HomeMy WebLinkAbout940987.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR RECONSTRUCTION OF WALNUT STREET BETWEEN CHIMNEY PARK
DRIVE AND COLORADO STATE HIGHWAY 257 WITH TOWN OF WINDSOR, UNIVERSAL
FOREST PRODUCTS, INC. , AND GREELEY/WELD ECONOMIC DEVELOPMENT PARTNERSHIP
AND AUTHORIZE CHAIRMAN TO SIGN
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 Agreement for Reconstruction
of Walnut Street between Chimney Park Drive and Colorado State Highway 257 among
the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Public Works
Department, and the Town of Windsor, Universal Forest Products, Inc. , and
Greeley/Weld Economic Development Partnership, with 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 Agreement for Reconstruction of Walnut Street between
Chimney Park Drive and Colorado State Highway 257 among the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Public Works Department, and the Town of Windsor,
Universal Forest Products, Inc. , and Greeley/Weld Economic Development
Partnership be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 5th day of October, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: LeMG�Z44( WELD COUNTY, COLORADO
Weld County Clerk to the Board ge. JQ_1 t7
eb ter, hairman
BY: 51111,1kk- ( Y L1llX@ v
Deputy qierk to the Board Dale Hall, o- em
APPROVED AS TO FORM:
Geo E. Baxter
C unty Att rney Conn tance L. Harbert
arbara AMA., J %/er lid J
arbara J. Kirkm er
940987
F(,OD 33 e.c ; 101,4)).ei9jzouvbs-m_) PL
AGREEMENT FOR RECONSTRUCTION OF WALNUT STREET
BETWEEN CHIMNEY PARK DRIVE AND COLORADO STATE HIGHWAY 257
COUNTY OF WELD, STATE OF COLORADO
THIS AGREEMENT is made and entered into this 5jtkday of
, 1994, by and between the TOWN OF WINDSOR, COLORADO,
by and through its Town Council, hereinafter referred to as "the
Town" ; WELD COUNTY, COLORADO, by and through the Board of County
Commissioners of Weld County, hereinafter referred to as "the
County" ; UNIVERSAL FOREST PRODUCTS, INC. , a Michigan corporation
doing business in Colorado, hereinafter referred to as "UFP" ; and
the Greeley/Weld Economic Development Partnership, hereinafter
referred to as "EDAP" .
WITNESSETH:
WHEREAS, the Town is an incorporated municipality in the State
of Colorado, with principal offices located at 301 Walnut Street,
Windsor, Colorado 80550, and has the authority to annex areas into
its corporate boundaries, thereby accepting the responsibility to
maintain the streets and roads so annexed, and
WHEREAS, the County is a political subdivision of the State of
Colorado, with principal offices located at 915 10th Street,
Greeley, Colorado 80631, and has the responsibility to maintain
those streets, roads, and highways within its boundaries, and
WHEREAS, UFP is a wholesale distributor and manufacturer of
wood products and is currently undertaking a substantial expansion
of capacity creating approximately twenty (20) new jobs while
retaining sixty-five (65) FTE jobs, and
WHEREAS, EDAP is a countywide nonprofit economic development
agency in Weld County, Colorado, which acts as administrator of the
Greeley/Weld Urban Enterprise Zone, and
WHEREAS, in order to provide adequate transportation to the
UFP facilities, that portion of Walnut Street between Chimney Park
Drive and Colorado State Highway 257 , County of Weld, State of
Colorado, requires reconstruction, including curb, gutter, asphalt
pavement, sidewalk drainage facilities, street lighting, and other
associated improvements, all of which are fully detailed in the
attached Exhibit "A" , and
WHEREAS, upon the completion of said reconstruction, the Town
wishes to annex said portion of Walnut Street into its corporate
boundaries, and
Page 1 of 6 Pages
16-OO33 gyl)9S77
( $137 ,541) in order to complete the Walnut Street
Project.
c . The Town agrees to be responsible for all
engineering and contract administration of the
Walnut Street Project, including engineering
design, construction, inspection, and materials
testing.
d. The Town agrees to annex property owned by UFP and
Walnut Street, between Chimney Park Drive and
Colorado State Highway 257 , and to proceed to
completion of the annexation in a timely manner,
not to exceed ninety (90) days .
e. The Town shall assume maintenance responsibility
for said portion of Walnut Street once its
annexation into the Town' s boundaries is complete.
f . The Town shall irrevocably pledge all contributions
as paid over by the Town, the County, and UFP to
EDAP and consequently collectively paid over by
EDAP to the Town.
3 . Obligations of the County.
a. The County' s current road maintenance obligation
for said portion of Walnut Street is to reconstruct
only the twenty-four foot (24 ' ) width of pavement.
Although the Town wishes to reconstruct the street
to a greater width, the County shall contribute
only Sixty-Three Thousand Two-Hundred Fifty Dollars
( $63,250) , which is the amount of money necessary
to reconstruct a twenty-four foot (24 ' ) width of
pavement (without curbs, gutters, and/or
sidewalks) .
b. County' s maintenance obligation for said portion of
Walnut Street shall end upon Town' s annexation of
the street.
4 . Obligations of UFP.
a. Upon initiation of the reconstruction of Walnut
Street, UFP will submit a petition for annexation
of its property to the Town.
b. UFP shall contribute Seventy-Seven Thousand Six
Page 3 of 6 Pages
940987
WHEREAS, the Town needs to construct a new water line to
provide service to UFP and to complete a loop in Windsor's water
system, with said improvements being fully detailed in said Exhibit
A, and
WHEREAS, said reconstruction of the portion of Walnut Street
described above and said water system improvements are hereinafter
collectively referred to herein as "Walnut Street Project" , and
WHEREAS, besides accommodating the specific immediate needs of
UFP, the Walnut Street Project will provide Town with the ability
to better serve other growing existing residential, commercial, and
industrial users located in the area, and
WHEREAS, the Town has applied for and obtained a grant in the
amount of $30, 000 and a loan in the amount of $65,000 from the
Colorado State Department of Local Affairs to assist in the
completion of the Walnut Street Project, and
WHEREAS, the Town, the County, and UFP now desire to
contribute those monies detailed below to the Walnut Street
Project, and
WHEREAS, the Town has applied to EDAP requesting the approval
of an "enterprize zone credit" for the contribution to be made by
UFP, which request is to be considered by EDAP at its October, 1994
meeting.
NOW, THEREFORE, in consideration of the mutual promises,
covenants, obligations, payment, and performances of the parties
hereto, it is mutually agreed between the parties as follows :
1 . Term. The term of this Agreement shall be from the date
of its final approval until the date of completion of the
Walnut Street Project or until the completion of the
annexation by the Town of that portion of Walnut Street
between Chimney Park Drive and Colorado State Highway
257, whichever occurs later.
2 . Obligations of the Town.
a. During the Walnut Street reconstruction, the Town
agrees to construct a ten-inch ( 10" ) water line in
Walnut Street in accordance with engineering plans
to be approved by the Town Engineer.
b. The Town agrees to contribute One Hundred Thirty-
Seven Thousand Five Hundred Forty-One Dollars
Page 2 of 6 Pages
94. 0087
Hundred Fifty-Four Dollars ( $77,654 ) to the Walnut
Street Project.
c . No later than completion of the project, UFP shall
submit engineering drawings detailing the
connection of its domestic sewer system to the Town
sewer system, as well as its connection to the
water system of the Town.
5 . Obligations of EDAP.
a. EDAP shall consider, at its October meeting, whether
the Walnut Street Project qualifies for state income
tax credit status for UFP upon its contribution as
provided for in Section 1f.�,, above.
b. EDAP shall pay over all contributions received, as
provided for in Section`Z.-P, above, to the Town for
use in completing the Walnut Street Project.
6 . Construction Cost Estimates . Should the actual Walnut
Street Project costs be less than the estimates set forth
in Exhibit A, then the Town's contribution shall be
reduced in the amount of any savings so realized.
Conversely, should the actual Walnut Street Project costs
be more than the estimates set forth in Exhibit A, then
the Town' s contribution shall be increased by the amount
of the cost overrun.
7 . 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 term or condition to the extent that this Agreement
is then capable of execution with the original intent of
the parties hereto.
8 . No Third-Party Beneficiary Enforcement. It is expressly
understood and agree 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 that any entity, other than the
undersigned parties, receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
Page 4 of 6 Pages
9409S7
9 . Contingency. It is expressly understood and agreed that
the terms and conditions of this Agreement shall be
specifically contingent upon EDAP' s approval of the
Walnut Street Project' s eligibility for state income tax
credit.
10 . Modification. This Agreement may not be enlarged,
modified, or altered except in writing, signed by all
parties hereto.
11 . Applicable Law. This Agreement shall be interpreted in
accordance with Colorado law.
12 . Binding Effect. This Agreement shall be binding upon and
inure to the benefit of the heirs, successors, and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have signed this
Agreement the day and year first above written.
ATTEST: TOWN OF W OR, COL RADO
(1) >� � 2 .zf,� ' Y: A/
Town Jerk �' T mas Jones, ayor
ATTEST: I 4/'t % ' O WELD COUNTY, COLORADO
CLERK TO THE BOARD OF
COUNTY COMMISSIONERS BY: ba
W. H. Webs er,-Chairman q4//o,a
BY: � k Deputy Cl r to ti rd
Page 5 of 6 Pages
9409%?
UNI •R RODUCTS, INC.
BY: 1 ��
President
P
UB C IBED AND SWORN to before me this /a �% day of
, l9? .
WITNESS my hand and official seal .
Notary Pu is
fl-CG -80-611
My commission expires: g- P-9 (
GREELEY / WELD ECONOMIC
DEVELOPMENT PARTNERSHIP
BY: Efr -7 7
Bill Argo, Presi nt
GIBED AND SWORN 1to before me this 9ti4 day of
9 9V
WITNESS my hand and official se
No ry Pu lic
9 10th St. , Greeley, CO 80631
My commission expires : 6/96.
Page 6 of 6 Pages
940937
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