HomeMy WebLinkAbout20241938.tiffRESOLUTION
RE: APPROVE TERMINATION OF ROAD MAINTENANCE AGREEMENT FOR USE BY
SPECIAL REVIEW PERMIT, USR21-0015 - STACY DITTER
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, on November 17, 2021, the Board approved the application of Stacy Ditter,
33818 County Road 53, Gill, Colorado 80624, for a Site Specific Development Plan and Use by
Special Review Permit, USR21-0015, 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 2 of Recorded Exemption, RE -32; being part of
the NW1/4 of Section 16, Township 6 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on November 10, 2022, the Board of County Commissioners of Weld County,
Colorado, approved a Road Maintenance Agreement According to Policy Regarding Collateral
for Improvements between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Stacy Ditter, with terms and conditions being as
stated in said agreement, and
WHEREAS, on July 17, 2024, the Board approved the request of Stacy Ditter, to withdraw
said Use by Special Review Permit, USR21-0015, and rescinded Resolution #2021-3164, dated
November 17, 2021, and
WHEREAS, upon recommendation of staff, the Board deems it advisable to terminate the
Road Maintenance Agreement, approved on November 10, 2022, recorded at
Reception #4868054.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Road Maintenance Agreement for Use by Special Review Permit,
USR21-0015, be, and hereby is, terminated.
cC'.PL (ER/MN/DA/11-hAN /MW/KR)
015/OW/2y
2024-1938
PL2803
TERMINATE ROAD MAINTENANCE AGREEMENT (USR21-0015) - STACY DITTER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of July, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, . a •RADO
ATTEST: Cam( ) , 744
Weld County Clerk to the Board
ev:'1 • latAG0lCk
Deputy Clerk to the Board
APP :VED AS
C unty At ney
Date of signature: Z3
7c _ n,
Kevin D. Ross, Chair
erry L. Bk, Pro-Tem
Mike reeman
2024-1938
PL2803
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Termination of Road Maintenance Agreement for:
Stacy Ditter— USR21-0015
DEPARTMENT: Planning Services DATE: July 2, 2024
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from Stacy Ditter, requesting that the Board of County
Commissioners consider approving the termination of the Road Maintenance Agreement for (USR21-0015). The Road
Maintenance Agreement was approved on November 16, 2022, and recorded as Reception 4888054 and Tyler 2022-3222.
USR21-0015 was never perfected within three years of approval thus USR21-0015 faces recission.
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 Use By Special Review Permit Resolution, as signed by the
Board of County Commissioners.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the
Regular Agenda.
Consequences:
• Not terminating the agreement will make it appear as if the owner is still bound to the terms of the agreement
even though the land use case has been rescinded and no longer is valid for its permitted use.
Impacts:
• The files maintained by Clerk to the Board will not accurately reflect the reality of the situation.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• There is no direct cost impact for the County if this agreement is terminated.
Recommendation:
Option 2. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending
approval of the termination of the Road Maintenance Agreement According To Policy for USR21-0015, and that this item
be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda.
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
Support Recommendation Schedule
Place on BOCC Agenda Work Session
Other/Comments:
2024-1938
7/l -1
Pt_
Maxwell Nader
From: Kerri Ann Ditter <kaditterl @gmail.com>
Sent: Wednesday, July 3, 2024 2:11 PM
To: Maxwell Nader
Subject: Re: USR21-0015 Status
Follow Up Flag: Follow up
Flag Status: Flagged
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Maxwell,
Good afternoon. It was nice to talk with you on the phone last week.
We closed Ditter Trucking in 2021 and Dirt Worx in 2022, so we do not need the USR21-0015. Please let the county
know that we appreciate the work they put into it, but we no longer need it.
Respectfully,
Kerri Ann bitter
970-819-8661
On Fri, Jun 28, 2024 at 1:18 PM Maxwell Nader <mnader@weld.gov>wrote:
Kerri,
As discussed on the phone yesterday. Can you please send me confirmation that you do not wish to finalize USR21-
0015 and support the rescission of it.
Thank you!
Best,
1
Maxwell Nader
Planning Manager
Dept. of Planning Services
1402 N 17`h Ave
Greeley, CO 80631
mnader@weld.gov
Phone: (970)400-3527
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution
or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: Maxwell Nader
Sent: Thursday, June 27, 2024 1:26 PM
To: Kerri Ann Ditter <kaditterl@Rmail.com>
Subject: USR21-0015 Status
Kerri,
I see that you signed the certified letter sent to you in March regarding the finishing of USR21-0015. A site visit was
taken today, and it appears there may not be a business the property any longer.
Currently a hearing is scheduled on July 17, 2024 to rescind this USR21-0015 due to the incompletion of conditions.
Please let me know as soon as possible on what your thoughts are.
Best,
2
Maxwell Nader
Planning Manager
Dept. of Planning Services
1402 N 17`h Ave
Greeley, CO 80631
mnader@weld.gov
Phone: (970)-400-3527
WELl
WELD COUNTY, CO
O®Q
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution
or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
3
Jazmyn Trujillo Martinez
From:
Sent:
To:
Cc:
Subject:
Jazmyn,
Maxwell Nader
Wednesday, June 26, 2024 7:15 AM
Jazmyn Trujillo Martinez
Chris Gathman; Dawn Anderson
USRs going to BOCC for Rescission on July 17, 2024
First Id like to apologize for the very last second notice of this. But ] the following cases are going to the BOCC on July 17, 2024,
for possible rescission and it appears there is an RMA/IA tied to most. Although we would like to have them run the same day, at
this point I believe it is very appropriate to have them be presented following the resolution of these seven cases. Let me know
your thoughts!
USR19-0026 — RMA — but does not appear one was recorded.
USR20-0031— RMA Recorded
USR21-0015 — RMA Recorded
USR15-0033 - No RMA
USR16-0021— RMA — but does not appear one was recorded.
USR18-0037 — No RMA
USR18-0106 — RMA — but does not appear one was recorded.
Best,
Maxwell Nader
Planning Manager
Dept. of Planning Services
1402 N 57th Ave
Greeley, CO 80631
mnadertsweld.ttov
Phone: (970)-400-3527
WELD
VCFLD COUI+T Y, CO
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in
error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
,/
io Sri
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance Agreement for.
Stacy DISer— USR21-0015
DEPARTMENT: Planning Services DATE: November 13, 2022
PERSON REQUESTING: Jazmyn Trujillo -Martinez
BrMt description of the problemllesue:
The Department of Planting Services received a request from the applicant, Stacy ()Liter, requesting that the
Board of County Commissioners consider approving the Road Maintenanoe Agreement for (USR21.0015). No
collateral is required with this agreement.
Wald 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 Use by Special Review Permit Resolution, as signed
by the Board of County Commissioners.
What options exist for the Board? (Include consequences, Impact, costa, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this 8OCC Hearing Item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Planning Services, Pubic Works, and the County Attorney's Office ere
recommending approval of the Road Maintenance Agreement According To Policy for USR21-0015, and that
this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Perry L. Buck
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lori Seine
Mega
Y�di $�fi n Other/Comments;
�►i.io //3 Kai.)
122.
)X 644 Eel)
2022-3222
otpo
ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Stacy Differ — USR21-00115
THIS AGREEMENT is made this 01-1dayoff/jai/12022, by and between Stacy Differ,
whose address is 33818 County Road 53, Gill, Colorado 80624, 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 "O" 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 2 of Recorded Exemption, RE -32; being part of the
NW1/4 of Section 16, Township 6 North, Range 64
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 approval of
USR2t0015, and
WHEREAS, Property Gunner acknowledges that the final approval of USR21-0015 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 1: 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 and/or improving designated haul/travel routes.
1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property:
• t) East and west along County Road 70 between approved site access and County Road 51.
2) North and south along CR 53 between County Road 70 and Highway 392.
2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 70 and travel east -west
,� to the nearest paved road for further dispersal. Any County roads used by traffic associated with USR21-
a12 0015 may become part of the established haul/travel routes.
sasi
o=. 3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds per axle
nM -v
� and axle configurations unless overweight permits have been applied for and granted.
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11 4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
abovementioned 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
et paved county roads whenever possible. A deviation from the established haul/travel route lasting mom
i1g
Stacy Ditter — USR21-0015 — RMA22-0011
' 111 Page 1 of
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.
5.0 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 ofhe Property which can be clearly seen
by drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation front Permitted Haul Routes. Except as authorized by the Board pursuant to this
Agreement, no use of any made 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 Dust Control. Property Owner 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.
2.1 Dust Control During Construction. If necessary, as determined by the County, the
Property Owner shall cause to be performed within 30 days of notification, at its sole expense,
dust control by a contractor approved by Weld County Public Works during the construction
period of the development.
3.0 Repair. Property Owner 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 hauUtravel 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 Owner of such Significant
Damage. Property 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 notice and shall commence such repair within forty-eight (48) hours after
receipt of such notice. If Property Owner identifies Significant Damage prior to receiving notice thereof
from County, Property Owner 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 Owner in writing that the Off -Site
Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of
the need to undertake the mad maintenance repairs and/or improvements, Property Owner shall submit
OffSite Construction Plans and Cost Estimates to County for review. Property Owner shall have sole
Stacy Ditter — USR21-0015 — RMA22-0011
Page I of 7
responsibility for the completion of the repairs and/or improvements on or before December 15 of the
year following County's notice of the need for repairs.
5.1 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.
6.0 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/travel routes. Prior to
County's final determination and assessment, County shall provide Property Owner with a reasonable
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
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 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.
8.0 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/travel routes. Prior to County's final determination and assessment,
County shall provide Property Owner with a reasonable 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
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
oncoming 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.
Stacy Ditter— USR21-0015 — RMA22-0011
Page 3 of 7
B. Enforcement and Remedies:
1.0 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 fifteen (l5) 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 Owner to be in breach of this Agreement.
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 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.
Stacy Diner — USR21-0015 - RMA22-0011
Page 4 of 7
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 after the successful completion of all improvements required under this Agreement,
which may be completed by County after accessing Property Owner's collateral if Property
Owner fails to complete such improvements.
C. General Provisions:
1.0 Successors and Assigns.
1.1 Property Owner 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 Owner's release
of its obligations shall be accomplished by County's execution of a new Improvements
Agreement with the successor owner 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.
I
84
4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the
terns 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
Stacy Differ— USR21-0015 — RMA22-0011
Page 5of7
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 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 Liablliiy. 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 One (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.
Stacy Differ—USR21-0015 —RMA22-0011
Page 6 of 7
PROPER
By:
Name:
Title: 0LOya.A
STATE OF COLORADO
County of Weld
Date 101 ,a4 if9,0aa
SS.
The foregoing instrument was acknowledged before me thisoIf day of (/dp
202;, by ≤7ae7 tter
W 1 I "'NV s 1 FIa rIPsoN � •1G1[I-:
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20074034403
MY COMMISSION EXPIRES SEPT. 10, 2023
Fe
WELD COUNTY:
(
ATTEST: C1I �•'K
Weld C•. t, Clerk to the Bo
BY:
Deputy
BOARD OF COUNTY COMMISSIONERS
WELCOUNTY, COLORADO
tt K. James, Chair `
ICJ 1 C 2522
Stacy Ditto-- USR21-0015 —.A22-0011
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Contract Form
New Contract Request
Entity Information
Enuity Name
DITTER, STACY
Entity ID*
@00046371
Contract Name* Contract ID
ROAD MAINTEANCE AGREEMENT STACY DITTER USR21- 6481
0015
Contract Status
CTB REVIEW
❑ New Entity?
Parent Contract ID
Contact Lead* Requires Board Approval
JTRUJILLOMARTINEZ YES
Cornract Lead Email Department Project a
jtru jil lomanine z@we ldgov. c
om
Contract Description •
ROAD MAINTEANCE AGREEMENT STACY OTTER USR21-0015 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type*
AGREEMENT
Amount*
30.00
Renewable*
NO
Automatic Renewal
Grant
ICA
Department
PLANNING
Department Email
CM-PlanningAweldgov.com Will a work session with BOCC be required?*
NO
Requested BOCC Agenda
Date*
11+16,2022
Due Date
11;12:2022
Department Head Entail
CM-Planning-
DeptHeadgweldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
cm-
COU NTYATTORNEY3TMIELDG
OV.COM
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
If this is pan of a MSA enter NSA 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
11.16 2023
Termination None Period
Contact Information
Committed Delivery Daze
Expiration Date •
11;1612024
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
TOM PARKO JR. CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
11`10/2022 11+10+2022 11'10`2022
Final Approval
BOCC Approved Tyler Ref
AG 111622
6OCC Signed Date
0OCC Agenda Date
11!16;2022
Originator
JTRUJILLOMARTINEZ
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