HomeMy WebLinkAbout800830.tiff RESOLUTION
RE: APPROVAL OF ROAD IMPROVEMENT AGREEMENT BETWEEN WELD COUNTY
AND HEWLETT PACKARD COMPANY
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, a Road Improvement Agreement between Weld County
and Hewlett Packard Company has been presented to the Board of
County Commissioners, and
WHEREAS, said Agreement sets forth the rights and obliga-
tions of the parties concerning the development of certain land
located in Weld County, more particularly described as follows:
Southeast Quarter of Section 5 , West
Half of Section 4 , and that part of
the Northeast Quarter, Section 4 ,
lying North and West of Sheep ' s Draw,
all in Township 5 North, Range 66
West of the 6th P.M. , Weld County,
Colorado.
WHEREAS, a letter dated July 2 , 1980 from A. E. Bamesberger
of Hewlett Packard Company has been presented to the Board
requesting concurrence concerning Phase I development work and
WHEREAS, the Board of County Commissioners has studied the
Road Improvement Agreement and the letter of July 2 , 1980 and
deems it advisable to approve the Agreement and authorize the :
Chairman' s signature on the Agreement and the letter of July 2,
1980 .
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Road Improvement
Agreement between Weld County and Hewlett Packard Company be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of
the Board is hereby authorized to sign the Agreement and letter
dated July 2 , 1980 .
/.7
800830
J
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 7th day of
July, A.D. , 1980.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
// ^-4-fy (Aye)
C. W.. Ki y, chairman
Qo„etci g. iRet. (Aye)
eonard L. Roe, Pro-Tem
dr.44 rJ 6%.-- (Aye)
Norman Carlson
(ABSENT)
L Dun)bar//
9ZCI� L , jdiA, /Ye)
K. Steinmark
ATTEST: %friseilL &tad r/
Weld County Clerk and Recorder
and Clerk to the Bo
p : �v i
eputy Count lerk
PP O D AS TO FORM:
G
County Attorney
DATE PRESENTED: JULY 9 , 1980
ROAD IMPROVEMENT AGREEMENT
THIS AGREEMENT made and entered into this 7th day of
July, 1980, by and between the COUNTY OF WELD, State of Colorado,
hereinafter called "County" and the HEWLETT PACKARD COMPANY,
hereinafter called "Developer" .
WHEREAS, the Developer is the holder of an option to pur-
chase land located in the Southeast Quarter of Section 5 , West
Half of Section 4 , and that part of the Northeast Quarter, Section
4 , lying North and West of Sheep' s Draw, all in Township 5 North,
Range 66 West of the 6th P.M. , Weld County , Colorado on which the
Developer desires to construct a manufacturing plant, and
WHEREAS, the Developer has been granted a Change of Zone
from A-Agricultural to S-Scientific on said lands to allow said
development, and
WHEREAS , as a condition of said Change of Zone, the County
has required the Developer to make certain improvements and
dedicate certain right-of-ways on 71st Avenue (County Road 29)
between West 10th Street and West 4th Street, with the County
to contribute up to FIFTY THOUSAND DOLLARS ($50 , 000) of the
costs of said improvements , and
WHEREAS,_the parties` hereto desire to enter into this
Agreement in order to set forth with specificity the parties '
rights and obligations.
NOW, THEREFORE, for and in consideration of the mutual cov-
enants and conditions hereinafter set forth, the parties. mutually
agree as follows :
1. The Developer agrees , pursuant to the condition of the
Change of Zone stated above, that it will contract for
the improvement of 71st Avenue between West 4th Street
and West 10th Street so that said Avenue is upgraded
to the specifications and standards set forth in a
traffic engineering study to be performed by the
Developer and approved by the County.
- / _ ,- i .
The technical specifications and standards of said
improvement shall comply with the Subdivison Regula-
tions of the City of Greeley, Colorado, Section 4 , and
the Project Management Manual of the City of Greeley .
2. The Developer agrees, pursuant to the condition of the
Change of Zone stated above , that it will dedicate. to
the County a 100foot right-of-way, (i.e. , 50 feet on
either side of the centerline) on 71st Avenue between
West 10th Street and West 4th Street. Subsequent to
the exercise of the abovementioned option to purchase
and prior to the construction of the improvements set
forth above. The Developer further agrees that it
will provide an additional 50 feet of right-of-way
(i. e. , 25 additional feet on each side of the center-
line) at no further cost to the City of Greeley or
the County as may be required by the City of Greeley
in compliance with its transportation plan or as
modified by mutual agreement of the parties.
3. The County hereby agrees to pay up to FIFTY THOUSAND
DOLLARS ($50 , 000) for the upgrading of 71st Avenue in
the manner set forth in paragraph 1 above, provided
however that the County shall in no event pay more
than 50% of the total cost of the design, engineering,
and construction of said avenue. The County shall not
be bound to make any payment under the terms of this
Agreement prior to the exercise by the Developer of the
abovementioned option to purchase.
4. The County shall make payment of said FIFTY THOUSAND
DOLLARS ($50, 000) or 50% of the total cost, whichever
amount is less, to the Developer in installments as the
design, engineering, and construction of said improve-
ments take place. Upon presentation by the Developer
of invoices from the designers, engineers , or constructors
of said improvements, the County shall pay to the Developer
50% of the invoice amount minus 10% of said 50% . Said
-2-
1O% retention amount shall be paid to the Developer
upon completion of the project and acceptance of the
avenue by the Weld County Engineer.
5. The Developer shall be totally responsible for the
design, engineering, and construction of said project.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By : 7, 11.4-117'
Chairman
State of Colorado )
ss .
County of Weld
The foregoing instrument was subscribed and sworn to before
me this 7th day of July , 1980 by C. W. Kirby, Chairman Board
of Weld County Commissioners •
WITNESS my hand and official seal.
My commission expires : "//T- //f Z' r� j
C /.,.. ✓.<C� \�1JI -lit)
•Notary Publ
(/
HEWLETT PACKARD COMPANY
By:
State of Colorado )
ss.
County of Weld
The foregoing instrument was subscribed and sworn to before
me this day of , 1980 by
WITNESS my hand and official seal.
My commission expires :
Notary Public
-3-
July 2, 1980
Board of County Commissioners
Weld County
Courthouse
Greeley, Co. 80631
RE: Road Improvements
Hewlett-Packard Company
Dear Board Members:
On May 7, 1980, I communicated with you concerning
road improvements incident to Hewlett-Packard' s rezoning
application to the Rothe Farms. The purpose of my May 7th
letter was to document Hewlett-Packard' s position with regard
to these improvements for your consideration prior to your
final decision to rezone . As part of this communication, it
was indicated that a traffic study would be prepared and
presented to the County so that there would be a mutual under-
standing as to improvements required as the development
progresses.
In our discussions, we have been primarily concerned
about the immediate improvements that would be required in
Phase I of the project which would include the construction of
up to two buildings . Mr. Southwell of CH2M Hill presented to
you on June. 30, . 1980 a summary of his report and, with reference
to.Phase,_I, the._followingimprovements were suggested: '
Fourth Street
No Additional Improvements necessary.
71st Avenue
Two-lane paving (it is presently gravel) from U.S. 34 to
Fourth Street. (1 north bound and 1 south bound lane) ,
plus a 250 foot lane for south bound left turns at the
U.S. 34 intersection.
Highway 34
575 foot decleration lane for west bound right turns,
plus a 600 foot acceleration lane for south bound right
turns , plus a 515 foot lane for east bound left turns .
I
Board of County Commissioners
July 2 , 1980
Page 2
It is my understanding that there is concurrence on
your part with Mr. Southwell ' s recommendations. In talking
with Mr. Don Warden yesterday, I indicated that upon affirma-
tive action being taken on the options, that Hewlett-Packard
would proceed with the necessary planning and engineering
incident to the improvements . Consistent with some of your
past practices, he indicated that it would be in order for us
to pay invoices for the engineering and work involved in such
improvements, submit such invoices to the County for fifty
percent (50%) reimbursements subject to your maximum commit-
ment of $50, 000. 00. _.
So that I might report concurrence on our understanding
of Phase I development work to be completed, it would be
appreciated if you would acknowledge your mutual understanding
as provided below.
Sincerely,
�
A. E. Bamesberger
Hewlett-Packard mpany
1501 Page Mill Road
-- - - -- - _ - .., _ .. --. Palo- Alto, California 94304
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Read and approved this I.6"
day of July, 1980.
BOARD OF COUNTY COMMISSIONERS
BY !°'. /,C: :�-y/
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