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Home My WebLink About20051115.tiff RESOLUTION RE: APPROVE AGREEMENT FOR IMPROVEMENTS FOR WELD COUNTY ROAD 38 ROAD STABILIZATION FOR DUST CONTROL AND AUTHORIZE CHAIR TO SIGN - BRITTARA LAND 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,the Board has been presented with an Agreement for Improvements for Weld County Road 38 Road Stabilization for Dust Control between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works,and Brittara Land Company, P.O. Box 547,Windsor,Colorado 80550,with further 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 Agreement for Improvements for Weld County Road 38 Road Stabilization for Dust Control between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works,and Brittara Land Company 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 4th day of April, A.D., 2005. BOARD OF COUNTY COMMISSIONERS .44 EL WELD COUNTY, COLORADO �� EXCUSED 1861 r� 9 — 1i i t iWilliam H. erke, Chair . C."reiy`;Clerkto the Board ; e® 7/ c�- �� (',,P;r) /, ,/f M. J. eile, Pro-Tem to.Deputy Clerk tdthe Board — EXCUSED Dd7. Long A V AS � � (/� Robert � n ounty Afto ney P, J- Date of signature: .4Z41)- 2005-1115 EG0052 Kia ts MEMORANDUM CTO: Clerk to the Board DATE: March 24, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item 1. Long-Term Road Maintenance Agreement with Brittara Land Company(AmUSR- 935) 2. Agreement for Improvements for WCR 38 Road Stabilization for Dust Control with J Brittara Land Company (AmUSR-935) The appropriate documentation is attached. Enclosures pc: Keith Meyer, Engineering Division Manager Donald Carroll, Public Works Engineering Administrator M:\FranciekAgendaDonald.doc • y" __) T? ;n 0 M: \Francie\AgendaDonald. doc /l/S 979 AGREEMENT FOR IMPROVEMENTS FOR WCR 38 ROAD STABILIZATION for Dust Control THIS AGREEMENT is made and entered into this _1 day of March , in the year 2005, by and between BRITTARA LAND COMPANY, developer of AmUSR-935 Site, hereinafter referred to as "Developer", with an address P.O. Box 457, Windsor, Colorado 80550, 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 an AmUSR-935, hereinafter referred to as the "Development,"and WHEREAS, WCR 38 from WCR 13 west to the western limit of the Development, 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 ' mile, and WHEREAS, WCR 38 abuts a portion of AmUSR-935, WCR 38 for access to the Development, and WHEREAS, AmUSR-935, requires 3,960 feet of WCR 38 and will constitute 19 percent of the participation for the Road, and WHEREAS, the proportional costs of STABILIZATION for the Road attributable to the traffic generated by the Development using the Road, is estimated to be $7,611.00. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follow: 1. TERM A. The term of this Agreement shall be from the date first written above to the completion of STABILIZING the Road and final accounting by County and payment of all land development charges by the Developer for the accessing the Road, or(5) five years if WCR 38 is not STABILIZED. 2. OBLIGATIONS OF THE COUNTY A. Weld County shall STABILIZE the road, within (5) five years of the date first written above, the Road at a current estimated cost of$40,148. The stabilization improvements are anticipated to be for two 13-foot travel lanes designed in accordance with generally accepted engineering practices but the actual design shall be at the discretion of Weld County. Page 1 of4 I'llll "III VIII II'll 'lll' IIIIII 'lllll III IIII IIII IIII M\WPPIIPSUGREEMNMotl-ImpoWWCR 38,Bnuvlatl ComMT�M1� 3280979 04/27/2005 11:32A Weld County, CO 20054115 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 (5) 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 19 percent of the total cost of STABILIZING WCR 38. If additional traffic is generated prior to STABILIZING WCR 38, such that the percentage of traffic generated by the development is less than 19 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. The Developer agrees to escrow monies. The escrow account shall be set up according to Paragraph 4 herein. B. The Developer shall not be released from this obligation unless County does not STABILIZE the road within the time frame set forth in paragraph 2.C. herein. In no event shall Developer's obligation under this Agreement exceed $7,611.00 subject to adjustment to a higher or lower figure from the first quarter of 2005 to the year and quarter in which the contemplated work is being performed based on "The State Highway Bid Price index contained in the "Quarterly Cost report" of The Engineering News-Record as published by The McGraw-Hill Companies. 4. ESCROW AGREEMENT, the terms of which will be subject to review by the County that provides at least the following: A. The cash in escrow when fully funded is $7,611.00. 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. 111111111111111111111111111111111111111111 I111I III1 IIII 3280979 04/27/2005 11:32A Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 2 of 4 \WPFILES\XGREEMNTRoad-ImprovW/CR 38.Btitaa lmd Compny-a6.hc 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. 9. BINDING This agreement shall be binding on the heirs, successors, and assigns of the parties. 1111111 11111 11111 11111 11111 111111 111111 III 11111 1111 1111 3280979 04/27/2005 11:32A Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 3 of 4 M\WPFlLPSUGREEMNTPoad-Im,emAWCR 38,Brame Land Cmp®y-agr do. MAR-23-05 WED 02:22 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 4 IN W "'MSS WHERF,OF the patties hereto have signed this Agreement this _ 4'day of. ,200 BY: BRI'1TARA LAND COM ANY Dev lop r BOARD OF COUNTY COMMISSIONERS WELD COUNT COLORADO PeorTesirhaimlan , M. J. Gene 04/04//2005 A /247 s • Weld County Clerk to the Board N6' ��- sta uty Clerk to Board ,(� QV , AST►. :Co A ey 1111111 IIIII IIIII IIIII IIIII 111111111111 III 1111111111111 3280979 04/27/2005 11:32A Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 4 of 4 WOMI,IIPMREMM' naadmin AWfN]i UiPa Ia4 t• 'F•yal,-As g0054115 Cost Estimating for Offsite Improvements Agreement 24-Mar-2005 DRC Weld County Road 38 stabilization for 3,960-feet east of CR 13. Weld County Public Works Dept. Two 13-foot lanes =26-feet. one-mile estimate one-mile 75% Material Quantity Units Cost per Unit Total Cost Percent Cost Street Grading 2,542 yd^3 $1.979 yd^3 $5,031 $3,773 Street Base (Class 6) 2,542 ydA3 $14.19 yd^3 $36,071 $27,053 Chemical Stabilization 15,253 ydA2 $0.71 yd^2 $10,830 $8,122 (DC2000) Engineering& Supervision Costs (fixed) $1,200 $1,200 Grand Total = I $53,131 I $40,1481 =%Total Estimate of Quantities Material Length Width Depth Area Area Volume Volume Weight feet feet feet ftA2 yd^2 ft^3 yd^3 _ ton Street Grading 5,280 26 0.5 - - 68,640 2,542 - Class 6 5,280 26 0.5 - - 68,640 2,542 - Chemical 5,280 26 - 137,280 15,253 - - - Percentage of the Section Mile Applicant Part.(ft.) Total ft. Percentage Participation 3,960 5,280 75% Proportional Sharing Applicant Total Proportional Proportional Traffic Traffic Share Cost 40 211 19% $7,611 11t WUIIIIIINniIIIIII111111IIAt1111/III 3280979 04127/2005 & Recorder 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk Page 5 of 5 Hello