HomeMy WebLinkAbout20240443.tiffCorr{vu6-1Thi-r81-1
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for
M&M Excavation Co. — 2MJUSR23-11-0027
DEPARTMENT: Planning Services DATE: February 6, 2024
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, M&M Excavation Co., requesting that the
Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for
(2MJUSR23-11-0027). 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.
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:
• New development can pay theirway for their impacts on the County Roadways, or the County will be required
to cover the costs of the new development's impacts on the roadways.
Impacts:
• New development with high traffic volumes impacts the County Road systems and causes wear and tear
more quickly than normal traffic volumes.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• New development will pay their proportional share of repairs and upgrades completed by the County and
the County will not be required to have a share in any improvements required if new development meet any
future traffic triggers.
Recommendation:
Option 1. 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 2MJUSR23-11-0027, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent
Agenda.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Seine
MJ'
1`4 -
Con 1-SLYr\
X10\O.
Q__ a\- ay
FL(DR / sr't-s/CG/KR/Ku,)
e6; 04/10%24 2024-0443
atae/6°0
(m - � - ate
PL2153
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
M&M Excavation Co. — 2MJUSR23-11-0027
THIS AGREEMENT is made this q� i day of ei 2024, by and between M&M
Excavation Co., a Colorado corporation, whose address is 25490 County Road 58, Greeley, Colorado
80634, 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:
Lots A and B of Recorded Exemption, RE -4762; being
part of the El/2 NW1/4 of Section 17, Township 5 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 conditional approval of
2MJUSR23-11-0027, and
WHEREAS, Property Owner acknowledges that the final approval of 2MJUSR23-11-0027 is
conditional upon Property Owner's understanding of construction of the off -site improvements and road
maintenance described in this Agreement and depicted in the following incorporated exhibits:
Exhibit A — Future Off -Site Costs of Construction, to be attached if/when triggered pursuant to Part I, B.,
below,
Exhibit B — Future Off -Site Construction Schedule, to be attached if/when triggered pursuant to Part I, B.,
below,
Exhibit C — Construction Plans, to be attached if/when triggered pursuant to Part I, A, below,
Exhibit D — Plat Map (recorded simultaneously with this Agreement), and
WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code
Sec. 23-2-290, the failure to commence construction of the improvements outlined herein within three (3)
years of triggering may result in the revocation or suspension of 2MJUSR23-11-0027, upon consideration
and order of the Board of County Commissioners, and
WHEREAS, the parties agree that the Property Owner shall provide collateral for off -site
improvements, as required by this Agreement, if/when the off -site improvements are triggered.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant and agree as follows:
4949090 Pages: 1 of 12
03/13/2024 12:24 PM R F..:$0.00
Carly Koppel, Clerk and Recorder, Wald County , CO
IrvirMlligliiVigiVIVRiVINUOPlikWMh IIIIII
M&M Excavation Co. — 2MJUSR23-11-0027 - IA23-0008
Page 1 of 12
02007 -0'745
PART I: SITE SPECIFIC PROVISIONS
A. Off -Site Improvements (as required by the BOCC): The Property Owner shall be responsible
for the construction of certain off -site safety improvements as identified in the USR hearing Resolution,
which may include, but are not limited to: construction of adequate turning radii of sixty-five (65) feet at
the main entrances and exits which extend into County road Rights -of -Way (ROW) connecting to the
County road system, and off -site drainage and signage installations, as indicated on the accepted Exhibit
D and future Exhibit C, as required. On -Site improvements that create more run-off than the historical
amount may require off -site drainage improvements to roads and ROW. Any approved access point(s)
improvements will include standard County approved tracking control and may include a double cattle
guard set (one right after the other), placed back-to-back across the entire width of the access, to ensure a
complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent
County road.
B. Future Off -Site Improvements:
1.0 Traffic Triggers. When the traffic associated with the Use by Special Review Permit reaches certain
safety thresholds as set forth in this agreement, the Property Owner shall design, and construct required
road improvements based on the amount of traffic being generated by the site. The Property Owner's
development does not currently meet the traffic safety triggers requiring the improvements specified below;
however, off -site or phased improvements may be warranted in the future.
1.1 Property Owner shall be required to design, obtain right-of-way, relocate utilities, and
construct said auxiliary lanes into their site if/when all traffic to/from the Property meets the
following traffic triggers:
Property Owner shall design and construct a left deceleration/turn lane on CR 58
whenever traffic exceeds 10 vehicles per hour (VPH) turning left into the Property
for an average daily peak hour.
Property Owner shall design and construct a right deceleration/turn lane on CR 58
whenever traffic exceeds 25 VPH turning right into the Property for an average
daily peak hour.
Property Owner shall design and construct a right acceleration lane on CR 58
whenever traffic exceeds 50 VPH turning right out of the Property for an average
daily peak hour.
Property Owner shall design and construct a left acceleration lane on CR 58 when
the Property Owner's project traffic turning left onto CR 58 exceeds 50 VPH for
an average daily peak hour; or the County, in its sole reasonable discretion
determines that a left acceleration lane is required in order to protect the life, health,
and safety of the traveling public.
2.0 Property Owner's Responsibilities regarding Future Triggers. Property Owner is solely responsible
for the cost and construction of required improvements. These responsibilities may include but are not
limited to the following, as applicable: design, surveys, utility locates, acquisition of ROW, dedication of
ROW, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected
irrigation facilities and utilities, traffic control, and project safety during construction. Property Owner shall
obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, State, or County
regulatory agencies.
3.0 Cost of Construction Exhibit. When any trigger is met, the Property Owner shall submit Exhibit A
within six (6) months of being notified regarding the need for the triggered improvements, indicating the
M&M Excavation Co. — 2MJUSR23-1 1-0027 - IA23-0008
Page 2 of 12
cost of construction estimates (engineer's estimate) to detail the costs used in determining the collateral
requirement for the development. Construction costs must be obtained through a registered Colorado
Engineer. A registered Colorado Engineer must sign and stamp the construction cost exhibit for sites that
have project collateral. New or additional collateral may be required for the triggered improvements. If
required, collateral shall be submitted at the same time as Exhibit A. Exhibit A shall be attached to this
Agreement and incorporated herein once approved by the County.
4.0 Construction Schedule Exhibit. When any trigger is met, the Property Owner shall submit
Exhibit B within six (6) months of being notified regarding the need for the triggered improvements,
indicating the construction schedule, and including completion date for the improvements. Property owner
shall not commence construction of improvements prior to approval of the Construction Plans and receipt
of the appropriate Grading Permit, Access Permit, and/or ROW Permit. Property Owner shall complete all
improvements in accordance with the construction schedule exhibit. The construction of the triggered
improvements shall be completed within the specified timeframe, which may not exceed three (3) years
from the date the trigger is first met and shall be completed as follows: Year 1 design deadline; Year 2
ROW/Utilities; Year 3 Construction. Property Owner shall collateralize 100% of the cost of the construction
improvements, including design, right-of-way, and utility relocation cost within six months of being
notified of meeting the triggers. Exhibit B shall be attached to this Agreement and incorporated herein once
approved by the County.
5.0 Collateral. Collateral for any additional improvements required by the triggers may be required by
the Board of County Commissioners, hereinafter referred to as the BOCC. Collateral is accepted and
released by the BOCC pursuant to the Weld County Code. Additional information about collateral is
outlined in Part II.B of this Agreement.
6.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or once the Property Owner has completed improvements as described in Part II.B,
Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built
drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered
Professional Land Surveyor or Professional Engineer.
C. Haul/Travel Routes: The Property Owner shall be financially responsible for its proportional
share of the associated costs for maintaining and/or improving designated haul/travel routes.
1.0 Haul/Travel Routes. The following roads are designated as hauUtravel routes for the Property:
1) East and west on CR 58 between CR 53 and Weld County Parkway.
2.0 Haul trucks and traffic shall enter and exit the site at the approved access(es) on CR 58 and remain
on paved roadways for further dispersal. Any County roads used by 2MJUSR23-11-0027 traffic on a regular
basis 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), the Weld County Department of
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 two (2) or more deviations within a twelve (12) -month period
M&M Excavation Co. — 2MJUSR23-11-0027 - IA23-0008
Page 3 of 12
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 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 BOCC 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.
D. 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/travel routes. The amount and extent of repair and paving
measures will be determined by site -specific conditions at the time, as reasonably determined exclusively
by County personnel.
3.0 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 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).
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/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. 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.
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/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.
M&M Excavation Co. — 2MJUSR23-11-0027 - IA23-0008
Page 4 of 12
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
becomes 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/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. Engineering and Construction Requirements:
1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering
services in connection with the design and construction of the off -site improvements and all on -site
drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, as
identified on the accepted Construction Plans and according to the construction schedule set forth in the
construction schedule exhibits. The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado and shall conform to the standards and
criteria established by the County for public improvements. The required engineering services shall consist
of, but not be limited to: surveys, designs, plans and profiles, estimates, construction supervision, and the
submission of necessary documents to the County.
2.0 Rights -of -Way and Easements. Before commencing the construction of any off -site improvements
herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good
and sufficient ROW and easements made necessary for the improvements. The County will not exercise
eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads
to be accepted by the County shall be conveyed to the County on County -approved forms and the documents
of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC
and recording.
3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and
any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall
be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being
completed also in accordance with the schedule set forth in the construction schedule exhibits. The BOCC,
at its option, may grant an extension of the time of completion set forth in construction schedule exhibits
stated herein upon application by the Property Owner. Said construction shall be in strict conformance to
the plans and drawings accepted by the County and the specifications adopted by the County.
4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction; and shall furnish copies of test
results to the County. If County discovers inconsistencies in the testing results, Property Owner shall
employ at its expense a third -party qualified testing company approved by County. Such third party shall
furnish the certified results of all such testing to the County. At all times during said construction, the
County shall have the right to test and inspect material and work, or to require testing and inspection of
M&M Excavation Co. - 2MJUSR23-1 I-0027 - IA23-0008
Page 5 of 12
material and work at Property Owner's expense. Any material or work not conforming to the approved
plans and specifications, including but not limited to damages to property adjacent to the construction plan
area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property
Owner.
5.0 Construction Standards. Design and construction of all off -site improvements shall conform to the
current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld
County Engineering and Construction Criteria.
6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of
issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County
review. During construction, appropriate safety signage shall be posted in accordance with the then -current
version of the Manual of Uniform Traffic Control Devices.
B. Collateral:
1.0 General Requirements for Collateral. Property Owner shall provide to County the necessary
collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is
required for completion of off -site improvements, as described in this Agreement; (2) Warranty Collateral
is required for all off -site improvements during the two-year warranty period. Collateral acceptance and
release is governed by the Weld County Code.
1.1 Project Collateral shall be submitted to guarantee completion of off -site improvements
identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the
value of the improvements, as calculated in the cost of construction exhibits. Project Collateral
must be submitted at the time of execution of the Agreement, unless otherwise directed by the
Board of County Commissioners. In the event that Property Owner fails to adequately complete
the required improvements, County may, in its sole discretion, access Project Collateral for the
purpose of completing such improvements. It may be necessary to provide additional collateral in
the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL
PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY.
1.2 Warranty Collateral shall be submitted and held by the County until release after the two-
year warranty period following the County's initial approval of the improvements. Warranty
Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property Owner
fails to adequately complete or repair improvements during the warranty period, County may, in
its sole discretion, access Warranty Collateral for the purpose of completing such improvements.
2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash
deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that
section may be amended from time to time.
3.0 Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld
County Code. For collateral release, County personnel conducts inspections for on -site and off -site
improvements.
3.1 Timing of Release. Project Collateral may be released upon completion of all
improvements required by the Exhibits after initial approval by the County. Warranty Collateral
shall be withheld by County at the time of release of Project Collateral or may be submitted
separately by Property Owner. Warranty Collateral may be released upon the approval of the
County at the end of the two-year warranty period.
M&M Excavation Co. — 2MJUSR23-11-0027 - IA23-0008
Page 6 of 12
3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the
entire project or for a portion of the project, the Property Owner must present a Statement of
Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of
Substantial Compliance shall state that the project or a portion of the project has been completed
in substantial compliance with accepted plans and specifications documenting the following:
3.2.1 The Property Owner's Engineer or his representative has made regular on -site
inspections during the course of construction and the construction plans utilized
are the same as those accepted by Weld County.
3.2.2 For the improvements to public rights -of -way or easements, test results must be
submitted for all phases of this project as per Colorado Department of
Transportation (CDOT) Schedule for minimum materials sampling, testing and
inspections found in CDOT Materials Manual.
3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or at such time as the Property Owner has completed
improvements as shown on the Exhibit C and/or Exhibit D, and shall be stamped
and approved by an Engineer registered in the State of Colorado, if an Engineer
was initially required for the project. The Property Owner's Engineer shall certify
that the project "as -built" is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received prior
written acceptance from a Development Review Engineer.
3.3 County's Response to Request for Release of Collateral. Following a written request for
release of collateral, County personnel will inspect the improvements as provided in this
Agreement. Upon approval, the Board of County Commissioners may release said collateral.
C. Acceptance of Improvements:
1.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property
• Owner shall contact Weld County Development Review and request an inspection of such improvements.
Upon request, County personnel will initiate the inspection, approval, and acceptance process.
• 2.0 Inspection, Approval, and Acceptance Process:
a
a 2.1 Upon completion of construction of all off -site improvements as described in the
;'i Construction Plans, Property Owner shall submit to the Weld County Department of Planning
A Services a Statement of Substantial Compliance by Property Owner's Engineer along with "as-
.-....- ; built" drawings as required in subsection B.3.23, above, and shall request County inspection of the
N Off -Site Improvements. County personnel shall then inspect the improvements. If the County
ss determines the improvements were not constructed in accordance with the Construction Plans, the
^LL County shall direct the Property Owner to correct the deficiencies. If the County determines the
°CI• improvements were constructed in accordance with the Construction Plans, the County shall
id,a initially approve the Off -Site Improvements.
it 1:4
ii82.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period.
Upon completion of the two-year warranty period, County personnel shall, upon request by the
A i0
as 11Property Owner, inspect the subject improvements, and notify the Property Owner of any
Sr: YZ~ deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies.
m~''=_ County personnel shall re -inspect the improvements after notification from the Property Owner that
M&M Excavation Co. — 2MJUSR23-11-0027 - IA23-0008
Page 7 of 12
said deficiencies have been corrected. If the County personnel finds that the improvements are
constructed according to County standards, he or she shall approve the improvements. Such final
approval shall authorize the Property Owner to request the Board of County Commissioners to
release the Warranty Collateral.
2.3 Placement of Improvements into Service Prior to County Approval. If requested by the
Property Owner and agreed by the County, portions of the improvements may be placed in service
when completed according to the schedule shown on the construction schedule exhibit, but such
use and operation shall not alone constitute an approval or acceptance of said portions of the
improvements. County may, at its option, issue building permits for construction for which the
improvements detailed herein have been started but not completed according to the schedule shown
on the construction schedule exhibit, and may continue to issue building permits so long as the
progress of work on the improvements is satisfactory to the County, and all terms of this Agreement
have been faithfully kept by Property Owner.
D. 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.
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 (meaning an overweight, over length, over height vehicle or load
exceeding the legal limits as set by Federal and state guidelines as defined in C.R.S. §§ 42-4-502 through
42-4-509) using Weld County roadways to ensure the operation and movement of Extra -legal Vehicles and
Loads occurs in a safe and efficient manner.
E. 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 (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 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 Access and Use of Collateral. County may access and use collateral to address the issues
specific to the violation. For example, the County may access and use Project Collateral in order to
complete improvements as required by the Construction Plans, when such improvements have not
been completed in accordance with the Construction Schedule.
M&M Excavation Co. — 2MJUSR23-11-0027 - IA23-0008
Page 8 of 12
2.2. 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.
2.3 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.
2.4 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.
N '3
ram -%
N�
o•�w F. General Provisions:
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.
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
dr_ 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
o • complete such improvements.
d. 1.0 Successors and Assigns.
1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part,
dN•�
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
mo n not be unreasonably withheld by County. In such case, Property Owner's release of its obligations
ANY`
M&M Excavation Co. — 2MJUSR23-11-0027 - IA23-0008
Page 9 of 12
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.
4.0 Amendment or Modification. Any amendments or modifications to this agreement shall be in
writing and signed by both parties.
5.0 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.
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 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
pursuant to this Agreement, 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
M&M Excavation Co. — 2MJUSR23-11-0027 - IA23-0008
Page 10 of 12
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.
4949090 Pages: 11 of 12
03/13/2024 12:24 PM R Fee:$0.00
Carly Kopp. , Clark and Raeordar, Weld County , CO
ilk 101
M&M Excavation Co. — 2MJUSR23-I I-0027 - IA23-0008
Page 11 of 12
PROPERTY OWNER: M&M Excavation Co., a Colorado corporation
By:
Name: Terry Miller
Title: President
STATE OF COLORADO
County of Weld
Date I // / /' y
SS.
The foregoing instrument was acknowledged before me this/ day of January,
2024, by Terry Miller, as President of M&M Excavation Co., a Colorado corporation.
ITWA9 ARl1n8WEI3Etseal
otary Public
State of Colorado
Notary ID # 20134060669
My Commission Expires 10-25-2025
Notary Public
WELD COUNTY:
ATTEST: /) ., O;eA BOARD OF COUNTY COMMISSIONERS
Weld C • n Clerk to the WELD COUNTY COLORADO
BY:
Deputy Cl
Bo
4849090 Pages: 12 of 12
03/13/2024 12:24 PM R Fee:$0.00
Carly Kopp.., Clerk and Recorder, Wald County , CO
NI VIII VIM Mk
D. Ross, Chair FEB 2 1 2024
M&M Excavation Co. — 2MJUSR23-11-0027 - IA23-0008
Page 12of12
a4- /-(11.3
�ontract For
Entity Information
Entity Name
M & M EXCAVATION COMPANY
Entity ID*
@00041405
Contract Name *
IMPROVEMENTS AND ROAD MAINTENANCE
AGREEMENT M&M EXCAVATION CO. 2MJUSR23-1 1-
0027
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
7817
Contract Lead *
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weldgo
v.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT M&M EXCAVATION CO. 2MJUSR23-1 1-0027 NO
COLLATERAL REQUIRED
Contract Description 2
Contract Type *
AGREEMENT
Amount*
$0.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department
PLANNING
Department Email
CM-
Planning@weldgov.com
Department Head Email
CM-Planning-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
N EY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date" 02/10/2024
02/14/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
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
Termination Notice Period
Contact Information
Contact Info
Review Date *
02/14/2025
Committed Delivery Date
Renewal Date
Expiration Date*
02/14/2026
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
ELIZABETH RELFORD
DH Approved Date
02/08/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
02/21/2024
Finance Approver
CHERYL PATTELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
02/08/2024 02/12/2024
Tyler Ref*
AG 022124
Originator
JTRUJILLOMARTINEZ
Hello