HomeMy WebLinkAbout20243271.tiffConAcc,o at D 44- Bbe-0
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
Dayton Street, LLC c/o Richard Bauer, Midwest Auto Body — USR 17-0071
DEPARTMENT: Planning Services DATE: October 29, 2024
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, Dayton Street, LLC c/o Richard Bauer, Midwest
Auto Body, requesting that the Board of County Commissioners consider approving the Road Maintenance Agreement for
(USR17-0071). 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 tree roadways.
Impacts:
• New development with high traffic vo umes impacts the County Road systems and causes wear and tear
more quickly than normal traffic volumes
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• New development will pay their proportional share of repairs and upgrades completed by the County.
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 USR17-0071, and that this item be placed on the
next regularly scheduled BOCC Hearing, as part of the Consent Agenda
Support Recommendation Schedule
Place on BOCC Agenda Work Session
Perry L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Same
Coin kczr\c>\c.
p L (DA /STN /KR/NN )
c 0i,3s
6.0(742 6PL)
Other/Comments:
2024-3271
ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Dayton Street, LLC, c/o Richard Bauer, Midwest Auto Body — USR17-0071
THIS AGREEMENT is made this 2Z day of 00701, c f 202 by and between Dayton
Street, LLC, 6297 S. Urban Street, Littleton, CO 80127, c/o Richard Bauer, Midwest Auto Body, 1884
Grace Avenue, Wattenburg, CO 80621, a corporation organized under the laws of the State of Colorado,
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 8, Block 7 Wattenburg and part of the NE1/4; all in
Section 25, Township 1 North, Range 67 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
USR17-0071, and
WHEREAS, Property Owner acknowledges that the final approval of USR17-0071 is conditional
upon Property Owner's funding 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.
1.0 Haul/ Travel Routes. The following roads are designated as haul/travel routes for the Property:
1) North and south on Grace Avenue between approved site access and CR 6.
2) East and west on CR 6 between Grace Avenue and Highway 85.
2.0 Haul trucks/traffic shall enter and exit the site at the approved access on Grace Avenue and remain
on paved roadways for further dispersal. Any County roads used by traffic associated with USR17-0071
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), Weld County Public Works
Dayton Street, LLC, c/o Richard Bauer, Midwest Auto Body - USR17-0071 — RMA21-0015
Page 1 of 7
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 hauUtravel routes designated herein, and provide notice to the Property Owner.
5.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual
of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen
by drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes. Except as authorized by the 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 by the Board:
2.0 Repair. Property Owner shall be financially responsible for its proportional share of excavation,
patching, and pavement repair on designated haul/travel routes. The amount and extent of repair and paving
measures will be determined by site -specific conditions at the time, as 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.
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
Dayton Street, LLC, c/o Richard Bauer, Midwest Auto Body - USR17-0071 — RMA21-0015
Page 2 of 7
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
become 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. 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 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
WI and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
o
B. Enforcement and Remedies:
1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the
terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which County believes constitute the
F. violation. Property Owner shall have fifteen (15) days within which to either cure the violation or
m3
ri:-i 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.
LLo� Zg 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
A -t or all of the following remedies, or any other remedy available in law or equity.
dmm� icoNv
� N
N m
Q
m Dayton Street, LLC, c/o Richard Bauer, Midwest Auto Body - USR17-0071 — RMA21-0015
�N �—
��,�- Page 3 of
2.1 Withholding Permits. County may "lock" any or all lots within the Property, which
precludes the continued issuance of building permits, zoning permits, septic permits, or any other
permit issued by any department of the County.
2.2 Court Action. County may seek relief in law or equity by filing an action in the Weld
District Court or Federal District Court for the District of Colorado, except that no such civil action
or order shall be necessary to access collateral for the purpose of completing improvements as
described above.
2.3 Revocation of USR Permit. Property Owner acknowledges that failure to comply with the
terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option
in its sole discretion by proceeding with revocation under the then current provisions of the Weld
County Code.
3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following
events:
3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of
the underlying land use approval under Weld County Code Section 23-2-290. However, County
may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health, safety, and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
Property Owner's complete cessation of all activities permitted by the USR including any clean up
or restoration required. A partial cessation of activities shall not constitute a Termination of this
Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination.
Unless informed in writing by the Property Owner of cessation of activities, and verified by the
County, cessation shall only be presumed if the County determines that the USR has been inactive
for three (3) years. Property Owner shall not be entitled to a release of Project or Warranty
Collateral unless and until the improvements required by this Agreement are completed.
3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new property owner or operator who has
purchased the Property or has assumed the operation of the business permitted by the USR, and
intends to make use of the rights and privileges available to it through the then existing USR.
3.4 Revocation of USR. This Agreement shall terminate following County's revocation of
Property Owner's USR, except that the Property Owner shall only be released from this Agreement
after the successful completion of all improvements required under this Agreement, which may be
completed by County after accessing Property Owner's collateral if Property Owner fails to
complete such improvements.
C.
General Provisions:
1.0 Successors and Assigns.
1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part,
without the prior express written consent of County and the written agreement of the party to whom
the obligations under this Agreement are assigned. Consent to a delegation or an assignment will
not be unreasonably withheld by County. In such case, Property Owner's release of its obligations
Dayton Street, LLC, c/o Richard Bauer, Midwest Auto Body - USR17-0071 — RMA21-0015
Page 4 of 7
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 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.
5.0 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 patties.
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District
Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
dispute.
8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf
9.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature
and description caused by, arising from, or on account of the design and construction of improvements, 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,
Dayton Street, LLC, c/o Richard Bauer, Midwest Auto Body - USR17-0071 — RMA21-0015
Page 5 of 7
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.
Dayton Street, LLC, c/o Richard Bauer, Midwest Auto Body - USRI7-0071 — RMA21-0015
Page 6 of 7
PROPERTY OWNER: Dayton Street, LLC
By: —�.....— Date: 1, 122 i '2,,c. 2
Name: 1vlo1 qvv. Yin'n S il'] (-5 sJ
Title: C`i e.v, e c J, k" x v, e-,'
STATE OF COLORADO
SS.
County of Weld
VANESSA RANEE QUINTERO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174033264
MY COMMISSION EXPIRES AUGUST 8, 2025
The foregoing instrument was acknowledged before me this 22 —day of 0G4 ,
202, by ' ' ICJ r cxkQThqdscro
WITNESS my hand and official seal. n n
Notary Public
Propert ner: Richard
Bauer, Midwest Auto Body
By: dfl
Name: R1 crs . cc\ f50,k7 i
Title: T`WaX1i-
STATE OF COLORADO
ss.
County of Wei— ft-t)es-MS
Date: 1 D I AL 2b
JTATY RAMIREZ-MUNOZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20234008466
MY COMMISSION EXPIRES MARCH 03, 2027
The foregoing instrument was acknowledged before me this:)4 day of (0p0ty,
202, by CW2u(d acx XI
WITNESS my hand and official seal.
o
O
WELD COUNTY:
iaT6)ATTEST:,
"' Weld Co my Cle k to the and
4. vv
ovL�
BY:
:E.5= Deputy Clerk to the Board
NU
N m
aC
IA�r�
BOARD OF COUNTY COMMISSIONERS
LD COUNT
D. Ross, Chair DEC 1 1 21
Dayton Street, LLC, c/o RicAuto Body - USR17-0071 — RMA21-0015
age 7 of 7
X024-3Z�
Contract F
Entity Information
Entity Name *
MIDWEST AUTO BODY
Entity ID*
@00049299
Contract Name *
ROAD MAINTENANCE AGREEMENT DAYTON STREET,
LLC C/O RICHARD BAUER, MIDWEST AUTO BODY
USR17-0071
Contract Status
CTB REVIEW
(] New Entity?
Contract ID
8897
Contract Lead *
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weld.go
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
ROAD MAINTENANCE AGREEMENT DAYTON STREET, LLC C/O RICHARD BAUER, MIDWEST AUTO BODY USR1 7-
0071 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type *
AGREEMENT
Amount*
$0.00
Renewable *
NO
Automatic Renewal
Grant
IGA
Department
PLANNING
Department Email
CM-Planning@weld.gov
Department Head Email
CM-Planning-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
EY@WEL
D.GOV
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* 11/30/2024
12/04/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date *
12/04/2025
Committed Delivery Date
Renewal Date
Expiration Date*
12/04/2026
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
ELIZABETH RELFORD
DH Approved Date
11/22/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
11/22/2024 11/22/2024
Tyler Ref #
12/11/24
Originator
JTRUJILLOMARTINEZ
Hello