HomeMy WebLinkAbout971279.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR ROAD IMPROVEMENTS ON WELD COUNTY ROADS
35 AND 10 WITH MARTIN BROTHERS, LLC, AND AUTHORIZE CHAIR TO SIGN
ANY NECESSARY DOCUMENTS - BUFFALO RIDGE ESTATES
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, by Resolution dated January 29, 1997, a Site Specific Development Plan
and Major Subdivision Final Plat, S #414, for Buffalo Ridge Estates on the following described
real estate, to -wit:
Part of the SW%NW% and part of
the SW' of Section 12, Township 1
North, Range 66 West of the 6th
P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval in said Resolution, the Board
has been presented with an Agreement for Road Improvements on Weld County Roads 35 and
10 between the County of 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 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 on Weld County Roads 35
and 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.
971279
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SUBD
AGREEMENT FOR ROAD IMPROVEMENTS- BUFFALO RIDGE ESTATES - MARTIN
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any necessary documents.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of July, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WEL?OUNTY, C7ADO
eorge e' Baxter, Chair
,//i�,0./J
stance L. Harbert, Pro-Tem
Dale K. Hall
/Barbara J.
Kirkmeyer.
W. H. Webster
i
/1)2 Sri?
971279
SUBD
AGREEMENT FOR ROAD IMPROVEMENTS FOR WCR 35 AND WCR 10
THIS AGREEMENT is made and entered into this 22 day of May , 19 97 ,
by and between Martin Brothers LLC, developer of Buffalo Ridge Estates, hereinafter referred to
as "Developer", with an address of 147 S. Denver Avenue, Fort Lupton, Colorado 80621, Weld
County Colorado, 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 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, WCR 35 from Colorado Highway 52 to Eagle Road and WCR 10 from
WCR 37 to 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 and
nine lots in the first phase, eight lots in second phase, seven lots in third phase, seven lots in forth
phase, seven lots in fifth phase, eight lots in sixth phase, and seven lots in seventh phase, and
WHEREAS, the Weld County Engineer has performed vehicle counts on traffic into and
out of the current WCR 35 and WCR 10, and based upon those counts the parties agree that the
average daily 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 will 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, costs of paving WCR 35 from Colorado Highway 52 to Eagle Street is
estimated to be $113,778.00. Costs of paving WCR 10 from WCR 37 to Meadow Lark Road is
estimated to be $56,889.00, and
WHEREAS, the holding of land development charges by County is subject to C.R.S. §
29-1-801 added by 90 H.B. 1152.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
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Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
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 charges by the developer for WCR 10 at the completion of
phase 6.
2. OBLIGATIONS OF THE COUNTY
A. Weld County plans to pave, within five years of the date written above, the
roads at a current estimated cost of $113,778.00 for WCR 35 and an estimated
cost of $56,887.00 for WCR 10. The paving improvements shall be for 12 foot
travel lanes with 4 foot shoulders designed in accordance with generally accepted
engineering 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 C.R.S. § 29-1-803 and make accounting of the fund
available to developer.
D. County must pave the roads within five years of the date first written
above 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.
E. Weld County shall perform a final accounting once paving is completed
and may charge against the land development fund 73 per cent of the total cost of
paving WCR 35 and 60 per cent 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 per cent of the construction costs of WCR
35 and all remaining funds in excess of 60 per cent of the construction costs of
WCR 10. Should the Developer not have paid land charges for all phases at the
time paving takes place, the County shall be authorized to charge against the land
development fund for 73 per cent of the costs of paving WCR 35 and 60 per cent
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.
3. OBLIGATIONS OF DEVELOPER
A. Developer agrees to pay the amount of approximately $83,058 on WCR
35 and $34,133 on WCR 10. The actual amount to be determined in accordance
with paragraph 2.E. and said funds to be paid to the County prior to the sale of
any lot in phase three. The Developer agrees to provide one Deed of Trust for
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each phase simultaneous with presenting the Development plat for recording the
Deeds of Trust shall secure the obligations of the Developer under this
Agreement.
B. The Developer shall not be released from this obligation unless County
does not pave the road within the time frame set forth in paragraph 2.D. herein. In
no event shall Developer's obligation under this Agreement exceed $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 6.25 per cent per
annum compounded annually from the date of the statement of the amount due if
paving of the Roads is completed prior to the paymentof the Phase 3 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 contemplated 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, 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.
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 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
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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 as 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
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.
8. BINDING
This Agreement shall be binding on the heirs, successors, and assigns of the
parties.
IN WITNESS WHEREOF the parties hereto have signed this Agreement this.- day
,19�
APPROVED AS TO FORM:
/vJ
Attorney for Develo.e
ATTES
BY:
Cle k to th
APPROVED AS TO FORM:
tit
MARTIN BROTHERS, LLC
By:
CO j1 Y OF ELD; S"lA
COLORADO, by and through the Board of
County commissioners of Weld County
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COLORADO
MEMORANDUM
TO: Clerk to the Board DATE: June 30, 1997
FROM: Don Carroll, Project Coordinator Pt
SUBJECT: Agenda Item
Please place the following item on Wednesday, July 2nd, Board meeting agenda:
Agreement for Road Improvements on WCR 35 and WCR 10
between Martin Brothers LLC, developer of Buffalo Ridge
Estates and Weld County.
The appropriate documentation is attached.
board.mem
971279
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