HomeMy WebLinkAbout20020321 RESOLUTION
RE: APPROVE OFF-SITE IMPROVEMENT REIMBURSEMENT AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - LONGVIEW COMMUNITY, 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 an Off-Site Improvement
Reimbursement Agreement between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Longview Community, LLC, 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 Off-Site Improvement Reimbursement Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Longview Community, 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 6th day of February, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
i��•_ O WEL, NTY/COLORADO
ATTEST: gall
/ v �t //�/
".` �`Gle'��aad, Cha
Weld County Clerk to th=r ��f��`��'
✓ i �.��� T("T David E. L• g, Pro- e"'f
BY:
Deputy Clerk to the Boarr
M. J. eile
APPROV AS TO FOR • 'In ! VA. -,
unty Attorn v,_—_
nl Robert D. Masden
Date of signature: 3
2002-0321
nC:d13 PI; ./on9Weld A'mmun;ty EG0046
OFF-SITE IMPROVEMENT REIMBURSEMENT AGREEMENT
THIS AGREEMENT,made and entered into this 6thday of Feb. , 2002, by and
between the County of Weld, State of Colorado, acting through its Board of County
Commissioners,hereinafter called"County"and Longview Community, LLC, a Colorado
limited liability company,hereinafter called"Longview"whose mailing address is c/o Chateau
Communities, Inc., 6160 S. Syracuse Way, Greenwood Village, CO 80111.
WITNESSETH:
WHEREAS, Longview is the owner of the existing Longview manufactured housing
community in Weld County consisting of 80 acres in the Southwest Quarter of Section 5,T2N,R
68W of the 6th P.M. and occupying the northwest quadrant of the intersection of Highway 119
and County Road 3 1/2 (the"Intersection");
WHEREAS,the County and Colorado Department of Transportation("CDOT")
required that Longview install a traffic signal at the Intersection(the"Signal");
WHEREAS, Longview has entered into a separate reimbursement agreement with the
owner of property in the southeast and southwest quadrant of the Intersection to share in the cost
of the Signal;
WHEREAS,Longview desires to obtain reimbursement for a portion of the cost of the
Signal in the event that the property in the northeast quadrant of the Intersection located in the
Southwest Quarter of Section 5,T2N,R68W of the 6th P.M. is developed in the future and
benefits from the Signal;
WHEREAS,the County and Longview enter into this Agreement relating to such
possible future reimbursement;
NOW,THEREFORE,IN CONSIDERATION OF the foregoing, the parties hereto
promise, covenant and agree as follows:
1.0 Installation of Signal. Longview has installed at its own cost and expense the
Signal at the Intersection. The Signal is of a type and design approved by the County and
CDOT. The cost of the purchase and installation of the Signal was $275,000 (the"Signal
Costs").
2.0 Future Reimbursement. At such time as the property in the northeast quadrant of
the Intersection is developed(the"NE Development"),Longview shall be entitled to
reimbursement for a portion of the Signal Costs in accordance with and subject to the limitations
set forth below:
tea-03W
2.1 This Agreement shall not be effective if the NE Development occurs
outside the jurisdiction of the County --e.g. the property is annexed into Longmont.
2.2 If the NE Development requires a land use permit from the County and
will use the Signal,the owner of the NE Development shall be obligated to reimburse Longview
for a portion of the Signal Costs. In no event shall Longview collect an amount which exceeds
the total costs of the Signal less the pro rata share of the total trip impacts generated by the
Longview development, less the reimbursement received from the owner of the property in the
southwest and southeast quadrant of the Intersection. Evidence that the owner of the NE
Development and Longview have entered into a written agreement providing for such
reimbursement on terms consistent with this Agreement shall be submitted to the Department of
Planning Services prior to recording the subdivision,resubdivision or planned development final
plat for the NE Development.
2.3 The amount of Signal Costs to be paid by the owner of the NE
Development will be based upon a pro rata share of the total trip impacts associated with the
number and type of dwelling units and square footage and type of nonresidential developments
within the NE Development intended to use the Signal. The amount of Signal Costs shall also
include inflation as measured by the changes in the Colorado Construction Cost Index used by
the Colorado Division of Highway.
2.4 The report entitled TRIP GENERATION (Third Edition, 1982) of the
institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata
share of the Signal Costs for the NE Development. A special transportation study shall be used
for land uses not listed in the ITE Trip Generation Manual. Any question about the number of
trips generated by the NE Development or the Longview development shall be decided by the
County Engineer.
2.5 No reimbursement shall be owed hereunder if approval for the NE
Development is not obtained from the County within ten years of the date of this Agreement.
2.6 The amount required to be reimbursed to Longview by the owner of the
NE Development shall be paid at or before the time that the first building permit within the NE
Development is issued by the County,and such evidence of such payment shall be a pre-
condition to the issuance of building permits with the NE Development.
2.8 This Agreement is not intended to create any cause of action against Weld
County or its officers or employees by any subdivider, applicant or owner, including Longview,
for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to
be reimbursed by the subsequent subdividers, applicants or owners.
2.9 Longview and the owner of the southeast and southwest quadrant of the
Intersection have entered into a separate reimbursement agreement, and nothing herein shall be
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MB5622
construed to require additional reimbursement by the owner of the southeast and southwest
quadrant of the Intersection.
3.0 Successors and Assigns. This Agreement shall be binding upon the successors
and assigns of the parties hereto, and upon recording in the County records shall be deemed a
covenant running with the land herein described and shall be binding on the successors and
assigns in ownership of said land.
IN WITNESS HEREOF,the parties hereto have caused this Agreement to be executed on
the date and year first above written.
LONGVIEW COMMUNITY LLC
By z/r70 z
Its Manager f4"4.3 F. b# sJn_ tyrcV�
C a LI 11,1),,,S.,t. #4 a./c,cr a T
;et, Cowes-.✓„ f LLC
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
'e O
OL-M
-Glenn Vaad, .Chair (( 002)
David E. ong, Cha Pro-Tem
ATTEST:
61 ' : �� � J Geile
Weld County Cl: �t. 17=' `•• ai
/ ®/ / � �„ Zr
�Cpp illiam H'c Jerke
�By: S)
Deputy Clerk to the Bo:
Robert . Masden
APPROVED AS TO FORM:
County Att ey
-3-
MB5622
_,
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST •
DEPARTMENT: COUNTY ATTORNEY DATE: January 24, 2002
PERSON REQUESTING: Lee D. Morrison, Assistant Weld County Attorney
Brief description of the problem/issue: 1�
The attached is a reimbursement agreement to provide a proportional share of the costs of a signal
light at Highway 119 and WCR 3 'A. Longview and the landowners at the SE and SW corner have
contributed to the cost of the signal light which has been installed. The County is agreeing to require
the developer of the NE corner to reach an agreement for reimbursement with Longview if the NE
corner is developed in the next ten years while within County jurisdiction. The amount of
contribution from the NE corner is not to exceed the total costs of the Signal less the pro rata share
of the total trip impacts generated by the Longview development, less the reimbursement received
from the owner of the property in the southwest and southeast quadrant of the Intersection.
What options exist for the Board?
Place on agenda, work session or decline to address matter.
Recommendation to the Board:
I recommend approval as this is a means of allowing the current developments to recoup some of
their up-front costs from those who will directly benefit from the signal light if development occurs
within a reasonable length of time. It limits the reimbursement to meet an amount directly related
and proportional to the impacts of development on the NE quarter. The approach is similar to
reimbursement agreements commonly used for water and sewer main extensions. Public works
concurs in this recommendation.
Attachment
2002-0321
Initial:
Approve Schedule
Recommendation Work Session Other
Geile
Jerke
Long
Masden
Vaad
M:\WPFILES\WSRHWYII9.WPD
CHATEAU
ES
February 5, 2002
VIA OVERNIGHT MAIL
Clerk to the Board
P.O. Box 758
915 10th Street
Greeley, CO 80632
Re: Longview Community, LLC Agreement
Dear Clerk to the Board:
•
Enclosed please find two (2) duplicate original documents of the Off-Site
Improvement Reimbursement Agreement. It is my understanding that
you may be able to consider this agreement at your February 6, 2002
meeting.
Please review the agreement and advise me of your decision. I can be
reached at 303-874-7036. I look forward to hearing from you shortly.
Sincerely,
Rebecca L. Barth
Regional Manager
cc: Lee Morrison (with enclosures)
Chateau Communities,Inc.
6160 S.Syracuse Way ■Greenwood Village,CO 80111 ■ 303-741-3707 • Fax:303-741-3715 n z-a I
www.chateaucomm.com•NYSE:CPJ OS _(/JAI
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