HomeMy WebLinkAbout952285.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR ROAD IMPROVEMENTS FOR WELD COUNTY
ROAD 396 WITH JOYCE ALLELY AND AUTHORIZE CHAIRMAN TO SIGN - DOS RIOS
ESTATES, SECOND FILING
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 396 between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and Joyce Allely, developer of Dos Rios Estates,
Second Filing, 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 396 between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Joyce Allely, developer of Dos Rios Estates, Second Filing, 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 6th day of November, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
-' i Al
h D COU TY, C O O
4siV,, Dale K. Hall, Chairman
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l n ,Clerk to the Board
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r, 'Y FXCI ISFf) nATF nF RI(;NINC; (AYF�
.u1 ;.per ' Barbara J. Kirkmeyer, P -Tem
;� //BY:A ` V1/,� 4Q� Al 7/
Deputy CI k to the Board //L /<•-� `. �=-V i
•'George E. Baxter
APPR D AS TO FOR ' ( , Ti :^2/4 .eV
/ Constance L. Harbert
"Count Attor e ba/ ;r/ / j%//' 1 n
W. N. Webster
40tSRcos 1 Pi. 952285
ALL, sUBD
AR246554fl AGREEMENT FOR ROAD IMPROVEMENTS FOR WCR 396
THIS AGREEMENT is made and entered into this ,6i —day of tan,ty2.2 , 1995 by
and between Joyce J. Allely, developer of Dos Rios Estates, 2nd Filing, hereinafter referred to as
"Developer",with an address of 17 Dos Rios,Greeley,Colorado 80634,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 located at 915 10th Street Tenth
Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS,the Developer has obtained approval for a Site Specific Development Plan and
Subdivision Final Plat for 32 lots for the Dos Rios Estates, 2nd Filing, hereinafter referred to as the
"Development", and
WHEREAS, 47th Avenue (a/k/a WCR 33) from WCR 52 to WCR 396 and WCR 396 from
47th Avenue to Alto Way, Alto Way and a small portion of Caballo Trail East to match WCR 396,
hereinafter referred to as"the Roads",will need paving, in part, due to the increased traffic generated
by the Development, a distance of approximately one and A miles, and
WHEREAS, WCR 396 abuts a portion of Dos Rios Estates,2nd Filing and 24 of the lots will
use 47th Avenue (a/k/a WCR 33) and WCR 396 for access to the Development, and
WHEREAS, Developer has proposed phasing the Development into two phases and eight
lots in the first phase access WCR 396, and
WHEREAS,the Weld County Engineer has performed vehicle counts on traffic into and out
of the current Dos Rios Estates and on WCR 396,and based upon those counts the parties agree that
the average daily trips by vehicle count is 6.4 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 Dos Rios Estates, 2nd Filing, will
constitute 41% of the traffic on the Roads, and
WHEREAS, costs of paving the Roads attributable to the lots in the Development using the
Roads 2nd Filing, is estimated to be $ 2,125 per lot, 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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1. TERM
A. The term of this Agreement shall be from the date first written above to the
completion of paving Roads and final accounting by County and payment of
all land development charges by the Developer for the 24 lots accessing the
Roads.
2. OBLIGATIONS OF THE COUNTY
A. Weld County plans to pave, within five years of the date first written above,
the Roads at a current estimated cost of$125,000. 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, C.R.S. and make accounting
of the fund available to the 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 41% of the total cost of
paving of the Roads. If the Developer has made deposits for all phases,
County shall return to the Developer all of the remaining funds in excess of
41% of the construction costs. Should the Developer not have paid land
changes for all phases at the time paving takes place, the County shall be
authorized to charge against the land development fund for 41% of the costs
of paving the Roads and provide the Developer with a statement of the
amount due to satisfy the obligation of the Developer.
3. OBLIGATIONS OF THE DEVELOPER
A. Developer agrees to pay the amount of approximately $2125 per each lot
accessing the Roads,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 in either respective phase of Dos Rios Estates,2nd Filing. Eight lots
access the Roads under Phase 1 and 16 lots access the Roads under Phase 2.
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The Developer agrees to provide one Deed of Trust for each phase covering
all lots in the 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 $62,500 plus
interest under paragraph 3.C.
C. The Developer shall be obligated to pay an additional 6.25% per annum
compounded annually from the date of the statement of the amount due if paving
of the Roads is completed prior to the payment of the Phase 2 land development
charges.
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.
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
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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.
IN WITNESS WHEREOF the parties hereto have signed this Agreement this S0'-4 day of
7k. hex. , 19 9s.
APPROVED AS TO FORM:cf, -` By:�K�i�--�
Attorney for Developer cT
Developer Joyce J. Allely
w ST .ei COUNTY OF WELD, STATE OF
� $ n
COLORADO, by and through the Board of
County Commissioners of Weld County
•
Cl k to the Bo Da e K. Hall, Chairman /1/404/7
APPROOVED AS TO FORM:
7-7 7'91 z r•-
Ct Ccunty Attorney
M:AW PFILESVAGREE\WCR396F.WI
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