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Home My WebLink About20001791.tiff RESOLUTION RE: APPROVE AMENDED AGREEMENT FOR ROAD IMPROVEMENTS TO WELD COUNTY ROAD 35 AND WELD COUNTY ROAD 10 AND AUTHORIZE CHAIR TO SIGN - MARTIN BROTHERS, 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 has been presented with an Amended Agreement for Road Improvements to Weld County Road 35 and Weld County Road 10 between the County o? Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Martin Brothers, LLC, with terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amended Agreement for Road Improvements to Weld County Road 35 and Weld County Road 10 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Martin Brothers, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amended agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of July, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: /,/ �I,�f�, . � EXCUSED "" Barbara J. irkmeyer, Chair Weld County Clerk to 8. j.�7Nn -27//' ✓ M. J. geile,Pro-Tem Deputy Clerk to the Bo ��f l "Qtro�P -74 t l George'E. Baxter APPR0VE6 AS TO F EXCUSED Dale K. Hall cc. t At rpeY C/'/1/' C f Glenn Vaad 2000-1791 RAJ A. (fl6v2c n p -2!� SUBD BUFFALO RIDGE R or. FR Board of County Commissioners FROM: Lee D. Morrison, Assistant Weld County Attorney DATE: July 17, 2000 RE: Martin Subdivision- Improvements to WCR 10 and 3` COLORADO Attached is a proposed redline amended agreement for improvements to county Roads. The agreement maintains the paving schedule for WCR 35 which will need to be paved by May of 2002 but delays the deadline for paving of WCR 10 until 18 months after the sale of lots in phase 5 ( they are currently waiting for these amendments to begin sale in phase 3). The interest rate which must be paid by the developer is adjusted upwards. The Developer will make incremental payments ( as opposed to a payment prior to selling lots in phase 3) on the sale of lots in phase 3 to pay for WCR 35 and will owe the payment for WCR 10 either within 30 days of completion or prior to the sale of lots in phase 7, whichever is earlier. The County will continue to hold deeds of trust on the unreleased lots and the cost estimates from 1997 are protected by an escalator provision. ( up 11.8% since 1997). I would recommend placing this agreement on the agenda for consideration. 27101—ttk_if4-(N) e D. Morrison Assistant Weld County Attorney xc:Public Works, Planning Agenda OK Set Work Session Barb Kirkmeyer ✓__ Mike Geile Dale Hall Glenn Vaad George Baxter „ytF y/4 °Poor°- �9/ ( -1 - (17 AMENDED AGREEMENT FOR ROAD IMPROVEMENTS TO WCR 35 AND WCR 10 THIS AMENDED AGREEMENT is made and entered into this 31st _ day of _ July ,2000, by and between Martin Brothers,LLC, developer of Buffalo Ridge Estates. hereinafter referred to as "Developer," with an address of 147 South Denver Avenue,Fort Lupton. Colorado 80621, Weld County Colorado, and the County of Weld, State of Colorado, by and throuh the Board of County Commissioners of Weld County, Colorado hereinafter referred to as "County," w th offices at 915 Tenth Street, Greeley, Colorado 80631. WITNESSETH: WHEREAS, the Developer has obtained for a Site Specific Development Plan and Subdivision Final Plat for 52 lots for the Buffalo Ridge Estates, hereinafter referred to as the "Developer," and WHEREAS, the Parties entered into an agreement dated May 22, 1997, entitled AGREEMENI FOR ROAD IMPROVEMENTS FOR WCR 35 AND WCR 10 ("Original Agreement") which this agreement amends and replaces, and WHEREAS, WCR 35 from Colorado Highway 52 to Eagle Road and WCR 10 from WCR 37 :o Meadow Lark Road hereinafter referred to as "the roads," will need paving, in part due to the increased traffic generated by the Development, a distance on WCR 35 of approximately one mile and a distance of approximately one half mile on WCR 10, and WHEREAS, Developer has proposed phasing the Development into seven phases; nine lot> in the first phase, eight lots in the second phase, seven lots in the third phase, seven lots in the forth p last, seven lots in the fifth phase, eight lots in the sixth phase, and seven lots in the seventh phase. and WHEREAS, the Weld County Engineer has performed vehicle counts on traffic into and oat of the current WCR 35 and WCR 10, and based upon those counts the parties agree that the average (tail): trips by vehicle counts is 6 trips per lot, per day, a trip consisting of one-way travel to or from the lot. and WHEREAS, the average daily trips anticipated from The Buffalo Ridge Estates on WCR 35 wit constitute 73 per cent of the traffic, the average daily trips anticipated from The Buffalo Ridge Estates on WCR 10 constitute 60 percent of the traffic on the roads, and WHEREAS, the Original Agreement estimated the costs of paving WCR 35 from Colorado Highway 52 to Eagle Street to be$113,778.00 and the costs of paving WCR 10 from WCR 37 to Meadow Lark Road to be $56,889.00, with these estimated costs to have increased 11.8 percent from the date of the Original Agreement to the date of this Agreement according to the formula in paragraph 3.1) of this Agreement, and WHEREAS, the holding of land development charges by County is subject to Section 29-1-801 C.R.S., added by 90 H.B. 1152. NOW THEREFORE, in consideration of the mutual promises and covenants contained he:tin. the parties hereto agree as follows: 111111111111111111 III 11111111111 111111 III 11111 IIII IIII 2786671 08/11/2000 01:14P JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO aoc; -/;79/ 1. TERM A. The term of this agreement shall be from the date first written above to the completion of paving the roads and final accounting by County and payment of all land development charges by the developer for WCR 35 at the completion of Phase 2, and for the charge. by the developer for WCR 10 at the completion of Phase 6. 2. OBLIGATIONS OF THE COUNTY A. Weld County plans to pave the roads at a 1997 estimated cost of$113,778.00 for WCR 35 and $56,887.00 for WCR 10. The paving improvements shall be for 12-foot trav el lanes with 4-foot shoulders designed in accordance with generally accepted engmecring practices. B. Design, construction, and maintenance of this portion of the roads shall be the responsibility of the County. C. County will accept the deposit of and maintain any land development charges in accordance with Section 29-1-803, C.R.S., and make accounting of the fund available to developer. D. County must pave WCR 35 before May 22, 2002, or forfeit all right to the land development charges which are the obligation of the developer whether already on deposit or remaining to be paid. County must pave WCR 10 no later than 18 months after the sale of the first lot in Phase 5 or forfeit all right to the land development charges which are the obligation of the developer whether already on deposit or remaining to he paid. Notwithstanding the foregoing, the County will not forfeit rights to land development charges if the Developer is not current in any obligation under this Agreement at the time the forfeiture by County would have occurred under the terms of this Agreement. The Developer will be deemed to be "not current" only if the Developer has failed to bring all obligations current within 30 days of dispatch by the County of notice of the delinquency. E. Weld County shall perform a final accounting once paving is completed and may ehargc against the land development fund 73 percent of the total cost of paving WCR 35 and 60 percent of the total cost of paving WCR 10. If the Developer has made deposits for all phases, County shall return to the Developer all the remaining funds in excess of 73 percent of the construction costs of WCR 35 and all remaining funds in excess of td) percent of the construction costs of WCR 10. Should the Developer not have paid and charges for all phases at the time paving takes place, the County shall be authorized to charge against the land development and for 73 percent of the costs of paving WCR 35 and 60 percent of the costs of paving WCR 10 and provide the Developer with a statement of the amount due to satisfy the obligation of the Developer. 2. OBLIGATIONS OF DEVELOPER A. Developer agrees to pay the amount of approximately 583,058.00 on WCR 35 and $34,133.00 on WCR 10 with the actual amount to be paid to be determined in accordance with paragraph 2.E. The Developer agrees to pay 1/7 of his outstanding obligation for WCR 35 as each lot is sold in Phase 3 and said funds to be completely 1111111 3111 III 11111111111111111 III 11111 IIII IIII 2786671 08/11/2000 01:14P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO paid to the County for WCR 35 prior to the sale of any lot in Phase 4. The Developer agrees to pay the entire obligation for WCR 10 prior to the sale of any lot in Phase seven or within 30 days of receiving notice that paving of WCR 10 has been completed. The Developer agrees to maintain one Deed of Trust for each phase other than Phases , 2, 3 and 4 to secure the obligations of the Developer under this Agreement until released by action of the Board of County Commissioners. B. The Developer shall only be released from this obligation if the County does not p.tve the road within the time frame set forth in paragraph 2.D herein. In no event shall Developer's obligation under this Agreement exceed the 1997 estimate of$83,058.00 on WCR 35 and $34,133.00 plus interest under paragraph 3.C subject to adjustment under paragraph 3.D. C. The Developer shall be obligated to pay an additional 8.25 percent per annum on t`re unpaid balance compounded annually from the date of completion as shown on the statement of the amount due if paving of either of the roads is completed prior to the fill] payment of the land development charges. D. The cost amounts identified in this agreement will be adjusted higher or lower for the year and quarter in which the contempleted 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. SEVERABILITY In any term or condition of this agreement shall be held to be invalid, or unenforceable, thi 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. 5. 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 expressed intention of the undersigned parties that any entity other than the undersigned parties receiving service,; or benefits under this Agreement shall be an incidental beneficiary only. 6. MODIFICATION AND BREACH This Agreement contains the entire agreement and understanding between the parties to the s Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, 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 terra provision, or clause of this Agreement shall be deemed as waived or excused, unless such ,vaiver 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. 111111111111111111 III 11111111111111111 III 11111 IIII IIII 2786671 08/11/2000 01:14P JA Suki Tsukamoto 3 of 4 R 0.00 0 0.00 Weld County CO 7. 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 expressed 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. IN WITNESS WHEREOF the parties hereto have signed this Agreement this 31st day of July , 2000. APPROVED AS TO FORM: MARTIN BROTHERS, TLC By`- Attorney for Developer Title: r e4.77- A-/ ,_y - COUNTY OF WELD, STATE OF ligiil COLORADO, by and through the Board of /�, County Commissioners of Weld County ATTEST: Il�,T .� By: s '� Q� it: i cc1 5 gam,' 1 Deputy Clerk to the BoA, . M. J. Geile, Chair Pro-Tem ♦ O (07 31/2000) U�� , APPROV/5D AS TO FORM' -- 1 Cquf ty Attorney 1 111111 11111 1111111 111 111111 11111 111111 III 11111 II11 Ill 2786671 08/11/2000 01:14P JA Suki Tsukamofo 4 of 4 R 0.00 0 0.00 Weld County CO -4-- Hello