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MEMORANDUM
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TO: Clerk to the Board
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I'', ' , - DATE: January 27, 2026
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� I1J� FROM: Jazmyn Trujillo-Martinez, Planning Services Dept.
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ISUBJECT: BOCC Agenda Item—Approve Road Maintenance
Agreement For:
C&H Aggregate, LLC—AP26-00009
Request to Approve Road Maintenance Agreement:
The Department of Planning Services received a request from the applicant,C&H Aggregate, LLC,
requesting that the Board of County Commissioners consider approving the Road Maintenance
Agreement for(AP26-00009).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 "Road Maintenance Agreement According To
Policy", are found to be acceptable.
• This Agreement complies with the terms of the Access Permit Resolution, as issued by
the Department of Planning Services.
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for AP26-00009,
and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent
Agenda.
cc: Dawn Anderson, Planning Services
C0%trl S_o +r..lc Rc N Q- 2026-0362
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ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
C&H Aggregate, LLC—AP26-00009
THIS AGREEMENT is made this 27th day of January 2026, by and between C&H
Aggregate, LLC, a limited liability company organized under the laws of the State of Colorado , whose
address is 43646 County Road 45,P.O.Box 211,Ault,Colorado 80610,hereinafter referred to as"Property
Lessee,"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 Lessee is the lessee of the following described property in the County of
Weld, Colorado:
A portion of the NE 1/4 NE 1/4 of Section 16,Township 7
North, Range 59 West of the 6th P.M., Weld County,
Colorado
hereinafter referred to as"the Property,"and
WHEREAS, Property Lessee has received the Department of Planning Services approval of
AP26-00009,and
WHEREAS, Property Lessee acknowledges that the final approval of AP26-00009 is conditional
upon Property Lessee's funding 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 Lessee shall be financially responsible for its proportional share of the
County's costs associated with maintaining and/or improving designated haul/travel routes.
1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property:
1)North and south along County Road 115 between County Road 80 and Highway 14.
2.0 Haul trucks shall enter and exit the site at the approved access(es)on CR 115 and travel north-south
to the nearest paved road for further dispersal. Any County roads used by traffic associated with
AP26-00009 may become part of the established haul/travel routes.
3.0 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.
4.0 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
C&H Aggregate,LLC—AP26-00009—RMA26-0002
Page 1of7
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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 Lessee.
5.0 Haul Route Signage. Property Lessee 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.
6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board 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:
2.0 Dust Control. Property Lessee shall be financially responsible for its proportional share of dust
control on unpaved designated haul/travel routes after commencement of operation.The amount and extent
of dust control will be determined by site-specific conditions at the time, as determined exclusively by
County personnel. Dust abatement along the relevant haul/travel routes is expected to occur approximately
two to five times per year. Dust abatement is required for roads with more than 200 vehicles per day, per
Section 8-6-100 of the Weld County Code.
3.0 Repair. Property Lessee shall be financially responsible for its proportional share of excavation,
patching,and pavement repair on designated haul/travel 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.
4.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel 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 Property Lessee of such Significant Damage.
Property Lessee 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
Property Lessee identifies Significant Damage prior to receiving notice thereof from County, Property
Lessee 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).
5.0 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/travel 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 Lessee in writing that the Off-Site
Improvements/Repairs shall be undertaken.
5.1 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Lessee's payment for its Proportionate Share of the road repairs/improvements will be
calculated as determined in this Agreement. Property Lessee will be invoiced accordingly for those
proportional share costs.
6.0 Calculation of Property Lessee's Proportional Share of Costs. The County shall notify Property
Lessee of County's preliminary determination and assessment of Property Lessee's proportional share of
C&H Aggregate,LLC—AP26-00009—RMA26-0002
Page 2 of 7
costs of maintenance, repair, or improvements to Property Lessee's designated haul/travel routes. Prior to
County's final determination and assessment, County shall provide Property Lessee with a reasonable
opportunity to review, comment upon and supplement County's data, collection methodology, and
determinations. The County shall review and consider Property Lessee's input prior to making a final
determination and assessment. The County shall have sole responsibility for determination of Property
Lessee's proportional share of costs. Property Lessee agrees to pay such proportional share of costs within
30 days of receiving an invoice from County.
7.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of
Property Lessee and all other Property Lessees and/or Owners 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 Lessee of the required roadway repairs will be given as soon as the data
become available.
8.0 Notification. The County shall notify Property Lessee of County's preliminary determination and
assessment of Property Lessee's proportionate share of costs of maintenance, repair, or improvements to
Property Lessee's designated haul/travel routes. Prior to County's final determination and assessment,
County shall provide Property Lessee with a reasonable opportunity to review, comment upon and
supplement County's data, collection methodology, and determinations. The County shall review and
consider Property Lessee's input prior to making a final determination and assessment.
PART II:GENERAL PROVISIONS
A. Permits: Property Lessee 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 Lessee 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.
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
and movement of Extra-legal Vehicles and Loads occurs in a safe and efficient manner.
B. Enforcement and Remedies:
1.0 Violation of Terms of Agreement. If in County's opinion, Property Lessee has violated any of the
terms of this Agreement, County shall notify Property Lessee 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 Lessee shall have fifteen (15) days within which to either cure the violation or
demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the
violation is continuing,County may consider Property Lessee to be in breach of this Agreement.
C&H Aggregate,LLC—AP26-00009—RMA26-0002
Page 3 of 7
2.0 Remedies for Breach by Property Lessee. In the event that County determines that Property Lessee
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 Access Permit. Property Lessee acknowledges that failure to comply with
the terms of this Agreement constitutes cause to revoke the Access Permit, 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. 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 Lessee's complete cessation of all activities permitted by the Access Permit 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 Lessee of cessation of activities, and
verified by the County,cessation shall only be presumed if the County determines that the operation
has been inactive for three(3)years. Property Lessee 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
execution of a new Improvements Agreement with a new property lessee or operator who has
purchased the Property or has assumed the operation of the business permitted and intends to make
use of the rights and privileges available to it through the then existing use.
3.4 Revocation of Access Permit. This Agreement shall terminate following County's
revocation of Property Lessee's Access Permit.
C. General Provisions:
1.0 Successors and Assigns.
1.1 Property Lessee may not delegate, transfer, or assign this Agreement in whole or in part,
without the prior 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 such case,Property Lessee's release of its obligations
C&H Aggregate,LLC—AP26-00009—RMA26-0002
Page 4 of 7
shall be accomplished by County's execution of a new Improvements Agreement with the
successor lessee of the property.
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
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
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
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation,execution,and enforcement of this Agreement.Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void. In the event of a legal dispute between the parties,the parties agree that the Weld County District
Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
dispute.
8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Lessee,
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 Lessee 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,
C&H Aggregate,LLC—AP26-00009—RMA26-0002
Page 5of7
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
Lessee shall provide the County with proof of Property Lessee's authority to enter into this Agreement
within five(5)days of receiving such request.
12.0 Acknowledgment. County and Property Lessee 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.
C&H Aggregate,LLC—AP26-00009—RMA26-0002
Page 6 of 7
PROPERTY LESSEE: C H AGGREGATE, LLC
By: Date 7 7 J �
Name: Cliff Simpson
Title: Managing Member
STATE OF COLORADO )
ss.
County of Weld )
The foregoing instrument was acknowledged before me this 21-day ofiatiktA r�,
202(4, by C` CC Sw.Pbt\- �l
•
WITNESS my hand and official seal.
Macayla Joice Gilpin
State of Colorado Notary Pub •
Notary Public
Commission No.20244007478
My Commission Expires 02/21/2028
WELD COUNTY:
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ATTEST: Q+'• �dead; BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WEL COUNTY,COLORADO
BY: 0/1409/6n
Deputy Clerk to the Board Scott K. James,Chair
i' �.` FEB 1 8 2026
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C&H Aggregate,LLC—AP26-00009—RMA26-0002
Page 7 of 7
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WELD COUNTY ACCESS PERMIT
DEPARTMENT OF PLANNING Phone (970) 400-6100
SERVICES WELa
1402 North 17th Ave
P.O. Box 758 COUNTY, CO
Greeley, CO 80632
Permit Number: AP26-00009
Issuance of this permit binds applicant and its contractors to all requirements,provisions,and ordinances of Weld County,Colorado.
Project Name: C&H Aggregate,LLC Access is on WCR: 115
Permit Expiration Date: Nearest Intersection WCR: 115-80
Planning/Building Process RMA26-0002 Distance from Intersection: 4385
Parcel(s): 072116000001 Number of Existing 1
Accesses:
Proposed Use: Small Commerical Access Width: 40ft.
Access Turning Radii: 65ft.
Latitude: 40.579661
Longitude: -103.973850
Applicant Information: Owner Information:
Name: Mike Biwer Name:
Company: C&H Aggregate, LLC Company: State of Colorado
Phone: 9709083155 Phone: 3038543313
Email: mike.biwer@chexcanvation.com Email: benjamin.teschner@state.co.us
Road Surface Type and Construction Information:
Road Surface:Gravel
Culvert Size and Type:
Material to Construct Access: Existing
Start Date: Finish Date:
A Copy of this permit must be on site at all times during construction hours
Daily work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK(applies to weekends if
approved)
Approved MUTCD traffic control/Warning devices are required before work begins and must remain until completion of
work
**Crushed or recycled concrete SHALL NOT be used for tracking material in the County ROW
All access points shall comply with Chapter 8,Article XIV and Appendix 8-Q found at:
https://library.municode.com/co/weld county/codes/charter and county code?nodeld=CH8PUWO ARTXIVROACPO
https://library.municode.com/co/weld county/codes/charter and county code?nodeld=CH8PUWO APX8-
QWECOENCOCR
Unless otherwise authorized.
Special Requirements or Comments
Utilize existing access point on CR. 115(1-COMM)located approx.4,385ft. north of CR.80.
Approved By: Digitally signed by
Flores
Step{,.a.,.i.-Flores Date:Stephanie.01.26
Date:2026.01.26
16:22:43-07'00'
Contract Form
Entity Information
Entity Name* Entity ID* New Entity? Please use the job
C & H EXCAVATION LLC SUP-51 140 aid linked here to add a
O supplier in Workday.
Contract Name* Contract ID Parent Contract ID
ROAD MAINTENANCE AGREEMENT C & H AGGREGATE 10325
LLC AP26-00009 Requires Board Approval
Contract Lead* YES
Contract Status JTRUJILLOMARTINEZ
CTB REVIEW Department Project#
Contract Lead Email
jtrujillomartinez@weld.go
v
Contract Description*
ROAD MAINTENANCE AGREEMENT C & H AGGREGATE LLC AP26-00009 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PLANNING Date* 02/05/2026
02/09/2026
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-
COU NTYATTORNEY@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
02/09/2027
Termination Notice Period Expiration Date*
Committed Delivery Date 02/09/2028
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 CHRIS D'OVIDIO BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
02/05/2026 02/05/2026 02/06/2026
Final Approval
BOCC Approved Doc ID#
AG021826
BOCC Signed Date
BOCC Agenda Date Originator
JTRUJILLOMARTINEZ
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