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HomeMy WebLinkAboutC02-197 School Site Agreement Two RiversSCHOOL SITE AGREEMENT 1. PARTIES. The parties to this School Site Agreement are the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO (County), EAGLE COUNTY SCHOOL DISTRICT RE -50J (District), and the TWO RIVERS VILLAGE DEVELOPMENT COMPANY, L.L.C. (Developer). 2. RECITALS AND PURPOSE. The Developer has proposed to develop a residential subdivision which will contain approximately 438 residential housing units on 205 acres of real property located south of Interstate Highway 70 and generally southwest of Dotsero, Colorado. Pursuan+ to Section 30 -28 -133 (4), C.R.S., and the Section 4 -700 of the Land Use Regulations for Eagle County, the District's Board of Education has determined that a school site within, or adjacent to, the proposed subdivision is reasonably necessary to serve proposed subdivision and the future residents thereof. The Developer has committed to furnishing the District with a 4.5 acre school site on the north side of interstate Highway 70. The parties have agreed that the school site being proposed by the Developer may be impacted by geologic hazards and that mitigation will be necessary in order to make such school site safe. The Developer has proposed to remove approximately 600,000 cubic yards of earth frodthe proposed school site and transport such earth to the south side of Interstate Highway 70 for required fill purposes. The Developer has represented that, when such dirt has been removed, any geologic conditions can be accurately assessed and determinations can be made regarding mitigation measures to be taken by the Developer to make the site safe and usable. The District has agreed to this procedure. The purpose of this Agreement is to set forth the terms and conditions of the parties' agreement with respect to the dedication of the site. Now, therefore, the parties agree to the terms and conditions set forth below. 3. DESCRIPTION OF SITE. The school site will be not less than 4.5 acres of safe and useable real property as depicted on the Developer's Plan dated August 21, 2000 entitled "Proposed School Site." 4. DETERMINATION OF SUITABILITY. The Developer has committed to convey to the County a parcel of not less than 4.5 acres which will be safe and usable for its intended purpose which is to convey the site to the District for use as a school site. The parties agree that, following leveling of the site, the Developer may need to accomplish mitigation measures which will be at the Developer's sole expense in order to ensure that the site is safe and usable. The parties acknowledge that, because of unknown geologic factors, the extent of mitigation measures which will need to be undertaken by the Developer to make the site safe and usable are unknown at this time. The Developer has agreed not only to the leveling of such site but to accomplish any necessary mitigation measures at the Developer's cost to ensure that the site is the safe and usable for its intended purpose, and that the resulting hillside is stable and not a hazard to the school site. Upon taking all necessary mitigation factors, the Developer �mlllllmlllllll 'nl�l�lllll�llllll 3= ' °At.. Sara J Fisher Eagle, GO 23 R 0.00 D 0.00 shall retain a Colorado licensed professional engineer whose area of expertise is geotechnical engineering, to inspect such site and to certify that such site is safe and usable for the intended purpose of a school site. The geotechnical engineer will sign and seal the as -built construction drawings certifying that the site is safe and usable, and submit such as- builts to the County. The County, in collaboration with the District, as the County or the District deem necessary, may retain those persons of their choice in evaluating and making their own determination of safety and usability. If requested by the County, such person shall be paid for by the District. If the County or the District determines that the site is unsafe or unusable for the purpose of a school, it is understood and agreed between the parties that a mutually agreed upon third party shall be selected and such issue may be submitted to arbitration under the statutory and rile requirements of the American Arbitration Association. Such decision as a result of such arbitration shall be final and shall be enforceable. The parties agree that the County shall retain sufficient collateral pursuant to that certain Subdivision and Off -Site Improvements Agreement between the County and the Developer of even date herewith to secure the Developer's commitments and obligations under this Agreement. Any continuing maintenance required by the mitigation plan shall be the responsibility of the Developer or a metropolitan district or other entity acceptable to the District. Written, binding commitments for ongoing maintenance shall be furnished as part of the Developer's application to the County for the final plat. 5. ALTERNATIVE TO SCHOOL SITE. Pursuant to Section 4 -700 B of the County's Land Use Regulations, in the event that the District determines subsequent to dedication or conveyance of the site to the County that the site is not reasonably necessary the County shall, at the request of the District, sell the site; provided, however, that the Developer shall have a right of first refusal to purchase the site as is provided for under Section 30 -28 -133 (4)(a)(II), C.R.S. The proceeds of such sale shall be paid to the District. 6. INFRASTRUCTURE. The Developer agrees that it will furnish, at its expense, to the District the following infrastructure improvements: water lines and sewer lines stubbed to the perimeter of the school site; and bicycle paths from the subdivision to the school site. Such improvements shall be constructed by the Developer as part of the Phase I of the development. All of the foregoing shall be in conformity with the requirements and specifications of the provider of such utilities and in accordance with the "Two River Estates Final Public Improvement Drawings" last revised May 15, 2001 approved by the County with the Final Plat. 7. CONVEYANCE OF SITE. The Developer agrees to convey the 4.5 -acre school site to the County at the time of final plat recording, free and clear of all liens and encumbrances, except the rights to excavate and other rights set forth herein and in the final plat documents, and in accordance with the terms set forth herein. IIIIIIIIIIII 0 1:01P \IECEOSERl�00HGME100 GROUPS \FINANCE \LEASESITWO RIVERS SCHOOL SITE.00C 0 Sara J Fisher Eagle, CO 23 R 0.00 D 0.00 4 w 8. COVENANTS RUN WITH THE LAND. The covenants set forth in this Agreement shall survive the conveyance of the school site to the County and shall run with the land. 9. ASSIGNMENT. This agreement shall not be assigned or delegated except that the Developer may transfer its interest to any other entity or persons so long as that entity or person is related to the Developer, and except with the prior written consent of the parties, which consent shall not be unreasonably withheld. 10. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail. 11. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in this Agreement for all purposes. 12. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor materials, or other causes, similar or dissimilar, which are beyond the control of such party. 13. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 14. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 15. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. 16. DEFAULT AND /OR TERMINATION. All terms and conditions of this Agreement are considered material. In the event that either party defaults in the performance of any of the covenants or agreements to be kept, done or performed by and under the requirements of this Agreement, the non - defaulting party shall give the defaulting party 20 days written notice of such default, and if the defaulting party fails, neglects or refuses for a period of more than 20 days thereafter to make good or perform the default, then the non - defaulting party, without further notice, may, in addition to any MCSDSERMOHOMMO GROUPSTINANCEILEASEMMO RIVERS SCHOOL SITE.000 I 05/17/ : 3 �I:O1F Sara J Fisher Eagle, Co 23 R 0.00 D 0.00 � other remedies available to it, terminate all rights and privileges granted in this Agreement and this Agreement shall be of no further force or effect. If the non - defaulting party elects to treat this Agreement as being in full force and effect, the non - defaulting party shall have the right to an action for specific performance or damages or both. 17. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 18. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties may agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. If agreed upon, such mediation shall be conducted within 60 days following either party's written request therefor. 19. NO THIRD PARTY BENEFICIARIES. None of the terms, conditions, or covenants set forth in this Agreement shall give or allow any claim, benefit, or right of action by any third person not a party to this Agreement. Any person other than the parties to this Agreement who or which receive services or benefits under this Agreement shall be only an incidental beneficiary. 20. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized in this Agreement. 21. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. 22. SEVERABILITY. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 23. DATE. April , 2002. % %ECSOSERNOOHOMEM0 GROOPSFINANCE %LEASES% WO RIVERS SCHOOL SITE.00C IIIIII VIII IIIIIII III VIII IIIIIII illll III Ilill IIII IIII 0 P age: 5 7 9 5 92 8 /17I 01 : 01P Sara J Fish Eag 4 COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARIkOF WUNTY MMISSIA3TV aT: Clerk to the Board of County Commissioners By W,�' . Michael L. Gallagh r P. O. Box 850 Eagle, Colorado 81631 970 - 328 -8685 970 - 328- 8699(Fax) t �,� EAGLE COUNTY S OL DIST ICT RE -50J arbara Sc erkolk, President Board of Education P.O. Box 740 Eagle, Colorado 81631 970 - 328 -6321 970- 328 -1024 (Fax) AT EST cret y TWO RIVERS VILLAGE DEVELOPMENT COMPANY, L.L.C. By Ken Kriz, Manager Manager 0010 Colorado River Road Gypsum, Colorado 81637 970 -__- 970-__- (Fax) IIIIII lillllilll�l III lilll IIIIIII Iliil III illll iill IIII 05 1:01P \1ECSDSERVVDOHOME100 GROUPS7INANCELLEASES \TWO RIVERS SCHOOL SITE.DO(. Sara J Fisher Eagle, CO 23 R 0.00 D 0.00 J COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY COMMISSIONERS Michael L. Gallagher, Chairman P. O. BOX 850 Eagle, Colorado 81631 970 -328 -8685 ATTEST: 970-328-8699 (Fax) Clerk to the Board of County Commissioners EAGLE COUNTY 5 OL DISTRICT RE-50J' $y arbara Sc erkolk, President Board of Education P.O. Box 740 Eagle, Colorado 81631 970- 328 -6321 9 970 - 328 -1024 (Fax) A� EST cret TWO RIVERS VILLAGE DEVELOPMENT COMPANY, L.L.C. 00'10 Colorado River Road Gypsum, Colorado 81637 970- 970- (pax) W R- z 0 Vi C ro� m n c o U 47 A) .q A n n c U V 11L'C5O5= R'MOHOMEIO a I IIIIII,IIIII s IIIIIII III VIII IIIIIII VIII III VIII IIII IIII 795 D 0.00 0022 1 :01P O CRQUPSIFIMNC_v SMMD RNERS SCHOOL SITEVOC 5 F] m - W07/02 08 :37 PAZ 970.._ 7901 POPPBidBARG1R2 .... X001 MAY. -06' 02 (MON) 130 5 LAN OFFICES orvca 14:96 BAS 470 Ana 9901 TEL:305 793-0925 P. 001 Q 00s r A'l<'TESiT Cleric to t6 Hoard of Connbrccu mdariaoc[a COUNTY OSxAGLE, STATJ9 OF COLOM.ADO By end Thraupp 7tta BOA" Ol 4`OiJNT V C0.MAi1&&A0r4AR3 any :btachaaS L- ctalia,nc=. Chairmea P- 0. Sox Sso Eama, Colorado 61631 970 - 321.8685 970 -328 -9699 Max) F- 4LE CC)UNTY 59019OL DINT- RYCT MM -9 01 4 11arbara b'C11i' hrkoljC j re Board of Education P.O. Box 740 36814 Colorado 8163I 970.322 -321 470- 328 - 1024 {Fax) i ? .Itl � R)i'Y' TWO MVEM VILLAGE DEY.ELOpME1VT COMPASY, .L.L.C. QUM Colonadn River stun&. CbWum, Colorado 91637 970- 9711•,~ (pp ' � ^ �MOOPp.wIM4NVGr •••�• -- . •_ M�aum �.n.s. � � [ ��2 �IArG� /X7Lo ciG� ��S/ 05/06/02 14:42 TX /RX ? P.001 Clerk's %te: This document is a poor copy and will not photograpt wail. This is not the fault of this office. 05/07/02 08:40 TX /RX N0.1265 P.001 m 00 n m m 04 om r N m � rn� m m m m N U m m w m L N LL ro `m El