HomeMy WebLinkAbout20073301.tiff RESOLUTION
RE: APPROVE FIRST AMENDED AGREEMENT FOR IMPROVEMENTS FOR COUNTY
ROAD 80 STABILIZATION AND DUST CONTROL, AND AUTHORIZE CHAIR TO SIGN,
FOR AN EIGHT(8)LOT MINOR SUBDIVISION, MF#1001 -W.B. FARM ESTATES, 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, on July 26, 2004, by Resolution #2004-2119, the Board of County
Commissioners approved an Agreement for Improvements for County Road 80, in conjunction with
W.B. Farms Estates, LLC, an eight (8) lot Minor Subdivision, MF #1001, between the Board of
County Commissioners of Weld County, by and through W.B. Farms Estates, LLC, Go Carl V. Hill
and Wesley Brett Hill, Members, and
WHEREAS, the terms of said agreement provided in relevant part, that W.B. Farms
Estates, LLC, would pay land development charges in the amount of$14,500 to Weld County for
its work on road improvements, as long as said improvements on County Road 80 were completed
by Weld County within five (5) years of the date of the Agreement, and
WHEREAS, the terms of the Agreement required W.B. Farms Estates, LLC, to create an
escrow account into which $1812.50 was to be deposited upon the sale of each of the eight lots
in the Minor Subdivision; however, the land development charges were to remain the obligation of
W.B. Farms, Estates, LLC, "whether already in escrow or remaining to be paid", and
WHEREAS, the escrow account required of W.B. Farms Estates, LLC, was created, and
the amount of $1812.50 was deposited into the account when one lot was sold, and
WHEREAS, no further lots have been sold, leaving the escrow account insufficient to pay
the balance of$12,687.50, and
WHEREAS, by the terms of the Agreement, the land development charges were to remain
the obligation of W.B. Farms, Estates, LLC, "whether [the funds were] already in escrow or
remaining to be paid", and
WHEREAS, W.B. Farms Estates, LLC, wishes to honor the obligation and agrees to pay
the balance of the obligation, $12,687.50 under new terms, as set forth in the First Amended
Agreement which has been presented to the Board, 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 First Amended Agreement for Improvements for County Road 80 Road
Stabilization for Dust Control, entered into with W.B. Farms Estates, LLC, be, and hereby is,
approved.
2007-3301
PL1651
r'� ; C 4 pL__ Pio 0 -3D- 07
FIRST AMENDED AGREEMENT FOR IMPROVEMENTS TO CR 80 FOR STABILIZATION
AND DUST CONTROL - W.B. FRMS, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of October, A.D., 2007.
"' BOARD OF COUNTY COMMISSIONERS
�-1 tL WEL COUNTY, COL RADO
ATTEST:
ii
):,:p? David E. Long, Chair
Weld County Clerk to thse(
•
BY: '
i 1 all -7' r+� William H. 72.PLs}�m
D:. ty Cl:!k to the Boa d LA./
W iammFF. Garcia`
Robert D. Maslen
Co ty Attorney g ayeakilr
1ii7h7 uglas ademacher
Date of signature:
2007-3301
PL1651
836 FIRST AMENDED AGREEMENT FOR IMPROVEMENTS FOR WCR 80 ROAD
STABILIZATION FOR DUST CONTROL
THIS FIRST AMENDED AGREEMENT is made and entered into this I� 1
day of October, 2007, by and between W.B. Farm Estates LLC, a Colorado
Limited Liability Company, developer of W.B. Farm Estates, LLC, and
Wesley Brett Hill and Carl V. Hill, hereinafter referred to
collectively as "Developer" , with an address of 2815 83rd Avenue,
Greeley, Colorado 80634, 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, Developer entered into an agreement with County dated
the 26th day of July, 2004, entitled "Agreement for Improvements for WCR
80 Road Stabilization for Dust Control," hereinafter referred to as the
"Agreement", and
WHEREAS, said Agreement required Developer to pay land
development charges totaling $14,500 to County in exchange for County's
completion of certain road improvements, if said improvements were
completed within five (5) years of the date of the Agreement, and
WHEREAS, said Agreement required Developer to place the amount of
$1812 .50 into an escrow account for the benefit of County upon the sale
of each of eight lots in Developer' s subdivision in order to pay
Developer' s obligation of $14, 500, and
WHEREAS, county has completed the promised road improvements
within the five (5) year period, and
WHEREAS, only one lot has been sold since the date of the
Agreement, and Developer requires an additional twenty-four months to
pay the balance of $12, 687.50, and
WHEREAS, the Agreement specifically states that the obligation to
pay the land development charges irrespective of whether the funds are
available in the escrow account, and
WHEREAS, County desires to allow Developer an additional twenty-
four months to pay the obligation,
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties agree as follows:
1. Developer hereby acknowledges the obligation to pay County
the sum of $12, 687.50.
2. Developer shall pay County the sum of $12, 687.50 on or
before the 1st day of October, 2009.
3 . Developer further agrees to pay the balance of the
obligation in full upon the occasion of the sale of the next lot
in the subdivision.
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3519836 11/28/2007 02:04P Weld County, CO 2007-3301
1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
4 . In the event Developer fails to pay the full amount of the
balance upon the earlier of the date of the sale of the next lot
which is sold or October 1, 2009, County shall have the following
rights :
a. County may declare the entire outstanding
principal of the note immediately due and payable without
notice or demand;
b. County shall be entitled to collect the unpaid
balance of the original obligation from Developer, which
includes W.B. Farms Estates, LLC, and/or Wesley Brett Hill,
individually, and/or Carl V. Hill, individually, and may
choose to pursue collection from any one or all;
c. Developer specifically waives presentment,
notice of dishonor, and protest;
d. If this obligation is not paid as agreed, or if
suit is brought, Developer agrees to pay all reasonable
costs of collection, including reasonable attorneys' fees;
e. In the event of bankruptcy, or similar
proceedings, costs of collection shall include all costs
and attorneys' fees incurred in connection with such
proceedings, including the fees of counsel for attendance
at meetings of creditors or other committees.
IN WITNESS WHEREOF, the parties hereto have signed FIRST AMENDED
AGREEMENT this/,' day of October, 2007.
W.B.FARMS ESTATES, LLC WESLEY BRETT HILL
4JZLJ
sley rett Hil Me r Wesley rett 1
By: Carl V. Hill, Member
OVA ....PUg.�c
CARL V. HILL CHERYL
I,I 1 HAGEMEISTER . •
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Carl V. Hill, Member '\`._•,-
SUBSCRIBED AND SWORN to before me this )(O+-11day of October by Wesley
Brett Hill and Carl V. Hill, personally and in their capacities as
Members of W.B. Farms Estates, LLC.
WITNESS my hand and official seal
MY COMMISSION EXPIRES
MARCH 16, 2010 Notary P lic (/
My commission expires:
111111111111111111111111111111111111111 III11111IIII I11I
3519836 11/28/2007 02:04P Weld County, CO
2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
ATTEST: i r COUNTY OF WELD, STATE OF
< f ✓ J COLORADO, by and throug
h the
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Board of County Commissioners
��"rTrE, l�/r (/✓.�- .. l;r. of Weld County•Cl r to t Board ; ,.✓ David E. Long, Chair
RO D AS TO •
OC 2 2 2007
C nt Attorney
1111111 VIII 111111 11111 11111 111111 11111111111111111 1111
3519836 11/28/2007 02:04P Weld County, CO
3 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
a&OD'I-32Oi
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