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Home My WebLink About991147.tiff RESOLUTION RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT AND AUTHORIZE CHAIR TO SIGN -VALE VIEW DEVELOPMENT COMPANY, 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 a Road Maintenance and Improvements Agreement 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 Vale View Development Company, 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 Maintenance and Improvements Agreement 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 Vale View Development Company, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, a^.d 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 30th day of June, A.D., 1999. BOARD OF COUNTY COMMIS IONERS COUNTY, RA ATTEST: £m1/ j ,$ Ø ,/ , CuIAZt ` J \ Dale K. Hall, Chair Weld County Clerk ':o the •ar. 'e' fin `�t'b �q. XCUSED �: / �o;��;o 1:arbara J. Kirkmeyer, Pro-Tern BY: ?f 1> °� Deputy Clerk to the Bo •��J f , ' EXCUSED E OF SIGNING _ (AYE) George E. ter APPrED AS TC FORM: _ Z J. ei C unty Attorney -4414 Glenn Vas I 991147 E4) V dc, / ct.u) EG00390039 �1 COUNTY OF WELD, STATE OF COLORADO 5 OCj ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS ROAD MAINTENANCE AND IMPROVE NTS AGREEMENT(the"Agreement") is made and entered into this // lot- day of , 1999, by and between the COUNTY OF WELD, STATE OF COLORADO (the "County") and VALE VIEW DEVELOPMENT COMPANY, LLC, a Colorado limited liability company (the "Developer"). WITNESSETH: WHEREAS, the Developer has applied to the County for approval of a final plan for a Planned Unit Development, also known as"Vale View in the Meadow," for a residential subdivision on approximately 291 acres in the south half of Section 3, Township 3 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado (the "PUD"), and WHEREAS, the PUD will generate traffic on streets internal to the PUD and on Weld County Road 36 adjacent to the PUD, and WHEREAS, existing Weld County Road 36 will provide access to the PUD and will require improvements to adequately serve traffic, and NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the County and the Developer mutually agree as follows: 1. The primary access to the PUD shall be via Weld County Road 36. During the development of the First Filing of the PUD, the main entrance to the PUD will be on a road to be known as 'Vale View Lane," which road shall be located approximately 1,830 feet East of Weld County Road 7 on Weld County Road 36. Developer shall be required to pave Weld County Road 36 from Weld County Road 7 to approximately 50 feet east of the last entrance as shown on the final plat for Vale View prior to the annexation of Weld County Road 36 to the Town of Mead. The County will require contribution from future developers to the Developer as set forth below. The Memorandum of Agreement for Public Improvements will provide for the timing and method of payment; however, notwithstanding the foregoing,the Developer shall not be required to pave Weld County Road 36 until the earlier of (i) the issuance of twenty-five percent (25%) of the building permits for the PUD by the Town of Mead; or the issuance of 15 lots of the building permits for the PUD by the Town of Mead; or (ii) one(1) year from the date of the Town of Mead's final plat approval. The paving of Weld County Road 36 shall be completed in two (2) lifts. The first lift shall be one-half('/) the thickness, a minimum of a two-inch lift of asphalt. The developer shall be responsible to patch and repair all failed asphalt prior to overlaying the final lift of asphalt. The second and final lift shall be installed when eighty percent.(80%) of the building permits for the PUD have been issued by the Town of Mead. Developer shall have the right to seek reimbursement from third parties, including other developers and Weld County, for the aforesaid road improvements. 2715344 08/20/1999 02:27P Weld County CO 1 of 6 R 0.00 D 0.00 JR Sukl Tsukamoto )' page two The County shall be responsible for the asphalt design section. The Developer shall be responsible for roadway design plan and soils investigation on Weld County Road 36. The County shall require contribution from subsequent developers for their pro- rata share of the cost of paving Weld County Road 36 from Weld County Road 7 to 1-25. Such contribution shall be in the form of reimbursement to the Developer based on the number of single family residences with access to Weld County Road 36. Attached hereto as Exhibit A and incorporated herein by reference is the "Agreement for Reimbursement of Pro-Rate Share of the Costs of Paving Weld County Road 36 between Weld County Road 7 and I-25." 2. During the construction of the residential lots within the PUD, the developer shall be required,prior to the completion of the Infrastructure for the residential lots,to realign Weld County Road 36 in accordance with a plan and design that have been submitted to the County prior to the execution of this Agreement. After the realignment. Weld County Road 36 will continue to serve as the primary access to the PUD and will be located approximately 1,830 feet East of Weld County Road 7. The design of the realigned Weld County Road 36 shall include a road width or thirty-two (32) feet of asphalt mat and earth side slopes with a fall l at 4:1 slope on each side of the mat. Prior to the reconstruction of Weld County Road 36, the Developer shall submit to the County a statement of the approximate costs, for review and approval by the County. 3. If, at anytime within ten (10) years after the completion of the realignment of Weld County Road 36, or within ten (10) years after the surfacing of the balance of Weld County Road 36, the County or the Town of Mead issues zoning or other land use approval for any other residential, commercial, or industrial development, or any expansion of any agri-business that will be using, as an access, or which is located adjacent to, any portion of Weld County Road 36 which has been paved at the expense of the Developer as identified in this Agreement, the County, within its jurisdiction and to the extent permitted by law, agrees to require contribution from the aforesaid additional user(s) to the cost of the improved Weld County Road 36, on a pro-rata basis, based on the additional user(s)projected use of Weld County Road 36 to the Developer's PIJD projected use of Weld County Road 36. 4. Developer agrees to construct Weld County Road 36 in accordance with the road standards of Weld County. The County agrees to accept, for maintenance purposes, Weld County Road 36 on a date which is one(1) year after the date of completion of improvements (including the appropriate warranty period) and inspection by the County for construction compliance in accordance with the standards of the Town of Mead. 5. It is the intent of the parties that his Agreement shall remain in full force and effect until it terminates according to its terms and that it be binding upon the Developer, and its successors and assigns, and on this Board and future Boards to the fullest extent permitted by law. Should this Agreement, or any portion thereof, be found to he void or voidable for the reason that it binds the Board of County Commissioners for more than one (1) year of time, this Agreement shall be construed as a one-year Agreement with automatic annual renewals. 111111111111111111111111111110 111111 III 111111111 If! 2715344 08/20/1999 02:27P Weld County CO 2 of 6 R 0.00 D 0.00 JR Sukl Tsukemoto page three 6. It is the intent of the parties that a separate agreement regarding collateral for construction for each phase of the improvements will be proposed by the Developer prior to the filing of the Final Plat. 7. All construction and materials controls for a project will be in accordance with the 1991 Standard Specifications for Road and Bridge Construction, as supplemented cr revised, provided by the Colorado Department of Transportation. During construction, signage shall be posted in accordance with the Uniform Manual on Traffic Control Devices. 8. The addresses of the parties are as follows: Weld County Board of County Commissioners 915 Tenth Street P.O. Box 1948 Greeley, Colorado 80632 Vale View Development Company, LLC 3509 Weld County Road 36 P.O. Box 189 Mead, CO 80542 It shall be the obligation of the parties to notify each other of any change of address, registered agent, or change of ownership. 9. It is expressly understood and agreed 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 End nothing contained in this Agreement shall give or allow any claim or right of actions 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. 10. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. 11. Except for the negligence of the County, Developer shall indemnify and save harmless First Party, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them arising by reason of Developers negligence with respect to the upgrade and maintenance of the right-of-way. 12. Except for the negligence of County, Developer agrees to protect First Patty and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may d.rectly or indirectly cause and hereby releases County, its successors, assigns, employees, and agents from any and all claims and damages of whatsoever character to property owned by Developer resulting from any act, either on the part of the County or on the part of any third party. page four 1111111 1E11 111111 111111 111111111 1111111 III IIIII IIII 1111 2715344 08/20/1999 02:27P Weld County CO 3 of 6 R 0.00 D 0.00 JR Suki Taukemoto IN WITNESS THEREOF, the parties hereto have duly executed this Agreement the day and year first written above. Th ATTEST- VALE VIEW D OPMENT \ -Ata: COMPANY, L c , �' a Colorado limit &l bility company By L j )�L�"�—s r\ L/ ATTEST: Liyark/ ,�71: 1 ' BOARD OF COUNTY COMMISSIONERS :. •% WELD COUNTY, COLORADO tit fNpp•p� Weld County Clerk l:o the 1,1 , clt_�0"• By. £ 7:l:< . .y ,,,,f .it . Bye Deputy Clerk to the Bo%,�lLJ�\ �i Dale-K. Ha , air (Lu/ c /�41 I DM IIIII III 111111IIIII 1111111111III Hill11111111 2715344 08/20/1999 02:21P Weld County CO 4 of 6 R 0.00 D 0.00 JR Sukl Tsukamoto ae FF c Km; IN THE M E 4 D 0 W Exhibit A Agreement for Reimbursement of Pro-Rata Share of the Costs of Paving Weld County 36 from Weld County Road 7 to I-25 If at any time within ten (10) years after the completion of the realignment of Weld County Road 36, or within ten (10) years after the resurfacing of the balance of Weld County Road 36, the County or the Town of Mead issues zoning or other land use approval to any other residential, commercial, or industrial development, or any expansion of any agri- business that will be using, as an access, or which is located adjacent to, any portion of Weld County Road 36 which has been paved at the expense of the Developer as identified in this Agreement, the County, within its jurisdiction and to the extent permitted by law, agrees to require reimbursement, on a pro-rata basis, from the aforesaid additional user(s) to the Developer, which reimbursement will be based on the actual cost of construction as determined by an Addendum to this Agreement. which Addendum will be submitted within thirty (30) days of the project completion to Weld County per annum between the time in which the additional user(s) ties into the Improvements. 111111111111111111111111111111111 111111 III 11111 Ell 1111 2715344 08/20/1999 02:27P Weld County CO 5 of 6 R 0.00 D 0.00 JR Suk! tsukemoto A Development By Marketed By VALE VIEW DEVELOPMENT,LLC WILD VIEW LAND COMPANY,LLC www.valeview.com F0.Box 189•Mead,Colorado 80542,970.535-9200•FAX:970535-9491 www wildviewland.com :.,-„,,to , , , , ritki;4( IN PHE0 M 0 ADOW Statement of Approximate Costs Vale View in the Meadow WCR 36 Improvements Item Unit Quantity Unit Price Total Cost Grading CY 14,808 1.32 19.546.56 Subgrade Prep SY 14,808 1.40 20,731 .20 7" Asphalt SY 14,488 10.80 156,470.40 96" Equiv CMP LF 60 200.00 12,000.00 Striping LS 1 1,500.00 1,500.00 Construction Signs, Traffic Control LS 1 10,000.00 10,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS 220,248.16 1111111 1111111111111111111111 IIII 111111 III IIIII Illi IIII 2715344 08/20/1999 02:27P Weld County CO 6 of B R 0.00 D 0.00 JA Sukl Tsukamoto ,4 Development By Marketed By VALE VIEW DEVELOPMENT,LLC WILD VIEW LAND COMPANY,LLC www.valeviewcom P.O.Box 189•Mead,Colorado 80542,970-535-9200•FAX'.970.535-9491 www,wildviewland corn _ rici,(74%.?r MEMORANDUM ala TO: Lee Morrison, Assistant CountyAttorneyDATE: June 7, 1999 W1 , FROM: Donald Carroll, Engineering Administrator /.(. c • SUBJECT: Vale View in the Meadow, WCR 36 COLORADO Vale View Development has revised their statement of approximate costs for the improvements on WCR 36 to our satisfaction. Please review the final draft of the Road Improvements Agreement and Exhibit A. If no corrections are needed, we will schedule this for a 9:00 a.m. approval hearing. cc: Frank B. Hempen, Jr., Director of Public Works/County Engineer Dave Becker, Operations Director Don Somer, Utility Agent Scott Schreiber, Motorgrader Supervisor Vale View in the Meadow t c l.i 1 ,,�^, I/�ll 1 i?.. VC, /( 1 r f • y.;, s b _ ,.t IVO Kea a/ S/, 01< (0777 RECEIVED C JUN 0 7 1999 WELL)COUNTY PUBLIC WORKS DEP ` 0 I N 1 II I M is A D 0 K June 2, 1999 Mr. Don Carroll Engineering Administrator Weld County Public Works Dept. 33 North I Ith Avenue PO Box 758 Greeley,Colorado 80632 Dear Don, Enclosed you will find the executed Road Maintenance and Improvements Agreement with the change made as requested to the Statement of Approximate Costs. Please make what arrangements may be necessary to get this in front of the next County Commissioners meeting as discussed for their review and approval. If there is anything ai all I can do to help expedite the process,please let me know...1 would be more than happy to help in whatever way I can. Please give me a call at your earliest possible convenience so that we may discuss where we go from here— what sort of time frame we are working with and if we should expect a fully executed document to be returned to us,and whatnot. Again, I very much appreciate all your hard work on this,and you keeping in touch with me along the way. Since; ly, L ura Johnston ,77/ Wild View Land Company LLC Vale View Development Company LLC A Dcvdurmeni By Markdcd By VALE VIEW DEVELOPMENT,LLC 11ILI)VIEW LAND COMPANY,LLC ww wvalcvicw.coo P.O.Box 189•Mead Colorado Alh42 9711 9 35-9200•FAX.9 7 0.515-9491 A.cw w ildview Ind.•ad Hello