HomeMy WebLinkAbout20051288.tiff RESOLUTION
RE: APPROVE SUBDIVISION IMPROVEMENT AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - FORT LUPTON
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 a Subdivision Improvement Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,and Fort Lupton,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 Subdivision Improvement Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and Fort
Lupton 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 27th day of April, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
lEias WELD COUNTY, COLORADO
1861 v% .S U%r ( �Gt
1 ' � William H. J , Chair
;4 7,2 i i ( Clerk to the Board
®=N*✓ M. J. i Pro Tem
Deputy Clerk to the Board
D ' E. Long
APPROV D ORM:
Rob D. Masden
aunty Attorney TL
9A3� Glenn Vaad —
Date of signature: n/
2005-1288
BC0035
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2005, by and between
the CITY OF FORT LUPTON, a municipal corporation, in the County of Weld, State of Colorado,
hereinafter referred to as the "City," and WELD COUTNY GOVERNMENT, a duly organized local
taxing District, hereinafter referred to as "Developer", together referred to as the "Parties".
WHEREAS, the Developer submitted the Final Plat of the SOUTHEAST WELD SUBDIVISION
(the "Plat") on , 2005, which Plat depicts the proposed project (the "Development") to be
constructed by Developer on the property depicted on the plat which is the "Subject Property".
WHEREAS, Developer is required to construct certain public improvements (the "Improvements")
as a condition of site plan and subdivision approval for the Development, and
WHEREAS, Section 17-26(a)(2) of the City of Fort Lupton Municipal Code requires that a
subdivision agreement for public improvements be executed by the subdivider and the City and
recorded in the office of the Weld County Clerk and Recorder, and
NOW, THEREFORE, in consideration of the foregoing, the Parties promise, covenant and
agree as follows:
1.0 GENERAL CONDITIONS
1.1 Development Obligation. Developer shall be responsible for performance of the
covenants set forth herein. Unless as otherwise amended within this agreement, the Developer shall
be responsible for performance of all requirements in this agreement.
1.2 Engineering and Surveying Services. Developer agrees to furnish, at its expense, all
necessary engineering and surveying services relating to the design layout and construction of the
improvements (the "Improvements") depicted on Exhibit "A" attached hereto and fully incorporated
herein by this reference. Said engineering services shall be performed by or under the supervision of a
Registered Professional Engineer or Registered Land Surveyor, or other professionals as appropriate,
licensed by the State of Colorado, and in accordance with applicable Colorado law, and shall conform
to the standards and criteria for public improvements as established and approved by the City as of the
date of submittal to the City.
1.3 Construction Standards. Developer shall construct all Improvements required by this
Agreement, in accordance with plans and specifications approved in writing by the City, in
conformance with all applicable codes and ordinances as adopted by the City, and in full conformity
with the City's construction and specifications applicable at the time of actual construction.
1.4 Development Coordination. Unless specifically provided in this Agreement to the
contrary, all submittals to the City or approvals required of the City in connection with this Agreement
shall be submitted to or rendered by the City Administrator, or his designee, who shall have general
responsibility for coordinating development with Developer.
1.5 Construction Acceptance and Warranty. No later than ten (10) days after the
Improvements are completed, Developer shall request inspection by the City. If Developer does not
request this inspection within ten (10) days of completion of the Improvements, the City may conduct
the inspection without the approval of Developer. Developer shall provide "as-built" drawings no later
than thirty (30) days after the Improvements are completed. If the Improvements completed by
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Developer are satisfactory, the City shall grant construction acceptance ("Construction Acceptance"),
which shall be subject to final acceptance ("Final Acceptance") as set forth herein. If the
Improvements completed by Developer are unsatisfactory, the City shall provide written notice to
Developer of the repairs, replacements, construction or other work required to receive Construction
Acceptance. Developer shall complete all needed repairs, replacements, construction or other work
within thirty (30) days of said notice, weather permitting. After Developer does complete the repairs,
replacements, construction or other work required, Developer shall request a reinspection of such work
to determine if Construction Acceptance can be granted. No certificate of occupancy shall be issued
by the Building Division until the City has granted the Construction Acceptance.
1.6 Final Acceptance. At least thirty (30) days before one (1) year has elapsed from the
issuance of Construction Acceptance, or as soon thereafter as weather permits, Developer shall
request a Final Acceptance inspection. The City shall inspect the Improvements and shall notify the
Developer in writing of all deficiencies and necessary repairs. After Developer has corrected all
deficiencies and made all necessary repairs identified in said written notice, the City shall issue to
Developer a letter of Final Acceptance.
1.7 Testing and Inspection.
(a) At all times during construction of the public improvements, the City shall have
access to inspect materials and workmanship, and all materials and work not conforming to the
approved plans and specifications shall be repaired or removed and replaced at Developer's expense
so as to conform to the approved plans and specifications.
(b) The developer will pay the City for the cost of oversight of the construction of the
public improvements. The developer will advance the estimated cost of oversight by a Civil Engineer,
or other qualified inspectors, of the construction and installation of such improvements before
construction may begin. The City Engineer or the City's designee shall determine the amount of
oversight required, after consultation with the developer and consideration of any permit fee.
(c) All work shown on the Improvements plans requires Inspection by the City.
Inspection services are provided Monday through Friday, except legal holidays, from 8:00 a m. to 4:00
p.m. During the hours listed above and except as otherwise provided for in advance, inspections shall
be scheduled a minimum of three (3) business days in advance.
1.8 Indemnification and Release of Liability. Developer agrees to defend, indemnify and
hold harmless the City, its officers, employees, agents or servants, and to pay any and all judgments
rendered against said persons on account of any suit, actions or claim caused by, arising from, or on
account of acts or omissions by the Developer, its officers, employees, agents, consultants, contractors
and subcontractors; provided, however, that Developer's obligation herein shall not apply to the extent
said suit, action or claim results from any acts or omissions of officers, employees, agents or servants
of the City. Said obligation of Developer shall be limited to suits, actions or claims based upon conduct
prior to Final Acceptance by the City of the construction work. Developer acknowledges that the City's
review and approval of plans for development of the Subject Property is done in furtherance of the
general public's health, safety and welfare and that no immunity is waived and no specific relationship
with or duty of care to, the Developer or third parties is assumed by such review approval.
2.0 CONSTRUCTION OF IMPROVEMENTS
2.1 Rights-of-Way. Easements and Permits. Before the City may approve construction
plans for any Improvements herein agreed upon, Developer shall acquire, at its own expense, all
rights-of-way and easements depicted on the Plat, as required by the City for the construction of the
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Improvements. All such conveyances shall be free and clear of liens, taxes and encumbrances and
shall be by deed, easement, and license, agreement in form and substance acceptable to the City
Administrator or the Administrator's designee. All title documents shall be recorded at the Developer's
expense.
3.0 STREET IMPROVEMENTS
3.1 Specifications. All street improvements curb, gutter and sidewalks and appurtenances
thereto shall be constructed and installed so as to meet or exceed City-approved plans, specifications
and the Improvements described on Exhibit"A", including both on-site and off-site Improvements.
4.0 WATER MAINS
4.1 Specifications. All water mains, lines and appurtenances thereto shall be constructed
and installed so as to meet or exceed City-approved plans, specifications and the Improvements
described on Exhibit"A", including both on-site and off-site Improvements.
5.0 SEWER MAINS
5.1 Specifications. All sewer lines and appurtenances thereto shall be constructed and
installed so as to meet or exceed City-approved plans, specifications and the improvements described
on Exhibit "A", including both on-site and off-site Improvements.
6.0 STORMWATER IMPROVEMENTS
6.1 Specifications. All storm water drainage improvements and appurtenances thereto
shall be constructed and installed so as to meet or exceed City-approved plans, specifications and the
improvements in accordance with the accepted plan, including both on-site and off-site improvements.
7.0 OTHER IMPROVEMENTS
7.1 Trash, Debris, Mud. Developer agrees that, during construction of the Development
and Improvements described herein, Developer shall take any and all steps necessary to control trash,
debris and wind or water erosion in the Development. Developer agrees to take any and all steps
necessary to prevent the transfer of mud or debris from the construction site into public rights-of-way
and to immediately remove such mud and debris from public rights-of-way after notification by the City.
7.2 Erosion Control and Sedimentation Plan. The Developer submitted an erosion
control and sedimentation plan which was approval by the City Engineer.
7.3 Water Dedication. Developer agrees to dedicate to the City the appropriate water
required by the applicable City Codes and regulations and deliverable to the City Water Treatment
Plant at the time of development or when developer chooses to purchase a water tap for the site.
7.4 On-Site Inspector Requirements. Developer agrees to pay for the services of an
inspector to be on the job site when the public improvements are being constructed as determined by
the City. This inspector will report directly to the Public Works Manager and the City Engineer during
the entire time the improvements listed in this agreement are under construction by the Developer and
contractors. The fee for this inspector will be established at the time of the construction of the public
improvements.
8.0 MISCELLANEOUS TERMS
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8.1 Local Codes and Ordinances. In addition to any of the items listed in this Agreement,
all construction in the Development is subject to all local Codes and Ordinances as adopted by the City
subject to exceptions agreed or granted.
8.2 Recording of Agreement. The City shall record this Agreement at Developer's
expense in the office of the Clerk and Recorder, County of Weld, State of Colorado, and the City shall
retain the recorded Agreement.
8.3 Binding Effect of Agreement. This Agreement shall run with the land included within
the Development and shall inure to the benefit of and be binding upon the successors and assigns of
the parties hereto.
8.4 Modification and Waiver. No modification of the terms of this Agreement shall be valid
unless in writing and executed with the same formality as this Agreement, and no waiver of the breach
of the provisions of any section of this Agreement shall be construed as a waiver of any subsequent
breach of the same section or any other sections which are contained herein.
8.5 Notices. Any notice or communication required or permitted hereunder shall be given
in writing and shall be personally delivered or sent by United States mail, postage prepaid, registered
or certified mail, return receipt requested, addressed as follows:
CITY: City Administrator
City of Fort Lupton
130 South McKinley Avenue
Fort Lupton, Colorado 80621
DEVELOPER: Weld County Government
915 10th Street
Greeley, Colorado 80631
Or to such other address or the attention of such other person(s) as hereafter designated in writing by
the applicable parties in conformance with this procedure. Notices shall be effective upon mailing or
personal delivery in compliance with this paragraph.
8.6 Force Majeure. Whenever Developer is required to complete construction,
maintenance, repair or replacement of Improvements by an agreed upon deadline, the City shall grant
a reasonable extension of time if the performance cannot, as a practical matter, be completed in a
timely manner due to acts of God or other circumstances constituting force majeure or beyond the
reasonable control of the Developer.
8.7 Approvals. Whenever approval or acceptance of a matter is required or requested of
the City pursuant to any provisions of this Agreement, the City shall act reasonably in responding to
such matter, and no such approval or acceptance shall be unreasonably withheld or delayed.
8.8 Title and Authority. Developer warrants to the City that it is the record owner of the
Subject Property upon which the Development shall be constructed or is acting in accordance with the
authority of the owner. The undersigned further warrants having full power and authority to enter into
this Agreement.
8.9 Severability. This Agreement is to be governed and construed according to the laws of
the State of Colorado. In the event that any provision of this Agreement is held to be violative of city,
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state or federal laws and hereby rendered unenforceable, either party, in its sole discretion, may
determine whether the remaining provisions will or will not remain in force.
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized officials to place
their hands and seals upon this Agreement the day and year first above written.
CITY OF FORT LUPTON, a Colorado municipal
corporation
By:
a es Sidebottom
C,1ty Administrator
STATE OF COLORADO )✓
ss.
COUNTY OF WELD
SUBSCRIBED AND SWORN to before me this day of 2000, by James
Sidebottom as City Administrator of the City of Fort Lupton, Colorado.
WITNESS my hand and official seal.
MY COMMISSION EXPIRES:
NSEAL
I 1 I Notary Public
186! 1/49,, Weld County
iiiii
,` 1 / �,, By:r
Nf. J. G ile, ro-T"em
�� � Board of County Commissioners
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
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EXHIBIT A
Water Main Extension
At the time of construction, the project will be required to tie into the 20" pipeline located in 9`h Street.
Republic Street, approximately 409' from the existing main located in 9`h Street. The tap size to be
determined by site development needs.
Sewer Main Extensions
At the time of construction, the project will install an 8" private sewer main from the existing sewer main
located in 9 th street. The line will run south approximately 225' from the existing manhole. Any over
sizing of the line shall be the responsibility of the City or future development impacting the line. If a
sanitary sewer main has already been installed for service to adjacent development the applicants will
be responsible for reimbursement for that portion of the sanitary sewer main servicing their
development.
Storm water Improvements
A detention pond that meets the then current standards and specifications of the City of Fort Lupton
will be required at the time of construction on the site as delineated on the final Drainage Study
submitted with the final plat.
Street Improvements
Republic Street shall have a defined 60' right-of-way, and County of Weld will dedicate all of the right of
way on the Final Plat. Republic Street shall be constructed to City Standards and Specifications, and
will be 386' long and 40' from flow line to flow line in width. The Weld County will dedicate an
additional 30' of right-of-way along WCR 31 with the Final Plat.
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EXHIBIT A
Water Main Extension
At the time of construction, the project will be required to tie into the 20" pipeline located in 9th Street.
Republic Street, approximately 409' from the existing main located in 9th Street. The tap size to be
determined by site development needs.
Sewer Main Extensions
At the time of construction, the project will install an 8" private sewer main from the existing sewer main
located in 9 th street. The line will run south approximately 225' from the existing manhole. Any over
sizing of the line shall be the responsibility of the City or future development impacting the line. If a
sanitary sewer main has already been installed for service to an adjacent development the applicants
will be responsible for reimbursement for that portion of thee sanitary sewer main servicing their
development
Storm water Improvements
A detention pond that meets the then current standards and specifications of the City of Fort Lupton
will be required at the time of construction on the site as delineated on the final Drainage Study
submitted with the final plat.
Street Improvements
Republic Street shall have a defined 60' right-of-way, and County of Weld will dedicate all of the right of
way on the Final Plat. Republic Street shall be constructed to City Standards and Specifications, and
will be 386' long and 40' from flow line to flow line in width. The Weld County will dedicate an
additional 30' of right-of-way along WCR 31 with the Final Plat.
Subdivision im provementagreement.word
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