HomeMy WebLinkAbout20042119.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR IMPROVEMENTS FOR WELD COUNTY ROAD 80
ROAD STABILIZATION FOR DUST CONTROL, ACCEPT FORM OF COLLATERAL,
AND AUTHORIZE CHAIR TO SIGN -W. B. FARM ESTATES, LLC
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 of County Commissioners, by Resolution dated March 24, 2004,
approved a Minor Subdivision Final Plan, MF#1001,for Eight(8)Estate Zoned Lots Subdivision,for
W. B. Farm Estates, LLC on the following described real estate, to-wit:
Lot A of Recorded Exemption#3473;
being part of the NW1/4 of Section 20,
Township 7 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval in said Resolution, the Board has
been presented with an Agreement for Improvements for Weld County Road 80 Road Stabilization
for Dust Control between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and W. B. Farm Estates, LLC,with terms and conditions
being as stated in said agreement, and
WHEREAS, the Board has been presented with an Escrow Agreement from Land Title
Guarantee Company, 3033 East 1st Avenue, Suite 600, Denver,Colorado 80206,which complies
with the terms of the Agreement for Improvements, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept the form of said collateral, copies of which are 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 80 Road
Stabilization for Dust Control between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and W. B. Farm Estates, LLC be, and hereby is,
approved.
BE IT FURTHER RESOLVED the form of the EscrowAgreement from land Title Guarantee
Company be, and hereby is, accepted as collateral.
2004-2119
/�
PL1651
" : PL, "64i,,rc--1 o8-i/-dy
IMPROVEMENTS AGREEMENT - W. B. FARM ESTATES, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 26th day of July, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOR DO
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iate#444
Robert D. Masden, Chair
'- ✓'0`
�, ,;A '� Clerk to the Board
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William H. rke, Pro-Tem
�` kri u y. ty Clerk to the Board �L[i
ammgai ✓ eile
ED A O M:
David E. Long
unty Attorn y
EXCUSED
Glenn Vaad
Date of signature: SYS/E'4/
2004-2119
PL1651
MIME 11111 111111111111 IIII 111111 III IIIII IIII IIII
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954 AGREEMENT FOR IMPROVEMENTS FOR WCR 80
ROAD STABILIZATION for Dust Control
•
•
Gt
THIS AGREEMENT is made and entered into this orr`day of Jlt , in the year
2004, by and between W.B. Farms Estates, LLC, developer of W.B. arms Estates
, hereinafter referred to as "Developer", with an address of 2815 83rd Avenue, Greeley, Colorado
80634, 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 a Subdivision Final Plat for eight
(8) lots for W.B. Farms Estates, hereinafter referred to as the"Development," and
WHEREAS, WCR 80 from WCR 27 to WCR 29, 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 one- mile, and
WHEREAS, WCR 80 abuts a portion of W.B. Farms Estates, eight (8) of the lots will
need WCR 80 for access to the Development, and
WHEREAS, W.B. Farms Estates, requires 3,960 feet of WCR 80 and will constitute 25
percent of the participation for the Road, and
WHEREAS, the proportional costs of STABILIZATION for the Road attributable to the
traffic generated by the lots in the Development using the Road, is estimated to be $1,812.50
per lot.
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
eight (8) lots accessing the Road, or five years if WRC 80 is not
STABILIZED.
2. OBLIGATIONS OF THE COUNTY
A. Weld County shall STABILIZE the road, within five years of the date first
written above, the Road at a current estimated cost of $58,000. The
stabilization improvements are anticipated to be for two 13 foot travel
lanes designed in accordance with generally accepted engineering
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practices but the actual design shall be at the discretion of Weld County.
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 f1w 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 25 percent of the total cost of STABILIZING WCR 80. If additional
traffic is generated prior to STABILIZING WCR 80, such that the
percentage of traffic generated by the development is less than 25 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. Developer agrees to pay the amount of$1,812.50 per each lot accessing
the Road. The actual amount shall be determined in accordance with
paragraph 2.D.
B. The Developer agrees to escrow monies as follows at the sale of the first
lot $1,812.50, at the sale of the second lot $1,812.50, at the sale of the
third lot $1,812.50, at the sale of the fourth lot $1,812.50, at the sale of the
fifth lot, $1,812.50, at the sale of the sixth lot $1,812.50, at the sale of the
seventh lot $1,812.50, at the sale of the eighth lot $1,812.50. The escrow
account shall be set up according to paragraph 4 herein.
C. 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 $14,500.00 subject to adjustment to a higher or lower figure from
the first quarter of 2003 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:
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A. The cash in escrow when fully funded is $14,500.00.
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.
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.
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9. BINDING
This agreement shall be binding on the heirs, successors, and assigns of the
• parties.
IN ESS WHEREOF the parties hereto have signed this Agreement this 7 day
of 04.
APPLICANT:
APPLICANT: k fifdet-44/4
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD
COUNTY, COLORADO
Chair, Robert D. Masden 07/26/2004 jal
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at BY: Weld Countyclerk to the Board
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•
Cost Estimating for Offsite Improvements Agreement 21-Aug-2003 PAS
Weld County Road 80 stabilization for one-mile between CR 27&CR 29. Weld County Public Works Dept.
Two 13-foot lanes =26-feet.
one-mile estimate one-mile 75%
Material Quantity Units Cyst per Unit Total Cost Percent Cost
Street Grading 2,542 ydA3 $2.50 ydA3 $6,355.00 $4,766.25
Street Base(Class 6) 2,542 yd"3 $15.00 ydA3 $38,130.00 $28,597.50
Chemical Stabilization 15,253 yd"2 $0.80 yd"2 $12,202.40 $9,151.80
(DC2000)
Engineering &Supervision Costs (fixed) $1,200 $1,200.00
Grand Total= 1 $57,887.401 $43,715.551 _% Total
Estimate of Quantities
Material Length Width DeDth Area Am Volume Volume Weight,
feet feet feet ft"2 yda2 ftA3 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 We
Applicant Part.lft.j Total ft. Percentage Participation
3,960 5,280 75%
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•
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IN WITNESS WHEREOF the parties hereto have signed this Agreement this '2 day
of .fr..1 , 2004.
W.B. Farms, LLC, A Colorado Limited
Liability Company
vdg
By: Carl V. Hill, member
By: Wesle rett Hill, Member
State of Colorado )
)ss.
County of Weld )
The foregoing instrument was acknowledged before me on this Z 7 day of
2004, by W. B. Farms, LLC, A Colorado Limited Liability Company By Carle HGII,
member and Wesley Brett Hill, Member
Witness my hand and official seal.
My Commission expires: 3/6/07 ilttte:7)%--1—VAY
CHARION GREENSMITH Notary Public
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Mar,6,2007
•
ESCROW AGREEMENT
Escrow Number: GR25043634 Denver, Colorado
Commitment Number: FC25043634 Date: July 22, 2004
Closer: Charion Greensmith
The undersigned deposit with LAND TITLE GUARANTEE COMPANY as Escrow Holder, the items set forth in Schedule A, to be held
by said Escrow Holder subject to the terms hereof and the Special Instructions set forth in Schedule B below.
2 All cash deposits must be accompanied by a Form W-9 Request for Taxpayer Identification Number.
"SCHEDULE A"
(Deposits)
1,812.50 WITH ADDITIONAL DEPOSITS TOTALING 14,500.00
"SCHEDULE B"
(Special Instructions)
:Special Instruction No. 1 (Repairs) Attached
Special Instruction No. 2 (Intentionally Omitted)
Special Instruction No. 3 (Lender Completion Instructions) Attached
Special Instruction No. 4 (Indemnity Agreement-Cash Deposit) Attached
Q Special Instruction No. 5 (Intentionally Omitted)
Special Instruction No. 6 (Depository Instructions) Attached
Special Instruction No. 7 (F.I.R.P.T.A.)
®Special Instruction No. 8 (Resolution of Miscellaneous Issues)
:All others (See attached Exhibit "A")
The parties to the escrow, by signing below, agree that they have read and will be bound by the General Provisions to the
Escrow Agreement on the following page.
WELD LE COUNTY BOARD OF COMMISSIONERS DEVELOPER:
`Z� `uF c) 8 f--arMS •
Chair Pro-Tem W. B. FARMS, LLC, A COLORADO LIMITED
William H. Jerke LIABI TY COMPANY
dz
BY CARL V. HILL, MEMBER
PLC0-441-A
BY WESL BRETT HILL, MEMBER
Address 91O 10th Street Address 13388 WCR_80..___
Greeley, CO 80531 EATON, CO 80615
Telephone# 970-356-4000 X 4395 Telephone# 970-356-4000
SSN# or Tax ID# SSN# or TAx ID#
Contact Person Contact Person
LENDER: ESCROW FEES TO BE AS FOLLOWS:
(If applicable) (a) Set up fee $50.00
(b) Annual fee
(c) Miscellaneous
By
Address
Telephone#
Contact Person
Any correspondence regarding this escrow shall be Receipted and accepted as to Special Instructions and General
addressed to: Provisions to Escrow Agreement
LAND TITLE GUARANTEE COMPANY LAND TIT UARANTEE CO - ESCROW HOLD
3033 E. 1ST AVENUE, SUITE 600 �Q
DENVER, COLORADO 80206 BY:
ATTN: ESCROW COORDINATOR
FORM EA8
jtc,o4- fl
pl..I t/
SPECIAL INSTRUCTIONS NUMBER 8
(Resolution of Miscellaneous Issues)
A. The above deposit shall be held by the Escrow Holder to assure the
resolution/completion of the following matter:
ROAD STABILIZATION FOR DUST CONTROL OF WCR 80
(Issue/Matter to be Resolved)
in connection with the sale/financing of real property located at (or described as) :
LOTS 1-8 WB FARMS ESTATES
Geld County--Board of- Coi^.niAsioners
B. Upon written notification ("Notice") having been actually received from .BA.1
dair414d to the escrow stating that the pending issue/matter has been resolved. Escrow
Holder may return the deposit to:
UPON WRITTEN NOTICE RECEIVED FROM WELD COUNTY BOARD OF COMMISSIONERS
Escrow Holder shall have no independent duty to determine if the issue/matter has
indeed been resolved and may conclusively rely upon such Notice and may disregard any
warnings or notice given to the contrary.
C. The Notice required by Paragraph B of these Special Instructions shall be
addressed as follows:
LAND TITLE GUARANTEE COMPANY
3033 E. 1st Avenue, Suite 600
Denver, Colorado 80206
Attn: Escrow Coordinator
Such Notice shall conspicuously state upon it that it is related to Escrow Number
GR25043634
D. Any return of deposit by the Escrow Holder may be sent by regular, first
class, United States Mail, addressed in accordance with the addresses contained in
general Escrow Instructions.
WELD
COUNTY BOARD OF COMMISSIONERS DEVELOPER:^
CHAIR Robert D. Masden W. B. FARMS, LLC, AA COLORADO C ( // LIMITED
LIABI Y COMPANY
}�`-"
William H. Jerke, Chair Pro-Tem BY CARL V. HILL, MEMBER
'Li BY WESLE BRETT HILL, MEMBER
GR25043634 FC25043634
Form SPECINSS
LAND TITLE GUARANTEE COMPANY Initials
ESCROW AGREEMENT GENERAL PROVISIONS Initials
1. Form of Notice. Any instruction, notice or demand to, upon or by Escrow Holder shall be in writing and may be
delivered personally, by U.S. or private mail, courier, telefax or telegram. Notice shall be deemed given on the first
business date said notice is received by Escrow Holder. Telephone or other oral instruction, notice or demand need not be
accepted by Escrow Holder, but Escrow Holder shall not be Liable for damages or otherwise, if actions are taken based
upon non-written instructions, if Escrow Holder shall have relied thereon in good faith.
2. Reliance on Notice. Escrow Holder may act in reliance upon any writing or instrument or signature which it, in
good faith, believes to be genuine, and may assume the validity and accuracy of any statement or assertion contained in
such a writing or instrument, and may assume that any person purporting to give any writing, notice, advice or instruction
in connection with the provisions hereof has been duly authorized so to do.
3. Disbursement Time Requirements. Any notice to Escrow Holder hereunder, shall be given no later than 24 hours
prior to the date and time for action by Escrow Holder. Escrow Holder agrees to act upon all notices given to it, which are
fully approved by all appropriate parties and which are not conditioned upon any event other than Escrow Holder's actions,
not later than 5:00 p.m. on the business day next following the date upon which such notice was received.
4. Laws Relating to Unclaimed Funds. All parties are hereby advised that part or all of the Escrow Deposit that is
unclaimed pursuant to the laws of the governing jurisdiction ("Unclaimed Funds") may be payable to the governing
jurisdiction at some future date pursuant to unclaimed property laws of that jurisdiction. If in its sole
discretion Escrow Holder should determine to pay and does pay any such funds held in the Escrow Deposit, Escrow
Holder shall be released from all further responsibility pursuant to applicable law under this Agreement and
shall not be liable to any Party so long as such payment was made pursuant to applicable law.
5. Receipt and Deposit of Proceeds. Escrow Holder shall deposit and invest all the Escrow Deposit Funds in a federally
insured institution. If the Escrow Deposit Funds exceed $100,000.00, Escrow Holder may invest the Escrow Deposit Funds in
Government Repurchase Agreements for U.S. Treasury obligations or Government Repurchase Agreements guaranteed by GNMA.
Escrow Holder shall not be responsible for maximizing the yield on the Escrow Deposit Funds. All Parties hereto shall execute
and deliver to Escrow Holder all forms required by Federal, State or other governmental agencies relative to taxation matters
and Escrow Holder will file appropriate 1099 or other required forms.
6. Interest Earned on Escrow Deposit Funds. If the Deposit consists partly or entirely of money, then during the
period the Escrow Holder is in possession of the Deposit, the money will be deposited in an FDIC insured institution (the
"Institution"). Deposits of less than $5,000.00 shall not bear interest. Deposits of $5,000.00 to $100,000.00 shall bear
interest at the rate paid by the Institution. Deposits of $100,000.00 or more may be directed by the Parties hereto to
other types of investments. Under no circumstances shall Escrow Holder be liable for toss of funds due to bank,
savings and loan association or other institution failure, including employees or agents thereof, suspension or
cessation of business, or any action or inaction on the part of the bank, savings and loan association or other Institution,
or any delivery service transporting funds to and from such Institution.
7. Fees and Expenses of Escrow Holder. The Escrow Holder shall be entitled to reimbursement in full, or may demand
payment in advance, for all costs, expenses, charges, fees or other payments made or to be made by Escrow Holder in the
performance of Escrow Holder's duties and obligations under this Agreement. The Parties to the Agreement are jointly and
severally liable for the payment to Escrow Holder of Fees and Expenses. Escrow Holder is hereby authorized and directed
to disburse to itself in payment of Fees or Expenses from any funds in the Escrow Deposit, whether from principal or
interest or both, at any time, and from time to time, as the same may be due and owing. Further, Escrow Holder is hereby
authorized to withhold any Fees or Expenses from any disbursement or distribution of Escrow Deposit Funds to any Party
hereto or to the Clerk of the Court upon interpleader. In the event that the Deposit shall consist of documents only and
not funds, Escrow Agent may refuse to distribute any such documents or to otherwise act under this Agreement until all
accrued but unpaid Fees and Expenses have been paid in full.
8. Non-liability of Escrow Holder. Escrow Holder shall not be Liable for any mistakes of fact, or errors of judgment,
or for any acts or omissions of any kind unless caused by the willful misconduct or gross negligence of Escrow Holder.
Escrow Holder shall not be liable for any taxes, assessments or other governmental charges which may be levied or
assessed upon the Escrow Deposit or any part thereof, or upon the income therefrom. Escrow Holder may rely upon the
advice of counsel and upon statements of accountants, brokers or other persons reasonably believed by it in good faith to
be expert in the matters upon which they are consulted, and for any reasonable action taken or suffered in good faith
based upon such advice or statements Escrow Holder shall not be liable to anyone.
9. Indemnity of Escrow Holder. The Parties hereto, jointly and severally, agree to indemnify Escrow Holder and hold
it harmless as to any liability by it incurred to any other person or entity by reason of this Escrow Agreement, or in
connection herewith except for Escrow Holder's own willful misconduct or gross negligence, and to reimburse Escrow Holder
for all its expenses, including, but not necessarily limited to attorneys' fees and court costs incurred in connection
erewith.
10. Disputes and Interpleader. In the event of any dispute between the Parties as to either law or fact, or in the
event any of the Parties hereto fail, for any reason, to fully receipt and acquit the Escrow Holder in writing, Escrow
Holder may refuse, in its discretion, to carry out said escrow instructions or to deliver any funds, documents, or
property in its hands to anyone and in so doing shall not become liable to demand. Escrow Holder shall be entitled to
continue, without liability, to refrain and refuse to act: (a) until all the rights of the adverse claimants have been
finally adjudicated by a court having jurisdiction over the Parties and the items affected hereby, after which time the
Escrow Holder shall be entitled to act in conformity with such adjudication; or (b) until all differences shalt have
been adjusted by agreement and Escrow Holder shall have been notified thereof and shall have been directed in writing
signed jointly or in counterpart by the Parties and all persons making adverse claims or demands, at which time Escrow
Holder shall be protected in acting in compliance therewith. Escrow Holder also has the right to interplead into a court
of competent jurisdiction at the expense of the Parties.
11. Request for Written Instructions. Escrow Holder may at any time, and from time to time, request the Parties to
provide written instructions concerning the propriety of a proposed payment of funds on deposit, distribution of
documents, or other action or refusal to act by Escrow Holder. Should the Parties fail to provide such written
instructions within a reasonable time, Escrow Holder may take such action, or refuse to act, as it may deem appropriate
and shalt not be liable to anyone for such action or refusal to act. Notwithstanding the foregoing, should the terms of
the Escrow Agreement be complied with, in the judgment of Escrow Holder, then the Escrow Holder may disburse any funds,
distribute documents, or take such action without specific further written instructions from any Party.
12. Resignation of Escrow Holder. Escrow Holder may resign under this Agreement by giving written notice to all of
the Parties hereto, effective 30 days after the date of said notice. Upon the appointment by the Parties of a new escrow
holder or custodian, or upon written instructions to Escrow Holder for other disposition of the Escrow Deposit, Escrow
Holder shall, after retention of its accrued escrow fees and expenses, if any, deliver the Escrow Deposit within a
reasonable period of time as so directed, and shall be relieved of any and all liability hereunder arising thereafter.
FORM EA.GP (Revised 10/2003) Page 1 of 2 GR25043634
13. Benefit. All rights and protections afforded to Land Title Guarantee Company hereunder shall inure to and for the
benefit of its underwriter.
14. Applicable Law. This Agreement shall be governed by the laws of the State of Colorado.
15. Counterparts/Facsimile. This Agreement may be executed in any number of counterparts, each of which when so
executed shall constitute the entire agreement between the parties hereto and may be executed in facsimile and such fac-
simile signature shall be accepted as original signatures. The parties acknowledge and agree that there are no intended
or unintended third party beneficiaries who may rely upon or benefit from the provisions of this agreement.
Form EA.GP2 (Revised 10/2003) Page 2 of 2 0R25043634
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