HomeMy WebLinkAbout20050756.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR REIMBURSEMENT OF LEGAL FEES AND EXPENSES
AND OF FEES FOR REAL ESTATE CONSULTATION AND APPRAISAL AND
AUTHORIZE CHAIR TO SIGN - GEORGE AND BONITA ADAM
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 Reimbursement of Legal
Fees and Expenses and of Fees for Real Estate Consultation and Appraisal 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 George and Bonita Adam, 11684 Weld County
Road 5.5, Longmont, Colorado 80501, 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 Reimbursement of Legal Fees and Expenses and of Fees
for Real Estate Consultation and Appraisal 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 George and Bonita Adam 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
ing vote on the 7th day of March, A.D., 2005.
�� ► �� i
- � BOARD OF COUNTY COMMISSIONERS
1
, *At La
=, � WELD COUNTY, COLORADO
ST . .
William H. Je , Chair
Clerk to the Board
eeil o- m
ck/
Deputy Clerk t the Bo Un
David E. Long
(Ply)AS EXCUSED
` Robert D. Masden
ounty Att ey
EXCUSED
-51/ /� - Glenn Vaad
Date of signature:
2005-0756
EG0052
0n: /960, f4n 03/--��
AGREEMENT FOR REIMBURSEMENT
OF LEGAL FEES AND EXPENSES AND OF FEES FOR
REAL ESTATE CONSULTATION AND APPRAISAL
THIS AGREEMENT is made and entered into this 3rci day of / -(GLrC
2005, by and between the County of Weld, a political subdivision of the State of Colorado, by
and through the Board of County Commissioners of Weld County, Colorado, on behalf of its
Public Works Department, hereinafter referred to as "Weld County," with offices located at 915
Tenth Street, Greeley, Colorado 80631, and George and Bonita Adam, hereinafter referred to
collectively as "the Adams,"whose address is 11684 Weld County Road 5'h, Longmont,
Colorado 80501.
WITNESSETH:
WHEREAS, Weld County is currently reviewing alternative right-of-way placements for
the improvement and extension of Weld County Road ("WCR") 7, to be approximately located
on the section line between Sections 3 and 4, Township 2 North, Range 68 West of the 6th P.M.,
Weld County, Colorado, and
WHEREAS, the Adams own property located in the NE 1/4 of Section 4-2-68 (the
"Adams' property"), and
WHEREAS, one or more of the alternative rights-of-way could be located on the Adams
property, and discussions and negotiations have occurred between the Adams and their legal
representative, and representatives of Weld County, regarding the right-of-way alternatives,
improvement plans, project schedules, Weld County's proposed option agreement, and Weld
County's request for access to the Adams' property for the purpose of conducting surveys, and
WHEREAS, such discussions and negotiations have required the expenditures by the
Adams for legal fees and expenses and fees for real estate consultation and appraisal, and
WHEREAS, the parties hereto agree that compensation to the Adams to reimburse them
for their expenditures for such fees and expenses is warranted, in accordance with the terms of
this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM.
The term of this Agreement shall be from the date first written above to and until such
time as Weld County acquires right-of-way from the Adams for said improvements
project (through purchase or condemnation proceedings), or four years after the date first
written above, whichever occurs sooner.
Page 1 of 3 Pages
2. REIMBURSEMENT BY WELD COUNTY FOR LEGAL FEES AND EXPENSES
AND FEES FOR REAL ESTATE CONSULTATION AND APPRAISAL PAID BY
THE ADAMS.
The Adams have paid to Packard and Dierking, LLC, the sum of $16,396.60 for legal
fees and expenses incurred in the course of their participation in discussions and
negotiations regarding the right-of-way alternatives, improvement plans, project
schedules, Weld County's proposed option agreement, and Weld County's request for
access to the Adams' property for the purpose of conducting surveys for alternative right-
of-way placements for the improvement and extension of WCR 7, to be approximately
located on the section line between Sections 3 and 4, Township 2 North, Range 68 West
of the 6`h P.M., Weld County, Colorado. The Adams have also paid the sum of$2,000.00
to Berry and Associates Real Estate Appraisers, LLC, for an appraisal of a portion of the
Adams' property being considered for acquisition by Weld County for said WCR 7
improvement project.
Weld County agrees to reimburse the Adams, according to the following understandings:
a. Upon signing this Agreement, Weld County will pay to the Adams the sum of
$2,000.00 for reimbursement of the entire fees paid by them to Berry and Associates
Real Estate Appraisers, LLC, for real estate consultation and appraisal, without
seeking offset of such fees against the proceeds, if any, received by the Adams from
Weld County for the taking of right-of-way.
b. Upon signing this Agreement, Weld County will pay to the Adams the sum of
$16,396.60 for reimbursement of the entire fees paid by them to Packard and
Dierking, LLC. Offset against the proceeds, if any, received by the Adams from
Weld County for the fair market value of right-of-way taken for the WCR 7
improvements project will be the lesser of the $16,396.60 or seven percent (7%) of
such proceeds. Under no circumstances shall the Adams be obligated to repay the
County any portion of the $16,396.60 other than as an offset against the proceeds
received by the Adams from Weld County for the taking of right-of-way.
c. The terms stated in this Section shall apply to and bind the heirs and successors in
interest to the Adams' property.
3. MISCELLANEOUS PROVISIONS.
a. 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 that any entity
other than the undersigned parties receiving services or benefits under this Agreement
Page 2 of 3 Pages
shall be an incidental beneficiary only.
b. 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.
'�+ IN WITNESS WHEREOF, the parties hereto have signed this Intergovernmental
,this r ay of Ma�4 , 2005.
n COUNTY OF WELD, STATE OF
is.t ({: : �U1 COLORADO, by and through the Board of
:1�:'a
1 , •' County Commissioners of Weld County
,r. prr Irk to the Board
`gip::s%,/ L�� By: T yi ),-,, C
De uty Clerk to the Board William H. Jerke, Chairman
r--
SAkMr DOTSON
Notary Publicale of Colorado Re�„ .
• orge Adam
SUBSCRIBED AND SWORN to before me this Y`Iday of Fry la/lick 2005.
WITNESS my hand and official seal.
Utti\ A)4//6 I?- -----
My commission iplews:::: I
7 art'Public
SARAHTSONota bic
Skis Cora ,fr �lrr/- - - - - cA�cB�onita Adam
Y`
SUBSCRIBED AND SWORN to before me this Y day of 610- -Ort' , 2005.
WITNESS my hand and official seal. r
I
p N tart'Public
My commission expires: / 1 ( D i
Page 3 of 3 Pages
aO0S- 0757
PackardDierking
ATTORNEYS AT L A W
RENITA M. JOLLEY
renita@pacicarddierking.com
March 4, 2005
fih1EtvEr\
VIA FEDERAL EXPRESS
MAR 0 7 as
Bruce Barker, Esq.
Weld County Attorney WELD COUNTY
915 10th Street, 3th Floor .ATTORNEY'S OFFICE
Greeley, Colorado 80631
Re: Agreement for Reimbursement of Legal Fees and Expenses
Dear Mr. Barker:
I have enclosed with this letter two counterparts of the above-referenced document,
executed by our clients, George Adam and Bonita Adam. Please keep one counterpart for your
files and forward to me a counterpart executed by William H. Jerke, on behalf of Weld County,
along with a check for the appropriate sum, at your earliest convenience.
Please contact Bruce or me if you anticipate a substantial delay in returning an executed
copy of the Agreement and the required funds.
Very truly yours,
9)-d/A-F-,
Renita M. Jolley
Enclosures (2)
cc: George and Bonita Adam (via fax; w/o encl.)
Packard and Dierking, LLC Attorneys at Law
WaterStreet Voice: 303.447.0450
2595 Canyon Boulevard Fax: 303.447.0451
Suite 200 www.packarddierking.com
Boulder, Colorado 80302
OO5-7-0737
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