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Home My WebLink About20061992.tiff RESOLUTION RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT, AND IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1429 - DAVID AND ANNITA ALVAREZ, DBA BETHEL FAMILY PRAISE CENTER 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 October 15,2003,the Board of County Commissioners approved a Use by Special Review Permit#1429, for David and Annita Alvarez, dba Bethel Family Praise Center, 820 Ponderosa Place, Eaton,Colorado 80615,for a Church,Child Care Center and Private School on the following described real estate, to-wit: Lot A of Recorded Exemption#3025; being part of the NE1/4 of the NE1/4 of Section 29,Township 7 North, Range 65 West of 6th P.M., Weld County, Colorado WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with a Road Maintenance and Improvements Agreement,and an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance)between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and David and Annita Alvarez, dba Bethel Family Praise Center,with terms and conditions being as stated in said agreement, and WHEREAS,the Board has been presented with Check No.2108 from Bethel Family Praise Center, P.O. Box 178, Eaton, Colorado 80615, in the amount of$3,300.00, and WHEREAS,after review, the Board deems it advisable to approve said agreements and accept said check as stated above, copies of which are attached hereto and incorporated herein by reference. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Road Maintenance and Improvements Agreement,and the Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,and David and Annita Alvarez,dba Bethel Family Praise Center, be, and hereby is, approved. 2006-1992 CO ', FICA L dt� °PL PL1686 �, JO i 06--15-6)62 IMPROVEMENTS AGREEMENT - DAVID AND ANNITA ALVAREZ, DPA BETHEL FAMILY PRAISE CENTER PAGE 2 BE IT FURTHER RESOLVED thatCheck No.2108 from Bethel Family Praise Center, P.O. Box 178, Eaton, Colorado 80615, in the amount of$3,300.00, be and hereby is, accepted. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 26th day of July, A.D., 2006. BOARD OF COUNTY COMMISSIONERS �eS , LD CO TY, COLORADO EL &l id)"` / ;� /�l'•�f� , 1861 ` elle, hair Weld County Clerk to the Boar+ ( -� . IC E. Long, Pro-Tem BY: Deputy rk to the Board Jerke 4 AP O AST Robert��p, Masden . p my Aft rney , AA& Glenn Vaad !/// ad Date of signature: S/y/0&i 2006-1992 PL1686 Weld County Planning Department S@"T'IWt ST RAIL DING K� MEMORANDUM-t JUL � � �� RE� ��ED TO: Michelle Martin, Planning Services DAVTE: July 12, 2006 ip CFROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: USR-429, Bethel Family Praise Center (David and Annita Alvarez) I have reviewed both documents that you faxed to me. The first document is the Road Maintenance and Improvements Agreement associated with dust suppressant to be placed at various locations on WCRs 78 and 41. David Alvarez has signed this document. The Clerk to the Board requires the original signature prior to scheduling BOCC review. The second document is the Improvements Agreement According Policies Regarding Collateral for Improvements (private road maintenance). This document includes, under the Exhibit A portion, handicap parking spaces to be upgraded to the ADA Standards. The numbers look reasonable for the installation of the six spaces. Once again, David Alvarez has signed this document. If you have both documents with original signatures, please schedule these items and I will attend with you the 9:00 a. m. BOCC hearing. pc: USR-1429 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1429-A.doc 2006-1992 O7COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this /0 day of Iv(`J , 2006, by and between the COUNTY of WELD, STATE OF COLORADO, hereinafter called Cdunty.and David and Annita Alvarez (Bethel Family Praise Center, USR-1429) hereinafter called ALVAREZ, and WHEREAS, Alvarez has been granted a Weld County site specific development and a special review permit for a church, childcare center, and private school in Section 29, Township 7 North, Range 65 West of the 6th P.M. WHEREAS, the USR generates an increase in vehicle traffic, and WHEREAS, the existing County roads that serve the USR will require increased maintenance and improvement due to the increase in vehicle traffic, and WHEREAS, the County and Alvarez have reviewed maintenance and improvements proposals put forth by Alvarez, and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said USR. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the County and Alvarez agree as follows: 1. Term: The term of this agreement shall be from the date first written above to and until Weld County Road 78 is paved. 2. Location: The county roads that serve said USR are WCR 78 and WCR 41. 3. Improvement and Maintenance to WCR 78: A. The County shall be responsible for general maintenance, including grading and snow removal. B. Alvarez shall apply dust suppression chemicals on said roads, as needed, as determined by the Department of Public Works, twice a year. Apply approximately 300 feet in front of three existing homes along WCR 78 between WCR 39 and WCR 41, in front of the adjacent home across from the east entrance on WCR 41, and at both access points to the USR. The first application will be after issuance of the certificate of occupancy. 4. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that 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 contained in this Agreement shall give or allow any claim or right of actions whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 11111111111111111111111111111111111111111111111 I I I 11111 3412047 08/15/2006 02:11P Weld County, CO 1 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ;;1 oc6 -- Road Maintenance and Improvements Agreement Page 2 5. Indemnification: To the extent authorized by law, Alvarez agrees to indemnify, save, defend, and hold harmless County from any and all liability incurred as a result of acts, omissions, or failures to act by Alvarez in her performance of the duties set forth in this Agreement on those portions of said roads described in this Agreement. The term liability includes, but is not limited to, any and all claims, damages, and court awards, including costs, expenses, and attorneys' fees, incurred as a result of any act or omission by Alvarez and its employees. 6. Modifications 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 modifications, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed, waived, or excused, unless such waiver or consent shall be in writing or 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 expressed or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach. 7. Non-Assignment: This Agreement shall not be assignable without prior written consent of County or Alvarez, whichever is the non-assigning party. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and year first above written. ATTEST: Mid BOARD OF COUNTY COMMISSIONERS L 44 ELD COUNTY COLORADO Weld County Clerk to the Bo Tsai > �+ By: ti" t . M. J. Geile, Chair JUL 2 6 2006 putt' unlyClerlerk /1 °s't DAVID ALVAREZ ANNITA ALVAREZ By: cf By: wner's signature owner's signature M:\AGREEMENTS\Road-I mprov\2006\ALVAREZ-AGR.doc 1111111 11111 11111 11111 11111111111111111 III ICIER IIII 3412047 08/15/2006 02:11P Weld County, CO 2 of 9 R 0.00 0 0.00 Steve Moreno Clerk& Recorder ac0o6 —/994:? IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this_7th day of June ,2006 ,by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and David&Annita Alvarez hereinafter called "Applicant." dba Bethel Family Praise Center WITNESSETH: WHEREAS, Applicant is the owner of, or has a controlling interest in the following described property in the County of Weld, Colorado: Lot A,Recorded Exemption No. 0709-29-1 RE-3025, being located within Northeast One-Quarter Section 29, Township 7 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado. WHEREAS, a Final Subdivision/Planned Unit Development(PUD)plat of said property, to be known as Bethel Family Praise Center _has been submitted to the County for approval, and WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" o f this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards an d criteria established by the County for public improvements. 1111111 VIII VIII VIII VIII 111111 111111 III VIII NIB 3412047 08/15/2006 02:11P Weld County, CO 3 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT "A" Name of Subdivision or Planned Unit Development: Bethel Family Praise Center Filing:_USR 1429 Location: 19950 WCR 78, Eaton,_CO 80615 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Improvements Quantity Units Unit Estimated Costs Construction Cost Handicapped 6 spaces 550 3300 Parking Site grading Street grading Street base Street paving Curbs,gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities 1111111 11111 111111111111111 111111111111 III 1111111111111 3412047 08/15/2006 02:11P Weld County, CO 4 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder On-site water supply and storage Water Mains (includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names Fencing requirements Landscaping Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: Engineering and Supervision Costs $ (Testing, inspection,as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION$ 3,300.00 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B." By: MIND 11111 DINED 11111 111111 DIE III 11111 Ell IIII 3412047 08/15/2006 02:11P Weld County, CO 5 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1242/APPLICANT: 1 ¢rte, do.-.I 6 APPLICANT: --- 1 TITLE: 562.0/0,2, /kJ /Z (��` pTAiti,o, f t I Subscribed and sworn to before me this Oil day of li,k, , 20 ()(p . li ink i o i Tr�a�Bl GoPo My Commissiop�xpires: Cj -�q of co\- Notary Public \ / E I My Commission Expires (`~�,^-y La Seplemoer 19,2006 1861 r ! Jr") an, Board of County Co Is r � �X006 APPROVED AS TO FO _ ATTEST: LChair 1 in County Attorney WEI COUNTY CLERK,, TO THE BOARD BY: 'ti 1 r$[n14 DEP Y CLE(�2(2(2jjjjCCCC TO HE BOARD 111111111111111 111111111111111111111 III 11111 Ell 1111 3412047 08/15/2006 02:11P Weld County, CO 6 of 9 R 0.00 D 0.00 Steve Moreno Clerk$ Recorder 021e6 —/59., • EXHIBIT "B" Name of Subdivision or Planned Unit Development: Bethel Family Praise Center Filing: USR 1429 Location: 19950 WCR 78 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. All improvements shall be completed within 1 years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Street base Handicapped 1 year Parking Street paving Curbs, gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains !L'114'kJ'fl1' '2Lb')" III 02:11P Weld C9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • Laterals(house connected) On-site sewage facilities On-site water supply and storage Water mains Fire hydrants Survey and street monuments and boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Road culvert Grass lined swale Telephone Gas Electric Water Transfer SUB-TOTAL: The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. I 111111 11111 11111 11111 11111 111111 111111111 111111111 1111 3412047 08/15/2006 02:11P Weld County, CO 8 of 9 R 0.00 0 0.00 Steve Moreno Clerk& Recorder • Applicant ' ad Applicant Date: 7 "Jo ,20d 6. Title �ffJArrZ - (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) I 111111 11111 11111 11111 11111 111111 11111I III ICU 1111 3412047 08/15/2006 02:11P Weld County, CO 9 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder -4. .'$ - iii;,. `. -� \t' I IAA -R \IS ) :AL. rJl 1 "II ON P.O. Box 244 Naturita,CO 81422 970-865-2661 PROPOSAL Proposal Submitted To Phone _ Late Bethel Family Praise Center 970-454-3505 7/7/2006 Street Job Name - 19950 WCR 78 Handicapped Parki Qty,State and Zip Code Job Location -- Eaton, CO 80615 We hereby submit specifications and estimates for: FLATWORK - 6 Handica• • - . Parki S•aces TOTAL $3,300 We Propose hereby to furnish material and labor—complete in accordance with above specifications, for the sum of: Three Thousand Three Hundred and no/100 dollars ($3,300.00 ). All materials Is guaranteed to be as specified. NI work to be completed in a Workmanlike manner according to standard practices. Any alteration or Deviation from above specifications involving extra costs will be executed Only upon written orders,and will become an extra charge over and above the estimate. All agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,tornado and other necessary Insurance. Authorized Signature Note: This proposal may be withdrawn by us If not accepted within _ days. Acceptance of Proposal-The above prices,specifications and conditions are satisfactory and are herby accepted. You are authorized to do the work as specified. Date of acceptance: Signature BETHEL FAMILY PRAISE CENTER 62-6997/ a210 PH. 970-454-3505 PO BOX 178 _ 7,4' 'd EATON, CO 80615 Ip � , — I tae of �CLk/i (cc 4 �` J F 414 .ki ,3;Oo , of 4 app XfLia/YJ_� � �lr. // In aJ `C� e NEW WEST BANK VLIc‘ SS SEIm Ave-454-1 0CO 50615 - �J — 9]Oi541800 J,p,(,/'nom//, agatM I: 107006978i: 454 L0006770i' 2 L08 MEMORANDUM VC D July TO: J 24, 2006Board of County Commissioners ATE: COLORADO FROM: Michelle Martin 04 SUBJECT: USR-1429 The Department of Planning Services received a personal check for the Private Improvements Agreement for USR-1429 (A Site Specific Development Plan and a Special Review Permit for a Church Childcare Center and Private School in the A(Agricultural)Zone District. ). The collateral for the Improvements Agreement is in the amount of three thousand three hundred dollars ($3,300.00) for on-site improvements. After review of the collateral by the Weld County Attorney, the Department of Public Works and Department of Planning Services, it has been determined that the amount of the agreement will be sufficient to complete the on-site improvements required for USR-1429. Hello