HomeMy WebLinkAbout20253598 CoY\N'C0-Cv "l_b \\ \ o D-08
MEMORANDUM
a..
TO: Clerk to the Board
liXTr' = 1'1 DATE: December 15, 2025
_ NIT Y FROM: Jazmyn Tru , ning
I SUBJECT: BOCC Agenda jillo ItemMartinez—ApprovePlan ImproveServicesmentsDept.and
Road Maintenance Agreement For:
Samuel and Laura Gavito, c/o Gavito Trucking, Inc.—USR24-0011
Request to Approve Improvements and Road Maintenance Agreement:
The Department of Planning Services received a request from the applicants, Samuel and
Laura Gavito, c/o Gavito Trucking, Inc., requesting that the Board of County Commissioners
consider approving the Improvements and Road Maintenance Agreement for (USR24-0011).
No collateral is required with this agreement.
Weld County Planning Services, Public Works, and the County Attorney's Office have
reviewed the above mentioned signed original document and observed the following:
• All Public Works related items, of the "Improvements & Road Maintenance
Agreement According To Policy Regarding Collateral For Improvements", are
found to be acceptable.
• This Agreement complies with the terms of the Use by Special Review Permit
Resolution, as signed by the Board of County Commissioners.
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the Improvements & Road Maintenance Agreement According To
Policy Regarding Collateral For Improvements for USR24-0011, and that this item be placed
on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
cc: Dawn Anderson, Planning Services
CO %'1�,v-\-\- }`c G cc : KL(DA/1TM/DA/KR) 2025-3598
02/10/26
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ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Samuel and Laura Gavito,c/o Gavito Trucking,Inc.-USR24-0011
THIS AGREEMENT is made this S day of Dfci,ntbe r'202 5,,by and between Samuel and
Laura Gavito,c/o Gavito Trucking,Inc., 11192 County Road 23,Fort Lupton,Colorado 80621,hereinafter
referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of
Weld, a body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 1150 "0" Street, Greeley, Colorado 80631 hereinafter referred to as
"County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the following described property in the County of
Weld,Colorado:
Lot A of Recorded Exemption,RE-4146;being part of the
SW1/4 of Section 1, Township 2 North, Range 67 West
of the 6th P.M.,Weld County,Colorado
hereinafter referred to as"the Property,"and
WHEREAS,Property Owner has received Board of County Commissioner conditional approval of
USR24-0011, and
WHEREAS,Property Owner acknowledges that the final approval of USR24-0011 is conditional
upon Property Owner's understanding of road maintenance described in this Agreement.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein,the parties hereto promise,covenant and agree as follows:
PART I: SITE SPECIFIC PROVISIONS
A. Haul Routes:The Property Owner shall be financially responsible for its proportional share of the
County's costs associated with maintaining the designated haul route.The haul route may only be a portion
of the travel routes for commercial operations.
2 1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property:
S 1)North and south along County Road 23 between County Road 24 and County Road 24.5.
"C z 2)East and west along County Road 24.5 between County Road 23 and County Road 21.5.
3)North and south along County Road 21.5 between County Road 24.5 and County Road 26.
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4) See"Exhibit A"-Haul Route Map
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ce 2.0 Travel Routes. The following roads are designated as Travel Routes for the Property:
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a)Fan 1)North and south along County Road 23 between County Road 24 and County Road 24.5.
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-" 2)East and west along County Road 24.5 between County Road 23 and County Road 21.5.
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3)North and south along County Road 21.5 between County Road 24.5 and County Road 28.
3.0 Commercial Trucks shall enter and exit the site at the approved access(es)on County Road 23 and
remain on paved roadways,as feasible,for further dispersal. If it is determined that traffic associated with
USR24-0011 are using alternative haul routes within the County's road network, this agreement may be
amended to include those roads as part of the established haul or travel routes.
4.0 Weight Limits.No travel vehicles may exceed CDOT required specifications for pounds per axle
and axle configurations unless overweight permits have been applied for and granted.
5.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
above-mentioned haul/travel route for a limited period(six months or less),Weld County Planning Services
may authorize,in writing,the deviation.In that circumstance,haul/travel vehicles will utilize paved county
roads whenever possible.A deviation from the established haul/travel route lasting more than six(6)months
or requests for one (1) or more deviations within a 12-month period shall authorize the County to change
the haul/travel routes designated herein and provide notice to the Property Owner.
6.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual
of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen
by drivers leaving the facility and which clearly depict County approved travel routes.
7.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board and/or in those
circumstances permitted in A.5.0 Temporary Deviations pursuant to this Agreement, no use of any roads
other than those specifically authorized for use in this Agreement is permitted without the prior written
amendment of this Agreement.
B. Maintenance Requirements:
1.0 Off-site recurring maintenance,if applicable,as required by the Board:
2.0 Repair. Property Owner shall be financially responsible for its proportional share of excavation,
patching, and pavement repair on designated haul routes. The amount and extent of repair and paving
measures will be determined by site-specific conditions at the time, as determined exclusively by County
personnel.
2.1 The costs associated with roadway improvements beyond the scope of typical or routine -
maintenance, including but not limited to roadway widening,reconstruction,realignment,or other
capital improvements, shall be expressly excluded from the calculation of the Property Owner's
proportional share of road maintenance obligations.
3.0 Need for Immediate Repairs: In the event of damage to a travel route resulting from project traffic
o that causes an immediate threat to public health and safety or renders the road impassible ("Significant
°5 i Damage"), County shall, after inspection, notify Property Owner of such Significant Damage. Property
m 3 Owner 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
o LL o notice and shall commence such repair within forty-eight(48)hours after receipt of such notice.If Property
w re m s Owner identifies Significant Damage prior to receiving notice thereof from County,Property Owner may
1= commence repair of such Significant Damage and shall concurrently notify County of the extent, type,
Waco timing,materials and quality of repair(i.e. temporary versus permanent).
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4.0 Repair of Road: On or before December 31 of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul route road portion will
require paving measures in order to protect the public health, safety, and welfare, and the County has
budgeted sufficient funds for the following calendar year to pay its share of the Off-Site
Improvement/Repair Costs, County shall notify Property Owner in writing that the Off-Site
Improvements/Repairs shall be undertaken.
4.1 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road repairs/improvements will be
calculated as determined in this Agreement.Property Owner will be invoiced accordingly for those
proportional share costs.
4.1.1 Background Traffic Counts used to calculate Proportionate Share will be taken by
County and be current within three years of the proposed maintenance activities.
4.1.2 County will utilize the Equivalent Single Axel Load("ESAL")methodology when
calculating proportional share on a paved roadway.
ESAL Factors:
3-Bin Vehicle Classification Flexible Pavement Rigid Pavement
Passenger cars&pickup trucks 0.003 0.003
Single unit trucks 0.249 0.285
Combination trucks 1.087 1.692
4.1.3 Proportional share will be calculated based on the costs of materials only if county`
performs the work.
4.1.4 Proportional share will include labor and equipment costs when the use of a private
contractor is required.
5.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property
_ Owner of County's preliminary determination and assessment of Property Owner's proportional share of
costs of maintenance, repair, or improvements to Property Owner's designated haul routes. Prior to
OM County's final determination and assessment, County shall provide Property Owner with a reasonable
2 opportunity to review, comment upon and supplement County's data, collection methodology, and
determinations. The County shall review and consider Property Owner's input prior to making a final
determination and assessment. The County shall have sole responsibility for determination of Property
Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within
g90-days of receiving a final invoice from County.
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5.1 Subject to Section 5.0, Property Owner may provide to the County evidence of the current
O)% number of Commercial Trucks associated with USR24-0011 operations that are kept on the
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�- Property. Property Owner may also provide evidence of the number of trips associated with the
m t m-= commercial operations. This may include, but is not limited to, truck trip records, call tickets, or
c.
2 trip reports.
may
i°0'`amm 5.2 To the extent reasonably possible, traffic not associated with USR24-0011 is not included in
�"� the proportional share of this Road Maintenance Agreement.
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Samuel and Laura Gavito,do Gavito Trucking,Inc.—USR24-0011—RMA24-0025
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5.3 Property Owner's proposed maximum number of trucks in USR24-0011 was to allow for future
growth and may not be indicative of the total number of trucks operating on the Property,and
5.4 County acknowledges that the Property Owner's number of operational trucks related to the
Commercial Business may be adjusted based on actual numbers; and
6.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of
Property Owner and all other Property Owners and/or Lessees who are required by County to participate in
road improvement/maintenance agreements for the haul routes designated in this Agreement.As a result of
the annual.inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what road repair/improvement/maintenance work is to be performed during that construction
season.Notification to the Property Owner of the required roadway repairs will be given as soon as the data
become available.
7.0 Notification. The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to
Property Owner's designated haul routes. Prior to County's final determination and assessment, County
shall provide Property Owner 60-days to review, comment upon and'supplement County's data, collection
methodology, and determinations. The County shall review and consider Property Owner's input prior to
making a fmal determination and assessment.
PART II:GENERAL PROVISIONS
A. Permits: Property Owner is required to apply for and receive all permits required by the County
or any other applicable local, State,or federal permit, including but not limited to:
1.0 Access Permits.Property Owner shall not use any access onto any County road unless and until an
access permit has been issued by the Department of Planning Services. Planning Services may condition
the issuance of an updated access permit on the amendment of this Agreement if the updated access permit
authorizes the use of an additional access point,or if there is a change in use of the current access point,as
permitted by Article XIV of Chapter 8 of the Weld County Code.
2.0 Right-of-Way(ROW)Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works.No work
shall occur without said ROW permit.
El 3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County
Transport Permit is required for Extra-Legal vehicles using Weld County roadways to ensure the operation
S and movement of Extra-Legal Vehicles and Loads occurs in a safe and,efficient manner.
3 B. Enforcement and Remedies:
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1.0 Violation of Terms of Agreement. If in County's opinion,Property Owner has violated any of the
m 3 terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been
a)v L.Z violated and shall state with specificity the facts and circumstances which County believes constitute the
c LL o violation. Property Owner shall have fifteen (15) days within which to either cure the violation or'
m t demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the
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a violation continues, County may consider Property Owner to be in breach of this Agreement.
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2.0 Remedies for Breach by Property Owner.In the event that County determines that Property Owner
has violated the terms of this Agreement, and has failed to correct said violation,County may exercise any
or all of the following remedies,or any other remedy available in law or equity.
2.1 Withholding Permits. County may "lock" any or all lots within the Property, which
precludes the continued issuance of building permits, zoning permits, septic permits, or any other
permit issued by any department of the County.
2.2 Court Action. County may seek relief in law or equity by filing an action in the Weld
District Court or Federal District Court for the District of Colorado,except that no such civil action
or order shall be necessary to access collateral for the purpose of completing improvements as
described above.
2.3 Revocation of USR Permit.Property Owner acknowledges that failure to comply with the
terms of this Agreement constitutes cause to revoke the USR,and County may exercise this option
in its sole discretion by proceeding with revocation under the then current provisions of the Weld
County Code.
3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following
events:
3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of
the underlying land use approval under Weld County Code Section 23-2-290. However, County
may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health,safety,and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities.Termination of this Agreement shall occur upon
Property Owner's complete cessation of all activities permitted by the USR including any clean up
or restoration required. A partial cessation of activities shall not constitute a Termination of this
Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination.
Unless informed in writing by the Property Owner of cessation of activities, and verified by the
County,cessation shall only be presumed if the County determines that the USR has been inactive
for three (3) years. Property Owner shall not be entitled to a release of Project or Warranty
Collateral unless and until the improvements required by this Agreement are completed.
3.3 Execution of Replacement Agreement.This Agreement shall terminate following County's
a execution of a new Improvements Agreement with a new property owner or operator who has
purchased the Property or has assumed the operation of the business permitted by the USR, and
intends to make use of the rights and privileges available to it through the then existing USR.
3.4 Revocation of USR. This Agreement shall terminate following County's revocation of
Property Owner's USR,except that the Property Owner shall only be released from this Agreement
8-z3 z after the successful completion of all improvements required under this Agreement,which may be
aom - completed by County after accessing Property Owner's collateral if Property Owner fails to
w 3 complete such improvements.
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C. General Provisions:
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0 m L 1.0 Successors and Assigns.
1.1 This Agreement, and all rights and obligations contained herein, shall be binding upon
m and inure solely to the benefit of the Property Owner and the Property Owner's Heirs by
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Samuel and Laura Gavito,do Gavito Trucking,Inc.—USR24-0011 —RMA24-0025
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operation of law. In the event of the Property Owner's death,this Agreement shall
automatically transfer to the Property Owner's legal heirs or estate without the need for
separate assignment or the consent of the County. Any transfer,conveyance,or
assignment to parties other than the Property Owner's legal heirs shall require the prior
written consent of the County. Consent to a delegation or an assignment will not be
unreasonably withheld by County. In such case,Property Owner's release of its
obligations shall be accomplished by County's execution of a new Road Maintenance
Agreement with the successor owner of the property
For purposes of this Agreement,the term"Heirs"shall mean those individuals or entities
who acquire legal title to the Property by inheritance, devise,or operation of law as a
result of the Property Owner's death,whether under a valid will,trust,intestate
succession,or other applicable legal process.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction,this Agreement shall be construed and enforced without
such provision,to the extent that this Agreement is then capable of execution within the original intent of
the parties.
3.0 Governmental Immunity.No term or condition of this contract 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.
4.0- No Third-Party Beneficiary.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 in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications: This Agreement, including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
IN
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This
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Agreement may be changed or supplemented only by a written instrument signed by both parties.
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
zuntil it has been approved by the Board of County Commissioners of Weld County, Colorado or its
a designee.
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="= 7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
°1° shall be applied in the interpretation,execution,and enforcement of this Agreement.Anyprovision included
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I°IX — or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
▪ 2 and void.In the event of a legal dispute between the parties,the parties agree that the Weld County District
aY Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
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o.m) dispute.
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▪ a Samuel and Laura Gavito,c/o Gavito Trucking,Inc.—USR24-0011—RMA24-0025
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8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner,
concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf.
9.0 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 the design and construction of improvements,and
pay any and all judgments rendered against the County on account of any such suit, action or claim, and
notwithstanding Section 7.0 above, 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.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
judicial body or person.Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
11.0 Authority to Sign. Each person signing this Agreement 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.
12.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms.Both parties further agree that this Agreement,with the
attached or incorporated Exhibits,is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or prior agreements, oral or written, and any other communications between
the parties relating to the subject matter of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential
conflict between any term in this Agreement and the Resolution of the Board of County Commissioners
approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the
event of a discrepancy between this agreement and the Weld County Code in effect at the time of the
agreement,the terms of the Weld County Code shall control.
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Samuel and Laura Gavito,c/o Gavito Trucking,Inc.—USR24-0011—RMA24-0025
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PROPERTY OWNER: SAMUEL GAVITO
By: Date
Name:
Title:
STATE OF COLORADO )
) ss.
County of Weld )
014
The foregoing instrument was acknowledged before me this 11 day of L . —
2025 by Savv\Uczt VLGu/t_tV .
WITNESS my hand and official seal.
tary P b is
KARILYN BAUGHMAN
NOTARY PUBLIC
PROP TY OWNER: LAURA GAVITO STATE Ot (:OLORADO
NOTARY ID 20174032330
MY COMMISSION EXPIRES AUG. 1, 2029
By: Date i 2/it//6)6
Name: I.11, Nig 1 t
Title:
STATE OF COLORADO )
) ss.
County of Weld )
•
2 1
= 1 ✓The foregoing instrument was acknowledged before me this day of ���- rv,1'�?�
U
>,205 202 ,by �1/0-- G�a. LtD .
G�
WITNESS my hand and official seal.
mm
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cn - otary Pub •c
... ate
00w- KARILYN BAUri-154
da;Z NOTARY PUBLIC
STATE .:} t:OLORADO
&i g NOTARY ID 20174032330
nats.• ^-� MY COMMISSION EXPIRES AUG. 1, 2029
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IDmcroi� i
WELD COUNTY:
ATTEST: . .P ; ,if 65. fl-6o(19' BOARD OF COUNTY COMMISSIONERS
Weld Co my Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Board Perry L. ck, Chair
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Contract Form
Entity Information
Entity Name* Entity ID* New Entity?To add a vendor in
GAVITO TRUCKING LLC @00050631 Banner, please email vendor
data to vbanner@weld.gov.
❑Suppliers will begin pulling
from Workday on 1/5/2026.
Contract Name* Contract ID Parent Contract ID
IMPROVEMENTS AND ROAD MAINTENANCE 10208
AGREEMENT SMAUEL& LAURA GAVITO, C/O GAVITO Requires Board Approval
TRUCKING INC USR24-0011 Contract Lead* YES
JTRUJILLOMARTINEZ
Contract Status Department Project#
CTB REVIEW Contract Lead Email
jtrujillomartinez@weld.go
v
Contract Description*
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT SMAUEL& LAURA GAVITO, C/O GAVITO TRUCKING INC
USR24-001 1 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PLANNING Date* 12/27/2025
12/31 /2025
Amount* Department Email
$0.00 CM-Planning@weld.gov Will a work session with BOCC be required?*
NO
Renewable* Department Head Email
NO CM-Planning- Does Contract require Purchasing Dept. to be
DeptHead@weld.gov included?
Automatic Renewal
NO
County Attorney
Grant GENERAL COUNTY
IGA ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date* Renewal Date
12/31 /2026
Termination Notice Period Expiration Date*
Committed Delivery Date 12/31 /2027
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
DAWN ANDERSON RUSTY WILLIAMS BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
12/23/2025 12/23/2025 12/23/2025
Final Approval
BOCC Approved Tyler Ref#
AG123125
BOCC Signed Date
Originator
BOCC Agenda Date JTRUJILLOMARTINEZ
copy
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR24-0011, FOR OIL AND GAS SUPPORT AND SERVICE (TRUCK
PARKING) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE
A (AGRICULTURAL) ZONE DISTRICT — SAMUEL AND LAURA GAVITO,
C/O GAVITO TRUCKING, INC.
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, the Board of County Commissioners held a public hearing on the 21 st day of
August, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Samuel and Laura Gavito, c/o Gavito Trucking, Inc., 11192 County Road 23,
Fort Lupton, Colorado 80621, for a Site Specific Development Plan and Use by Special Review
Permit, USR24-0011, for Oil and Gas Support and Service (truck parking) outside of subdivisions
and historic townsites in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Lot A of Recorded Exemption, RE-4146; being part
of the SW114 of Section 1, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by
Hannah Dutrow, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 80634, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
(Weld County Comprehensive Plan] and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-30.A.1 states: "Land use changes should not inhibit
agricultural production nor operations." The subject property has
historically been used for residential purposes. The location of the
parking area and the existing buildings on the approximate
CC:PL(ER/KW/DA/'DA)CA(K►-,',FgSR(SG), 2024-2142
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SPECIAL REVIEW PERMIT (USR24-0011) — SAMUEL AND LAURA GAVITO,
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seven(7)-acre parcel limits the amount of land that can be devoted
to agricultural uses;however,the business does support agriculture
in the County.Colorado Parks and Wildlife stated this project is on
the edge of the one-half(1/2)-mile buffer for a Bald Eagles nest and
within the Mule deer severe winter range and recommends starting
construction outside of the Mule deer winter season, which is
December 1 through April 30.No construction is proposed with this
USR.
2) Section 22-2-30.0 states: 'Harmonize development with
surrounding land uses."The parcel is small,about seven(7)acres,
but the nearest residence is approximately 650 feet south of the
site.The semi-truck parking is set back from County Road(CR)23
and is partially screened by the existing buildings.The noise and
dust generated by the trucks will be minimal,as there are only
nine(9)trucks.
B. Section 23-2-230.6.2—The proposed use is consistent with the intent of
the A(Agricultural)Zone District.
1) Section 23-3-10— Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business,industrial and residential land uses.The A(Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County.The A(Agricultural)Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production,and
for areas for natural resource extraction and energy development,
without the interference of other,incompatible land uses."
2) Section 23-3-40.V—Uses by Special Review of the Weld County
Code allows for"Oil and Gas Support and Service"on Lots outside
of a subdivision and historic townsite in the A(Agricultural)Zone
District.
3) Section 23-1-90 states:"Oil and Gas Support and Service includes
trucking companies principally engaged in the hauling of drilling
rigs,oil and gas,pipe for use in drilling, water,etc."This Code
section allows the applicant to apply for the oil and gas truck
parking.
C. Section 23-2-230.B.3 states: °The uses which will be permitted will be
compatible with the existing surrounding land uses." The adjacent
properties are zoned A(Agricultural)and the land uses include pastures,
crops and rural residences. There are four(4)USRs within one(1)mile
of the site.USR-1391,for a retail shop that sells trees,shrubs,decor,and
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jewelry;USR-1639,for a directional drilling company;USR14-0042,for a
20-inch high-pressure natural-gas pipeline;USR13-0035,fora greater than
10-inch natural-gas pipeline;and USR17-0072,for a gravel mine.
The Weld County Department of Planning Services sent notice to six(6)
surrounding property owners (SPOs) within 500 feet of the subject
property.Three(3)letters were received,one(1)in support of the USR and
two (2) with questions/concerns about the request. The application
materials included a letter of support from a nearby neighbor.The concerns
outlined in one(1)of the letters generally pertain to the 16-foot easement,
utilized for access by the applicant and the property owner to the east;
including concerns about damage to an irrigation pipeline and the option
for reimbursement if the irrigation pipe were to be damaged,as well as
encroachment and/or obstruction of the easement.The three(3)SPO
letters were sent to the authorized agent on May 29,2024,and a response
email,dated July 23,2024,stated the easement concerns are a civil matter
to be addressed between the two(2)individual property owners and also
answered the specific questions concerning the operations of the business.
The proposed use is in an area that can support this development and the
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
D. Section 23-2-230.B.4—The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of this Code or master plans of affected municipalities.The site
is located within the Coordinated Planning Agreement(CPA)area for the
City of Fort Lupton and the Towns of Firestone and Platteville. As part of
the pre-application process the municipalities were sent a Notice of Inquiry
(NOI).The City of Fort Lupton submitted a NOI dated March 28,2024,
which stated the site is located on the Platteville side of the Platteville/Fort
Lupton IGA,but is in Fort Lupton's Planning Area. Fort Lupton Is not
interested In annexation at this time but will review and comment on any
future submittals. The Town of Firestone submitted a NOI dated
February 29,2024,which stated,per existing IGAs with Ft.Lupton and
Platteville,Firestone will not annex east of CR 19.The Town of Platteville's
NOI,dated February 14,2024,stated they are not interested in annexation.
The site is located within the Urban Growth Boundary and the Three Mile
Area Boundary for the Towns of Platteville and Firestone and the City of
Fort Lupton.The land use classification on Platteville's Three Mile Area
Plan,dated December 2021,is Agricultural Holding,which,according to
the 2017 Town of Platteville's Comprehensive Plan, "...is intended to
encourage the sustainability of the regional agricultural and energy
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economy,discourage leapfrog development and ensure that land develops
in a systematic and cost-conscious manner."
The site is depicted on the Town of Firestone's Master Plan Map with a
land designation of Mixed Use,which,according to the 2013 Town of
Firestone Master Plan,'...provide urbanized areas that can provide a live,
work and shop style environment. Mixed Use areas and some limited
commercial use areas have been identified along major arterials which are
expected to cany increasing volumes of traffic over the years.'
Additionally,the land use depiction on the City of Fort Lupton's 2020 Future
Land Use Map,is Mineral Zone.The Fort Lupton Comprehensive Plan,
adopted in 2018,states that Mineral Zones are'...along the South Platte
River which include significant mineral resources."
The site is also located within the three(3)mile referral area of the Towns
of Platteville and Firestone, as well as the City of Fort Lupton.These
municipalities submitted referral agency comments dated May 2,2024,
May 2, 2024, and May 22, 2024, respectively, stating they had no
comments.
E. Section 23-2-230.B.5—The application complies with Articles V and XI of
Chapter 23 if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
county. The property is not located within any overlay district officially
adopted by the County, including A-P (Airport) Overlay District, 1-25
Overlay District, Geologic Hazard Overlay District, MS4 - Municipal
Separate Storm Sewer System area,Special Flood Hazard Area,Historic
Townsites Overlay District, or Agricultural Heritage Overlay District.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County-Wide Road Impact Fee,County Facility Fee,and
Drainage Impact Fee Programs.
F. Section 23-2-230.B.6—The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.The Natural Resources Conservation Services(NRCS)Soil Survey
indicated 63%of the site consists of low-slope(0-3%) Ellicott-Ellicot
sandy-skeletal complex, classified as "Prime farmland if irrigated."
About 33% of the site consists of moderately steep slope Ustic
Torriorthents,which is classified as"Not Prime Farmland,'and another 3%
of the site consists of(0-3%)Altvan loam,which is classified as"Prime
Farmland if Irrigated." No Prime Farmland will be removed from
production.
G. Section 23-2-230.B.7—The Design Standards(Section 23-2-240,Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code),Conditions of Approval and Development Standards can ensure
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that there are adequate provisions for the protection of the health,safety,
and welfare of the inhabitants of the neighborhood and County. This
proposal has been reviewed by the appropriate referral agencies and it has
been determined that the attached Conditions of Approval and
Development Standards ensure there are adequate provisions for the
protection of the health, safety and welfare of the inhabitants of the
neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Samuel and Laura Gavito,do Gavito Trucking,Inc.,for
a Site Specific Development Plan and Use by Special Review Permit,USR24-0011,for Oil and
Gas Support and Service(truck parking)outside of subdivisions and historic townsites in the
A(Agricultural)Zone District,on the parcel of land described above,be,and hereby is,granted
subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall address the comments of the Fort Lupton Fire
Department, as stated in the referral response dated May 23, 2024.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. The applicant shall acknowledge the comments of the Weld County Oil and
Gas Energy Department,as stated in the referral response dated April 30,
2024.Evidence of such shall be submitted,in writing,to the Weld County
Department of Planning Services.
C. A Road Maintenance Agreement is required at this location. Road
maintenance includes,but is not limited to,dust control and damage repair
to specified haul routes,during construction.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0011.
2) The attached Development Standards.
3) The map shall be prepared,in accordance with Section 23-2-260.D
of the Weld County Code.
4) The map shall delineate the existing landscaping and/or screening.
5) The map shall delineate the parking area for the trucks.
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6) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV,Division 2 of the Weld County Code,if applicable.
8) County Road(CR)23 is a paved road and is designated on the
Weld County Functional Classification Map (Code Ordinance
#2017-01)as a collector road,which requires 80 feet of right-of-way
at full buildout.The applicant shall delineate and label the future
and existing right-of-way(along with the documents creating the
existing right-of-way)and the physical location of the road on the
USR map.If the existing right-of-way cannot be verified it shall be
dedicated.The applicant shall also delineate the physical location
of the roadway. Pursuant to the definition of setback in
Section 23-1-90 of the Weld County Code,the required setback is
measured from the future right-of-way line.
9) The applicant shall show and label an approved access point onto
County Road 23.Include the access usage type(i.e.Oil and Gas),
the appropriate width,and the appropriate radii.The access point
will be reviewed as part of the USR map submittal.
10) The applicant shall show and label the drainage flow arrows.
2. Upon completion of Condition of Approval#1 above,the applicant shall submit
one(1)electronic copy(.pdf)of the map for preliminary approval to the Weld
County Department of Planning Services.Upon approval of the map the applicant
shall submit a USR map along with all other documentation required as Conditions
of Approval.The USR map shall be recorded in the office of the Weld County Clerk
and Recorder by the Department of Planning Services.The map shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The USR map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code,should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution,a$50.00 recording continuance fee shall be added for
each additional three(3)month period.
4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded.Activity shall not occur,nor shall any
Building or Electrical Permits be issued on the property,until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 21st day of August,A.D.,2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUN3—,,-G6L DO
ATTEST: C( .4 Kevin D.Ross,Chair
Weld County Clerk to the Board
_t „,A ,14 ttin / erry L.Bu Pro-Tem
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Deputy Clerk to the Board 3�•'- —
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Date of signature:
• 2024-2142
PL2924
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SAMUEL AND LAURA GAVITO,
CIO GAVITO TRUCKING,INC.
USR24-0011
1. Site Specific Development Plan and Use by Special Review Permit,USR24-0011,is for
Oil and Gas Support and Service(truck parking)outside of subdivisions and historic
townsites in the A(Agricultural)Zone District,subject to the Development Standards
stated hereon.
2. Approval of this plan may create a vested property right,pursuant to Section 23-8-10 of
the Weld County Code.
3. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
4. The semi-trucks will be parked onsite 24 hours a day and the equipment will be stored on
the site 24 hours a day.
5. The number of employees shall be up to nine(9),as stated in the application materials.
6. The number of on-site commercial vehicles shall be no more than nine(9),as stated in
the application materials.
7. No vehicle repair,washing,or service shall occur onsite.
8. No derelict commercial vehicles,as defined in Section 23-1-90 of the Weld County code,
shall be stored on the site.
9. The parking area on the site shall be maintained.
10. The existing landscaping/screening on the site shall be maintained.
11. All signs shall adhere to Chapter 23,Article IV,Division 2 of the Weld County Code,if
applicable.
12. The property owner or operator shall be responsible for controlling noxious weeds on the
site,pursuant to Chapter 15,Articles I and II,of the Weld County Code.
13. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
14. Any work that may occupy and/or encroach upon any County rights-of-way or easement
shall require an approved Right-of-Way Use Permit prior to commencement.
15. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
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16. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
Including a site visit and possible updates.
17. The historical flow patterns and runoff amounts on the site will be maintained.
18. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities
Act,C.R.S.§30-20-100.5)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
19. No permanent disposal of wastes shall be permitted at this site.This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act,C.R.S.§30-20-100.5.
20. Waste materials shall be handled,stored,and disposed of in a manner that controls
fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance
conditions.The applicant shall operate in accordance with Chapter 14,Article I of the Weld
County Code.
21. Fugitive dust should attempt to be confined on the property.Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
22. Any On-site Wastewater Treatment System(OWTS)located on the property must comply
with all provisions of the Weld County Code,pertaining to OWTS.
23. A permanent,adequate water supply shall be provided for drinking and sanitary purposes,
if required for business use.
24. For employees or patrons onsite for less than two(2)consecutive hours a day,and two(2)
or less full-time employees onsite, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment.Portable toilets shall be serviced by a cleaner licensed in Weld County,
contain hand sanitizers and be screened from existing adjacent residential properties and
public rights-of-way.
25. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan.Neither the direct,nor reflected,light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets.No colored lights may be used,which may be confused with,or construed as,
traffic control devices.
27. Building Permits may be required for any new construction,set up of manufactured
structures,or change of use of existing buildings,per Section 29-3-10 of the Weld County
Code.Buildings and structures shall conform to the requirements of the various codes
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adopted at the time of permit application.Currently,the following have been adopted by
Weld County:2018 International Codes,2018 International Energy Conservation Code,
and 2020 National Electrical Code,and Chapter 29 of the Weld County Code.A Building
Permit application must be completed and two(2)complete sets of engineered plans,
bearing the wet stamp of a Colorado registered architect or engineer,must be submitted
for review.A Geotechnical Engineering Report, performed by a Colorado registered
engineer,or an Open Hole Inspection shall be required.A Building Permit must be issued
prior to the start of construction.
28. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County-Wide Road Impact Fee,County Facility Fee,and Drainage Impact Fee
Programs.
29. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
30. All buildings shall comply with the setback from oil and gas wells,per Section 23-4-700,
as amended.
31. Necessary personnel from the Weld County Departments of Planning Services,Public
Works,and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
32. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards,as shown or stated,shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted.Any other changes shall be filed in the office of the Department of Planning
Services.
33. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
34. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three(3)years from the date of Board of County Commissioners
signed Resolution,unless otherwise specified by the Board of County Commissioners
when issuing the original Permit,or the Permit shall be vacated.
35. This Use by Special Review shall terminate when the use is discontinued for a period of
three(3)consecutive years,the use of the land changes,or the time period established
by the Board of County Commissioners through the approval process expires. The
landowner may notify the Department of Planning Services of a termination of the use,or
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Planning Services staff may observe that the use has been terminated.When either the
Department of Planning Services is notified by the landowner,or when the Department of
Planning Services observes that the use may have been terminated,the Planner shall
send certified written notice to the landowner asking that the landowner request to vacate
the Use by Special Review Permit.
36. In such cases where the Use by Special Review has terminated,but the landowner does
not agree to request to vacate the Use by Special Review Permit,a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated,for good
cause shown.The landowner shall be notified at least ten(10)days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit,then the
termination becomes final,and the Use by Special Review Permit is vacated.
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