HomeMy WebLinkAbout871155.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR COST-SHARING AND REIMBURSEMENT
CONCERNING CERTAIN WATER LINES IN TOWN OF FREDERICK AND m
AUTHORIZE CHAIRMAN TO SIGN
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WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home k o
Rule Charter, is vested with the authority of administering the yiv
affairs of Weld County, Colorado, and z
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WHEREAS, the Board has been presented with an Agreement for a `"
Cost-Sharing and Reimbursement concerning the replacement of
certain water lines in the Town of Frederick, the existing water y r
lines to be replaced are described as follows: a four-inch water H
line which lies in Fourth Street between Locust Street and Maple Z o
Street; and a six-inch line lying in Fourth Street between Maple O c
Street and Linden Avenue, and
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WHEREAS , the terms and conditions are as stated in said
Agreement, a copy of which is attached hereto and incorporated
herein by reference, and 0
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WHEREAS, after study and review, the Board deems it advisable
to approve said Agreement with the Town of Frederick, a municipal o
corporation; Grant Brothers Partnership; and Sam Hepp. pyo
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NOW, THEREFORE, BE IT RESOLVED by the Board of County o m
Commissioners of Weld County, Colorado, that the Agreement for
Cost-Sharing and Reimbursement with the hereinabove named parties no o
be , and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
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871155
Page 2
RE: COST-SHARING AGREEMENT
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The above and foregoing Resolution was, on motion duly made O r
and seconded, adopted by the following vote on the 31st day of t
August, A.D. , 1987 .
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Lf t BOARD OF COUNTY COMMISSIONERS
ATTEST: ,44, ,l e Utr �) WELD COUNTY ,COLORADO a
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Weld County C rk and Recorder z
and Clerk to the Board Gordo b . L c , airman a
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BY: C.W. Kirby, Pry o-T m NJ
erk
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APPR $fr/F ;; Gene R. Brantner z
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ounty Attorney EXCUSED m
Frank Yamaguchi
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871155
A 2idi] U
AGREEMENT FOR COST-SHARING AND REIMBURSEMENT
Parties :
The parties to this Agreement are Weld County, by and through o
its Board of County Commissioners ( "County" ) ; the Town of rn
Frederick, a municipal corporation ( "Town") ; Grant Brothers rn rn
Partnership ( "Grant" ) ; and Sam Hepp ( "Hepp") . �y
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WITNESSETH: k o
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The parties hereto, in consideration of the mutual covenants z N
set forth herein and for other good and valuable consideration, do o
promise, agree, and contract as follows : pyo
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1 . County is the owner of lots lying north of Fourth
Street, west of Linden Avenue, and east of Maple Street, in the
Town of Frederick, Weld County, Colorado , which is described as H
Lot 1 , Block 4 , Maplewood Subdivision, File #1 , Frederick, Weld z o
County, Colorado. The water mains currently serving the County n co
property are inadequate to supply adequate water to the County t• -4
property or other properties in the vicinity of the County
property, including the Grant property, which is described in x J
Exhibit A and the Hepp property, which is described in Exhibit B.
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2 . The parties all agree that it would be mutually
beneficial to replace the existing four-inch water line which lies O
in Fourth Street. between Locust Street and Maple Street, and
replace the existing six-inch line lying in Fourth Street between
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Maple Street and Linden Avenue. The parties further agree that
the cost of installing such water line shall be shared in y• o
relationship to the benefi,,t..,at� �,vg.g�Bch of the parties, which total
t(it:/ cost is estimated to be $f0'07. 00 . The actual costs will be
proportionately adjusted to the actual costs of the project. p ,
3 . The Town represents that there is a benefit to existing n o
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residents of the Town with the replacement with an eight-inch Q
w- e ne and therefore will contribute the estimated amount of
® ,4V , or 54% of the cost towards the construction of the
/� eight-inch water line . Weld County agrees initially to pay the
remaining expense of stallation of the water line in the
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estimated amount of �€f r 1. or 46% of the cost subject to the
q t / reimbursement provisions as set forth herein.
4 . Grant and Hepp agree to reimburse County for a
proportionate share of the expense of installing the eight-inch
vAtt line , with Grant being responsible for an estimated
pFl1CY $6; 0 or 32% of the total cost and Hepp being responsible for
an estimated $6"1- 7U0 or 4 . 3% of the total cost.
Page 1 of 5 Pages 871155
5 . Grant may, at its option , pay its entire proportionate
share within one (1) month of the installation of the water line
and the failure to do so will constitute an election to pay
one-eighth (1/8) of their share as each lot is sold plus nine
percent (9% ) simple interest per annum on the outstanding balance, bo
but in any event, the Grants agree to pay their share, plus
interest, in full within thirty-six (36) months of the date of
this Agreement. Further, Grants agree that no building permit may al
be issued for any structure on any of the lots described as part
of the Grant property unless and until the one-eighth (1/8) share
due with respect to that lot has been paid, which agreement shall ►c
be deemed to be a covenant running with the land for the benefit
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of Weld. Further, Grants agree that the Town of Frederick may z N
refuse to issue said building permits on each lot until the
one-eighth ( 1/8) share has been paid. CO
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6 . Hepp may, at its option, pay its entire proportionate
share within one (1) month of the installation of the water line °) ~'
g teand the failure to do so will onset to an election to pay
his share a e 3' is sold or developed, z
whichever is earlier, plus nine percent (9% ) simple interest, but
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in any event , Hepp agrees to pay his share, plus interest, in full r
within thirty-six (36) months of the date of this Agreement.
Further, Hepp agrees that no building permit may be issued for any x ~'
structure on any of the lots described as part of the Hepp st� �
property unless and until the one-half ( 1/2) share due with fir.)
respect to that lot has been paid, which agreement shall be deemed
to be a covenant running with the land for the benefit of Weld. o
Further , Hepp agrees that the Town of Frederick may refuse to
issue said building permits on each lot until the one-half (1/2)
share has been paid.
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7 . Town of Frederick agrees to withhold building permits
for properties currently owned by Hepp and Grant as described
herein unless it has determined by written notice from Weld that o N
reimbursement has been received for that property. Frederick
further agrees that building permits will ' be immediately issed n o
for the County property, recognizing that County does not agree o1O
that this Agreement is a proper condition precedent to the
issuance of such building permit and that County does not intend
to waive any argument to the contrary by signature hereon.
8 . Town agrees to contract through its bid process to have
the eight-inch water main installed under the supervision of the
Town Engineer. County agrees to pay its proportionate share of
the cost to the Town once bids are accepted for the project by the
Town.
9 . Notices : Any notice required or permitted by this
Agreement shall be in writing and shall be deemed to have been
sufficiently given for all purposes if sent by Certified or
Page 2 of 5 Pages 871155
Registered Mail , postage and fees prepaid, addressed to the party
to whom such notice is intended to be given at the address as set
forth herein or at such other address as has been previously
furnished in writing, to the other party or parties . Such notice
shall be deemed to have been given when deposited in the U. S .
Mail . In the alternative , notice may be given by service on any L
party in accordance with the Colorado Rules of Civil Procedure . co rn
County:
Weld County Board of County Commissioners
P. O. Box 758 Z
Greeley, CO 80632 Z No
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with a copy to: cv
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Weld County Attorney
P. O . Box 1948
Greeley, CO 80632 HF'
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Town of Frederick :
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Town of Frederick
P. O. Box 435
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Frederick, CO 80530
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with a copy to :
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Pete Goter
P. O. Box 321
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Frederick , CO 80530
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Hepp:
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Sam Hepp O ko
P . O . Box 771
Frederick, CO 80530
Grant:
Grant Brothers
515 Kimbark
Longmont , CO 80501
10 . Additional Documents or Action: Parties agree to
execute any additional documents and to take any additional action
necessary to carry out this Agreement.
Page 3 of 5 Pages 871155
11 . Integration and Amendment: This Agreement represents
the entire agreement between the parties and there are no oral or
collateral agreements or understandings . This Agreement may be fti to
amended only by an instrument in writing signed by the parties .
If any provision of this Agreement is held invalid or k.O w
unenforceable , no other provision shall be affected by such CY1
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holding, and all of the remaining provisions of this Agreement
shall continue in full force and effect. r
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12 . Default: Time is of the essence , and if any payment or o
other condition, obligation , or duty is not timely made , tendered, 2
or perfor,ned by any party, then this Agreement, with respect to z m
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that party, at the option of the party( ies) who are not in tico
default, may be terminated by the non-defaulting party(ies) , in C N
which case , the non-defaulting party may recover such damages as m
may be proper. If the non-defaulting party (ies) elect to treat
this Agreement as being in full force and effect, the
non-defaulting parties shall have the right to an action for H o
specific performance or damages or both.
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13 . Attorney' s Fees : If any party breaches this Agreement, m J
the breaching party shall pay all of the non-breaching parties' x I-.
reasonable attorney' s fees and costs in enforcing this Agreement sz, L;'
whether or not legal proceedings are instituted. w
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14 . Governing Law: This Agreement shall be governed by the n
law of Colorado and venue shall be proper in District Court in and W
for. the County of Weld. m-cr.
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15 . Binding Effect: This Agreement shall inure to the ZD
benefit of , and be binding upon, the parties , and their respective ti
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legal representatives , successors , and assigns in any third party G
acquiring any interest in the Grant or Hepp properties. n
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711113121(40:4"14 ft .....
WELD COUNTY, by and through its o
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ATTEST : Boars of County Commissioners p w
Weld County Clerk and Recorder
and Clerk to the Bo,rd
O By:
(-S � �� LIti 1G o E. y, Chairman
D putt' County Cl rk
ATTEST: TOWN OF FREDERICK
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8 : O l G.. .)1C1}` V 1 By �✓
'iow erk
871155
Page 4 of 5 Pages
GRANT BROTHERS :
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By: rnir 7,/e
SUBSCRIBED AND SWORN to before me this day of
3 �� c�+.n-� , 1987 . o �
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WITNESS my hand and official seal .
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My commission expires 9/CO o
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SAM P : t�i� ►�
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Sam Hepp O co
tTJ,a) SUBSCRIBED AND SWORN to before me this day of ,._.
, 1987 . Q, ..
WITNESS my hand and official seal. MN'
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Page 5 of 5 Pages 871155
EXHIBIT A (GRANT BROTHERS) ,/
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Lots 1-4 , Block 3 , of Maplewood Subdiivsion, Filing No. 1 ,
Town of Frederick, Weld County, Colorado, being four parcels of
land generally located in the NE* of Section 31 , Township 2 North,
Range 67 West of the 6th P.M. , Weld County, Colorado. n
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EXHIBIT B (SAM HEPP) \//5!
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Lot 7 , Block 2 , of Maplewood Subdivision, Filing No. 1 , town
of Frederick, Weld County, Colorado, being a parcel generally 1m
located in the NE} of Section 31 , Township 2 North, Range 67 West
of the 6th P.M. , Weld County, Colorado. w 0
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871155
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