HomeMy WebLinkAbout20241714.tiffCO V \en C) CA enn 83Cy
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for:
Fortune Rentals, LLC — 1AMSPR24-87-97
DEPARTMENT: Planning Services DATE: June 4, 2024
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department a; Planning Services received a request from the applicant, Fortune Rentals, LLC requesting that he
Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for
(1AMSPR24-87-97) 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 Improvement?, are found to be acceptable.
• This Agreement complies with the terms of the Amended Site Plan Permit Conditional Approval, as signed by
the Director of Planning Services.
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 tie 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 WTI pay their proportional share of repairs and upgrades completed oy 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 1AMSPR24-87-97, and that this item be placed on the next regularly scheduled BOCC Hearing as part of the Consent
Agenaa
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 Sane
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2024-1714
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,
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Yes - I support - thanks(
** Sent from my 'Phone **
Scott James
Wednesday, June 5, 2O24 12:50 PM
Karla Ford
Lori Saine
Re: Please Reply - BOCC PA REVIEW - 1AMSPR24-87-97 -- Fortune Rentals
Scott K. James
Weld County Commissioner, District 2
1150 O Street, P.O. Box 758, Greeley, Colorado 8O632
97O.336.72O4 (Office)
97O.381.7496 (Cell)
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On Jun 5, 2024, at 12:36 PM, Karla Ford <kford@weld.gov>wrote:
Please advise if you support recommendation and to have department place on the agenda.
Karla Ford
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kfordAweldgay.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
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which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received
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1
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Fortune Rentals, LLC — IAMSPR24-87-97
THIS AGREEMENT is made this 1= day of 111 6.1/4,1 , 202, by and between Fortune
Rentals, LLC, LLC, a limited liability company organized under t/e laws of the State of Colorado, whose
address is 17945 County Road 76, Eaton, Colorado 80615, 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:
Part of the SE1/4 of Section 25, Township 7 North,
Range 66 West of the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received the Director of Planning Services conditional approval
of IAMSPR24-87-97, and
WHEREAS, Property Owner acknowledges that the final approval of IAMSPR24-87-97 is
conditional upon Property Owner's understanding of the off -site improvements and road maintenance
described in this Agreement and depicted in the following incorporated exhibits:
Exhibit A — Future Off -Site Improvements Costs of Construction, to be attached if/when triggered
pursuant to Part I, B., below
Exhibit B-1 — Future Off -Site Improvements Construction Schedule, to be attached if/when triggered
pursuant to Part I, B., below
Exhibit C — Future Off -Site Improvements 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. 23-2-170, the failure to commence construction within three (3) years of the approval of
lAMSPR24-87-97 may result in the termination or suspension of lAMSPR24-87-97, 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 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:
Fortune Rentals, LLC— 1AMSPR24-87-97 - IA24-0004
Pagel of 12
.2 O62 ,/,/ 7/5
PART I: SITE SPECIFIC PROVISIONS
A. Off -Site Improvements: The Property Owner shall be responsible for the construction of certain
off -site safety improvements as identified in the SPR approval, 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 Site Plan 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 76
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
76 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 76
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 76
whenever such a lane would be a benefit to the safety and operation of the
roadway. The County, in its sole discretion, shall determine if a left acceleration
lane is required.
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 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
Fortune Rentals, LLC — IAMSPR24-87-97 — IA24-0004
Page 2 of 12
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 haul/travel routes for the Property:
1) East and west on CR 76 between Highway 85 and CR 35
2.0 Traffic shall enter and exit the site at the approved access(es) on CR 76 and remain on paved
roadways for further dispersal. Any County roads used by 1AMSPR24-87-97 traffic 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 one (1) or more deviations within a twelve (12) -month
period shall authorize the County to change the haul/travel routes designated herein, and provide notice to
the Property Owner.
Fortune Rentals, LLC — lAMSPR24-87-97 — IA24-0004
Page 3 of 12
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:
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 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. 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
Off -Site 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.
4.1 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.
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
Fortune Rentals, LLC— 1AMSPR24-87-97 — L&24-0004
Page 4 of 12
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.
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
Fortune Rentals, LLC — IAMSPR24-87-97 — IA24-0004
Page 5 of 12
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 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 125% 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 8-2-40 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 8-2-30 of the Weld
County Code. For collateral release, County personal conducts inspections for on -site and off -site
improvements.
Fortune Rentals, LLC — IAMSPR24-87-97 - IA24-0004
Page 6 of 12
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.
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 ofd site improvements, Property
Owner shall contact the 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:
2.1 Upon completion of construction of all off -site improvements as described in the
Construction Plans, Property Owner shall submit to the Weld County Department of Planning
Services a Statement of Substantial Compliance by Property Owner's Engineer along with
"as -built" drawings as required in subsection B.3.2.3, above, and shall request County inspection
of the Off -Site Improvements. County personnel shall then inspect the improvements. If the
County determines the improvements were not constructed in accordance with the Construction
Plans, the County shall direct the Property Owner to correct the deficiencies. If the County
Fortune Rentals, LLC — lAMSPR24-87-97 — IA24-0004
Page 7 of 12
determines the improvements were constructed in accordance with the Construction Plans, the
County shall initially approve the Off -Site Improvements.
2.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period.
Upon completion of the two-year warranty period, County Public personnel shall, upon request
by the Property Owner, inspect the subject improvements, and notify the Property Owner of any
deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies.
County personnel shall re -inspect the improvements after notification from the Property Owner
that 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 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.
Fortune Rentals, LLC — IAMSPR24-87-97 —1A24-0004
Page 8 of 12
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.
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 Termination of SPR Permit. Property Owner acknowledges that failure to comply with
the terms of this Agreement constitutes cause to terminate the SPR, and County may exercise this
option in its sole discretion by proceeding with termination 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 termination
of the underlying land use approval under Weld County Code Section 23-2-170. 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 SPR 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 SPR
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
SPR, and intends to make use of the rights and privileges available to it through the then existing
SPR.
3.4 Termination of SPR. This Agreement shall terminate following County's termination of
Property Owner's SPR, except that the Property Owner shall only be released from this
Agreement after the successful completion of all improvements required under this Agreement,
Fortune Rentals, LLC — 1 AMSPR24-87-97 - IA24-0004
Page 9 of 12
which may be completed by County after accessing Property Owner's collateral if Property
Owner fails to complete such improvements.
F. General Provisions:
1.0 Successors and Assigns.
1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part,
without the prior express written consent of County and the written agreement of the party to
whom the obligations under this Agreement are assigned. Consent to a delegation or an
assignment will not be unreasonably withheld by County. In such case, Property Owner's release
of its obligations shall be accomplished by County's execution of a new Improvements
Agreement with the successor owner of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of execution within the original
intent of the parties.
3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions,
of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
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.
Fortune Rentals, LLC — lAMSPR24-87-97 — IA24-0004
Page 10 of 12
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,
and pay any and all judgments rendered against the County on account of any such suit, action or claim,
and notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred
by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or
arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the
liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its
employees while acting within the scope of their employment. All contractors and other employees
engaged in construction of the improvements shall maintain adequate worker's compensation insurance
and public liability insurance coverage and shall operate in strict accordance with the laws and regulations
of the State of Colorado governing occupational safety and health.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void.
11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such
party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal
agreement binding on such party and enforceable in accordance with its terms. If requested by the County,
Property Owner shall provide the County with proof of Property Owner's authority to enter into this
Agreement within 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.
Fortune Rentals, LLC — I AMSPR24-07-97 — IA24-0004
Page 11 of 12
PROPSTY OWNER: Fortune Re f ls, LLC
By:
N•'e: ACtSt-, WF
Title: Kcp,\,2,c±N.Q,
STATE OF COLORADO
County of Weld
Date 5 I V3_,A
SS.
LYNN D MORGAN
NOTARY PUBLIC
STATE CF COLORADO
NOTARY ID 19904006407
MY COMMISSION EXPIRES JUNE 26, 2028
1
The foregoing instrument was acknowledged before me this 27 day of
202Y, by j Q..567,1 Dl_
WITNESS my hand and official seal.
Notary ' b c
WELD COUNTY:
ATTEST:
Weld C
BY:
Clerk to the Boar
Deputy Cle
BOARD OF COUNTY COMMISSIONERS
WELD CO O
Kevin D. Ross, Chair
JUN 242024
Fortune Rentals, LLC — lAMSPR24-87-97 — IA24-0004
Page 12 of 12
02-0,14/7/
ontrwct For
Entity Information
Entity Name *
FORTUNE RENTALS LLC
Entity ID*
@00048727
New Entity?
Contract Name" Contract ID
IMPROVEMENTS AND ROAD MAINTENANCE 8364
AGREEMENT 1 AMSPR24-87-97 FORTUNE RENTALS
LLC
Contract Status
CTB REVIEW
Contract Description *
IMPROVEMENTS AND ROAD
COLLATERAL REQUIRED
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Contract Lead
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weldgo
v.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
MAINTENANCE AGREEMENT 1 AMSPR24-87-97 FORTUNE RENTALS LLC NO
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" 06/13/2024
06/17/2024
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
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