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RESOLUTION
RE: APPROVE ROAD IMPROVEMENTS AGREEMENT AMONG THE TOWN OF ERIE,
NORTHRIDGE DEVELOPMENT, LLC, AND WELD COUNTY AND AUTHORIZE
CHAIR 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 a Road Improvements Agreement
among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, the Town of Erie, and Northridge Development, 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 Road Improvements Agreement among the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, the
Town of Erie, and Northridge Development, 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 21st day of January, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: � �� c 72 -c ,E;Lc luk c• 5�i�
Weld Coun , Constance L. Harpert, Chair
�, .,��►►�• Ala n � � W. H. Webser, ro-/Lini ' /
m
Deputy C�I� !: n�: ►� 4/Baxter
/
APP AST RM: EXCUSED
Dale K. Hall
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unty Attor?y 1 �(�-S,7 .,, ,,,` ��,, , -c
arbara J. Kirkmeyer I
980093
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CORRECTED
COUNTY OF WELD, STATE OF COLORADO
ROAD IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this ,7?/st day of cry 1997,
by and between the County of Weld, State of Colorado, 915 10th Street, acting through it Board of
County Commissioners hereinafter referred to as the "County"; and the Town of Erie, State of
Colorado, acting through its Town Board, hereinafter referred to as the "Town; and Northridge
Development, LLC,hereinafter referred to as the "Developer."
WITNESSETH:
WHEREAS, The Town is vested with the authority of reviewing development proposals and
allowing the subdivision of land within the Town limits, and
WHEREAS,pursuant to C.R.S. § 29-1-203 the Town and County are authorized to enter into
contracts to provide services, functions and facilities authorized to each, which authority is
reaffirmed in the Weld County Home Rule Charter, Article II, § 2-3, and
WHEREAS, County and Town have authority to maintain, improve and administer roads
within their jurisdiction and the authority to require developers of land to contribute improvements
to public roads impacted by the development, and
WHEREAS, The Town annexed and approved the platting of Northridge Subdivision, and
WHEREAS, Weld County Road(WCR) 10.5 is located on the north boundary of Northridge
Subdivision and the roads within Northridge Subdivision will access WCR 10.5 resulting in
increased traffic on WCR 10.5, and
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WHEREAS, The Town will require the Developer to pave WCR 10.5 adjacent to Northridge
Subdivision and west to WCR 1, and
WHEREAS, The Town has not annexed yet WCR 10.5; therefore, WCR 10.5 is under the
jurisdiction of the County, and
WHEREAS, It is desirable to pave WCR 10.5 between WCR 3 and WCR 1 at an estimated
cost of$200,000.
NOW THEREFORE, In consideration of the mutual covenants hereinafter set forth, the
parties agree as follows:
COUNTY'S OBLIGATIONS
1. County will share the cost of paving WCR 10.5 between WCR 3 and WCR 1, in accordance
with plans and specifications to be developed by the County and approved by the Town and
Developer, on a 50/50 basis up to a total cost of$ 230,000 and assume all costs in excess of
1 _
$230,000. Such costs shall notinclude items added to the plans by the ,p
Town and/or Developer, unless agreed to by the County.
2. The County will provide a set of contract documents and specifications to Develo r
adequate to manage the construction in substantially the form attached as Exhibit A.
3. County, subject to review by the Town, will inspect the construction, test materials, and
administer the construction of the project.
4. County will contact all utility companies and arrange for all utility adjustments and
relocations. Any relocations within the existing County right-of-way will not be included
as expense of the project.
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(1yoa9.3
5. Upon final construction, the County will execute any documents necessary to have the road
right of way annexed to the Town.
DEVELOPER's OBLIGATIONS
6. The Developer will provide construction plans and a tabulation of quantities subject to
review and approval by the County and the Town. The Developer will supply a legal
description for a right-of-way dedication on the Hocker property that is located between the
existing fence line and the existing right-of-way. This work shall be completed within 30
days of the execution of this agreement.
7. Developer shall share the cost of paving WCR 10.5 between WCR 3 and WCR 1, in
accordance with plans and specifications to be developed by the Developer and approved by
the Town and County, on a 50/50 basis up to a total cost of $230,000 but shall not be
obligated for any of the total costs of the project in excess of$230,000. Such costs
shall not include items added to the plans by the Town and/or Developeih/
unless agreed to by the County.
8. After County has contacted adjacent landowners, the Developer will stake the right-of-yiy _
from WCR 3 to WCR 1.
9. The bids will be opened at time and place specified in the contract documents and examined
by the County, Town, and Developer. If the bids exceed ten percent (10%) more than the
final estimate, they may be rejected by the County or the Developer.
10. The Developer will contract for the construction, and when built by the contractor and
accepted by the County. County will make prompt payment of its fifty percent(50%) share
to the Developer. The Developer will require the contractor to provide a Performance Bond,
a Payment Bond, Insurance, and a One Yr. Final Receipt and Guarantee for the project, to
the Developer and the County as described in the contract documents and specifications.
11111111111111111111111111111 �ll1111111 III 11111MIME
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Page 3 of 6 Pages
qW9-3
ERIE'S OBLIGATIONS
11. Assume jurisdiction by annexation in accordance with state statute once paving has occurred.
GENERAL PROVISIONS
12. DESIGN: The design shall include a typical roadway section of a 24-foot asphalt driving
surface with four-foot aggregate shoulders, 4:1 back slopes, and a 24-inch deep ditch from
the edge of the shoulder. The asphalt will be three inches thick over eight inches of
aggregate base course.
13. INDEMNIFICATION: To the extent authorized by law, Contractor agrees to indemnify,
save, defend, and hold harmless County and Erie from any and all liability incurred as a
result of acts, omissions, or failures to act by in its performance of Contractors duties set
forth in this Agreement on those portions of the streets and roads located within county or
Erie's jurisdictional boundaries. The term"liability" includes,but is not limited to, any and
all claims, damages, and court awards, including costs, expenses, and attorneys' fees,
incurred as a result of any act or omission by County and its employees.
14. 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. By virtue of its entering into this Agreement
and upon its promises to perform the work described herein, Parties make no warranties,
either express or implied, that the paving of meets or will meet standards other than those
generally required for counties and municipalities of the size and type similar to County and
Town. 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
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AIM 11111111111 HEI IIIN III 1111111III 111111111 IIII
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beneficiary only. Notwithstanding anything contained herein to the contrary, Developer
acknowledges and agrees that the Town and County are beneficiaries of this Agreement and
is obligated to the Town and County for any damages Town and County may incur as a
result of any breaches hereunder by developer.
15. TERM OF AGREEMENT: The term of this Agreement shall be from the date first written
above to and until such time as: a) the paving/repaving project is completed and accepted
by the County, and b)the costs are paid by the County to Developer, and c)jurisdiction over
the roadway is transferred to Erie by County.
16. ENTIRE AGREEMENT: 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.
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement the day and
year first-above written.
ATTEST: TOWN OF ERIE, COLORADO
C +-,y. By: c
r .N^ Vic Smith, Mayor
A.
lic1 )
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APPROVED AS TO FORM:
, T n Attorney
Monk 2 .Shap,r;
ATTEST: •
VELOPER
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld Cou 91kfilcae WELD COUNTY, COLORADO
7
By: BY:( .,4/yTr 1.-6, 4,4 4t .0-c,:A
Deputy r Constance L. Harbert, Chair
1IN (01/21/98)
APPRO AS TO FORM:
ce Ba dce
We County Attorney
M:\W PF ILE S\AGREE\ERI E97.DS
Page 6 of 6 Pages
1 MEI 11111 11111 111111111 III 1111111 III IIIII 110 IIII
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EXHIBIT A
SUMMARY OF QUANTITIES
CONSTRUCTION OF WELD COUNTY ROAD 10.5
UNIT
NO. DESCRIPTION
QUANTITY UNIT PRICE AMOUNT
201 Clearing and Grubbing 1 L.S. $ $
202 Removal of Str. & Obstr. 1 L.S. $ $
203 Embankment Material
(Complete in Place) 3000 C.Y. $ $
210 Remove & Replace Ground Sign 5 Each $ $
212 Seeding 4 Acre $ $
212 Mulching 4 Acre $ $
304 A.B.C (Class 6) (CIP) 11980 Ton $ $
304 Crushed Aggr. Shldr Surface 835 Ton $ $
403 HBP (Grade C, C. I . P. ) 2500 Ton $ $
411 Emulsified Asphalt 2270 Gal. $ $
(Slow Setting)
506 RipRap 18" 100 C.Y. $ $
601 Structural Concrete (Misc) 9.25 C.Y. $ $
603 18" Corrugated Steel Pipe 177 L. F. $ $
603 24" Corrugated Steel Pipe 153 L.F. $ $
603 18" Equiv. Corr. Steel Pipe 79 L.F. $ $
Arch
603 54" Equiv. Corr. Steel Pipe
Arch 23 L. F. $ $
603 18" Steel End Section 4 Each $ $
603 24" Steel End Section 4 Each $ S
603 18" Equiv. Arch Steel
End Section 2 Each $ $
620 Sanitary Facility 1 Each $ $
625 Construction Surveying 1 L.S. $ $
626 Mobilization 1 L.S. $ $
630 Detour 1 L.S. $ $
TOTAL BID $
1111111 VIII 111111 Ill 111111 III 1111111 III 1111111II IIII
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-�yi
QUIT CLAIM DEED
THIS DEED,made this t45 day of cl? 4.4L4 199:f, between the Board of
Weld County Commissioners, of the first part, and the Town of Erie, of the second part.
WITNESSETH, that the said party of the first part, for and in consideration of good and
valuable consideration,to the said party of the first part,the receipt whereof is hereby confessed and
acknowledged, has remised,released, sold, conveyed and QUIT CLAIMED, and by these presents
does remise,release,sell,convey and QUIT CLAIM unto the said party of the second part, its heirs,
successors and assigns, forever, all the right, title, interest, claim and demand which the said party
of the first part has in and to the following described lots or parcels of land situate, lying and being
in the County of Weld and State of Colorado, to wit:
All that portion of Weld County Road 3 located in Sections 31, and 32. Township
1 North,Range 68 West of the 6th P.M., Weld County, Colorado,North of the North
Line of the right-of-way for Colorado State Highway 7 and South of that portion of
Weld County Road 3 vacated and abandoned by Resolution of the Board of County
Commissioners dated August 20, 1975 and reflected in a Quit Claim Deed of the
same date recorded on August 21, 1975,at Book 746,Reception No. 1667926,which
portion of Weld County Road 3 runs for an approximate distance of 2,148 feet north
of the center line of Colorado State Highway 7.
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only
o m� proper use, benefit and behoof of the said party of the second part, heirs and assigns forever.
Ewa
a a IN WITNESS WHEREOF,the said party of the first part has hereunto set its hand and seal
CO— the day and year first above written.
CD
o..� By �r����
m� STATE OF COLORADO ) Constance L. Har�ert, Chair
CD
...._•-• ) SS. Weld County Board of Commissioners
D N= COUNTY OF WELD )
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C i a The foregoing instrument as acknowledged before me this 6;TL day of
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§ — Witness my hand and officials-._.-, day of �G�, , A.D., 19 9 8
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ESTHER E. ,''MEi
Public
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TOWN OF ERIE FE3 0 91997
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TTORNEY'S OFFICE=
February 6, 1998
Bruce T. Barker, Weld County Attorney
Weld County Attorney's Office
P. O. Box 1948
Greeley, Colorado 80632
Dear Mr. Barker:
Enclosed please find two signed originals of the Road Improvement Agreement between
Weld County, the Town of Erie and Northridge Development, L.L.C.
Once the documents are recorded, please forward a copy back to:
Rhonda K. Eckert, Town Clerk
Town of Erie
P. O. Box 750
Erie, Colorado 80516
Thank you for your assistance in this matter. If you have any questions, please feel free to
call me at (303)665-3555 or Mark Shapiro at(303)443-3234.
Very truly yours,
r
Lisa M. Marino
Assistant to the Town Administrator
IHHniill,•1'U I;� -,11• I alu \in:0. ,'vIti l;u ti',h( • I:n11171 Pi,_�_i�.,-;
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COLORADO MEMORANDUM
TO: Clerk to the Board DATE: January 16, 1998
FROM: Drew Scheltinga, County Engineer
SUBJECT: Road Improvements Agreement
Please place the following item on the Board's next agenda:
Road Improvement Agreement between Weld County and the Town of Erie.
The appropriate documentation is attached.
cc: Town of Erie file
m:wpfiles\cngineer\agenda]
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