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1856221 Li°^P-2�,--;44f.- ;v
Rec. No. tak
RESOLUTION 45-1
State of Colorado Weld County Clerk & Recorder
RE: RESCIND RESOLUTION DATED JULY 7 , 1980 APPROVING' THE ROAD
IMPROVEMENT AGREEMENT BETWEEN WELD COUNTY AND HEWLETT
PACKARD COMPANY AND APPROVAL OF REVISED ROAD IMPROVEMENT
AGREEMENT.
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 7 , 1980, the Board of County Commissioners
adopted a Resolution approving a road improvement agreement
between Weld County and Hewlett Packard Company, and
WHEREAS, said road improvement agreement has been revised
and the Board, therefore, deems it advisable to rescind said
resolution of July 7 , 1980, and
WHEREAS, the Board of County Commissioners further deems
it advisable to approve the revised road improvement agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the resolution of
July 7, 1980 approving the road improvement agreement between
Weld County and Hewlett Packard Company be, and hereby is ,
rescinded.
BE IT FURTHER RESOLVED by the Board of County Commissioners
of Weld County, Colorado that the revised road improvement agree-
ment be, and hereby is, approved.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 21st day of
July, A.D. , 1980 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: IC , / ``' WELD COUNTY, COLORADO
Weld County Clerk and Recorder /, j�• )(: LLy (Aye)
and Cler to the Board C. W. Kirby,e, (Aye)
Y 1 k � �' rE /C.1 L.eit
((�� p (Aye)
e uty County Clerk CI)
�/ -- (Aye)
er Pro-Tem 4.1 APPROVED- AS,TO FORM:
j Norman Carlson
(Aye)
P 1 - n'County Attorney /Ly i Dunbar
l /e y- f/ /2/17/49 AYe)
J,u e K. St nmark
800029
DATE PRESENTED: JULY 23 , 1980
(0°934 1856221
5-a
ROAD IMPROVEMENT AGREEMENT
THIS AGREEMENT made and entered into this /'`1 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 purchase
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 that subsequent to the exercise of the abovementioned option
to purchase and prior to the construction of the improvements set
forth above 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
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004934 25-5
Developer and approved by the County. The technical
specifications and standards of said improvement shall
comply with the Subdivision Regulations 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 100 foot right-of-way, (i .e. , 50 feet on
either side of the centerline) on 71st Avenue between
West 10th Street and West 4th Street . 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 centerline) 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 the sum of FIFTY THOUSAND DOLLARS ($50, 000) toward
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 above-mentioned
option to purchase.
4 . The County shall make payment to the Developer as the
design, engineering, and construction of said improvements
take place. Such payments shall be 50% of the total cost
of such improvements , but in no event shall the cumulative
total of the County' s payments exceed FIFTY THOUSAND
DOLLARS ($50, 000) . Payments shall be made upon presentation
by the Developer of invoices from the designers,
engineers or contractors of said improvements . The
County shall pay to the Developer 50% of the invoice
amount minus 10% of said 50% . Said 10% retention shall
be paid to the Developer upon completion of Phase I
of the project as Phase I is described in the letter
-2-
11',')4;?,:"
t 934 6 -4
between the parties dated July 2 , 1980 and acceptance
of the avenue by the Weld County Engineer . In the
event total payments, including the retention, do not
equal FIFTY THOUSAND DOLLARS ($50, 000) , then the final
payment to the Developer will be an amount which,
together with prior payments and retention, shall equal
FIFTY THOUSAND DOLLARS ($50, 000) •
5 . The Developer shall be totally responsible for the
design, engineering and construction of said project.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By ii://,/, (l/
Chairman
STATE OF COLORADO )
SS:
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to
before me this 'day of 2( , 1980 , by O,
60 Kt c.//
WITNESS my hand and offic ' 1 seal
My Commission expires I)// 7.,- fp -2 ---
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Nota y P bl}c
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STATE OF COLORADO )
Sit 4rA CcARA ) ss:
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to
before me this 47F.21
day of .bit y' , 1980, by
W . Q,CuCL` Wheets/ '
WITNESS my hand and official seal .
My Commission expires ,5 /a)/r,3'
nit
ONSUE Ht SEAL r
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,$ 934 1856221.
5-6
HAMMONEI CLARX AMID WHITE
LAW OFFICES
FIRST NATIONAL BANK BUILDING • P. D.Box 701
LOVELAND,COLORADO 80537
303-587-1023
LYNN A.HAMMOND
ROGER E.CLARK
GREGORY A.WHIT£
July 18 , 1980
Mr. Donald D. Warden
Director of Finance
CITY OF GREELEY
919 7th Street
Greeley, Colorado 80631
Dear Don:
Attached hereto are three copies of the proposed road
agreement which has been redrafted pursuant to our conver-
sations .
The only changes are those which we have discussed;
however, if there are questions, give me a call. A copy of
this agreement has been sent to California and they have no
objection to the form. Upon execution, if you would send
two copies to me, I will see that one is executed and
promptly returned to you.
Your cooperation in this matter has been greatly
appreciated.
Very truly yours,
Lynn A. Hammond
LAH:bb
Enclosures/3
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