HomeMy WebLinkAbout20032902.tiff RESOLUTION
RE: APPROVE PARKING LOT RELOCATION IMPROVEMENTS AGREEMENT AND
AUTHORIZE CHAIR TO SIGN - CHARLES AND ALICE GREENMAN
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 Parking Lot Relocation Improvements
Agreement 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 Charles and
Alice Greenman, commencing upon full execution, and ending upon completion of Weld County
Road 1 improvements, 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 Parking Lot Relocation Improvements Agreement 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 Charles and Alice Greenman 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 20th day of October, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OU Y, COLORADO
ATTEST:
a D id Long Ch r
Weld County Clerk to lie •
1861 4
Qv*1 Robert D. asden, Pro-Tem
BY:
Deputy Clerk to th 1 ' ''
M. J. eile
APP •
AEXCUSED
William H. Jerke
y or y
Glenn Vaa
Date of signature: to/3/
2003-2902
Rr ? ` L �p� EG0047
COUNTY OF WELD, STATE OF COLORADO
7i2 PARKING LOT RELOCATION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this 26th day of September, 2003, by and between
the COUNTY of WELD, STATE OF COLORADO, hereinafter called "County" and Charles Greenman
and Alice Greenman (CZ-1026) hereinafter called "GREENMAN," and
WHEREAS, Greenman has been granted a Change of Zone from R-1 (residential)zone district
to (PUD) Planned Unit Development for E (estate) and commercial (C-1) neighborhood commercial
zone districts part of the Southwest 1/4 of the Northwest 1/4 of Section 30, Township 3 North, Range 68
West of the 6th P.M.
WHEREAS, the existing County roads that serve the Change of Zone will require widening in
the future and improvement due to the increase in vehicle traffic, and
WHEREAS, the County and Greenman have reviewed improvements agreement proposals put
forth by Greenman, and both parties agree that at such time the front lot parking, sign placement, and
the northern access shall be eliminated and/or brought to County Standards. The design of WCR 1
for roadway expansion has been finalized. This agreement shall be recorded and shall run with the
land.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set
forth, the County and Greenman agree as follows:
1. Term: The term of this agreement shall be from the date first written above to and until
Weld County Road 1 for roadway expansion has been finalized.
2. Location: The county roads that serve said Change of Zone is WCR 1.
3. Improvement:
A. Greenman shall be responsible for relocation of the parking lot to the rear of the
property.
B. The existing sign shall be relocated outside of the right-of-way. .
C. The off-site parking spaces, including the access drive, shall be surfaced with
gravel, asphalt, concrete, or the equivalent and shall be graded to prevent
drainage problems.
4. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that
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 contained in this Agreement shall give or allow any claim or right of actions
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 shall be deemed an incidental
beneficiary only.
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Road Maintenance and Improvements Agreement
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5. Indemnification: To the extent authorized by law, Greenman agrees to indemnify, save,
defend, and hold harmless County from any and all liability incurred as a result of acts,
omissions, or failures to act by Greenman in her performance of the duties set forth in
this Agreement on those portions of said roads described in this Agreement. The term
liability includes, but is not limited to, any and all claims, damages, and court awards,
including costs, expenses, and attorneys' fees, incurred as a result of any act or
omission by Greenman and its employees.
6. Modifications 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 modifications, amendment, novation, renewal, or other alteration of or to this
Agreement shall be deemed valid or any force or effect whatsoever, unless mutually
agreed upon in writing by the undersigned parties. No breach of any term, provision, or
clause of this Agreement shall be deemed, waived, or excused, unless such waiver or
consent shall be in writing or 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
expressed or implied, shall not constitute a consent to, waiver of, or excuse for any
different or subsequent breach.
7. Non-Assignment: This Agreement shall not be assignable without prior written consent
of County or Greenman, whichever is the non-assigning party.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and
year first above written.
ATTEST: /��/�, _ / / ,/ i � / G,\ BOARD OF COUNTY COMMISSIONERS
"may 0 %WELD COUNTY, COLORADO
Weld County Clerk to the :!, I , I�(Z IA
♦r• Ris �e' By: Cu
A �' David E. Long, Ch 0 2003
Deputy oun y Clerk _' a-.s
CHARLE GREENMAN ALICE GREENMAN
RL By: L ...ner„i Vies
BY' cyha tti9`'`�`- � ,
owner's signature owner's signature
M:\W PFILES\AGREEMNT\Road-Improv\Greenman-parking lot relocation-agr.doc
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NOTE: RTICAL C RGE DESIG CRITERIA S INACCO'DAA
176+00
71i CITY.i LONG410N DESIGN.S ANDAROS
177+00
178+00 1 70.inn _-- - ('ER AASM7+ 1990)
Existing Existing
R.O.W. R.O.W.
c j Existing Weld County RD
1 125.0' Proposed ROW
65.0' Additional ROW Required 60.0' Existng ROW
C
68.0' Varies 13.0' to 21.0' 32.0'
1 Varies Varies
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Lane l Painted Lane Lone +Bice Lane Landscape ~ Bike Path Landscape Lane Lane !�
Median
j s.o' 6.0' _ t I I i t
Profi & 1.5' 1.5' _ 1.5'
I Pivotle PointGrade
2% f 2%lam, Slope Varies Slope Varies 2% 2%Ca
3 1
r _ _
Fill
PROPOSED WELD COUNT ROAD Z PROPOSED FRONTAGE RD
ULTIMATE TYPICAL SECTION
STA 181+00 TO STA 205+00
Existing Existing
R.O.W. i. R.O.W.
30.0' ._1
30.0'
32.0' 6.0'
2.0' J 4.0' 12.0' 12.0' 4.0'_ 1 2.0'
Shldr Lone Lone Shldr
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4 t I
Profile Grade do
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MEMORANDUM
ITO: Clerk to the Board DATE: October 13, 2003
O
• FROM: Frank B. Hempen, Jr., P.E.
COLORADO Director of Public Works/County Engineer
SUBJECT: Item for Agenda
Please submit the enclosed items for the Board's next agenda:
Parking Lot Relocation Improvements Agreement with
Charles and Alice Greenman (CZ-1026)
The appropriate documentation is enclosed
Enclosures
pc: Don Carroll, Public Works
M\FRANCIE\AGENDA-DonC
2003-2902
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