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HomeMy WebLinkAboutCOYOTE RIDGE 2ND ANNEXATION & ZONING - 43-98A - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTSd ATTEST: City Clerk /OA r AS TO FORM: THE CITY OF FORT COLLINS, COLORADO By: a. Lv� John Of ischbach, City Manager City for a period of two years following completion of the construction and acceptance of the work from the contractor by the County (the "Warranty Period"). During the Warranty Period, the City will also provide routine maintenance for the Road. At the end of the Warranty Period, and after satisfactory completion by the contractor of all warranty requirements, the City shall assume responsibility for all future maintenance and repair of the segment of the Road that is within the Project's limits. 5. Any utility relocations within the right-of-way that are necessitated because of the Project shall be the responsibility of the utility company or agency owning or operating the utilities, and the cost of such relocation shall not be borne by the Project. Following annexation of the Road, the City shall assume responsibility for maintenance and repair thereof except as described above with regard to the Project and the warranties applicable thereto. 6. Notwithstanding the annexation of the Road, revenues generated by the regional road impact fee that is currently being collected in both the County and the City may be used to fund the eventual widening of the Road. 7. Nothing herein shall be construed as limiting the City's ability, after annexation of the Road, to reconstruct or further improve, modify and/or reconstruct the Road in such manner and to such extent as may be deemed necessary by the City. 8. This agreement shall be binding upon the parties hereto, their agents, representatives, successors and assigns, and constitutes the entire understanding of the parties with regard to the subject matter hereof. LARIMER COUNTY, COLORADO : BY Chair, )hoard of County Commissioners ATTEST: exercise of any function, service or facility pursuant to intergovernmental agreement approved by the respective legislative bodies. NOW, THEREFORE, in consideration of the covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. The City may proceed to annex its city -owned natural areas to the southwest of Fort Collins and to annex the Road at any time, and the County will cooperate with the City in executing all necessary petitions for annexation of the Road and all other documents necessary to accomplish the same. 2. Whether before or after annexation of the Road has been completed, the County may continue to complete the design of the Project and, subject to commitment of funding from the County Natural Resources Department, may undertake the construction of the Project, so long as the construction of the same is commenced on or before December 31, 2003. The Project will involve changing the vertical profile of the Road along a length of approximately 2650 feet combined with turn lane improvements at the entrance to the County Landfill, with the improvements to extend northward from the existing Landfill entrance for a distance of approximately 1400 feet, and southward for approximately 1250 feet. The road design for the Project will include two (2) twelve - foot paved travel lanes with two (2) four -foot paved shoulders; no additional shoulders will be provided by the County for the exclusive use of bicycles. The Project will be designed and constructed in accordance with current County standards, and will not include urban street features such as landscaped medians, curb and gutter, sidewalks, or landscaped parkways. The County will coordinate the design of the Project with the City, especially the design of the pavement section, and will provide a copy of the final design to the City upon completion and approval of the design by the County Engineer. 3. If annexation of the Road occurs prior to commencement of construction of the Project by the County, the County or its contractor will obtain, through submission of a standard City application form, a City Excavation Permit (the "Permit") for the work to be accomplished within the City's right-of-way. Fees charged for issuance of the Permit will be limited to the City's standard application fee, which is presently in the amount of Twenty-five Dollars ($25.00), plus any fees charged for the relocation of survey monuments, if applicable. No inspection fee or pavement impact fee will be charged by the City as a condition of issuance of the Permit. Submittal requirements for the issuance of the Permit will be limited to the completion of a Traffic Control Plan as required by the City Engineer. 4. The Project, if undertaken by the County, will be completely administered, inspected and funded by the County. A two-year warranty on materials and workmanship will be provided as part of the construction contract, with the City as an additional beneficiary of such warranty. The County will administer the design andconstruction of the Project and, upon completion of the construction, the City will be entitled to enforce the above -referenced warranty to ensure that any necessary repairs within the Project limits will be provided by the contractor at no expense to the 2 • INTERGOVERNMENTAL AGREEMENT (Regarding the Annexation and Improvement of South Taft Hill Road) THIS AGREEMENT, is made and entered into this 10 ti day of JAv-".4.4.Y , 2001, by and between LARIMER COUNTY, COLORADO, a body politic organized under and existing by virtue of the laws ofthe State of Colorado, hereinafter referred to the "County", and the CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City". RECITALS WHEREAS, the City desires to annex certain city -owned natural areas southwest of Fort Collins, some of which areas are adjacent to South Taft Hill Road; and WHEREAS, the total area proposed to be annexed by the City in connection with these natural areas annexations includes areas adjacent to a two mile segment of South Taft Hill Road, which two-mile segment is situated in the unincorporated area of the County and runs from the current growth management area boundary southward to the Carpenter Road section line (County Road 32) and which segment is hereinafter referred to as the "Road", and WHEREAS, the City also wishes to annex the right of way of the Road itself, which annexation would require the consent of the County as the owner of the Road; and WHEREAS, the Road is classified as a full (four lane) arterial pursuant to the City's Master Street Plan; and WHEREAS, the Road is also classified as a Regional County Road in the Larimer County Transportation Plan, and is identified as needing capacity improvement in the future; and WHEREAS, the County currently provides maintenance and repair for the Road; and WHEREAS, the County has been in the process of designing road improvements to a portion of the Road for the purpose of improving sight distances at the County Landfill entrance (the "Project"), and, subject to commitment of the funding necessary to complete the Project by the County's Natural Resources Department, the County has planned to construct the Project in 2001; and WHEREAS, by this agreement, the parties desire to clarify the rights and obligations of the County to complete the Project in accordance with the County's plans, whether or not the Road has been annexed into the City at the time the Project is undertaken by the County, and to also clarify maintenance obligations thereafter; and WHEREAS, pursuant to §29-1-203, C.R.S., governments are authorized to cooperate or contract with one another to provide any function, service or facility lawfully authorized in each of the cooperating units, including the sharing of costs and may by such contract provide for the joint