HomeMy WebLinkAboutPre-Annnexation AgreementPRE -ANNEXATION AGREEMENT
TO PROVIDE WATER AND SEWER SERVICE
THIS AGREEMENT made and entered into this 1+14day 2020 by and
between the CITY OF GLENWOOD SPRINGS, COLORADO, a Colorado home rule
municipality (hereinafter "City") and Hector Brown (hereinafter "Owner").
WITNESSETH:
WHEREAS, Owner is the owner of certain real property currently located in
unincorporated Garfield County, Colorado, commonly known as 172 Darrow Street (CR 160 —
Parcel #218527106003), Glenwood Springs Colorado and more specifically described on Exhibit
A attached hereto (the "Property"); and
WHEREAS, the Property is currently served by City water; and
WHEREAS, Owner desires to expand the existing uses on the Property to include two (2)
new, one bedroom residential units; and
WHEREAS, although the Property is not presently capable of being annexed to the City,
Owner agrees to annex the Property to the City at such time as the Property is eligible for
annexation; and
WHEREAS, for properties outside of the Glenwood Springs corporate limits Section
080.040.030(c)(1)e of the Municipal Code of the City of Glenwood Springs ("City Code")
authorizes the construction or enlargement of water lines to the City's waterworks upon approval
of City Council and upon execution of a pre -annexation agreement; and
WHEREAS, Section 31-12-121 C.R.S., as amended, further authorizes the City and Owner
to enter into a Pre -Annexation Agreement; and
WHEREAS, the City and Owner desire to enter into
("Agreement") to set forth the terms and conditions of the City's
the Property and reserve the right to create additional terms and
the Property to the City; and
a pre -annexation Agreement
provision of water service to
conditions upon annexation of
WHEREAS, the City has issued water system taps for 1.2 EQR which is sufficient to serve
two (2), one bedroom units each of 1,000 SF approved by Agreement, as itemized in a Can and Wi11 Serve Letter fromld eo unty Waters andthe date Waste of this
Water
Superintendent dated April 17, 2019, a copy of which is attached hereto as Exhibit B; and
WHEREAS, the City will continue to issue additional taps prior to the filing ofa petition for
annexation of the Property, subject to the terms of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the City and Petitioner agree as follows:
1. Pur ose. The purpose of this Agreement is to set forth the terms and conditions of
the annexation of the Property to the City. Except as expressly provided for herein to the
contrary,
all conditions herein are in addition to any and all requirements concerning annexation contained
in the City Code or the Municipal Annexation Act of 1965, as amended, Section 31-12-101 C.R.S, et
seq. This Agreement is intended to provide a contractual relationship between the City and Owner
to ensure compliance with the City Code, statc statutes, and all terms and conditions set forth herein.
Owner's failure to comply with this Agreement or the City Codc shall constitute a material breach
of this Agreement, and the City shall be entitled to terminate this Agreement upon such breach
and/or discontinue the services provided hereunder. This Agreement includes additional terms and
conditions for the purposes of the Municipal Annexation Act. Upon filing of an annexation petition,
the City and Owner agree that additional conditions may be required.
2. Effective Date. This Agreement shall be effective upon the date of execution by the
City of Glenwood Springs.
3. Annexation. The annexation of the Property shall be in accordance with the
Colorado Municipal Annexation Act of 1965, C.R.S. 31-12-101, et seq., as amended. To the
maximum extent permitted by law, the parties agree that this Agreement constitutcs an enforceable
obligation upon the Owner, its successor and assigns to annex the Property as required herein. At
such time as the Property is eligible for annexation to the City, as prescribed by statute or ordinance,
Owner shall submit a petition for annexation to annex the Property to the City.
4. De -Annexation from Special Districts Including Fire Service. Owner shall
petition for exclusion from any taxing districts, including the Glenwood Springs Rural Fire
Protection District, which provide services to the Property that the City is capable of providing, at
such time as the Property is annexed into the City. All costs of de -annexation shall be borne by
Owner.
5. Fees. Owner agrees to pay the following fees related to the development of the
Property:
Water Syatoin Improvement Fees. Owner agrees to pay water system
improvement fees in the amount of $6,169.36/1.2 EQRs subject to an annual
increase not to exceed five percent (5%) per year.
b. Miscellaneous. Owner agrees to pay all actual costs incurred for notice
publication, recording fees, and similar reasonable administrative charges related
to the annexation or this Agreement. Owner agrees to reimburse the City for all
engineering, legal, and associated fees and costs the City incurs in the review and
implementation of this Agreement.
6. Service Fees. The City shall be entitled to charge reasonable monthly service fees
for water service to the Property. Until annexation of the Property to the City, water fees shall be
charged at the outside of corporate limits rate equal to 1.5 times the inside of corporate limits rate.
7. Unforeseen Costs. Owner agrees to indemnify, defend and hold the City harmless
against any costs or liabilities arising out ofand directly connected with this Agreement.
8. Water Rights. Upon annexation of the Property, Owner shall transfer to the City by
quit claim deed any water rights owned or held by Owner in connection with the Property.
9. Termination Upon Annexation. This Agrcenront shall terminate automatically on
the effective date of the annexation to the City of the Property; provided, however, that nothing
in this paragraph shall limit any other rights of termination provided in this Agreement. Upon
termination after annexation, service to the Property shall be provided pursuant to the City Code
and all applicable rules and regulations. Until annexation, nothing herein shall be construed as
obligating the City to provide any services to Owner except as set forth herein.
10. Failure or Refusal to Annex. In the event that Owner fails to timely annex the
Property as required by this Agreement, the City may, at its sole option and without otherwise
limiting its legal rights, bring an action at law or equity, including an action for specific
performance, to enforce the terms of this Agreement, discontinue providing water service to the
Property, or treat this Agreement as a petition for annexation and annex the Property without
consent after thirty (30) days' written notice to Owner. The rights and remedies under this
paragraph shall be cumulative. By entering into this Agreement, Owner specifically waives its
right to contest such annexation if it is commenced pursuant to the provisions of this paragraph.
"1'o the extent permitted by law, Owner hereby appoints the City Clerk as its attorney -in -fact to
execute and deliver all documents necessary to annex the Property to the City, should the Owner
fail or refuse to annex as required under this Agreement. If the City proceeds to annex the
Property as permitted under this paragraph, it may advance all fees and costs related to the
annexation and shall be entitled to recover the same as a personal obligation of Owner. Such fees
and costs shall also constitute a lien against the Owners' Property, which may be foreclosed as
provided by law.
I I . Lien Rights. The City shall have the right to prepare and record a lien against the
Property for the amount of any costs, fees and other expenses which it has advanced or which
Owner is required to pay pursuant to this Agreement and/or the City Code. Such costs and fees
include, but are not limited to, system improvement fees, user fees, recording, annexation and
staff review and document preparation fees and costs, and engineering and attorneys' fees.
12. Zoning and Subdivision. Concurrently with the Petition for Annexation, Owner
and the City shall process an application to zone the Property to allow all of the uses currently
approved for the Property under the applicable Garfield County zoning regulations. Nothing
herein shall be deemed to be any agreement by the City to approve either application, which shall
be subject to the public hearing process and the City's Municipal Code.
13. Election. Owner agrees that it is voluntarily entering into this Agreement.
Owner represents and submits that, to the extent an election would be required pursuant to Section
31-12-112 C.R.S., as amended, to approve the annexation or to impose terms and conditions upon
the Property to be annexed, Owner owns 100 percent of the Property to be annexed and would
vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election
would necessarily result in a majority of the electors' approval to the annexation and the terms
and conditions herein.
14. Assignment. The parties agree and acknowledge that the rights and obligations of
Owner under this Agreement may be assigned by Owner to persons or entities acquiring title
to the Property without the prior consent of the City; provided, however, such assignee agrees
in writing to be bound by the terms and conditions of this Agreement, and Owner shall give
notice to the City of any such conveyance, together with the assignee's written agreement to be
bound by the terms and conditions of this Agreement.
15. Final Agreement. This Agreement supersedes all prior written and oral agreements
and representations of the parties and is the total integrated agreement between the City and
Owner.
16. Modifications. This Agreement shall not be amended except by subsequent written
agreement between the City and Owner.
17. No Representations. It is expressly understood that the City cannot legally be bound
by the representations of any of its officers or agents or their designees except in accordance with
the City Code and the laws of the State of Colorado. Owner, when dealing with the City, acts at
its own risk as to any representation or undertaking by the City officers, agents or their designees
that is subsequently held unlawful by a court of law with competent jurisdiction.
18. Captions. The captions and paragraph headings in this Agreement are inserted only
for convenience and in no way define, limit, or prescribe the scope or intent of this Agreement or
any part thereof.
19. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, successors, and assigns.
20. Severability. If any provision of this Agreement shall be determined to be void or
invalid by a court of competent jurisdiction, then such determination shall not affect any other
provision hereof, all of which other provision:; shall remain in full force and effect. It is the
intention of the parties hereto that, if any provision of this Agreement is capable of two
constructions, one of which would render the provision void, and the other of which would render
the provision valid, then the provision shall have the meaning that renders it valid.
21. Governing Law. This Agreement shall be construed, interpreted, and enforced in
accordance with the laws of the State of Colorado. Should any party institute suit or action for
enforcement of any obligation contained herein, it is agreed that the venue of such suit or action
shall be in Garfield County, Colorado.
22. Attorneys' Fees: Survival. Should this Agreement become the subject of litigation
between the City and Owner, the prevailing party shall be entitled to recovery of all actual costs in
connection therewith, including but not limited to attorneys' fees and expert witness fees. All
rights concerning remedies and/or attorneys' fees shall survive any termination of this Agreement.
23. Authority. Each person signing this Agreement represents and warrants that he or
she is fully authorized to enter into and execute this Agreement and to bind the party on whose
behalf he or she purports to sign to the terms and conditions hereof.
24. Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall be deemed one and the same
instrument. This Agreement may be executed by facsimile signature; provided that the original
signature page shall be transmitted to the other party by regular mail within ten (10) days of such
facsimile signature.
25. Notice. All notices required under this Agreement shall be in writing and shall he
sent by hand -delivery. facsimile transmission, or registered or certified snail, return receipt
requested, postage pre -paid, to the addresses of the parties set forth herein. All notices by hand
delivery or facsimile shall be effective upon actual receipt. All notices by mail shall be considered
effective seventy-two (72) hours after deposit in the United States Mail with the proper address as
set forth below. Either party by notice so given may change to address to which future notices may
be sent.
Notice to the City:
City Manager
City of Glenwood Springs
101 West 8th Street
Glenwood Springs, CO 81601
Notice to Owner: Hector Brown
1172 County Road 116
Glenwood Springs, CO 81601
26. Gender. Whenever the context shall require, the singular number shall include the
plural, the plural the singular, and the use of any gender shall be applicable to all genders.
WHEREFORE, the parties hereto have executed duplicate originals of this Agreement on
the day and year first written above.
CITY OF GLENWOOD SPRINGS, COLORADO
Jonathan Godes, Mayor
ATTEST:
Catherine Mythen Fletcher, City Clerk
Hector Brown
STATE OF COLORADO
COUNTY OF GARFIELD
) ss
The foregoing instrument was acknowledged before me on this_ Ct.' day of ‘OvGtit bte
2020, by 4.0' Ytvi as Ot.Ory r of rrOk>e
WITNESS my hand and official seal.
My commission expires:
Notary Public
O3 �C
DANIA MARIN
Notary Public
State of Colorado
Notary ID # 20174045617
My Commission Expires 11-03-2021
EXHIBIT A
Property Description
Lot C Block 1
Cardiff Townsite Replat
Garfield County, Colorado
I- xhibit B
City of Olenwood Springs
101 West 8'h Street
Glenwood Springs, CO 81601
April 17, 2019
Mr, Hector Brown
1172 Country Road 116
Glenwood Springs, CO 81601
RE: Can and Will Serve Letter for Proposed 1-Bedroom Units Units on Parcel #218527106003
Dear Mr. Brown:
The purpose of this letter is to provide confirmation that the City of Glenwood Springs can -and -will provide
domestic water service to the proposed two (2) 1-bedroom units that will be located within parcel
#218527106003 at 172 County Road 160 (aka T72 Darrow Street).
Domestic sanitary sewer service is not currently provided for this property by the City of Glenwood Springs.
The property is located more than 400 feet from the nearest established City sanitary sewer main and is,
therefore, not required to connect to the City's wastewater system per Sections 070.040.030 and 080.030.010
of the City's Municipal Code. As an alternative to connection to the City's wastewater system, the building
wastewater system(s) shall be connected to a private disposal system in conformity with the design criteria
and rules and regulations of Garfield County and the Colorado Department of Public Health and Environment.
Prior to final approval of the water service, the following conditions must be met:
1. Applicant must agree to and sign a City of Glenwood Springs pre -annexation agreement.
2 Applicant must submit a utilities plan for the City's review and approval.
3 Applicant must contact the Glenwood Springs Fire Department to confirm that the existing water
supply in the area is adequate for the proposed improvements. The applicant should he aware
that the water main that serves the properties along County Road 160 is undersized (4-inch).
4 Water services must meet all applicable Municipal Code, Water/Wastewater Department, and
Engineering Department Rules and Regulations.
5. All applicable tap and system improvements fees, as calculated by the City's Community
Development Department, shall become due and payable prior to activating service to the new
residential units.
6 All water uses must be metered by a City -approved water meter. Meters must be inspected and
approved by the Water/Wastewater Departments prior to activation .
7. A water account must be set up with the Finance Department prior to the service(s) being
energized .
S Following completion of project, an as -built drawing of the services and associated appurtenances
shall be submitted for review and approval by the City. Submittals shall be made in PDF (.pdf)
and/or AutoCAD (.dwg) file formats.
Page 1 of 2
Note that the request for thlo can-end-will-3erve letters was made by Mr. Rob Classen, The Drawingboard, on
behalf of the parcol owner.
If you have any questions regarding this matter, please feel free to contact me.
Sincerely,
Brad Zachman
Water & Wastewater Superintendent
970-384-6388
cc:
City of Glenwood Springs:
Debra Figueroa, City Manager
Matt Langhorst, Public Works Director
Gretchen Ricehill, Community Development
cc:
The Drawingboard:
Rob Classen (drawbd@rof.net )
Page 2 of 2
Hector Brown
From:
Sent:
To:
Subject:
Gretchen E Ricehill <gretchen.ricehill@cogs.us>
Wednesday, November 11, 2020 12:31 PM
Hector Brown
RE: Hector Brown - pre annexation agreement
Hector
I'll have to arrange for you to drop off the signed agreement to city hall. We are still closed to the public. Alternatively
you could mail the agreement to me at
Community Development Dept.
101 W 8th Street
Glenwood Springs, CO 81601
Attn: Gretchen Ricehill
Re: fee payment
The recording fee — I need a check for $53 made out to Garfield County Clerk & Recorder
The system improvement fee of $7403.23 ($6169.36 x 1.2EQR)
By separate email I will send you an invoice/payment request. I've requested confirmation that we take 100% upfront
rather than % upon issuance of the permit and % at certificate of occupancy. The check is made payable to the City of
Glenwood Springs.
Let me know if
Thanks much
Gretchen
From: Hector Bro
Sent: Wednesday
To: Gretchen E Rii
Subject: RE: Hectc
Hello Gretchen
I have this agreem
Thank you
HECTOR M BROWN
CARDIFF
1172 COUNTY RD 116
GLENWOOD SPRINGS, CO 81601-9674
333
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Sent: Monday, Oi
To: Hector Brown
Cc: THE DRAWING
Subject: RE: Hectc
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Amount
CITY OF GLENWOOD SPRINGS
101 W. 8th Street
Glenwood Springs, CO 81601
(970) 384-6411
REQUEST FOR PAYMENT
Hector Brown
172 Darrow Rd
Glenwood Springs, CO
Engineering
01.1410 Maps
01.1410 Plans/Specs
01.1240 Exc- R.O.W.
Building
01.1240 Building Permit
01.1240 Plan Review
01.1240 Roofing Permit
01.1240 Plumbing/Gas Permit
01.1240 Mechanical Permit
01.1240 Excavation/Grading
01.1240 Demolition/Moved Bldg
$7,403.23 21.4758 Water Imp. Fee 1.2 EQR
21.4759 Sewer Imp. Fee
21.2140 Water Tap
21.2150 Sewer Tap
21.2160 Water Meter! Size
01.1140 Use Tax
'01.0479 TCO Deposit (Refundable)
01.1240 TCO Fee (Non-refundable)
31.2250 Parkland Dedication Fee
01.0404 School Land Dedication
01.1200 Contractor's License Fee
01.1200 Contractor's Testing Fee
70.1400 FIRE IMPACT FEE
Amount
Miscellaneous
01.3130 Code Book
01.3130 Development Code
01.3130 Copies
01.0407 Sales Tax
Other: Explain
Prepared by: Gretchen Ricehill
Company:
Permit #:
Plan Review #:
Contractor #:
Planning Item: 35-19
Amount
Planning
01.1240 Standard Sign Permit
01.1415 Sign Variance, off -premise sign;
sign projecting over ROW
01.1415 Major Development
01.1415 Major Subdivision
01.1415 Minor Development
01.1415 Minor Subdivision
01.1415 Variance - Zoning
01.1415 Variance - Administrative
01.1415 Design Variance
01.1415 Annexation
01.1415 Special Review
01.1415 Rezone
01.1415 Condominiumization
01.1415 License to Encroach
01.1415 PUD
01.1415 Lot Boundary Adjustment
01.1415 Zoning Verif.Letter/Research
01.1415 Home Occupation Permit
01.1260 Temporary Sales
01.1240 Street Vacation Permit
01.1415 Recording Fees
01.1415 Chicken Permit
01.1415 Outdoor Dining Permit
01.1240 Short Term Rental Permit
Other: Explain
01.3340 Community Housing Fee in -lieu
$7403.23 Total Amount Requested
Payable at Community Development Department