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Home My WebLink About850116.tiff RESOLUTION RE: APPROVING ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT BETWEEN WELD COUNTY, BEEBE DRAW LAND COMPANY LIMITED AND BEEBE DRAW FARMS AND EQUESTRIAN CENTER PROPERTY OWNERS ASSOCIATION WHEREAS , Weld County Board of County Commissioners is vested with administering the affairs of County of Weld, State of Colorado, pursuant to State statute and Weld County Home Rule Charter, and WHEREAS, the change of zone from A (Agricultural) to P.U.D. (Planned Unit Development) was approved by the Board, pursuant to the Weld County Zoning Ordinance, Ordinance 89 , as amended, on December 5 , 1984 , on the application of Beebe Draw Cattle Company, and WHEREAS, a condition of the approval of the P.U.D. district was the requirement that "the applicant shall submit, and have approved, an agreement detailing the specifics of road improvements and road maintenance on Weld County roads impacted by the P.U.D. district, as referenced in Exhibit 'B' . " "The road improvements and maintenance agreement shall be approved by the Board of County Commissioners upon recommendation by the Weld County Engineering Department. " WHEREAS, the proposed agreement has been reviewed by the Director of Finance, County Attorney' s Office, Planning Department and the Engineering Department and by this Board during a work session and this Board, upon such recommendations , deems it appropriate to approve the agreement. NOW, THEREFORE, BE IT RESOLVED that the agreement for the Beebe Draw development between the County of Weld, State of Colorado, for road maintenance and improvement between the County of Weld, Beebe Draw Farms and Equestrian Center Property Owners Association, a Colorado perpetual non-profit corporation , and Beebe Draw Land Company, Ltd. , a Colorado partnership, is hereby approved and the Chairman authorized to sign the same. 850116 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of April, A.D. , 1985 . � /►� ` BOARD OF COUNTY COMMISSIONERS ATTEST: /+ LRsi; �+tU %C/ WELD COUNTY, C LORADO 1A1 -N, Weld County Clerk and Recorder and Clerk to the Boar J ue ine J son, Chairman / cPzJ / ��jjjjj�� 73 Dep tyy County C e ene R. Brantner, Pro em APPROVE AS TO FORM: 1a.-c- Bill Kir p ,r CüL) County Attorney Cor ac V Franc Yamaytchi / COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of April , 1985 , by and -between the COUNTY OF 1WELD, STATE OF COLORADO, hereinafter called "County, " and BEEBE DRAW FARMS AND EQUESTRIAN CENTER PROPERTY OWNERS ASSOCIATION, a Colorado perpetual non-profit corporation, hereinafter called "Owner, " and BEEBE DRAW LAND COMPANY, LTD. , a Colorado Partnership, hereinafter called "Developer, " WITNESSETH: WHEREAS, Developer has applied to the County for approval of a Planned Unit Development, Case No. Z - 412 : 84 : 13 , for recreational, residential and oil and gas development uses on land located on parts of Sections 3 , 4 , 5 , and 10 , and all of Sections 8 , 9 , 16 , -and 1'7 , all in Township 3 North, Range -65 West of the 6th Principal Meridian, Weld County, Colorado, and WHEREAS, the Planned Unit Development will generate additional traffic on the access road and other nearby roads, and WHEREAS, the existing County roads which provide access to the Planned Unit Development will require increased maintenance and improvements to adequately serve traffic, and WHEREAS , Developer has offered to accept certain road maintenance and improvement actions. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the County, the Developer, and the Owner mutually agree as follows: 1 . Primary access to the Planned Unit Development shall be via Weld County Road 32 from the town limits of Platteville to Weld County Road 39 and via Weld County Road 39 to the Planned Unit Development entrance located at a point south of Weld County Road 3b , a distance of approximately 8 miles. 2 . Other nearby roads are Weld County Road 39 from the Planned Unit Development entrance south of Weld County Road 36 -to Weld County Road 44 , a distance of approximate 4 . 5 miles; Weld County Road 38 from Weld County Road 39 to Weld County Road 43 . 3 . Commencing with the completion of the Planned Unit Development entrance road from Weld County Road 39 to the equestri-an center, and after the recording of the final plat for the fist phase of the PUD, Owner agrees to maintain the roadway surface of unpaved portions of access and nearby roads , including: Weld County Road 32 from Weld County Road 35 to Weld County Road 39 , Weld County -Road 39 from Weld County Road 32 to Weld County Road 40 , and Weld County Road 3E from Weld County Road 39 to Weld County -Road 43 , an aggregate distance of approximately 8 . 0 miles. Maintenance of the roadway surface will consist of regular -grading to keep the surface reasonably smooth without large washboards or potholes , so that it ran comfortably be driven at 40 m.p.h. ; to keep the road shaped to drain, and to keep the ditches open -and free of debris. Gravel will be placed as required to maintain an adequate road surface. Owner represents that he is an independent contractor and not an employee or agent of the County. -Owner agrees to identify to County an individual responsible for Owner's maintenance functions under this agreement. County will notify the responsible individual by telephone , with written follow-up, concerning any observed deficiencies in the maintenance program. 4 . Owner agrees to provide an adequate dust abatement program on the approximately 8 .0 miles of unpaved road for which he -provides maintenance. Water, asphaltic emulsions, waste oil or commercially available chemicals may be used to control dust. Owner is responsible for using materials and methods not inconsist with any federal, state, or local laws, rules or regulations pertaining to hazardous materials, health or environmental protection. 5 . Owner agrees to provide snow removal adequate to allow two lanes of passage for -passenger cars on the approximately 8 . 0 miles of unpaved road for which he provides maintenance. 6 . County agrees to furnish, at designated sources , suitable material for gravel replacement on the approximately £ .0 miles of unpaved road for which Owner provides maintenance. Owner shall be responsible for delivery of material to the work location. County will load material if loading equipment is reasonably available. Owner can use his own equipment, at this expense , to load material. 7 . Indemnator, Owner, hereby agrees to indemnify Indemnitee , County, from any and all liability, loss , or damage 2 Indemnitee may suffer as a result of claims , demands , costs , or judgments against it arising out of maintenance work performed by the Owner pursuant to this Agreement. Owner will provide performance guarantees as more fully set forth in a separate document which will set forth the requirements for financial guarantees for improvements to be made by Developer and work to be performed by Owner. Owner will provide insurance against personal injury and property claims covering County and Owner for claims arising out of the terms and conditions for road maintenance in this Agreement in the amount of $1 ,000 ,000 .00 and require similar insurance from any subcontractor, provided that such coverage shall indemnify County only to the extent of County' s liability under this agreement and not in excess of Colorado statutory limits on governmental liability. Performance guarantees for both the maintenance and construction of this project will be provided in a manner not inconsistent with the Weld County policy regarding collateral for improvement prior to the first filing of the final PUD plat. 8 . County agrees to maintain, repair or replace culverts, signs, markers , and other roadway appurtenances on the approximately 8 .D -miles of unpaved road for which Owner provides maintenance, except for repairs required as a result of Owner's maintenance operation for which Owner will be responsible. 9. Developer agrees to pave the access road to the Planned Unit Development, as defined in paragraph 1 above. The project shall include necessary earthwork, base work, utility relocation, right-of-way acquisition, drainage structures rehabilitation, and surfacing to provide a paved roadway 24 feet in width, with gravel shoulders 8 feet in width. Design standards shall reflect the AASHTO and Colorado Department of Highways standards in effect at the time of the project, with horizontal and vertical alignment based on a design speed of 55 m.p.h. and pavement sections based on an average daily traffic volume of 5 ,30D vehicles consisting of 53% passenger cars , 36% pickup trucks, 8% single unit trucks, and 3% combination trucks , and a directional split of 60% in the peak direction with a regional adjustment factor of 1 .5 . 10 . Developer agrees to initiate action to accomplish paving of the access road at such time as there are 10D dwelling units with Certificates of Occupancy in the Planned Unit Development. Paving, including engineering, construction, and opening for traffic, shall be completed within 36D days from -date of initiation. 3 11 . All construction and materials shall be in accordance with the Standard Specifications for Road and Bridge Construction of the Colorado Department of Highways, with reference to the edition current at the time project is initiated. County shall review and approve the construction plans prior to construction and shall have the same authority as the Engineer, as defined in the specifications for the project, to inspect construction. 12 . Costs of the paving project shall be apportioned between Developer and County as follows: Developer' s County' s Share Share Side ditch, culvert, and 100% 0% driveway replacement Design Engineering 100% 0% Earthwork, grading, paving 100% 0%1 Drainage structures 0% 100% repair/replacement Utility relocations 100% 0% Utility easements 0% 100%2 Right-of-Way 0% 100% Traffic control devices 0% 100% Inspection by design engineers 100% 0% Developer agrees to bid and contract for the work. Costs of work items, which are the responsibility of County which have not been separately contracted for or performed by the County, will be billed by Developer to County and County will pay Developer. County shall be responsible for payment of costs due in future fiscal years only if funds are appropriated and are otherwise available for the services and functions which are described herein. If construction and financing is to be performed through a statutory district, work shall be done in accordance with the 1Developer shall bear the cost of this item only to the extent that it might have to extend or relocate a culvert due to road width and to the extent that it is necessary to maintain current flow capacity. Any enlargement or new construction shall be at the total expense of the County. 2Developer shall be responsible for cost of acquisition of right-of-way only if it is not possible to meet minimum design standards within the existing 60-foot right-of-way. 4 statute, provisions of this paragraph to the contrary notwithstanding. 13. Upon completion and acceptance of paving of the access road, Owner shall be relieved of all road maintenance, dust abatement, and snow removal responsibilities defined in paragraphs 3, 4 , and 5 above with the sole exception of Weld County Road 38 from Weld County Road 39 to Weld County Road 43 . Owner will enter into a separate agreement with County for maintenance of Weld County Road 38 . Upon completion and acceptance of paving of the access road and execution of an agreement for maintenance of Weld County Road 38 , this Agreement shall be void. 14 . If, prior to the completion of the construction of the access road pavement, Weld County issues zoning or U.S.R. approval for any other residential , commercial, or industrial development , or any expansion of any agri-businesses, that will be using as access any of the approximate 8 miles of County roads paved at the expense of the Developer, the County, to the -extent permitted by law, agrees to seek contributions to the cost of the road, pro rata as the projected use of the roads involved compares to the Beebe Draw Farms and Equestrian Center PUD ' s projected use of the roads. 15 . It is the intent of the parties that this Agreement remain in full force and effect until it terminates according to its own terms and that it be binding upon the Owner and Developer and their heirs , successors , and assigns, and on this Board and future Boards to the fullest extent permitted by law. Should this Agreement, or any portion thereof, be found to be void or voidable for the reason that it binds the Board of County Commissioners for more than a one year period of time, this contract shall be construed as one-year contract with automatic annual renewals. 17 . The addresses of the parties are as follows: Weld County Board of County Commissioners 915 Tenth Street P. O. Box 1948 Greeley, CO 80632 Beebe Draw Farms and Equestrian Center Property Owners Association c/o Morris Burk, General Partner 1551 Larimer, Suite 2706 Denver, CO 80202 5 Beebe Draw Land Company, Ltd. c/o John B. Houtchens Attorney at Law 1007 Ninth Avenue Greeley, CO 80631 It shall be the obligation of the parties to notify each other of any change of address, registered agent, or change of ownership. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the �day and year first above written. ATTEST:%in O :414 44" BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County lerk and Recorder I�p,6`� and Clerk to the Boar BY' IV C ai n B . De uty Clerk ATTEST: BEEBE D W FARMS AND EQUESTRIAN CENTER F PERTY OWNERS ASSOCI ION By: By: Alv5 ATTEST: BEEBE W LAND COMPANY,Y LTD. By: By: 0 , G . Psa 6 Hello