HomeMy WebLinkAbout04.0 Fire District AgreementAGREEMENT
This Agreement is made and entered into between Carbondale and Rural Fire
Protection District (Fire District) and Roaring Fork Preserve, LLC, a Colorado limited liability
company (Developer), to become effective , 2002, 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, the Developer is seeking subdivision approval from the Town of
Carbondale to create nine (9) single-family residential lots and four (4) accessory dwelling
units on the property known as Roaring Fork Preserve Subdivision, which is more
particularly described in Exhibit A attached hereto and incorporated herein by this
reference; and
WHEREAS, the Fire District has requested that as a condition of approval of such
subdivision application by the Town of Carbondale that the Developer pay the Fire District
a development impact fee of $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 at the time
of execution of this agreement; and
WHEREAS, there are nine (9) single-family residential lots and four (4) accessory
dwelling units that could be created in this 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. The Fire District acknowledges receipt of $5,421.00 from the Developer. This
sum represents payment of a development impact fee in the amount of $417.00 for each of
the nine (9) single- family residential lots and each of the four (4) accessory dwelling units;
and
2. The Developer acknowledges and agrees that the contemplated development
of Roaring Fork Preserve 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 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 development 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 of 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.
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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 not be 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:
President
ROARING FORK PRESERVE, LLC, a
Colorado limited liability company
By:
Dave McMorris, Manager
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