HomeMy WebLinkAbout20041957.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR IMPROVEMENTS FOR WELD COUNTY ROAD 86
ROAD STABILIZATION FOR DUST CONTROL, AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR MINOR SUBDIVISION FINAL PLAT,#589-RIC HANSEN
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 April 30, 2003, the Board of County Commissioners approved a Minor
Subdivision Final Plan, MF#589, for Ric Hansen, P. O. Box 158, Timnath, Colorado 80547, for
Griffith Minor Subdivision, and
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
an Agreement for Improvements for Weld County Road 86 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 Ric Hansen,with terms and conditions being as stated in said
agreement, and
WHEREAS,the Board has been presented with an Escrow Agreement concerning Account
#LR34621B04 from the First American Heritage Title Company, and
WHEREAS, after review, the Board deems it advisable to approve said Agreement for
Improvements and EscrowAgreement, 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 86 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 Ric Hansen, be, and hereby is, approved.
BE IT FURTHER RESOLVED that the Escrow Agreement concerning Account
#LR34621 B04 from the First American Heritage Title Company, be and hereby is, accepted.
2004-1957
PL1627
( : PL--, ew,
IMPROVEMENTS AGREEMENT - RIC HANSEN
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of July, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W'LD CCOUNly,COLLORADO
'`s -4j% Robert D. Masden, Chair
Elitigte
erk to the Board
,Iasi } ") ,; William H4rke, Pro-Tem
erk to the Board //1 Ptcc.
���� M. J. eile
APP AS TO F EXCUSED
David E. Long (�
my At t n y
Glenn Vaad
Date of signature: 4?-g.-/V-
2004-1957
PL1627
8�
AGREEMENT FOR IMPROVEMENTS FOR WCR 86
ROAD STABILIZATION for Dust Control
THIS AGREEMENT is made and entered into this JYL day of 5L15__—, in the year
2003. by and between ff.c Ihni ch , developer of Griffith Mi 1O1 Subdivision.
hereinafter referred to as "Developer", with an address talky /J'(
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:
WI IEREAS, the Developer has obtained approval for a Subdivision Final Plat for 4 lots
for (rr il[ith 11 n,u,Aubdivision, hereinafter referred to as the"Development," and
WHEREAS, WCR 86 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 86 abuts a portion of Griffith Minor Subdivision, 4 of the lots will
need WCR NO for access to the Development, and
WHEREAS, Griffith Minor Subdivision, abuts 937-fret of WCR 86 and will constitute IN
percent of the frontage on 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 $2.600 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 4
lots accessing the Road, or five years if WRC 86 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-fbot travel
lanes designed in accordance with generally accepted engineering
practices but the actual design shall be at the discretion of Weld County.
ILL!IMLduuf1! LII1llIIIIIII I IIIII III VIII IIII IIII:5A Weld Cunty, CO :AM Page I of1of5 R 0.00D 0.00 Steve Moreno°Clerk& Recorder 2004-1957 1's- / 4' 7
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 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 18 percent of the total cost of STABILIZING WCR 86. If additional
traffic is generated prior to STABILIZING WCR 86. such that the
percentage of traffic generated by the development is less than 18 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 $2.600 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 $2.600, at the sale of the second lot $2.600, at the sale of the third lot
$?,600, at the sale of the fourth lot $2,600. 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 $10.400 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:
A. The cash in escrow when fully funded is $10.400.
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
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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
Phis 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
[his agreement shall be binding on the heirs, successors, and assigns of the
parties.
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IN WITNESS WHEREOF the parties hereto have signed this Agreement this 9 day
of Jot; Y , 2003.
BY:
Developer
ATTEST : BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Veth, dirino%
Chair. Robert D. Masden 07/14/2004 ,
k!eJr
BY: Weell County Clerk \>1
Duty Clerk to the Board
RO D RM:
C Attorne
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4)10 /— / 9S?
Cost Estimating for Offsite Improvements Agreement 10-Feb-03 PAS
Weld County Road 86 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 18%
Material Quantity Units Cost per Unit Total Cost Percent Cost
Street Grading 2,542 yd"3 $2.00 yd"3 $5,084.00 $915.12
Street Base (Class 6) 2,542 ydA3 $14.00 yd^3 $35,588.00 $6,405.84
Chemical Stabilization 15,253 ydA2 $0.70 ydA2 $10,677.10 $1,921.88
(DC2000) ,
Engineering & Supervision Costs (fixed) $1,200 $1,200.00
Grand Total = f$52,549.10I $10,442.841 =')/0 Total
Estimate of Quantities
Material Length Width Depth, Area Area Volume Volume Weight
feet feet feet ftA2 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 Frontage Property of the Section Mile
Applicant Frontage(ft.1 Total (ft.1 Percentage Frontage
937 5,280 18%
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ESCROW Instructions
Escrow Number LR34621B04
The undersigned deposit with First American Heritage Title Co as Escrow Agent,
the items set forth in Schedule A, to be held by said Escrow Agent subject to the terms hereof and
the Special instructions set forth in Schedule B.
1 . The provisions of Exhibit 1 General Provisions, attached hereto, are by this reference
incorporated herein.
2. If the deposits hereunder are not withdrawn before July 10, 2008 the
Escrow Agent may mail the same as follows: (State to whom each item is to be returned in such
event)
See Schedule B attached hereto
at the address stated below and thereupon be relieved of all liability hereunder.
IN WITNESS WHEREOF, the undersigned have hereunto affixed their signatures and hereby
adopt as a part of this instrument Schedules A and B hereto attached.
(RIc Hansen
Number of copies signed: 2
Escrow fees to be as follows:
(a) Setting up fee $ 250 . 00
(b) Annual fee $
(c) Miscellaneous $
STATE OF Cwt IG/GPc C
L4/
ss.
COUNTY OF C t1/ 1 ,Y1
The foregoing instrument was acknowledged before me this ) day of L /y l e cy ,
, by R,e tau.,e on
My commission expires -2 1-76 E � .r •q
Witness my hand and official seal. ///}}}��� r..
V W a a:
Notary Public , \ Rasa
e�
Accepted:
Date: L/O/
/ ES row Officer File a a3aez1oaa
DCESCINT
SUBJECT PROPERTY: Lots 1 , 2, 3 and 4 of Griffith Minor Subdivision
County of Weld, State of Colorado
SCHEDULE A
Escrow Agent agrees to hold funds as they are received in an Interest Bearing Account at
a Federally Insured Bark of it's choosing and as more fully described in the Agreement
for Improvements for WCR 86 Road Stabilization for Dust Control, hereinafter referred
to as the Improvement Agreement, dated July 9, 2004 between Ric Hansen, Developer of
Griffith Minor Subdivision, hereinafter referred to as Developer and Board of County
Commissioners of Weld County, Colorado, which is attached hereto and incorporated
herein. The escrow when fully funded will be $10, 400.00
SCHEDULE B
(Special Instructions)
1. The Escrow shall be held for the time frame as defined in the Improvement
Agreement .
2. Escrow Agent agrees to Release escrowed funds only in accordance with the
Improvement Agreement and further agrees not to release any portion of the
escrowed funds without prior written approval from the Board of County
Commissioners of Weld County, Colorado.
3. If Escrow Agent has not received the Final Accounting and request to release
escrowed funds by July 10, 2008, Escrow Agent is instructed to return all
remaining funds, including Interest, held in said Escrow to the Developer at:
Ric Hansen
Post Office Box 158
Timnath, CO 80547
unless Escrow Agent is notified of change of address in writing.
RECEIPT OF THE herein described documents and instructions is hereby acknowledged and
accepted this /2- ' day of July 2004
First American Heritage Title Co
BY: /0146/244C-----
File It LR34621B04
CESCINT
EXHIBIT I
GENERAL PROVISIONS
1. The instructions may be supplemented, altered, amended, modified or revoked by writing only signed by
all of the parties hereto, and approved by the Escrow Agent, upon payment of all fees, costs and expenses
incident thereto.
2. No assignment, transfer, conveyance or hypothecation of any right, title or interest in and to the subject
matter of this Escrow shall be binding upon the Escrow Agent unless written notice thereof shall he served
upon the Escrow Agent and all fees, costs and expenses incident thereto shall have been paid and then only
upon the Escrow Agent's assent thereto in writing.
3. Any notice required or desired to be given by the Escrow Agent to any party to this Escrow may he given
by mailing the same addressed to such party at the address given below the signature of such party or the
most recent address of such party shown on the records of the Escrow Agent, and notice so mailed shall
for all purposes hereof he as effectual as though served upon such party in person at the time of deposit-
ing such notice in the mail.
4. The Escrow Agent may receive any payment called for hereunder after the due date thereof unless subsequent
to the due date of such payment and prior to the receipt thereof the Escrow Agent shall have been instructed
in writing to refuse any such payment.
5. The Escrow Agent shall not be personally liable for any act it may do or omit to do hereunder as such
agent, while acting in good faith and in the exercise of its own best judgment, and any act done or
omitted by it pursuant to the advice of its own attorneys shall be conclusive evidence of such good faith.
6. The Escrow Agent is hereby expressly authorized to disregard any and all notices or warnings given by any
of the parties hereto, or by another person, firm or corporation, excepting only orders or process of
court, and is hereby expressly authorized to comply with and obey any and all process, orders, judgments
or decrees of any court, and in case the Escrow Agent obeys or complies with any such process, order,
judgment or decree of any court it shall not be liable to any of the parties hereto or to any other person,
firm or corporation by reason of such compliance, notwithstanding any such process, order, judgment or
decree he subsequently reversed, modified, annulled, set aside or vacated, or found to have been issued
or entered without jurisdiction.
7. In consideration of the acceptance of this escrow by the Escrow Agent, the undersigned agree, jointly and
severally, for themselves, their heirs, legal representatives, successors and assigns, to pay the Escrow
Agent its charges hereunder and to indemnify and hold it harmless as to any liability by it incurred to
any other person, firm or corporation by reason of its having accepted the same, or its carrying out any
of the terms thereof, and to reimburse it for all its expenses, including, among other things, counsel fees
and court costs incurred in connection herewith; and that the Escrow Agent shall have a first and prior
lien upon all deposits made hereunder to secure the performance of said agreement of indemnity and pay-
ment of its charges and expenses, hereby expressly authorizing the Escrow Agent, in the event payment is
not received promptly from the undersigned, to deduct such charges and expenses, without previous notice,
from any funds deposited hereunder. Escrow fees or charges, as distinguished from other expenses hereunder,
shall be as written above the Escrow Agent's signature at the time of the acceptance hereof.
S. The Escrow Agent shall be under no duty or obligation to ascertain the identity, authority or rights of
the parties executing or delivering or purporting to execute or deliver these instructions or any documents
or papers or payments deposited or called for hereunder, and assumes no responsibility or liability for
the validity or sufficiency of these instructions or any documents or papers or payments deposited or
called for hereunder.
9. The Escrow Agent shall not be liable for the outlawing of any rights under any Statute of Limitations or
by reason of laches in respect to the Instructions or any documents or papers deposited.
10. In the event of any dispute between the parties hereto as to the facts of default, the validity or meaning
of these instructions or any other fact or matter relating to the transaction between the parties, the
Escrow Agent is instructed as follows:
a. That it shall be under no obligation to act, except under process or order of court, or
until it has been adequately indemnified to its full satisfaction, and shall sustain no
liability for its failure to act pending such process or court order or indemnification;
h. That it may in its sole and absolute discretion, deposit the property described herein
or so much thereof as remains in its hands with the then Clerk, or acting Clerk, of the
District Court, State of Colorado in whose jurisdiction the subject property lies, and
interplead the parties hereto, and upon so depositing such property and filing its
complaint in interpleader it shall he relieved of all liability under the terms hereof
as to the property so deposited, and furthermore, the parties hereto for themselves,
their heirs, legal representatives, successors and assigns do hereby submit themselves
to the jurisdiction of said court and do hereby appoint the then Clerk, or acting Clerk,
of said court as their Agent for the service of all process in connection with such pro-
ceedings. The institution of any such interpleader action shall not impair the rights of
the Escrow Agent under paragraph number 7 above.
11. If the subject matter of this escrow consists in whole or in part of funds, the same shall not he
commingled by the Escrow Agent with its own funds; provided, however, that anything contained
in the Escrow Agreement of which these General Provisions are made a part, to the contrary not-
withstanding, the Escrow Agent shall NOT BE REQUIRED TO DEPOSIT THE SAME IN ANY INTEREST
BEARING OR INCOME PRODUCING ACCOUNT, AND SHALL NOT IN ANYWAY BE LIABLE TO ANY OF
THE OTHER PARTIES TO THE ESCROW AGREEMENT FOR THE PAYMENT OF INTEREST UPON SAID
FUNDS FOR THE PERIOD DURING WHICH THEY ARE HELD BY THE ESCROW AGENT unless the instructions for
an interest bearing deposit of the funds shall have been stated in writing and agreed to by the
Escrow Agent in writing. It is intended that the provisions hereof shall supersede any other terms,
conditions, covenants or provisions contained in the Escrow Agreement which expressly or by implication
are in conflict herewith.
UCBSCINT File# LR3462IB04
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