HomeMy WebLinkAbout20241471.tiffRESOLUTION
RE: APPROVE TERMINATION OF ROAD MAINTENANCE AGREEMENT FOR USE BY
SPECIAL REVIEW PERMIT, USR19-0015 - H2S2, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on July 10, 2019, the Board of County Commissioners approved the
application of H2S2, LLC, 2022 Jasmine Street, Denver, Colorado 80207, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0015, for Processing and a Use
Similar to Uses by Special Review in the A (Agricultural) Zone District as long as the Use (hemp
processing, storage and distribution of extracted raw oil) complies with the general intent of the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption, RECX17-0186; being
part of the S1/2 NE1/4 of Section 32, Township 7
North, Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Shannon Toomey,
AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 80634, and
WHEREAS, on December 23, 2019, the Board of County Commissioners of Weld County,
Colorado, approved a Road Maintenance Agreement According to Policy Regarding Collateral
for Improvements between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and H2S2, LLC, with terms and conditions being as
stated in said agreement, and
WHEREAS, on May 13, 2024, the Board approved the request from the current property
owner, ECO Properties, LLC, 1298 Main Street, Unit A, Windsor, Colorado 80550, to vacate said
Use by Special Review Permit, USR19-0015, which satisfied a Condition of Approval of a newly
approved Use by Special Review Permit, USR23-0043, on said property, and
WHEREAS, upon recommendation of staff, the Board deems it advisable to terminate the
Road Maintenance Agreement for Use by Special Review Permit, USR19-0015, approved on
December 23, 2019, recorded at Reception #4556160, for H2S2, LLC.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Road Maintenance Agreement for Use by Special Review Permit,
USR19-0015, be, and hereby is, terminated.
4966330 Pages: 1 of 2
06/17/2024 01:06 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO CG. �/2�/2_/ /µms)
Li Bill ,� J
2024-1471
PL2682
TERMINATE ROAD MAINTENANCE AGREEMENT (USR19-0015) - H2S2, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of June, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT , " • • -1a o
ATTEST:
) /Los a
Weld County Clerk to the Board
e( K • tat I.oTa
Deputy Clerk to the Board
APP' o' ED AS T
Count A► :money
Le IDate of signature:
4966330 Pages: 2 of 2
06/17/2024 01:06 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
AIM id Ell
Kevj�Ross, Chair
Perry L..B k, Pro-Tem
Mike Freeman
James
Lori Saine
2024-1471
PL2682
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Termination of Road Maintenance Agreement for:
H2S2, LLC - USR19-0015
DEPARTMENT: Planning Services DATE: May 14, 2024
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from ECO Properties, LLC, requesting that the Board of County
Commissioners consider approving the termination of the Road Maintenance Agreement for (USR19-0015) as a result of
the vacation of USR19-0015 that was approved on May 13, 2024. The Road Maintenance Agreement was approved on
December 23, 2019, and recorded as Reception 4556160 and Tyler 2019-5156.
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 Polic/, are found to be
acceptable.
What options exist for the Board? (include consequences, Impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the
Regular Agenda.
Consequences: .
• Not terminating the agreement will make it appear as if the applicant is still bound to the terms of the
agreement even though the land use case has expired and no longer is valid for its permitted use.
Impacts:
• The files maintained by Clerk to the Board will not accurately reflect the reality of the situation.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• There is no direct cost impact for the County if this agreement is terminated.
Recommendation:
Option 2. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending
approval of the termination of the Road Maintenance Agreement According To Policy for USR 19-0015, and that this item
be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda.
Support Recommendation Schedule
Place on B0CC Agenda Work Session Other/Comments:
Perry L Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Seine
(z0.
2024-1471
P�24.p82
RESOLUTION
RE: APPROVE VACATION, VAC24-0012, OF USE BY SPECIAL REVIEW PERMIT,
USR19-0015 - ECO PROPERTIES, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated July 10, 2019, the Board approved Use by Special
Review Permit, USR19-0015, for processing and a Use similar to Uses by Special Review in the
A (Agricultural) Zone District, as long as the Use (Hemp Processing, Storage, and Distribution of
Raw Oil) complies with the general intent of the A (Agricultural) Zone District, for H2S2, LLC, on
the following described real estate, to -wit:
Lot A of Recorded Exemption, RECX17-0186; being
part of the S1/2 NE1/4 of Section 32, Township 7
North, Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has received a request from the current property owner,
ECO Properties, LLC, 1298 Main Street, Unit A, Windsor, Colorado 80550, to vacate said Use by
Special Review Permit, USR19-0015, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Use by Special Review Permit, USR19-0015, be, and hereby is, vacated.
2024-1177
PL2682
VACATION, VAC24-0012, OF USE BY SPECIAL REVIEW PERMIT, USR19-0015 - ECO
PROPERTIES, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of May, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
d.ettA) 4,-L:,1
Weld County Clerk to the Board
BY: I U I .afi VL
Deputy Clerk to the Board
OVE TO FORM:
County ttorney
Date of signature: 6I, (412
WELD COU ;-COLE
�� p
Kevin ! ' oss, Chair
Perry L. Buc , ' ro-Tem
reeman
tt K. James
Saine
2024-1177
PL2682
arbax*831a
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
H2S2, LLC — USR19-0015
DEPARTMENT: Public Works DATE: November 18, 2019
PERSON REQUESTING: Tisa Juanicorena
Brief description of the issue:
The Department of Public Works received a request from the applicant, H2S2, LLC, requesting that the Board of
County Commissioners consider approving the Road Maintenance Agreement for (USR19-0015). No collateral
is required with this agreement.
Weld County Public Works, Planning Services 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?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for USR 19-0015, and that this
item be placed on the next regularly scheduled BOCC Rearing, as part of the Consent Agenda.
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
loz-023-19
Amen
Recommended
Schedule as Regular
8OCC Haring Item Other/Comments:
c.� Pta.)l Ta l £p/ Tc ),
PLC KR/Mho)
01/tO/0l0
e a, Ulm
You/
2019-5156
ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
H2S2, LLC - USR19-0015
THIS AGREEMENT is made this [ $b day of t4,,Nitrnbu , 2011, by and between H2S2, LLC,
a corporation organized under the laws of the State of Colorado, whose address is 2022 Jasmine St., Denver,
Colorado 80207, 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 m "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the following described property in the County of
Weld, Colorado:
Lot A of Recorded Exemption, RECX17-0186; being part
of the S-1/2 NE1/4 of Section 32, Township 7 North,
Range 64 West of the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received Board of County Commissioner approval of
USR19-0015, and
WHEREAS, Property Owner acknowledges that the final approval of USR19-0015 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 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 Routes. The following roads are designated as haul/travel routes for the Property:
1) North and south along CR 53.
2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 53 and travel north -south
to the nearest paved road for further dispersal. Any County roads used by traffic associated with
USR19-0015 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
may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county
H2S2, LLC - USRl9-0015 - RMA19-0020
Page 1 of 7
ozoi 9-5/17,
roads whenever possible. A deviation from the established hauUtravel 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.
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 Reauirements:
1.0 Off -site recurring maintenance, if applicable, as required by the Board and specific to that portion
of roadway 950 feet north of CR 74 to approximately 3,230 feet north of CR 74:
2.0 Limited Dust Control. Property Owner shall be financially responsible for its proportional share of
limited 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 hauUtravel routes is expected to occur
approximately two 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. Per the Board of County Commissioners for this
specific Use, Dust abatement is limited to seasons outside hemp harvest season, as trucks involved with
harvest are considered agricultural traffic and thereby a Use by Right.
3.0 Raak 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
8 ▪ Owner may commence repair of such Significant Damage and shall concurrently notify County of the
4.
�4. 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
�.G determined through site analysis and/or pavement testing that a particular haul/travel route road portion will
=3 a 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
"O:1571 1 Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site
a Improvements/Repairs shall be undertaken.
$� 5.1 In County's sole discretion, County may undertake the repairs and/or improvements.
f bav Property Owner's payment for its Proportionate Share of the road repairs/improvements will be
NV
• H2S2, LLC - USR19-0015 - RMA19-0020
Page 2 of 7
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. Asa result of
the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what road repair/improvement/maintenance work is to be performed during that construction
season. Notification to the 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 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. Access and Right -of -Way Permits:
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 V of Chapter 12 of the Weld County Code.
2.0 Right -of -Way (ROW) Permits. Per Article IV of Chapter 12 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.
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
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.
H2S2, LLC - USR19-0015 - RMA19-0020
Page 3 of 7
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 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.
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.
3.5 Completion, of Construction: This Agreement shall terminate following Property Owner's
completion of construction of the facilities authorized by the underlying USR. Property Owner
shall notify the County of completion.
D. General Provisions:
H2S2, LLC - USR19-0015 - RMA19-0020
Page 4 of 7
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 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 parties.
• 6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
• designee.
U
7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
5 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
r-$` Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
oI dispute.
m°Gr 8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner,
le concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney
din fees and/or legal costs incurred by or on its own behalf.
®Ui(�
H2S2, IC - USRI9-0015 - RMA19-0020
Page 5 of 7
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 terns. 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.
4555100 Pages: d of 7
•1/07/R•2. 02:•• PR R Fee:$0.••
Carly Kw., Clark and Recorder, Wald County, CO
pill I � �lil 'E�i �1�; h�� 4M ���F�y Nf i4lip1l'Iy l ii i
H2S2, LLC - USR19-0015 - RMA19-0020
Page 6 of 7
PROPERT WNER: LLC
By: --->
Name:tsnt 1�. 9rri�3?•
r-
Title: 0
STATE OF COLORADO
County of Weld
Date:
SS.
l08/2d/g
KARILYN BAUGHMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174032330
MY COMMISSION EXPIRES AUGUST 1, 2021
QQ� _ t
The foregoing instrument was acknowledged before me this • 0 day of t�v,e0»'-•-
20161, by 4}e rt ry R. S+-rr Z WITNESS my hand and official seal.
WELD COUNTY: C,(
ATTEST: deit44,1
`•
Weld C • Clerk the
BY:
Deputy C
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, CLORADO
455 6199 Paw: 7 of 7
•t/07/Z!2* OZ:00 PIN R Fos:�0.00
Carly Kanwi, Clark end Rsoordar, ii�ld County, Co
i�I I �I�Q1 '�1�1uil4 i� l �f�i+��'r lihd�I +Yk 11111
arbara Kirkmey , Chair
0212, LLC - USR19-0015 - RMAI9-0020
Page 7 of 7
DEC a 9 tots
02 /9-5/,5'7
Contract Form
New Contract Request
Entity Information
Entity Name'
H2S2 LLC
Entity ID.
@00041695
Contract Name' Contract ID
ROAD MAINTENANCE AGREEMENT USR19-0015 H2S2 LLC 3312
Contract Status
CTB REVIEW
Contract Lead.
TJUANICORENA
❑ New Entity?
Parent Contract ID
Requires Board Approval
YES
Contract Lead Email Department Project
tjuanicorena a@,co weld co us
Contract Description*
ROAD MAINTENANCE AGREEMENT USR19-0015 H2S2 LLC NO COLLATERAL REQUIRED
Contract Description 2
Contract Type'"
AGREEMENT
Amount'
60.00
Renewable'
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Entail
CM-
PublicWorks@weldgov corn
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELD
GOV COM
Requested BOCC Agenda
Date.
1523/2019
Due Date
12:1912019
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
rf this is a renewal enter previous Contract ID
If this is part of a NSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
Ontase
Contract Dates
Effective Date Review Date' Renewal Date
1530/2020
Termination Notice Period Committed Delivery Date
Expiration Date'
12.''2912021
Contact Information
Contact Info
Contact Name Contact Type Contact Email
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head Finance Approver
JAY MCDONALD CONSENT
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
12/13/2019
Legal Counsel
CONSENT
OH Approved Date Finance Approved Date Legal Counsel Approved Date
12/13/2019 12/13/2019 12'1312019
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Originator
TJUANICORENA
Tyler Ref #
CONSENT
Submit
Hello