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Home My WebLink About20033430.tiff RESOLUTION RE: APPROVE AGREEMENT FOR IMPROVEMENTS FOR WELD COUNTY ROAD 13, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR MINOR SUBDIVISION FINAL PLAN, MF#614, PHEASANT CREST ESTATES -TIMOTHY AND LISA BROUGH 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 September24,2003,the Board of County Commissioners approved a Minor Subdivision Final Plan, MF#614, Pheasant Crest Estates,for Timothy and Lisa Brough, do Tony Evans, P.E., P.O. Box 94, Greeley, Colorado 80632, for a Nine (9) Lot Minor Subdivision with E (Estate) Zone Uses on the following described real estate, to-wit: Lot B of Recorded Exemption#1911;being part of the SW1/4 of Section 6, Township 7 North, Range 67 West of 6th P.M., Weld County, Colorado WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with an Agreement for Improvements for Weld County Road 13 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Timothy and Lisa Brough, with terms and conditions being as stated in said agreement, and WHEREAS,the Board has been presented with a letter confirming an escrow fund has been established at New Frontier Bank, 1130 Main Street,Windsor,Colorado 80550,to accumulate the amount of $94,500.00 and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said method of funding as stated above, 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 13 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Timothy and Lisa Brough, be, and hereby is, approved. BE IT FURTHER RESOLVED that the escrow fund established at New Frontier Bank, 1130 Main Street,Windsor,Colorado 80550,to accumulate the amount of$94,500.00, be,and hereby is, accepted. 2003-3430 PL1646 IMPROVEMENTS AGREEMENT - TIMOTHY AND LISA BROUGH PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 17th day of December, A.D., 2003. BOARD OF COUNTY COMMISSIONERS D COUNTY, CO ORADO ATTEST: 11a/ '��` c Lai D vid E. Long, Chair Weld County Clerk to t -o . d t , �`j ��' Robert D. M en, ro-Tem BY: Deputy Clerk to the':• (7.,/ � M. J. eile - - -OV . AS TO S N!" ' Willis H. Jerke C y for -y it Glenn Vaad _to Date of signature: /a/�G 2003-3430 PL1646 4 tI MEMORANDUM W �. TO: Board of County Commissioners COLORADO DATE: November 18, 2003 FROM: Kim Ogle, Planner III ab SUBJECT: MF-614 - Pheasant Crest Estates Agreement for Improvements to County Road 13 Tim and Lisa Brough, applicants On November 14, 2003 the Department of Planning Services received an Agreement for Improvements to County Road 13 between State Highway 14 and County Road 84. County Road 13 abuts the development north of County Road 84 and south of County Road 84. The anticipated average daily trip from this development is 27% of the traffic on the road. The estimated road improvement cost to this section of road is 350,000.00 dollars of which the development is responsible for 27% or 94,500.00 dollars. The 27% will be spread over eight Lots in the subdivision for 11,812.50 dollars per Lot. The Developer agrees to escrow monies as follows: At the sale of the first lot, 5,000.00 dollars, at the sale of the second lot, 5,000.00 dollars, at the sale of the third lot, 5,000.00 dollars, at the sale of the fourth lot, 7,500.00 dollars, at the sale of the fifth lot, 7,500.00 dollars, at the sale of the sixth lot, 10,000.00 dollars, at the sale of the seventh lot, 10,000.00 dollars, at the sale of the eighth lot, 44,500.00 dollars. The cash in escrow when fully funded is $94,500.00 dollars. The Weld County Attorney and the Department of Public Works have determined that the amount of the agreement will be sufficient to complete the work required for County Road 13, and the Department of Public Works recommends acceptance of this Agreement. 2003-3430 AGREEMENT FOR IMPROVEMENTS FOR WCR 13 THIS AGREEMENT is made and entered into this J 7�— day of CC by and between Tim and Lisa Brough hereinafter referred to as "Developer", with an address of 6255 WCR 74 Windsor, 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 Site Specific Development Plan and Subdivision Final Plat for 9 lots for Pheasant Crest Estates hereinafter referred to as the Development, and WHEREAS, WCR 13 from State Highway 14 to WCR 84, hereinafter referred to as "the road", will need paving in part due to the increased traffic generated by the Development, a distance of approximately one mile, and WHEREAS, WCR 13 abuts the Development north of WCR 84 and impacts WCR 13 south of WCR 84, and WHEREAS, the average daily trip anticipated from the Development will constitute 27% of the traffic on the road, and WHEREAS, the proportional costs of paving the road attributable to the traffic generated by the lots in the development using the road, is estimated to be $11,812.50. This number is from an estimated road improvement cost of$350,000.00 in which the Development impacts the road 27% or is responsible for $94,500.00. The 27%will be spread over 8 lots in the subdivision as there is an existing home owned by the Developer on the property for $11,812.50 per lot. NOW, THERFORE, 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 paving the road and final accounting by County and payment of all land development charges by the Developer for the 8 lots accessing the road, or five years if WCR 13 is not paved. 2. OBLIGATION OF THE COUNTY A. Weld County plans to pave, within five years of the date first written above, the road at a current estimated cost of$350,000.00. The paving 1111111111111111 11111111 I I 1111111111111111111111111111 3142956 01/09/2004 12:13P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder improvements are anticipated to be for 12 travel lanes with 4 foot shoulders designed in accordance with generally accepted engineering practices but the actual design shall be at the discretion of Weld County. B. Design, construction, and maintenance of the portion of road shall be the responsibility by the County. C. County must compete paving the road within five years of the date first written above or forfeit all rights to the 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 paving is complete and may collect from the escrow account(or from the developer if the amount in the escrow is insufficient to satisfy developer's obligation)up to 27% of the total cost of paving WCR 13. A traffic count will be taken on WCR 13 prior to paving WCR 13. If the percentage of traffic generated by the development is less than 27%, 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 assess interest in the amount of 8%annually. 3. OBLIGATIONOF THE DEVELOPER A. Developer agrees to pay the amount of$11,812.50 per each lot(8 lots) impacting the road. The actual amount to be determined in accordance with paragraph 2.D. B. The Developer agrees to escrow monies as follows. At the sale of the first lot $5,000.00, at the sale of the second lot $5,000, at the sale of the third lot $5,000, at the sale of the fourth lot $7,500 at the sale of the fifth lot $7,500, at the sale of the sixth lot$10,000, at the sale of the seventh lot $10,000, at the sale of the eighth lot $44,500. The escrow account shall be set up according to paragraph 4 herein. C. The Developer shall not be released form this obligation unless county does not pave the road with the time frame set forth in paragraph 2.C herein. In no event shall Developer's obligation under this agreement exceed $94,500.00 subject to adjustment to a higher or lower figure from the dates describe in paragraph 2.D. 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 $94,500.00. IIII HIM III IN 111111 III H1111111 NI 3142956 94 R 0.00/2D 0.00 2Steve Morenoo Clerk& Recorder 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. MODIFICATIONAND BREACH This agreement contains the entire agreement 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 waved or excused, unless such 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 of 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 standard other than those generally required for counties and cities of the size and type similar to county. 9. BINDING 111111111111111111111111111111111111111111111111111101 3142956 01/09/2004 12:13P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder This agreement shall be binding on the heirs, successors, and assigns of the parties. IN WTNESS WHEREOF the parties hereto have signed this agreement this itday of De-rip—v.4,, 2e 3 By: Timothy R. Brou eve oper By: C rn l Lisa C. Brough, Developer dorm..` F 4440, e o 4 COUNTY OF WELD, STATE OF cr +Q , COLORADO, by and through the 1 MCI ,e-Yttl. Board of County Commissioners of '61;,:$* _ siiir Weld County By: Clerk to he Board 4 it David Long, Chi an DEC 17 2003 tAy ti-41 APPROVED AS TO FO Co ttorney 1 11111 11111 1111 1111111 1111111 11111 11111111 1111 1111 3142956 01/09/2004 12:13P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder c003-39f._ o MEMORANDUM "lip TO: Kim Ogle, Planner III DATE: 10/14/2003 C FROM: Donald Carroll, Engineering Administrator SUBJECT: MF-614, Pheasant Crest Estates COLORADO Off-Site Improvements to WCR 13 I have reviewed the Off-Site Improvements Agreement for WCR 13. The proportional costs of paving the road is attributable to the traffic generated by the development. The road improvement cost is estimated at $350,000. The development impact on the road is 27% or $94,500. Therefore, each of the eight lot owners will be charged a proportional amount of$11,812.50 for their portion of the paving costs. The applicant agrees to escrow monies as set forth in the agreement. The County must complete paving the road within five years or forfeit all rights to the land development charges. Please place this in your file MF-614 file, Weld County Public Works Improvements Agreement. I have asked Tony Evans to get a signature on the Agreement and resubmit it. pc: MF-614 Peter Schei, Public Works M:\PLANNING\MF-4.DOC � 6 MEMORANDUM WIlige TO: Kim Ogle, Planner III DATE: 10/1/2003 FROM: Donald Carroll, Engineering Administrator Pw COLORADO SUBJECT: MF-614, Pheasant Crest Estates Public Road Maintenance The applicants engineer has re-submitted the Exhibit "A" portion of the Improvements Agreement. I have verified the new quantities and unit costs for the estimated construction. These costs appear to be adequate to complete the transportation portion of the project. All other non-transportation items shall be verified by Planning Services prior to scheduling pc: MF-614 Peter Schei, Public Works 2 % U c O0 / M:\PLANNING\MF-3.DOC - �c 1%' Att 5/c, v,S7 Wst hetv— PcCA /c wow/ 4/0 14, -ED u:///t-' ) „ . ><7 L NEW FRONTIER BANK December 15, 2003 Board of County Commissioners of Weld County Greeley, Colorado Hand Delivered To whomever it May concern: New Frontier Bank will act as escrow agent for Tim and Lisa Brough for the development located North of Highway 14 on County Road 13. It understood that the escrow fund will be used to pay for 27% of paving Weld County Road 13. However, New Frontier Bank will have no responsibility for collecting the escrow funds. Funds will be remitted per the agreement for improvements for WCR 13 issued by Weld County. Please feel free to contact me should you have any questions regarding the escrow account. urs truly, James A. Rutz Sr. Vice President 1 130 Main Street • Windsor, Colorado 80550 • 970-674-9080 • Fax 970-674-9090 Hello