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Home My WebLink About20110445.tiff RESOLUTION RE: APPROVE ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS RELATED TO USE BY SPECIAL REVIEW PERMIT#1582-CITY OF AURORA/PRAIRIE WATERS PROJECT, C/O MARK PIFHER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated December 19, 2006, the Weld County Planning Commission approved a Site Specific Development Plan and Use by Special Review Permit#1582 for a Major Facility of a Public Utility(Water Resource Project—Aquifer, Recharge and Recovery) in the A (Agricultural) Zone District, for the City of Aurora, 15151 East Alameda Parkway, #3600, Aurora, Colorado 80012, on the following described real estate, to-wit: N1/2 SW1/4; S1/2 SW1/4; and part of the SE1/4 of Section 13, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, and Lot B of Recorded Exemption #1231, being part of the N1/2 NW1/4; Lot A of Recorded Exemption#1231, being part of the NW1/4 NW1/4 of Section 24, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, pursuant to certain Conditions of Approval in said Resolution, the Board has been presented with a Road Maintenance Agreement According to Policy Regarding Collateral for Improvements related to Use by Special Review Permit#1582, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the City of Aurora/Prairie Waters Project, c/o Mark Pifher, with terms and conditions being as stated in said agreement, and WHEREAS, a hearing before the Board was held on the 7th day of February, 2011, at which time the Board deemed it advisable to continue said matter to February 14, 2011, in order to allow adequate time for staff to discuss the creation of a related intergovernmental agreement. WHEREAS, after review on February 14, 2011, the Board deems it advisable to approve said Road Maintenance Agreement, a copy of which is attached hereto and incorporated herein by reference. U✓L5 ° Vrcuilue QC, Pw 2011-0445 )-1q-11 3- 1/-11 PL1925 ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS RELATED TO USE BY SPECIAL REVIEW PERMIT#1582 - CITY OF AURORA/PRAIRIE WATERS PROJECT, CIO MARK PIFHER NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Maintenance Agreement According to Policy Regarding Collateral for Improvements related to Use by Special Review Permit #1582, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,and the City of Aurora/Prairie Waters Project, do Mark Pifher, be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2011. BOARD QF COUNTY COMMISSIONERS WELD UNTY, DO ATTEST: Bar ara Kirkmeyer, Chair Weld County Clerk tot `Bo= £ • 4jjt° Sean P. nway, Pro- em BY: Deputy Clerk to the Bob` m F. Garcia APP O David E. Long / � IV unty Attorney ` > r'x fir„ a_,rti,Co CL ouglas adema her Date of signature: el 2011-0445 PL1925 (i MEMORANDUM Kik i4t-H: TO: Clerk to the Board ipe DATE: 2/3/2011 Clay Kimmi, Public Works Department COLORADO FROM: SUBJECT: BOCC Agenda Item: Approve "Road Maintenance Agreement" City of Aurora "Prairie Waters" (USR-1582) Request for Approval of Long-Term Maintenance & Improvements Agreement: The Department of Public Works and the Department of Planning Services received a request from the applicants' representative, Ted Hartfelder/City of Aurora, requesting that the Board of County Commissioners consider approving the "Road Maintenance Agreement" for the crossing of WCR 8 during the construction of three retention ponds within the Prairie Waters Project, USR- 1582) Weld County Public Works Department reviewed the above-mentioned signed original documents and observed the following: • All Public Works related items, of the "Road Maintenance Agreement", are found to be acceptable. Recommendation: The Departments of Public Works and Planning Services are recommending approval of the "Road Maintenance Agreement" for USR-1582 City of Aurora, Prairie Waters. pc: Dave Bauer, County Engineer Kim Ogle, Planning Services 2011-0445 PL IQa5 M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1582 Prairie Waters Jl North Campus Facilities\Road Maintenance Agreement BOCC Memo 2-3-11.docx 810 ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS City of Aurora—USR-1582 THIS AGREEMENT, made and entered into this tti day of ,lsbrus& ,20 0 , by and between the County of Weld, State of Colorado, acting through its Bod of County Commissioners, hereinafter called "County," and the City of Aurora, hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: NI/2 of the SW1/4, S1/2 of the SW1/4, and part of the SE1/4 of Section 13, T1N, R67W of the 6`h Principal Meridian and Lot B, RE-1231 described as a portion of the N1/2 of the NWl/4 of Section 24, TIN, R67W, of the 6th Principal Meridian, Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, Property Owner has acquired land use permits from County for a major facility of a public utility described as an aquifer recharge and recovery water resource project on approximately 393 acres on the above described real property, and the County has approved a Use-by-Special Review for the Property(USR-1582) and WHEREAS, Property Owner acknowledges that it may not utilize the WCR 8 crossing until the Road Maintenance Agreement has been accepted by the County, the appropriate grading and access permits have been obtained, and the appropriate best management practices have been implemented for the site, and ca- l - tWHEREAS, the Parties agree that Property Owner shall not be required to provide collateral for said improvements. _ tea, -8 NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and ig covenants contained herein, the parties hereto promise, covenant and agree as follows: ) A. Required Improvements: co mm•is 1.0 WCR #8: The Property Owner shall be responsible for the construction of certain �•; roadway crossing safety improvements, which shall include: construction of a vehicle tracking c pad on the north and south sides of WCR 8 as shown on the accepted Grading Permit Drawings, oo provide for the incorporation of mag-chloride treatment to a depth of four (4) inches on WCR 8 s cc —o10 �T N —�c Pagel of 1 J-///104'1��/5 USR-1582 Road Maintenance Agreement for WCR 8 Crossing. —�� TLjgas for a minimum of 100 feet east and 100 feet west of the approved crossing location, and obtain an access permit for the crossing location. 2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all designated improvements, as specified above in Section A.1.0, on WCR 8 and for all expenses associated therewith. These responsibilities include, but are not limited to the following: design, surveys, utility locates, right-of-way clearances and permits, coordination with oil and gas operators and facilities, affected railroad facilities and affected irrigation facilities, traffic control, and project safety during construction. Property Owner shall ensure that WCR 8 does not degrade to a condition that poses a safety hazard to the traveling public. A rough crossing such as rutting caused by heavy equipment crossing WCR 8 will constitute a safety hazard to the traveling public. As needed or as requested by County personnel, and at the end of every work day in which heavy equipment has crossed WCR 8, the Property Owner shall cause WCR 8 to be re-graded to remove any ruts caused by the movement of heavy equipment across WCR 8. If necessary, after regrading of WCR 8 and as needed, the Property Owner shall cause mag- chloride to be applied onto WCR 8 for dust control. Property Owner shall address County requests to repair WCR 8 within 24 hours. Property Owner shall not utilize the WCR 8 crossing in inclement weather. At the conclusion of the crossing activity, the Property Owner shall return WCR 8 to a condition that is the same or better than the current existing condition and is satisfactory to the County. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other regulatory agencies. 3.0 Engineering Design and Construction Plans: All engineering designs and Grading and Drainage Plans provided by Property Owner shall include, at a minimum, access locations, existing and proposed grading, drainage designs, storm drainage pipe sizes, best management practice locations, best management practice typical details, and best management practice installation and maintenance notes. For all construction in the County right-of-way, prior to the issuance of any access permit or right-of-way permit, a construction schedule giving times and locations of all proposed improvements shall be provided to Public Works for review and acceptance. 4.0 Traffic Control: Prior to the construction in the County and/or State right-of-way and as a condition of issuance of any access permit or right-of-way permit, the applicant shall submit a traffic control plan for County review. During construction, signage shall be posted in accordance with the then current version of the"Manual of Uniform Traffic Control Devices". B. Haul Routes: 1.0 Established Haul Routes: 1.1 All heavy equipment will cross WCR 8 at the approved crossing location. Heavy equipment may not travel east or westbound on WCR 8. 1.2 Any deviation or proposed change to the approved haul route described under B.1.1 shall follow the procedure found under B. 3.0 Page 2 of 6 2 USR-582 Road Maintenance Agreement for WCR 8 Crossing. I 111111 11111 111111 11111 111111 VIII VIII III 11111 IIII III 3754810 03/08/2011 04:341' Weld County, CO 2 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2.0 No Deviation from Permitted Haul Routes: No deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. 3.0 Effect of Future Changes to Haul Routes: In the event that County is requested by Property Owner or site operator to approve the use of an additional access, new haul route, or an alternative haul route as a result of a change in Property Owner site activities and/or truck circulation patterns, and if the alternative or additional access or haul route utilizes any unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said haul route roads, Property Owner agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and/or paving costs to be paid by Property Owner based upon then current truck trip counts that identify traffic loading due to Property Owner-sourced traffic. The amount and extent of dust control and paving measures will be determined by site-specific conditions at the time, as determined exclusively by County personnel. C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: Applicant shall promptly repair or cause to be repaired any material damage to the Approved Haul Routes that is caused by Project traffic. The type and method of repair shall be consistent with the applicable standard set forth by the County. 2.0 Preconstruction Survey: Applicant and County shall jointly inspect the crossing location of WCR 8 and establish a baseline of current road conditions so that subsequent inspections will be able to identify any material damage or maintenance issues on WCR 8 that are attributable to Applicant's use of the WCR 8 crossing. 3.0 Need for Immediate Repairs: In the event of damage to WCR 8 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 and Applicant will thereafter cause all hauling operations over the crossing of WCR 8 to cease until adequate repairs can be made. Applicant shall repair the road as soon as practicable but not to exceed 24 hours of notice from the County. Failure to repair the road as soon as practicable poses a safety hazard to the traveling public using WCR 8 and in the event that repairs are not completed within 24 hours, the County will suspend the grading permit and hauling activities must cease until the repair is completed and accepted by the County. 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. D. General Requirements: 1.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights-of-way or easements, Property Owner shall Page 3 of USR-582 Road Maintenance Agreement for WCR 8 Crossing. 3 1 11 1111 1111 1 111111 11111 111111 �JIll 11111 III 11111 HON 3754810 03/08/2011 04:34P Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 2.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements identified on the accepted Grading Plans and described in parts A and D of this agreement, which are attached hereto and/or incorporated herein by reference 2.1 Said construction shall be in strict conformance to the Plans and drawings accepted by the County and the specifications adopted by the County. 2.2 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner's expense. Any material or work not conforming to the accepted plans and specifications, to include but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at Property Owner's expense. 2.3 Said USR-1582 improvements shall be completed, according to the terms of this Agreement. 3.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 4.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in whole or in part by Property Owner without the express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In the event of sale of the Property, County may agree to release Property Owner in whole or in part from obligations under this Agreement. Notwithstanding the previous two sentences, the obligations to improve and maintain the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all of the Property or business operation conducted thereon, provided further that County's consent to such does not relieve Property Owner of any obligations under this Agreement. County's rights and obligations under this Page 4 of 6 USR-582 Road Maintenance Agreement for WCR 8 Crossing. 4 I IIIIII 11111 111111 11111 111111 VIII 11111 111 11111 IIII 1111 3754810 03/08/2011 04:34P Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Agreement shall automatically be delegated, transferred or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over the roads affected by this Agreement. All of the terms and conditions set forth in this Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 5.0 County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf. 6.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have thirty(30) days within which to either cure the violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of the terms of this Agreement include violations of the agreements contemplated by Paragraphs C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner. E. Termination of Agreement: 1.0 Termination Event: This Agreement shall terminate upon the acceptance of the condition of WCR 8 after grading has been completed and heavy equipment crossing of WCR 8 has ceased. F. 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. G. 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. 111111111111111111111111111111 11111 III IIIII 1111 IIII 3754810 03/08/2011 04:34P Weld County, CO 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 5 of 6 5 USR-1582 Road Maintenance Agreement for WCR 8 Crossing. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: ity of Aurora Wat epartment By, Mark Pifher, erector Subscribed and sworn to before me by Mark Pifher, for the City of Aurora Water Department, this 3k day ofL: cinuCru) , ©II NO1ARy tt PUBLIC O OF CO\ `• 'V BOARD OF COUNTY COMMISSIONERS Expo' WELD COUNTY, CO ORADO ATTEST: arbara Kirkmeve , Chair FEB 1 42011 • Weld County Clerk to the Boa isbi � �• �� BY: ,l . .► I L .[ .•r, t Deputy Clerk to the Boa�: J'j APPROVED AS TO FORM: s C u ty Attorney 111111111111111111111111111111111111111 III 11111 Ell 1111 63 75048r 03/08/2011 04:34P Weld County, CO of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Page 6 of 6 6 USR-1582 Road Maintenance Agreement for WCR 8 Crossing. aGth 04145 Hello