HomeMy WebLinkAbout2.0 Fire District AgreementAGREEMENT
This Agreement is made and entered into between Carbondale and
Rural Fire Protection District (Fire District) and Lois & Wayne
Vagneur (Developer), to become effective April 3, 2015, regardless
of the actual date of execution by the parties:
WHEREAS, on December 8, 1993, the Fire District, approved
Resolution No. 93-7, Series of 1993, providing for collection of a
base development impact fee of $200.00 per residential lot, multi-
family residential unit, or for each 10,000 square feet of
commercial or industrial buildings to be paid by all developers of
property subdivided within the district; and
WHEREAS, by Resolution No. 94-2, Series of 1994, the amount of
said development impact fee was increased to $235.00 per
residential lot, multi -family residential unit, or for each 10,000
square feet of commercial or industrial buildings; and
WHEREAS, by Resolution No. 97-2, Series of 1997, the amount of
said development impact fee was increased to $339.00 for each
residential lot, multi -family residential unit, or each commercial
or industrial building up to 1,900 square feet in size with an
additional fee of $339.00 for each additional 1,900 square feet of
size or fraction thereof; and
WHEREAS, by Resolution No. 99-6, Series of 1999, the amount of
said development impact fee was increased to $417.00 for each
residential lot, multi -family residential unit, or each commercial
or industrial building up to 1,900 square feet in size with an
additional fee of $417.00 for each additional 1,900 square feet of
size or fraction thereof, or $1,042.50 for each 1,900 square feet
of hotel/motel buildings in size with an additional fee of
$1,042.50 for each additional 1,900 square feet of size or fraction
thereof; and
WHEREAS, by Resolution No. 2004-4, Series of 2004, the amount
of said development impact fee was increased to $437.00 for each
residential lot, multi -family residential unit, or each commercial
or industrial building up to 1,900 square feet in size with an
additional fee of $437.00 for each additional 1,900 square feet of
size or fraction thereof, or $1,092.50 for each 1,900 square feet
of hotel/motel buildings in size with an additional fee of
$1,092.50 for each additional 1,900 square feet of size or fraction
thereof; and
WHEREAS, by Resolution No. 2008-5, Series of 2008, the amount
of said development impact fee was increased to $730.00 for each
residential lot, multi -family residential unit, or each commercial
or industrial building up to 1,900 square feet in size with an
additional fee of $730.00 for each additional 1,900 square feet of
size or fraction thereof, or $1,825.00 for each 1,900 square feet
of hotel/motel buildings in size with an additional fee of
$1,825.00 for each additional 1,900 square feet of size or fraction
thereof; and
WHEREAS, the Developer is seeking subdivision approval for
Vagneur Minor Subdivision from Garfield County, which property is
located within the Fire District boundaries and is subject to the
terms and conditions of said Resolutions; and
WHEREAS, the Fire District has requested that as a condition
of approval of such subdivision by the Vagneur Minor Subdivision
that the Developer pay the Fire District a development impact fee
of $730.00 for each residential lot, multi -family residential unit,
or for each commercial or industrial building up to 1,900 square
feet in size with an additional fee of $730.00 for each additional
1,900 square feet of size or fraction thereof, or $1,825.00 for
each 1,900 square feet of hotel/motel buildings in size with an
additional fee of $1,825.00 for each additional 1,900 square feet
of size or fraction thereof on or before the date of recording the
final plat of such subdivision or such other date as the Developer
and the Fire District may agree to in writing; and
WHEREAS, there are 2 single family residential lots, 0 multi-
family residential units, or 0 commercial lots or 0 hotel/motel
lots that could be created in Vagneur Minor Subdivision; and
WHEREAS, the parties have reached an agreement regarding the
amount, time of payment, and other matters agreed to by the
parties, and the parties wish to set forth their agreement in
writing.
For good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the parties agree as follows:
1. Prior to the recording of the final subdivision plat for
Vagneur Minor Subdivision, Subdivision, the Developer shall pay the
Fire District $ 1460.00. This sum represents payment of a
development impact fee in the amount of $730.00 for each
residential lot, multi -family units, or commercial or industrial
building up to 1,900 square feet in size with an additional fee of
$730.00 for each additional 1,900 square feet of size or fraction
thereof or $1,825.00 for each 1,900 square feet of hotel/motel
buildings in size with an additional fee of $1,825.00 for each
additional 1,900 square feet of size or fraction thereof; and
2. The Developer acknowledges and agrees that the
contemplated development in Vagneur Minor Subdivision, will cause
certain fiscal impacts on the Fire District and will create the
need for additional Fire District facilities and services. The
Developer further acknowledges that this development should share
proportionately in the cost of providing these additional
facilities and services. The Developer further acknowledges and
agrees that the development impact fee to be collected according to
the above -referenced resolutions and the terms of this agreement is
based on a rational nexus between the impact of this development
and the amount of said fees and that said fee is reasonable and
necessary to offset the additional costs that will be incurred by
the Fire District for capital improvements, facilities, equipment,
personnel, and services as a result of this development. Finally,
the Developer acknowledges and agrees that the impact fee is lawful
and valid and that the terms and conditions of said Resolutions are
binding on and enforceable against the Developer.
3. The Developer hereby irrevocably waives and releases and
agrees to indemnify the Fire District from any and all claims of
any kind that might be asserted against the Fire District arising
out of or in connection with the development impact fee, the
collection or use thereof by the Fire District, or the terms of
this agreement; provided, however, that this waiver shall not
preclude the Developer from enforcing the terms of this agreement
relating to reimbursement of excess fees as set forth more fully
below.
4. Both parties have participated in the negotiation and
drafting of this agreement, and it shall therefore be interpreted
or construed in favor or against either party by virtue thereof.
5. This agreement shall be governed by, construed, and
enforced in accordance with the laws of the State of Colorado. The
venue for any litigation arising out of this agreement shall be the
District Court of Garfield County, Colorado. In the event of any
such litigation, the prevailing party shall be entitled to an award
of reasonable attorney's fees and costs incurred by the prevailing
party.
6. This agreement shall constitute the entire agreement
between the parties and any prior understanding or representation
of any kind preceding the date of this agreement shall not be
binding upon either party except to the extent incorporated in this
agreement.
7. Any modification of this agreement or additional
obligation assumed by either party in connection with this
agreement shall be binding only if evidenced in writing signed by
each party or an authorized representative of each party.
8. The failure of either party to this agreement to insist
upon the performance of any of the terms and conditions of this
agreement, or the waiver of any breach of any of the terms and
conditions of this agreement, shall notbe construed as thereafter
waiving any such terms and conditions, but the same shall continue
and remain in full force and effect as if no such forbearance or
waiver had occurred.
9. The invalidity of any portion of this agreement will not
and shall not be deemed to affect the validity of any other
provision. In the event that any provision of this agreement is
held to be invalid, the parties agree that the remaining provisions
shall be deemed to be in full force and effect as if they had been
executed by both parties subsequent to the expungement of the
invalid provision.
10. This agreement shall be executed by the parties in
duplicate, each copy of which shall have the same force and effect
as an original.
11. Upon execution, this agreement shall be binding upon the
parties, their successors and assigns.
ATTEST:
(Secretary
CARBONDALE AND RURAL FIRE
PROTECTION DISTRICT
By:
resident
Vagneur Minor Subdivision
By: �__L 77
By:
(Authorized igner)
(Authorized signer)
IMPACT FEE RECEIPT
FIRE PROTECTION DISTRICT
Carbondale & Rural Fire Protection District
300 Meadowood Drive • Carbondale, CO 81623
Phone - (970) 963-2491
Fax - (970) 963-0569
Received Lois & Wayne Vagneur
From:
Carbondale, CO 81623
DATE: April 3, 2015
PAYMENT METHOD
CHECK NO.
NAME OF DEVELOPMENT
Check
5768
Vagneur Minor Subdivision
QTY
DESCRIPTION
UNIT PRICE
TOTAL
2.00
Single Family Units
$ 730.00
$
1,460.00
Multi Family Units
730.00
$
-
Commercial/Industrial
730.00
$
-
Hotel/Motel
1,825.00
$
-
Total Amount Due:
$
1,4(0,00
Date
05/19/2015 09:37 9705105344
CIVIL ENGINEERING
May 18t, 2015
PAGE 02
Garfield County Community Development Department
c/o Kathy Eastley
108 8th Street, #401
Glenwood Springs, CO 81601
LAND SURVEYING
Re: Vagneur Access Construction, HCE Job No. 2141708.00
Dear Kathy:
High Country Engineering, Inc. was asked to review the construction of the
driveway improvements at 60 Flying Fish Road, Garfield County, Colorado.
.HCE had completed a design sheet for the roadway improvements which the
County accepted and the Vagneur's completed the work through an earthwork
contractor that they hired.
HCE was not onsite during the construction process but got to review the
construction after the final gravel course was installed. The driveway is in the
correct location per the drawings and the surface of the driveway is between 18'
and 20' in width. Well over the require 16' of travel surface for this location
and use.
Please contact me if you have any questions or comments.
Sincerely,
Matthew R. Langhorst, P.E. #39793
HIGH COUNTRY ENGINEERING, INC.
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