HomeMy WebLinkAbout20240687.tiff/9" 7174.'
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
SSJ Farms LLC — USR23-0004
DEPARTMENT: Planring Services DATE: February 13, 2024
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, SSJ Farms LLC, requesting that the Board of
County Commissioners consider approving the Road Maintenance Agreement for (USR23-0004). No collateral is required
with this agreement.
Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed
original document and observed the following:
• All Public Works related items, of the "Road Maintenance Agreement According To Policy', are found to be
acceptable.
• This Agreement complies with the terms of the 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 their way 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 i' Ongoing or Subsequent Fiscal Years):
• New development will pay their proportional share of repairs and upgrades completed by the County.
Recommendation:
Option 1. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending
approval of the Road Maintenance Agreement According To Policy for USR23-0004, and that this item be placed on the
next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Sunoort Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
PL (Da/a-rM/KR/M.I/Ko)
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2024-0687
ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
SSJ Farms LLC — USR23-0004
THIS AGREEMENT is made this day of c..to , 2021, by and between SSJ Farms
LLC, whose address is 13676 County Roa , Longmont, Colorado 80504, 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 3, Lake Meadows Subdivision; being part of Section
29, Township 3 North, Range 68 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
USR230004, and
WHEREAS, Property Owner acknowledges that the final approval of USR23-0004 is conditional
upon Property Owner's understanding of road maintenance described in this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant, and agree as follows:
PART I: SITE SPECIFIC PROVISIONS
A. Haul/Travel 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. Haul/Travel Routes. The following roads are designated as haul/travel routes for the Property:
1) North and south along CR 3 between approved site access and State Highway 66.
2. Traffic shall enter and exit the site at the approved access(es) on CR 3 and travel north -south to
the nearest paved road for further dispersal. Any County roads used by traffic associated with
USR23-0004 may become part of the established haul/travel routes.
3. 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. 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 paved county roads whenever possible. A deviation from the established haul/travel route
lasting more than six (6) months or requests for one (1) or more deviations within a 12 -month
period shall authorize the County to change the haul/travel routes designated herein and provide
notice to the Property Owner.
SSJ Farms LLC — USR23-0004 - RMA23-0017
Page 1 of 7
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5. 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. No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this
Agreement, no use of any roads other than those specifically authorized for use in this Agreement
is permitted without the prior written amendment of this Agreement.
B. Maintenance Requirements:
1.0 Off -site recurring maintenance, if applicable, as required:
2.0 Dust Control. Property Owner shall be financially responsible for 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 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).
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 road
maintenance repairs and/or improvements, Property Owner shall submit OffSite Construction Plans and
Cost Estimates to County for review. Property Owner shall have sole 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.
SSJ Farms LLC — USR23-0004 — RMA23-0017
Page 2 of 7
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 fmal 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 H: 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. 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. 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. 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. 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
SSJ Farms LLC — USR23-0004 — RMA23-0017
Page 3 of 7
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. 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.
23 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. 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.
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.
SSJ Farms LLC — USR23-0004 — RMA23-0017
Page 4 of 7
C. General Provisions:
1. 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. 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. 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. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the
terms and conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or
allow any claim or right of action whatsoever by any other person not included in this Agreement.
It is the express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental beneficiary only.
5. 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. 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. 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. 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
SSJ Farms LLC — USR23-0004 — RMA23-0017
Page 5 of 7
9. Release of Liability. Property Owner shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions, or claims of every
nature and description caused by, arising from, or on account of the design and construction of
improvements, and pay any and all judgments rendered against the County on account of any
such suit, action or claim, and notwithstanding Section 7.0 above, together with all reasonable
expenses and attorney fees incurred by County in defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of the County or its officers,
agents, employees, or otherwise except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the County or its employees while acting within the
scope of their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and health.
10. 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. 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. 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. 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.
4950980 Pages: 6 of 7
03/25/2024 12:25 PM R Fee:$0.00
Carly Kopp's, Clerk and Recorder, Weld County , CO
1111 IUPAt 11111
SSJ Farms LLC — USR23-0004 — RMA23-0017
Page 6 of 7
PROPERTY OWNER: SSJ Farms LLC
By: p, Date 'Z 1 I I Z.'\
Name: �. �ttLl�n KG -p
Title: o to np
STATE OF COLORADO
SS.
County of -We'ttt' GO .Idtr'
The foregoing instrument was acknowledged before me this day of
202 q, by uta ta. Ar 1,,,3 tier
WITNESS my hand and official seal.
Notary
irderilhalk
FAVIOLA ALMAGUER
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20164036589
MY COMMISSION EXPIRES JUN 14, 2026
WELD COUNTY:
ATTEST: f.. �'&k. BOARD OF COUNTY COMMISSIONERS
Weld Co tv Clerk to the Boar
BY:
Deputy Cler
th
WELD C
vin D. Ross, Chair
MAR 2 0 2024
4930980 Pages: 7 of 7
03/25/2024 12:25 PM R Fee:$0.00
Carly Kopp., Clerk and Recorder, Weld County , CO
kird'Ur Ult1atak III II
SSJ Farms LLC — USR23-0004 — RMA23-0017
Page 7 of 7
Contrct F
Entity Information
Entity Name*
SSJ FARMS LLC
Entity ID*
@00048099
Contract Name* Contract ID
ROAD MAINTENANCE AGREEMENT SSJ FARMS LLC 7876
USR23-0004
Contract Status
CTB REVIEW
❑ New Entity?
Contract Lead *
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weldgo
v.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
ROAD MAINTENANCE AGREEMENT SSJ FARMS LLC USR23-0004 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
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* 03/02/2024
03/06/2024
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
Review Date *
03/06/2025
Committed Delivery Date
Renewal Date
Expiration Date*
03/06/2026
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
DAWN ANDERSON CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
03/13/2024 03/13/2024 03/13/2024
Final Approval
BOCC Approved Tyler Ref #
AG 032024
BOCC Signed Date Originator
JTRUJILLOMARTINEZ
BOCC Agenda Date
03/20/2024
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