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Home My WebLink About20060146.tiff RESOLUTION RE: APPROVEAGREEMENTFOR IMPROVEMENTS FOR WCR17 ROAD STABILIZATION FOR DUST CONTROL, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN,PF#604-DARRELADOLFAND DELMER ZIEGLER 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 August 24,2005,the Board of County Commissioners approved a Planned Unit Development Final Plan, PF #604, for Darrel Adolf and Delmer Ziegler, P. O. Box 736, Wellington, Colorado 80549, for Six (6) Residential Lots and One (1) Agricultural Outlot on the following described real estate, to-wit: Lot C of Recorded Exemption#2940;being part of the NE1/4 of Section 29, Township 9 North, Range 67 West of 6th P.M., Weld County, Colorado WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with an Agreement for Improvements for Weld County Road 17 Road Stabilization for Dust Control between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Darrel Adolf and Delmer Ziegler,with terms and conditions being as stated in said agreement, and WHEREAS,the Board has been presented with an Escrow Agreement from New Frontier Bank, 1130 Main Street, Windsor, Colorado 80550, in the total amount of$14,922.00, and WHEREAS,after review, the Board deems it advisable to approve said Agreement for Improvements and accept said Escrow Agreement 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 Agreement for Improvements for Weld County Road 17 Road Stabilization for Dust Control between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Darrel Adolf and Delmer Ziegler, be, and hereby is, approved. BE IT FURTHER RESOLVED that the Escrow Agreement from New Frontier Bank, 1130 Main Street, Windsor, Colorado 80550, in the total amount of $14,922.00, be and hereby is, accepted. 2006-0146 PL1733 ee : Ft-, P kJ -PPG. FtC'Cr+) WCR17 AGREEMENT - DARREL ADOLF AND DELMER ZIEGLER PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D., 2006. "`3/44•%. BOARD OF COUNTY COMMISSIONERS F' tir' ' / \`WELD COUNTY, COLORADO ATTEST: /G ;•r• ,u `1,1. �� I XCUSED i ...•.,,fie _ '-;, \j eile, Chair Weld County Clerk to th J Ntit 1� i1� ( S •4�, ::>' �� Davi . Long, Pro-Tem BY: -- 11-1) �l L , D Duty C}2rk to the Bod EXCUSED Wi . m H. JJeerke ��^ APP AS TOVI` '�— 4 V"Vn --- Robert D. Masd n ounty Attorney SAAA ,(4 Glenn Vaad Date of signature: I I IOW 2006-0146 PL1733 n � 13 AGREEMENT FOR IMPROVEMENTS FOR WCR 17 ROAD STABILIZATION for Dust Control THIS AGREEMENT is made and entered into this _ day of , in the year 2005, by and between Delmer Ziegler & Darrel Adolf, developer of Antelope Estates PZ#604 , hereinafter referred to as "Developer", with an address Lot C RE-2940, being a portion of the NE 1/4 of Section 29, T9N, R67W of the 6th P.M., 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 6lots for Antelope Estates PZ#604, hereinafter referred to as the "Development,"and WHEREAS, WCR 17 from WCR 102 to WCR 100, 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 17 abuts a portion of Antelope Estates PZ#604, 6 of the lots will need WCR 17 for access to the Development, and WHEREAS, Antelope Estates PZ#604 requires 5.280 feet of WCR 17 and will constitute 22 percent of the participation for the Road, 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 $2487.00 per lot. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follow: d s 1. TERM d a it ▪ "0 A. The term of this Agreement shall be from the date first written above to the completion of STABILIZING the Road and fmal accounting by County g and payment of all land development charges by the Developer for the 6 a'3 lots accessing the Road, or five years if WRC 17 is not STABILIZED. 03 "' 2. OBLIGATIONS OF THE COUNTY �.-� A. Weld County shall STABILIZE the road, within 5 years of the date first c written above, the Road at a current estimated cost of $62.500. The -v stabilization improvements are anticipated to be for two 13 foot travel es, o lanes designed in accordance with generally accepted engineering r awmm.n...,es.ru tea«. ... .w Zs ,aef.mod.am. Page I of 5 o -c'T 2006-0146 practices but the actual design shall be at the discretion of Weld County. 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 22 percent of the total cost of STABILIZING WCR 17. If additional traffic is generated prior to STABILIZING WCR 17, such that the percentage of traffic generated by the development is less than 22 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$2487 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 $2487, at the sale of the second lot $2487, at the sale of the third lot $2487, at the sale of the fourth lot $2487, at the sale of the fifth lot $ 2487, at the sale of the sixth lot $2487. The escrow account shall be set up according to paragraph 4 herein. a C. The Developer shall not be released from this obligation unless County Y does not STABILIZE the road within the time frame set forth in paragraph arn 2.C. herein. In no event shall Developer's obligation under this Agreement exceed $14,922 subject to adjustment to a higher or lower figure from the first quarter of 2005 to the year and quarter in which the contemplated 3 work is being performed based on "The State Highway Bid Price index d contained in the "Quarterly Cost report" of The Engineering News-Record a. 4.1 CD as published by The McGraw-Hill Companies. arm 0 4. ESCROW AGREEMENT, the terms of which will be subject to review by the c County that provides at least the following: —NO o o A. The cash in escrow when fully funded is $14,922. cc mimM� =''A o K2043.3-17,,...,.�. �PZ, ,�..w�,Cline),f t�,d..fim.o.Page 2 of 5 -f7N 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. 1111111111111111111111111111 11111111111 III 11111 11111111 3357133 01/24/2006 12:32P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder avoomm Askimeasswimiewskaarnua,...4.ems.NJD Z .Clime').a.auts 3 of 5 , l ' 9. BINDING This agreement shall be binding on the heirs, successors, and assigns of the parties. IN WITNESS WHEREOF the parties hereto have signed this Agreement this itiikday of JCLrUL& l , 20051 BY: Die ® BY: /11/14.) Delmer Ziegler Darrel Adolf Developer Developer Al 1 EST: BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO Y David E. Long, Cha' 01I; . . IS61 - 1/4 iii/a4 r 1pirt - Weld County Clerk to the Board r_ De.1 ty Cler Vo the Board ASP O D AS TO • C Attorney 1111111 1110 III] 1111] 1111111111111111 III 11111 1111 III! 3357133 01/24/2006 12:32P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder .-,?oDb — 0/96 L /NEW FRONTIER BANK January 4, 2006 Lee Morrison Weld County Attorney 915 10th Street Greeley, CO 80631 Re: Antelope Estates/Darrel Adolf Account Dear Mr. Morrison: This letter is to confirm your approval of the Darrel Adolf Account #21866 that has $14,922.00 available for the completion of improvements on the Subdivision known as Antelope Estates, PZ #604. Specifically, the terms are as follows: 1) The funds will be used for the following purpose and amount: Road Stabilization: $14,922.00 SEE EXHIBIT "A" Agreement for improvements for WCR 17, Road Stabilization for dust control 2) It is agreed that no funds will be released on this account without prior written approval from the Weld County Commissioners for these improvements. 3) Two signatures will be required on any funds to be disbursed, a bank officer and Darrel Adolf. If you agree to the above conditions, please acknowledge below with your signature and return to our office. in rely, Jim Larsen Vice President Windsor Office 1 130 Main Street • Windsor, Colorado 80550 • (970) 674-9080 • Fax (970) 674-9090 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and y a firs written. Darrel Adolf Antelope Es s Jim Larsen, Vice President New Frontier Bank Subscribed and sworn to before me this 4th day of January 2006, My commission expires: CT- Notary blic onimmtrogro,IAMe ryi•;y ' N :.y i° .9 s'A? Board of County Commissioners A 0• G0 10 I ` Weld Coun olorado ATTEST: M.M. Geile, Chair //Dq�o4 a b / ll//ll// Weld County Clerk to ""vThe Board" By: IA.G 1 1 a-ValikO1N} uty lerk to th Board APPROVED AS TO FO l SK EL ' my Attorney MI --' g1 `�� i � t(' MEMORANDUM wigpeTO: Board of County Commissioners COLORADO DATE: January 5, 2006 FROM: Sheri Lockman, Planner II SUBJECT: Acceptance of Agreement for Improvements for Weld County Road 17 Road Stabilization for Dust Control Antelope Estates PUD Case Number PF-604 Darrel Adolf and Delmer Ziegler The Departments of Planning Services and Public Works have reviewed the Improvements Agreement for Antelope Estates PUD for County Road 17 Stabilization and Dust Control in the amount of$14,922. The Department of Public Works and the Department of Planning Services, have determined that the amount of the agreement will be sufficient to complete the work required for County Road 17. The Department of Planning Services recommends acceptance of the Improvements Agreement. Maize Page 1 of I Carol Harding To: SHERI Lockman; Peter Schei; DONALD Carroll Subject: Adler Estates Road Stabilization Escrow Agreement Sheri: Darrel Adolf brought in an escrow agreement with New Frontier Bank, who will be the escrow agent for Antelope Estates, up to a maximum amount of$14,922. I am sending copies to you and Public Works through inner-office mail. Lee has already approved the agreement, and if it's okay with you, I will put this on Monday's agenda. Can you send me your memo? Let me know if there is a problem. Thanks. Carol qow :4 -,. A' vWf�wt•rdsvfilti pM4*.Y-', ,*w-e.,a$ '"►1<. ,. 4�s. 4♦e��•. 1/5/2006 Hello