements are anticipated to be for two 13 foot travel
lanes designed in accordance with generally accepted engineering
practices but the actual design shall be at the discretion of Weld County.
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B. Design, construction, and maintenance of this portion of Road shall be the
responsibility by the County.
C. County or Developer must STABILIZE the roads within five years of the
date first written above or forfeit all rights to land development charges,
which are the obligation of the Developer whether already in escrow or
remaining to be paid.
D. Weld County shall perform a final accounting once STABILIZATION is
complete and may collect from the escrow account (or from the developer
if the amount in the escrow is insufficient to satisfy developers obligation)
up to 42 percent of the total cost of STABILIZING WCR 84. If additional
traffic is generated prior to STABILIZING WCR 84, such that the
percentage of traffic generated by the development is less than 42 percent,
the County shall adjust the percentage charged to the developer
proportionately. Any amount which must be collected from the developer,
which is not paid within 45 days of final accounting, shall assessed
interest in the amount of 8 percent per annum.
3. OBLIGATION OF THE DEVELOPER
A. Developer agrees to pay the amount of$3,046 per each lot accessing the
Road. The actual amount shall be determined in accordance with
paragraph 2.D.
B. The Developer agrees to escrow monies as follows at the sale of the first
lot $3,046, at the sale of the second lot $3,046, at the sale of the third lot
$3,046, at the sale of the fourth lot $3,046, at the sale of the fifth lot
$3,046, at the sale of the sixth lot $3,046, at the sale of the seventh lot
$3,046, at the sale of the eighth lot $3,046, at the sale of the ninth lot
$3,046. The escrow account shall be set up according to paragraph 4
herein.
C. The Developer shall not be released from this obligation unless County
does not STABILIZE the road within the time frame set forth in paragraph
2.C. herein. In no event shall Developer's obligation under this Agreement
exceed $27,414 subject to adjustment to a higher or lower figure from the
first quarter of 2005 to the year and quarter in which the contemplated
work is being performed based on "The State Highway Bid Price index
contained in the "Quarterly Cost report" of The Engineering News-Record
as published by The McGraw-Hill Companies.
4. ESCROW AGREEMENT, the terms of which will be subject to review by the
County that provides at least the following:
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A. The cash in escrow when fully funded is $27,414.
B. The escrow agent guarantees that the escrowed funds will be disbursed
according to the terms of this agreement and will not release any portion
of the funds without prior written approval of the Weld County Board of
County Commissioners.
5. SEVERABILITY
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties receiving services of benefits under this Agreement shall be
an incidental beneficiary only.
7, MODIFICATION AND BREACH
This Agreement contains the entire agreement and understanding between the
parties to this Agreement and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or written. No modification,
amendment, notation, renewal, or other alteration of or to this Agreement shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No Breach of any term, provisions, or clause
of this Agreement shall be deemed waived or excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or
consented. Any consent by any party hereto, or waiver of, a breach by any other
party, whether express or implied, shall not constitute a consent to waiver of, or
excuse for any other different or subsequent breach.
8. NO WARRANTY.
Neither County nor Developer, by virtue of their entering into this Agreement and
upon their promises to perform the work described herein, make warranties, either
express or implied, that the improvement work and/or maintenance of these roads
meet standards other than those generally required for counties and cities of the
size and type similar to County.
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9. BINDING
This agreement shall be binding on the heirs, successors, and assigns of the
parties.
IN WITNESS y WHEREOF the parties hereto have signed this Agreement this Z L day
Ail
!//2C/ , 2005.
BY: _ �>--,.:-- z,
Developer
ATTEST: BOARD OF COUNTY COMMISSIONER n E
WELD COUNTY, COLORADO , a eta
/,.,✓
Chair, William H. Jerke
MAY 0 5 2008 Ooh .4
Weld County Clerk to the Board
Deputy Jerk the Board
, l
APPROVED AS TO FORM:
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Cost Estimating for Offsite Improvements Agreement 5-Jan-2005 PAS
Weld County Road 84 stabilization for one-mile between CR 15& CR 17. Weld County Public Works Dept.
Two 13-foot lanes =26-feet.
one-mile estimate one-mile 42%
Material Quantity Units Cost per Unit Total Cost Percent Cost
Street Grading 2,542 ydA3 $2.60 ydA3 $6,609.20 $2,799.96
Street Base(Class 6) 2,542 ydA3 $15.00 ydA3 $38,130.00 $16,153.60
Chemical Stabilization 15,253 ydA2 $1.00 ydA2 $15,253.00 $6,461.86
(DC2000)
Engineering &Supervision Costs (fixed) $2,000.00 $2,000.00
Grand Total = I $61,992.20) $27,415.411 =%Total
Estimate of Quantities
Material Length Width Depth Area Area Volume Volume Weight
feet feet feet ftA2 ydA2 ftA3 ydA3 ton
Street Grading 5,280 26 0.5 - - 68,640 2,542 -
Class 6 5,280 26 0.5 - - 68,640 2,542 -
Chemical 5,280 26 - 137,280 15,253 - - -
Proportional Share
Applicant (adtQ Total (aadt) Percentage Participation
86 117 42%
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