HomeMy WebLinkAbout981844.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR ROAD IMPROVEMENTS FOR WELD COUNTY
ROAD 104 AND AUTHORIZE CHAIR TO SIGN - BRUNELLO, 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 Agreement for Road Improvements
for Weld County Road 104 between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Public Works Department,
and Brunello, LLC, 2229 Iraquois Drive, Fort Collins, Colorado 80525, 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 Road Improvements for Weld County Road 104
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Public Works Department, and Brunello, LLC,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 7th day of October, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: il
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,\ Constance L. Harbert, Chair
Weld County Clerk tat" Vetcd
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BY. �./ I� G,►� �_:�..�. /��
Deputy Clerk to thee� �� /'
N rge Baxter
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Dale K. Hall
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Barbara J. Kirkmeyer
n 981844
�(S (y, 3/Z2.xef ) RE2225
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AGREEMENT FOR ROAD IMPROVEMENTS FOR WCR 104
THIS AGREEMENT is made and entered into this 2 3 day of Sc-
(99 S by and between Brunello, LLC, 2229 Iraquois Drive, Fort Collins, Colorado, 80525,
Larimer County, developer of RE-2225 hereinafter referred to as Developer Brunello 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 Tenth Street,
Greeley, Colorado, 80631.
WITNESSETH:
WHEREAS,the Developer has obtained approval for a RE-2225, hereinafter referred to as
the Development, and
WHEREAS, WCR 104 will be improved by Brunello, LLC for the first 1,320 feet west of
the intersection of WCR 17
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM
A. The term of this Agreement shall be from the date first written above to the
completion of road improvements
2. OBLIGATIONS OF THE COUNTY
A. Upon completion of the road improvements and the filing of a State of
Substantial Compliance, the developer may request in writing that the
County Engineer inspect the road and recommend that the Board of County
Commissioners accept it for maintenance by the County. If the County
Engineer finds that the road is constructed according to county standards, he
shall recommend acceptance of the road for full maintenance. Upon receipt
of a positive unqualified recommendation from the County Engineer for
acceptance of the road,the board of County Commissioners shall accept said
road as public facilities and County property, and shall be responsible for the
full maintenance of said road including repair.
B. The standard of review shall be based upon Section 20 of Weld County
Ordinance 180 which reads in relevant part as follows:
Before a public road can be accepted by the Board of Weld County
Commissioners for maintenance,the road must meet the following minimum
conditions:
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20.1 The road shall be surveyed to determine right-of-way lines.
20.2 The width of the right-of-way cannot be less than thirty (30) feet wide. The road shall serve
a minimum of three legal lots, two or which must have taxable improvements. Properties
abutting the intersection of the road under consideration for acceptance and an existing
publicly-maintained road do not count toward the required three lots.
20.3 The minimum road width shall be 18 feet or meet the minimum design guidelines for the
anticipated traffic. (See Appendix "E")
20.4 The road must be adequately graded and drained.
20.5 A minimum of two inches of crushed rock must be provided on the traveled surface, or if
necessary, additional material may be required to support anticipated traffic loads.
20.6 The road cannot be fenced or gated, but if there are cattle in the area, a cattle guard can be
installed in accordance with the County cattle guard policy.
3. OBLIGATIONS OF THE DEVELOPER
A. Developer agrees that no recording of the plats is to occur until the work is
performed and accepted by the County which work is to be performed by
October 15, 1998.
B. In the alternative, Developer may post collateral in a form acceptable to the
Board and in accordance with the Weld County POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS. In order to establish the amount
of collateral required, the Developer shall submit quotes from at least three
reputable road contractors for consideration.
C. Except for the negligence of the County,Developer shall indemnify and save
harmless County, its successors, assigns, employees, and agents from any
damage or loss sustained by them or any of them arising by reason of
Developer's negligence with respect to the installation of improvements to
the right-of-way.
4. 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.
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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 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.
6. MODIFICATION AND BREACH
This Agreement contains the entire agreement and 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, 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 term, provision, or clause of this Agreement shall be
deemed waived or excused, unless such waiver 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.
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
express 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.
8. BINDING
This agreement shall be binding on the heirs, successors, and assigns of the parties.
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Suitt Tsukamoto
IN WITNESS WHEREOF the parties hereto have signed this Agreement this 2 3
day of `z c=P r y-t O cri , 19 28.
BY: �(-�C z BY �_,�
J hp . Nelson Tom T. Smith
Brunello, LLC
aVeDifi&elY:
(Notary) CUJ "„_
LeATTEST: 1�:+ft+�z?%J`` COUNTY OF WELD, STATE OF COLORADO,
by and through the Boj of 'o ioners of Weld County
mi tta ,
is G lei ru BY: C:.ca7V_ _.,,
Clerk to the Board ®f/wl Constance L. Harbert, Chairman(10/07/98)
APPROVED AS TO FORM:
Co y tome
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