HomeMy WebLinkAbout20173625.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant
Sharon McDonald Trust
Case Number
USR17-0039
Submitted or Prepared
Prior to
Hearing
At
Hearing
PC Exhibits
1
Agreement between Town of Frederick & Sharon McDonald Trust dated
10/13/2017
X
I hereby certify that the 1 item identified herein was submitted to the Department of Planning Services at or prior to the scheduled
Planning Commissioners hearing.
Chris Gathman — Planner
AGREEMENT
This Agreement made this 13th day of October 2017 by and between, Frederick, Colorado
(Town) and Sharon McDonald Trust, (Developer). Collectively referred to as (the parties).
WHEREAS, the Developer is developing a lot within Weld County for a storage facility
north east of the intersection of Silver Birch Blvd and Tipple Parkway; and
WHEREAS, the Town does not object to the application before the Weld County Board
of Commissioners provided cooperation in this Agreement is achieved; and
WHEREAS, there are no proposed public improvements for that facility such as turn
lanes and associated improvements such as shoulder widening, striping, etc.
WHEREAS, The Town wants to reserve their rights to request the Developer of the
property to install a turn lane that meets the Town Standards and Specifications upon request due
to safety impacts in the area.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS;
1. Upon request by the Town, due to documented safety impacts that have occurred
by traffic associated with the operation of the storage facility, or based on a transportation
analysis by a third party transportation engineer, the Developer agrees to install a turn lane,
which is deemed necessary for its facility and to provide the Town as-builts when construction is
completed.
2. The developer agrees to pay for the addition of the turn lane if the Town shows
documented proof of the traffic impact to Tipple Parkway as described in Section 1 above that
meets the Towns Standards and Specifications. Such construction shall not be unreasonably be
delayed, and shall be expedited upon documentation of the warranted need.
3. The Town agrees to review the construction drawings and to inspect the
construction in a timely manner.
4. Entire Agreement. This Agreement sets forth the entire agreement of the parties
hereto with respect to the matters contained herein.
5. Severability. If any provision of this Agreement is deemed by any court of
competent jurisdiction to be invalid or void, the remaining provisions remain in full force and
effect.
6. Waiver. No failure or delay on the part of the Escrow Agent in exercising any
right, power or remedy may be or may be deemed to be a waiver thereof; nor may any single or
partial exercise of any right, power or remedy preclude any other or further exercise of any right,
power or remedy.
EXHIBIT
l�-
Agreement
Town of Frederick and Sharon McDonald Trust
October 13, 2017
Page 2
7. Further Assurance. Each of the parties shall at the request of the other party
deliver to the requesting party all further documents or other assurances as may be reasonably
necessary or desirable to give effect to this Agreement.
8. Attorney Fees. Developer agrees to pay Town for any cost and attorney fees
incurred by the Town in enforcing this agreement.
9. Time. Time shall be of the essence.
10. Governing Law. This Agreement shall be governed and interpreted in force
according to the laws of the State of Colorado.
11. Counterparts. This Agreement may be executed in counterparts, each of which so
executed shall be deemed an original and all of which shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement as of the
date and year first above written.
TOWN OF FREDERICK
Sharon McDonald Trust
By '� B
David Goracke, its Manager
Matthew S. LeCerf, Town
ATTES"
Meg ' a C. Martinez, n Clerk
Porte-'u454E
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