HomeMy WebLinkAbout20123637.tiff Esther Gesick
From: Michelle Martin
Sent: Friday, December 14, 2012 12:12 PM
To: Esther Gesick
Subject: usr12-0044
Attachments: 0847_001.pdf
Esther,
Could you please include the attached file in case number USR12-0044,thanks.
Michelle Martin
Planner III
1555 N 17th Ave
Greeley,CO 80631
mmartin@co.weld.co.us
PHONE: (970)353-6100 x 3540
FAX: (970)304-6498
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(Lor,A nizaui'ulnr1.4--" 2012-3637
PL2/ 3g
INTERIM AGREEMENT
for
Proposed Harms Water Depot USR12-0044
THIS AGREEMENT, made and entered into this `' day of O ,
by and between the County of Weld, State of Colorado, acting through its Director of Planning
Services, hereinafter called "County,"and Leonard Harms, hereinafter called"Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Lot A of RECX12-0008 being part of the S %3 of Section 26, Township 12 North,
Range 58 West of the 6th P.M., Weld County, Colorado and
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has applied for a land use permit for a Water Hauling
Facility, on approximately 2.5 acres on the above described real property, and the County is
currently in the process of considering an Use-by-Special Review for the Property (USR12-
0044),and
WHEREAS, the Property Owner acknowledges that the issuance of USR12-0044 is
conditional upon approval by the Board of County Commissioners and upon Property Owner's
performance of the on-site and off-site improvements which will be described in an
Improvements Agreement and depicted on the Plat Map and the set of accepted Construction
Plans provided by Property Owner, and
WHEREAS, Property Owner acknowledges that it is currently engaged in business
activities described in USR12-0044 application without having been issued the appropriate
permits, and that such action constitutes a violation of the Weld county Zoning Code, and
WHEREAS, Property Owner agrees that upon the issuance of the USR Permit which it
now seeks the Board of County Commissioners will require said owner enter into a permanent
Road Maintenance and Improvements Agreement, which will supersede this Interim Agreement
to perform road improvements and maintenance, and
WHEREAS, Property Owner acknowledges that the trucking activities associated with it
water hauling have caused and continue to cause damage to the roads used.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
A. Temporary Required Off-Site Road Maintenance
1.0 Off-Site Dust Control/Abatement Until such time as the USR12-0044 permit is
M'lP1.ANNIN(i-DG VELOPMI;NT RICV[fi W\-2012 Planning RcferralsVUSR 12VUSR 12-9034 f lams Water Depot2\Harms(USR I2-0044)
FINAL Interim Road Agreement docx
Need for Immediate Repairs: In the event of damage to an Approved Haul Route
by Project traffic that causes an immediate threat to public health and
safety or renders the road impassible ("Significant Damage"), County
shall, after inspection, notify Applicant of such Significant Damage.
Applicant shall identify the repair required and shall consult with County
on the extent, type, timing, materials and quality of repair (i.e. temporary
versus permanent) within twenty-four (24) hours after receipt of such
notice and shall commence such repair within forty-eight (48) hours after
receipt of such notice. If such repair is not commenced within such forty-
eight (48) hour period, County shall have the right to draw on
theCollateral and use such funds to perform such repair. If Applicant
identifies Significant Damage prior to receiving notice thereof from
County, Applicant may commence repair of such Significant Damage and
shall concurrently notify County of the extent, type, timing, materials and
quality of repair(i.e. temporary versus permanent).
2.0 Violation of Terms of Agreement: If Property Owner does not perform as
outlined in this Agreement and Exhibits A and B such non-performance will constitute a
violation of Property Owner's land use permits in review by County, and County will take
whatever remedial measures it deems necessary, against Property Owner. In addition to any
other remedy available to the County in law or equity, a failure to comply with this Agreement
shall be considered grounds for a cease and decist order stopping the commercial business
operating at the Property and/or possible denial of the Use By Special Review at the discretion of
the Board of County Commissioners.
D. Termination of Agreement:
1.0 Termination Event: This Agreement shall terminate upon the earliest of the
following events:
1.1 Cessation of all Permit Related Activities. Termination of this Agreement shall
occur upon Operator's complete cessation of all business activities at the property. A
partial cessation of activities shall not constitute a Termination of this Agreement.
Operator shall provide written notice to Property Owner and County of said cessation of
activity, which County shall then verify.
1.2 Execution of "Improvements Agreement According to Policy Regarding
Collateral for Improvements — USR12-0044" after USR12-0044 has been
approved by the Board of County Commissioners.
2.0 Consequence of Termination by Cessation of Permit Related Activities:
Following County's confirmation that Property Owner and/or Operator has/have ceased all
permit related activities and has/have completed previously uncompleted Improvements and or
completed any required road maintenance, County shall release Property Owner and/or Operator
from all further obligations under this Agreement. No Further permit related activities shall be
permitted unless and until approved by County following execution of a new Improvements
3
MAPLANNING-DEVELOPMENT REVIEW/1-2012 Planning Referrals\USR12\USR12-0044 Harms Water Depot2\Harms(USRl2-01144)
FINAL Interim Road Agreement docx
Agreement According to Policy Regarding Collateral for Improvements — USR12-0044 with a
Property Owner and Operator.
3.0 Consequence of Termination by Execution of Improvements Agreement:
Following County's execution of an Improvements Agreement According to Policy Regarding
Collateral for Improvements — USR12-0044 the Property Owner and/or Operator shall have no
further rights and/or obligations under this Interim Agreement or in USR12-0044.
E. Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
F. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in
this Agreement shall give or allow any claim or right of action whatsoever by any other person
or entity not included in this Agreement. It is the express intention of the undersigned parties that
any person or entity, other than the undersigned parties, receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
G. Authority to Sign: Each person signing this Agreement, and associated Exhibits,
represents and warrants that he or she is duly authorized and has legal capacity to execute and
deliver this Agreement. Each party represents and warrants to the other that the execution and
delivery of the Agreement and the performance of such party's obligations hereunder have been
duly authorized and that the Agreement is a valid and legal agreement binding on such party and
enforceable in accordance with its terms. If requested by the County, Property Owner shall
provide the County with proof of Property Owner's authority to enter into this Agreement within
five (5) days of receiving such request.
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FINAL Interim Road Agreement doex
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above writtcn.
PROPERTY
OWNER:
SIGNA'1'UR •
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M:\PLANNING-DEVELOPMENT REVIEW\-2012 Planning Referrals\IJSRI2\USR12-0044 Harms Water Depot2\Harms(USR12-0044)
FINAL Interim Road Agreement docx
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