HomeMy WebLinkAbout20242054.tiffRESOLUTION
RE: APPROVE TERMINATION OF ROAD MAINTENANCE IMPROVEMENTS
AGREEMENT FOR 1041 WELD COUNTY OIL AND GAS LOCATION ASSESSMENT
PERMITS, 1041WOGLA19-0019, 1041WOGLA19-0024, AND 1041WOGLA19-0041 -
HIGHPOINT OPERATING CORPORATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Final Order dated June 18, 2020, Curtis Moore, Hearing Officer for the
Weld County Oil and Gas Energy Department, approved 1041 Weld County Oil and Gas Location
Assessment Permits, 1041 WOGLAI9-0019, 1041 WOGLA19-0024, 1041WOG
issued to HighPoint Operating Corporation, on the following described real estate, to -wit:
W1/2 of Section 29, and SE1/4 and SW1/4 of
Section 30, all in Township 12 North, Range 62 West
of the 6th P.M., Weld County, Colorado
WHEREAS, on July 13, 2020, the Board of County Commissioners of Weld County,
Colorado, approved Comprehensive 1041 WOGLA Road Maintenance Improvements Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and HighPoint Operating Corporation, with terms and conditions
being as stated in said agreement, and
WHEREAS, upon recommendation of staff, the Board deems it advisable to terminate the
Comprehensive 1041 WOGLA Road Maintenance Improvements Agreement, approved on
July 13, 2020, recorded at Reception #4608618, in the records of the Weld County Clerk and
Recorder, since a site inspection was performed on August 31, 2023, which confirmed
1041 WOGLAI 9-0019, 1041 WOGLA19-0024, and 1041 WOGLA19-0041 construction was not
started within three (3) years of approval and the permits expired on July 22, 2023.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Comprehensive 1041 WOGLA Road Maintenance Improvements
Agreement for 1041 Weld County Oil and Gas Location Assessment Permits, 1041 WOGLA19-
0019, 1041 WOGLA19-0024, and 1041 WOGLA19-0041, with HighPoint Operating Corporation,
be, and hereby is, terminated.
co, PL.CER/MN/DA /DA/5'TIAWR/vA
O4/03/24
2024-2054
OG0003
TERMINATE ROAD MAINTENANCE IMPROVEMENTS AGREEMENT (1041WOGLA19-0019,
1041WOGLA19-0024, and 1041WOGLA19-0041) - HIGHPOINT OPERATING CORPORATION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of July, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU
ATTEST: thoftwo
Weld County Clerk to the Board
ByUebrZkal• VIJ�i>1 I.C�r
Deputy Clerk to the Board
APP e ED A 4 FARM:
i my ey
Date of signature:
o
Kevin D. Ross, Chair
Perry L.
ck, Pro-Tem
ike Freeman
Saine
•
2024-2054
OG0003
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Termination of Road Maintenance Agreement for:
HighPoint Operating Corporation — 1041 WOGLA19-0019, 1041 WOGLA19-0024, 1041 WOGLA19-0041
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 the Oil and Gas Energy Department on behalf of HighPoint
Operating Corporation, requesting that the Board of County Commissioners consider approving the termination of the Road
Maintenance Agreement for (1041 WOGLA19-0019, 1041 WOGLA19-0024, 1041 WOGLA19-0041). The Road Maintenance
Agreement was approved on July 13, 2020, and recorded as Reception 4608618 and Tyler 2020-2046. The
1041WOGLA19-0019, 1041WOGLA19-0024, and 1041WOGLA19-0041 construction was never started within three years
of approval thus 1041 WOGLAI 9-0019, 1041 WOGLAI9-0024, and 1041 WOGLA19-0041 has expired.
Weld County Planning Services, Public Works, Oil and Gas Energy, 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 1041 WOGLA Permit Final Order, as signed by the Oil and Gas
Energy Hearing Officer.
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 operator is still bound to the terms of the
agreement even though the land use case has expired 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, Oil and Gas Energy, and the County Attorney's Office are
recommending approval of the termination of the Road Maintenance Agreement According To Policy for
1041WOGLA19-0019, 1041WOGLA19-0024, and 1041WOGLA19-0041, 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 Seine
Support Recommendation Schedule
Place on BOCC Agenda Work Session
ry,P
Other/Comments:
2024-2054
September 6, 2023
Jeff Annable
650 Southgate Drive
Windsor, CO 80550
Re: 1041 WOGLA19-0019
Mr. Jeff Annable:
Oil and Gas Energy Department
1402 N. l7`h Ave.
Greeley, CO 80631
970-400-3580 office
ogedl liweld.gov
This letter serves as notice that the referenced Weld Oil and Gas Location Assessment Permit
expired on July 22, 2023.
Applicant: Highpoint Operating Corporation
Record Number: 1041 WOGLAI9-0019
Location Name: Randall Creek 30 SW
Parcel Number: 004130000002
Approval Date: July 22, 2020
Legal Description: SW Section 30, Township 12 North, Range 62 West, 6`h P.M., Weld
County, Colorado
A site inspection was performed on August 31, 2023, and it was confirmed that construction had
not begun on this Location.
Pursuant to Sec.23-2-1050., ORD2015-26: Construction pursuant to approval of a WOGLA shall
be commenced, and continual progress made within three (3) years from the date of approval, or
the approval shall terminate. If it is still the intent to pursue this Oil and Gas Location, submittal
of a new 1041 WOGLA Application is required. Pursuant to Sec.21-5-315., ORD2021-17, the
Application process shall begin with a request for a pre -application meeting.
Please contact the Oil and Gas Energy Department should there be any questions or concerns.
Sincerely,
Jason S. Maxey
Director
September 6, 2023
Jeff Annable
650 Southgate Drive
Windsor, CO 80550
Re: 1041 WOGLA19-0024
Mr. Jeff Annable:
Oil and Gas Energy Department
1402 N. 17`h Ave.
Greeley, CO 80631
970-400-3580 office
oged@weld.eov
This letter serves as notice that the referenced Weld Oil and Gas Location Assessment Permit
expired on July 22, 2023.
Applicant: Highpoint Operating Corporation
Record Number: 1041 WOGLA19-0024
Location Name: Randall Creek 29 SW
Parcel Number: 004129000008
Approval Date: July 22, 2020
Legal Description: W/2 Section 29, Township 12 North, Range 62 West, 6'h P.M., Weld
County, Colorado
A site inspection was performed on August 31, 2023, and it was confirmed that construction had
not begun on this Location.
Pursuant to Sec.23-2-1050., ORD2015-26: Construction pursuant to approval of a WOGLA shall
be commenced, and continual progress made within three (3) years from the date of approval, or
the approval shall terminate. If it is still the intent to pursue this Oil and Gas Location, submittal
of a new 1041 WOGLA Application is required. Pursuant to Sec.21-5-315., ORD2021-17, the
Application process shall begin with a request for a pre -application meeting.
Please contact the Oil and Gas Energy Department should there be any questions or concerns.
Sincerely,
/K.Jason S. Maxey
Director
September 6, 2023
Jeff Annable
650 Southgate Drive
Windsor, CO 80550
Re: 1041 WOGLA19-0041
Mr. Jeff Annable:
Oil and Gas Energy Department
1402 N. 17" Ave.
Greeley, CO 80631
970-400-3580 office
ogedga weld.gov_
This letter serves as notice that the referenced Weld Oil and Gas Location Assessment Permit
expired on July 22, 2023.
Applicant: Highpoint Operating Corporation
Record Number: l 041 WOGLA19-0041
Location Name: Randall Creek 30 SE
Parcel Number: 004130000009
Approval Date: July 22, 2020
Legal Description: SE Section 30, Township 12 North, Range 62 West, 6`h P.M., Weld
County, Colorado
A site inspection was performed on August 31, 2023, and it was confirmed that construction had
not begun on this Location.
Pursuant to Sec.23-2-1050., ORD2015-26: Construction pursuant to approval of a WOGLA shall
be commenced, and continual progress made within three (3) years from the date of approval, or
the approval shall terminate. If it is still the intent to pursue this Oil and Gas Location, submittal
of a new 1041 WOGLA Application is required. Pursuant to Sec.21-5-315., ORD2021-17, the
Application process shall begin with a request for a pre -application meeting.
Please contact the Oil and Gas Energy Department should there be any questions or concerns.
Sincerely,
-72-1-7-7-S: /619
Jason S. Maxey
Director
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin D. Ross
G
7- i3
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Comprehensive Road Maintenance Agreement for:
HighPoint Operating Corporation —1041 WOGLA 19-0019, 1041 WOGLAl9-0024, 104 l WOGLA 19-0041
DEPARTMENT: Public Works DATE: June 10, 2020
PERSON REQUESTING: Jazmvn Trujillo -Martinez
Brief description of the issue:
The Department of Public Works received a request from the applicant, HighPoint Operating Corporation,
requesting that the Board of County Commissioners consider approving the Road Maintenance Agreement for
(1041WOG1A19-0019, 1041WOGLAI9-0024, l041WOGLAI9-0041). No collateral is required with this
agreement.
The Oil and Gas Energy Department's hearing for 1041 WOGLA 19-0019, 1041 WOGLA 19-0024,
1.041 WOGLA 19.0041 is scheduled for June 10, 2020.
Weld County Public Works and Oil and Gas Energy Department 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 WOGLA Permit, as signed by the Director of Oil and Gas
Energy Department.
• This Agreement follows the template approved by the County Attorney's Office.
What options exist for the Board?
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.
Recommendation:
Option I. The Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for 1041 WOGLA19-0019,
104lWOGLAI9-0024, 1041WOGLAl9-0041, and that this item be placed on the next regularly scheduled
BOCC Hearing, as part of the Consent Agenda.
Schedule es Regular
Recommendation pOCC Hearing ltee thher/Commcnit,
-
Ce.
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2020-2046
OnCtb,3
COMPREHENSIVE 1041 WOGLA ROAD MAINTENANCE
IMPROVEMENTS AGREEMENT
HighPoint Operating Corporation -1041 WOGLAI9-0019, 1041 WOGLAI 9-0024,
1041 WOGLA19-0041
THIS AGREEMENT is made this day of , 202_q, by and between HighPoint
Operating Corporation, a corporation organized under the laws of the State of Delaware, whose address is
555 17th Street, Suite 3700, Denver, Colorado 80202, hereinafter referred to as "Operator," 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, "Operator" is the responsible party of the multiple 1041 Weld Oil & Gas Location
Assessments (1041 WOGLA) permits located on the following described property in the County of Weld,
Colorado:
Township 12 North. Range 62 West, 6th P.M.
Section 29: W2
Section 30: SE4, SW4
hereinafter referred to as "the Property," and
WHEREAS, Operator has received approval by the Hearing Officer of the Oil and Gas Energy
Department for 104tWOGLAI9-0019, 1041WOGLAI9-0024, 104tWOGLAI9-0041, and
WHEREAS, Operator acknowledges that the final approval of 1041WOGLAI9-0019,
1041 WOGLAI9-0024, 1041 WOGLAI9-0041 is conditional upon Operator's agreement to fund road
maintenance, as 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. PRIOR TO CONSTRUCTION AND OPERATIONS:
1.0 Haul Routes: The Operator shall provide haul routes to be reviewed and approved by the
Department of Public Works. The Operator shall be financially responsible for its proportional share of the
County's costs associated with maintaining and/or improving designated haul/travel routes as related to
traffic generation. Traffic generated from this site shall enter and exit at the approved access on CR 136
and travel to the nearest paved arterial or collector road, or highway, and remain on paved roads for further
dispersal. Any County roads used by traffic associated with 1041 WOGLAl9-0019, 1041 WOGLAI9-0024,
1041 WOGLAl9-0041 may become part of the established haul/travel routes.
1.1 Haul Routes. The: following roads are designated as haul/travel routes for any time period
designated as construction or high -volume traffic to and from the Property:
HighPoint Operating Corporation - Consolidated 1041 WOGLA RMA Agreement — 1041 WOGLA19-0019,
1041 WOGLAI9-0024, 1041 WOGLAI9-0041- RMA20-0030
Page l of*
1) See "EXHIBIT A" - Haul Route Map.
2) The haul route shall remain in effect during all times of heavy road use including but not
limited to, construction, drilling of wells, and hydraulic fracturing.
2.0 Notice of Construction. A pre -construction inspection and a post -construction inspection shall be
performed by County personnel to determine the site -specific condition of the road. The Operator shall
provide the Weld County Department of Public Works with two weeks advance notice of the start of
construction activities authorized by the 1041 WOGLA permit, and shall give additional notice within two
weeks after construction has been completed.
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. Operator is
responsible for researching weight limited bridges and obtaining a Special Transport Permit in accordance
with Chapter 8, Article XV, when establishing haul routes, and furthermore, must follow County
overweight permit and regulations.
4.0 Temporary Deviations. The Weld County Department of Public Works Director may approve
temporary (six months or less) deviations from the haul mutes described above. To receive such approval,
the Operator must submit an updated haul mute map and written request stipulating the reasons for the
deviation, which will be reviewed by the Department of Public Works. Any change in haul route lasting
more than six months shall require an amendment to this Agreement approved by the Board of County
Commissioners.
5.0 Haul Route Signage. Operator shall install travel mute 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 Weld County Board of
County Commissioners or the Director of the Department of Weld County Public Works, 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 Reauiremeots:
1.0 Off -site recurring maintenance, if applicable, and as required by the Departments of Public Works
and Oil and Gas Energy, shall only be performed by a County approved contractor and have a county Right -
of Way permit for that specific location:
2,0 Dust Control, Operator shall be financially responsible for maintaining dust control on unpaved
designated haul/travel routes during any period of construction, heavy truck traffic, and/or high -volume trip
generation. The amount and extent of dust control will be coordinated with Public Works Gravel Roads
Division by site -specific conditions at the time. Operator shall use a County -pre -approved contractor for
chemical applications. Chemical treatment of unpaved roads along the relevant haul/travel route(s) is
expected to occur approximately two to five times per year, or as required by Public Works. If traffic
associated with this use exceeds 200 vehicles per day, per Weld County Code Section 8-6-100, the Operator
shall be responsible for dust abatement. On the basis of damage or complaints, as determined by the County,
the Operator shall cause to be performed within two days of notification, at its sole expense, chemical dust
control, or other treatment, by a contractor approved by Weld County Public Works. Should the traffic
HighPoint Operating Corporation — Consolidated 1041 WOGLA RMA Agreement - 1041 WOGLAI9-0019,
1041 WOGLAI9-0024, 1041 WOGLA I 9-0041- RMA20-0030
Page 2of8
related to 1041 WOGLAl9-0019, 1041 WOGLA19-0024, 1041 WOGLA19-0041 deteriorate the chemical
application performed by the County, the Operator will be responsible for re -applying chemical to retum
the road to pre -construction condition. Depending on the amount of maintenance, as related to traffic
associated with this use, the Department of Public Works may require an alternative treatment method
which may or may not include: topical chemical application, full -depth chemical application, recycled
asphalt or other surface treatment.
3.0 Repair. Operator shall be financially responsible for its proportional share of the repair or
improvement, including but not limited to, excavation, patching, pavement and/or gravel repair, grading,
installing material on designated haut/travel routes. The amount and extent of repair and/or paving measures
will be determined by site -specific conditions at the time, as determined exclusively by County personnel.
Weld County and Operator will work together on a plan needed for repair of any roads, including who
performs the repair. Operator shall provide the County with a pre -approved contractor to be used for repairs.
4.0 Need for Immediate Repairs: In the event of damage to a designated haulltravel mute 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 Operator of such Significant Damage.
Operator 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
Operator identifies Significant Damage prior to receiving notice thereof from County, Operator 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 or major gravel maintenance 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 Operator in writing that the Off -Site
Improvements/Repairs shall be undertaken and shall provide an alternate haul route for the duration of those
repairs. In County's sole discretion, County may undertake the repairs and/or improvements. Operator's
payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in
this Agreement. Operator will be invoiced accordingly for those proportional share costs.
6.0 Calculation of Operator's Proportional Share of Costs. The County shall notify Operator of
County's preliminary determination and assessment of Operator's proportional share of costs of
maintenance, repair, or improvements to Operator's designated haul/travel mutes. Prior to County's final
detemrination and assessment, County shall provide Operator with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and determinations. The County
shall review and consider Operator's input prior to making a final determination and assessment. The
County shall have sole responsibility for determination of Operator's proportional share of costs. Operator
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
Operator for the haul routes designated in this Agreement. Asa 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 Operator of the required roadway repairs will be given as soon as the data become available.
HighPoint Operating Corporation - Consolidated 1041 WOGLA RMA Agreement - 1041 WOGLAI9-0019,
I041 WOGLAI9-0024, 1041 WOGLAI9-0041-- RMA20-0030
Page 3 of 8
8.0 Notification. The County shall notify Operator of County's preliminary determination and
assessment of Operator's proportionate share of costs of maintenance, repair, or improvements to
Operator's designated haul/travel routes. Prior to County's final determination and assessment, County
shall provide Operator with a reasonable opportunity to review, comment upon and supplement County's
data, collection methodology, and determinations. The County shall review and consider Operator's input
prior to making a final determination and assessment.
PART II: GENERAL PROVISIONS
A. Perini s: The Operator 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. Operator shall not use any access onto any County road unless and until an access
permit has been issued by the Department of Public Works. Public Works 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, Operator has violated any of the terms
of this Agreement, County shall notify Operator of its belief that the Agreement has been violated and shall
state with specificity the facts and circumstances which County believes constitute the violation. Operator
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 Operator to be in breach of this Agreement.
2.0 Remedies for Breach by Operator. In the event that County determines that Operator 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 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 nosuch civil action
or order shall be necessary to access collateral for the purpose of completing improvements as
described above.
2.2 Revocation of 1041 WOGLA Permit. Operator acknowledges that failure to comply with
the terms of this Agreement constitutes cause to revoke the 1041 WOGLA, and County may
exercise this option in its sole discretion by proceeding with revocation under the current provisions
of the Weld County Code.
HighPoint Operating Corporation - Consolidated 1041 WOGLA RMA Agreement — 1041 WOGLA 19-0019,
041 WOGLAI9-0024, 1041 WOGLAI9-0041- RMA20-0030
Page 4 of 8
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 rescission of
the underlying 1041 WOGI,A permit approval under Weld County Code Chapter 21. 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
Operator's complete cessation of all activities permitted by the 1041 WOGLA, 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 Operator of cessation of activities, and verified by the County,
cessation shall only be presumed if the County determines that the site has been inactive for three
(3) years.
3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Operator who has purchased the Property
or has assumed the operation of the business permitted by the 1041 WOGLA, and intends to make
use of the rights and privileges available to it through the then existing WOGLA.
3.4 Revocation of 1041 WOGLA. This Agreement shall terminate following County's
revocation of Operator's WOGLA, except that the Operator shall only be released from this
Agreement after the successful completion of any/all reclamation required under this Agreement.
C. General Provisions:
1.0 Successors and Assigns.
1.1 Except for the assignment of all or substantially all of Operator's assets, Operator 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 am assigned. Consent to a delegation or an assignment will not be unreasonably
withheld by County. In such case, Operator's release of its obligations shall be accomplished by
County's execution of a new Agreement with the successor Operator of the property.
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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 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.
HighPoint Operating Corporation — Consolidated 1041 WOGLA RMA Agreement — 1041 WOGLAI9-0019,
1041 WOGLAl9-0024, 1041 WOGLAl9-0041- RMA20-0030
Page S of B
03�
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 bean 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 Operator, 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.
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9.0 Release of Liability. Operator 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
flighl'oint Operating Corporation - Consolidated 104l WOGLA RMA Agreement — 104I WOGLAl9-0019.
1041 WOGLAI9-0024, 1041 WOGLAl9-0041- RMA20-0030
Page 6 of 8
binding on such party and enforceable in accordance with its terms. If requested by the County, Operator
shall provide the Count with proof of Operator's authority to enter into this Agreement within five (5)
days of receiving such request.
12.0 Acknowledgment. County and Operator 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.
a
HighPoint Operating Corporation - Consolidated 1041 WOGLA RMA Agreement — 1041 WOGLA 19-0019,
1041 WOGLA19-0024, 1041 WOGLA19-0041- RMA20-0030
Page 7 of 8
OPERA'COR: FghPoint Operating Corporation
Name: (aey Ak;9 4,41
Title:' P'.',S.rLps. Lan asap
STATE OF COLORADO
County of Weld
)
Date: 4/3/24,14.
The foregoing instrument was acknowledged before me this j day of .it4 I
202A by c o2V NE/G.t.3oR5
WITNESS my hand and official seal.
MICHAEL A. RUTHERFORD
NOTARY PUBUC
STATE OF COLORADO
NOTARY ID 200040HH68
W t,1 NIA MOINI ES WLY 1 20®0
Nota Public 411.
WELD COUNTY:
ATTEST: G/A BOARD OF COUNTY COMMISSIONERS
Weld C n Clerk to the Boa . WELD COUNTY, COLORADO
BY:
Deputy Cier
'ke Freeman, Chair
JUL 13 2020
HighPoinl Operating Corporation — Consolidated 1041 WOGLA RMA Agreement — 1041 WOGLAl9-0019,
1041WOG I041 WOGLAI9-0041- RMA20-0030
Page 8 of 8 O2O J.92414
Randall Creek Haul Route
4608618 Pages: 9 of 9
07/15/2020 10:31 AM R Fee:$0.00
Carly KOOPOS, Clerk and Reoorder, Weld County, CO
11111 PelciFilki:Jkli,trisillity,4littltlikrikPlgilliyi 11111
Contract Form
New Contract Request
Entity Information
Entity Name* Entity ID*
HIGHPOINT OPERATING @00042085
CORPORATION
Contract Name' Contract ID
RMA20-0030 1041 WOGLA19-0019, 19-0024 & 19-0041 3853
HIGHPOINT OPERATING CORPORATION
Contract Status
CTB REVIEW
Contract Lead
DRANDERSON
❑ New Entity?
Parent Contract ID
Requires Board Approval
YES
Contract Lead Email Department Project #
dranderson@co weld co.us
Contract Description'
RMA20-0030 1041 WOGLA19-0019. 19-0024 & 19-0041 HIGHPOINT OPERATING CORPORATION NO COLLATERAL REOUIRED
Contract Description 2
Contract Type" Department
AGREEMENT PUBLIC WORKS
Amount* Department Email
80 00 CM-
PublicWorks@weldgay.com
Renewable'
NO Department Head Email
CM-PublicWorks-
Automatic Renewal DeptHead@weldgovcorn
County Attorney
Grant BOB CHOATE
County Attorney Entail
lEA BCHOATE@CO.WELD.CO US
Requested BOCC Agenda
Date'
07/13/2020
Due Date
07/09/2020
Willa work session with BOCC be required?'
NO
Does Contract require Purchasing Dept. to be included?
NO
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
07/06/2021
Termination Notice Period Committed Delivery Date Expiration Date'
07/13/2021
Contact Information
Contact Info
Contact Name Contact Type Contact Email
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head Finance Approver
JAY MCDONALD CONSENT
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
07/08/2020
Legal Counsel
CONSENT
DH Approved Date Finance Approved Date Legal Counsel Approved Date
07/0812020 07/08/2020 07/08/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07/13/2020
Originator
DRANDERSON
Tyler Ref
AG 071320
Submit
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