HomeMy WebLinkAbout20252007.tiffCo�� cac s� 9-1(3
MEMORANDUM
TO: Clerk to the Board
DATE: April 29, 2025
FROM: Jazmyn Trujillo -Martinez, Planning Services Dept.
SUBJECT: BOCC Agenda Item — Approve Improvements and
Road Maintenance Agreement For:
Sandra Strobel — USR23-0025
Request to Approve Improvements and Road Maintenance Agreement:
The Department of Planning Services received a request from the applicant, Sandra Strobel,
requesting that the Board of County Commissioners consider approving the Improvements and Road
Maintenance Agreement for (USR23-0025). 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 Improvements", 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.
Recommendation:
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 USR23-0025, and that this item be placed on the next
regularly scheduled BOCC Hearing, as part of the Consent Agenda.
cc: Dawn Anderson, Planning Services
Coy, A ds
cc •. Pt.O"/s-rmixft/c6) 2025-2007
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IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Sandra Strobel — USR23-0025
THIS AGREEMENT is made this `pt''' day of i�pp✓►�a / , 20217 by and between Roland and
Sandra Strobel Living Trust, whose address is 2225 64th Avbnue, Greeley, Colorado 80634, 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."
ty.
WITNESSETH:
WHEREAS, Property Owner is the owner of the following described property in the County of
Weld, Colorado:
Lot B of Amended Recorded Exemption, RE -936; being
part of the SE1/4 /4 of Section 16, and part of the NE1/4 /4 of
Section 21, all in 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
USR230025, and
WHEREAS, Property Owner acknowledges that the final approval of USR23-0025 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-1 - Future Off -Site Improvements, Event Quantity Costs of Construction, to be attached if/
when triggered pursuant to Part I, B, below
Exhibit B-1 — Future Off -Site Improvements, Event Quantity Construction Schedule, to be attached if/
when triggered pursuant to Part I, B., below
Exhibit A-2 - Future Of Site Improvements, Long -Term Traffic Triggers Costs of Construction, to be
attached if/when triggered pursuant to Part I, B, below
Exhibit B-2 - Future Off -Site Improvements, Long -Term Traffic Triggers Construction Schedule, to be
attached if/when triggered pursuant to Part I, B., below
Exhibit C-1 — Future Off -Site Improvements, Event Quantity Construction Plans, to be attached if/when
triggered pursuant to Part I, A., below
Exhibit C-2 — Future Off -Site Improvements, Long -Term Traffic Triggers Construction Plans, to be
attached if/when triggered pursuant to Part 1, A., below
Exhibit D — Plat Map, and
WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code
Sec. 23-2-290, the failure to commence construction of the improvements outlined herein within three (3)
years of the approval of USR23-0025 may result in the revocation or suspension of USR23-0025, 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 Off -Site Improvements are triggered as
specified in this Agreement.
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Carly Koppes, Clerk and Recorder, Weld County , CO
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. Immediate Off -Site Improvements (as required by the BOCC): The Property Owner shall be
responsible for the construction of certain off -site safety improvements as identified in the USR
hearing Resolution, 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-1 and Exhibit C-2, 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.
Immediate Off -Site Dust Co 'trol. The Property Owner shall be financially responsible for dust
control on unpaved designated travel route from the intersection of County' Road 8 and County
Road 19 along County Road 8 extending 100 feet west of the approved site access. Property
Owner shall be required to complete an annual application of topical magnesium chloride. The
additional applications and extent of magnesium chloride will be determined by site -specific
conditions at the time, as determined exclusively by County personnel.
B. Future Triggered Off -Site Improvements:
Event Quantity Traffic Triggers. When the traffic associated with the Use by Special Review
Permit reaches certain number of events as set forth in this agreement, the Property Owner shall
design, andconstruct required road improvements to address safety thresholds based on the
number of events and. therefore, traffic being generated by the site.
1.1 Event Quantity Improvements. Once 30 events occur in a 365 -day period (the "Events
Trigger"), Property Owner shall be required to design and construct the following improvements:
Triggered improvements on CR 8 shall extend from 100 feet west of the approved
site access to the intersection of CR 8 and CR 19. The tie-in with the County Road
shall be County approved as the pavement RAP needs to match the existing
pavement. Additionally, the finished road shall match the existing driveways.
Widen CR 8, as necessary, to meet the local road section of 26 -foot -wide with
drainage criteria, as specified in the Weld County Code.
Provide a crown on CR 8 of 3% to center of road, and 3-4% in the super
elevations on the curves.
Provide compacted subgrade to meet criteria, as specified in the Weld County
Code.
Finish the driving surface of CR 8 with 4 inches of compacted RAP, with a topical
application of mag chloride, as specified in the Weld County Code.
1.2 Event Quantity Improvements Cost of Construction Exhibit. When the Event Trigger is
met, the Property Owner shall submit Exhibit A-1 within six (6) months thereafter, 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 Colorado Engineer. A registered Colorado Engineer must sign and stamp the
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ANTI ill )1 III III
construction cost exhibit for sites that have project collateral. If required, collateral shall be
submitted at the same time as Exhibit A-1. Exhibit A-1 shall be attached to this Agreement and
incorporated herein once approved by the County.
1.3 Event Quantity Improvements Construction Schedule. When the Event Trigger is met, the
Property Owner shall submit Exhibit B-1 within six (6) months thereafter, indicating the construction
schedule, and including completion date for the improvements. The construction of the triggered
improvements shall be completed within the specified timeframe, which may not exceed three (3) years,
if ROW acquisition or utility relocation is required or two years if not required, from the date the Event
Trigger is first met and shall be completed as follows: Year 1 design deadline; Year 2 ROW/Utilities, if
needed; Year 3 Construction (Year 2 Construction, if ROW/Utilities not needed). Property Owner shall
not commence construction of improvements prior to approval of the Construction Plans and receipt of
the appropriate ROW Permit. Property Owner shall complete all improvements in accordance with the
construction schedule exhibit. Property Owner shall collateralize 125% of the costof the construction
improvements, including design, right-of-way, and utility relocation cost within six (6) months of the
Event Trigger. Exhibit B-1 shall be attached to this Agreement and incorporated herein once approved by
the County.
1.4 Collateral. Collateral for 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.
2. Long -Term Traffic Triggers (additional and consistent traffic after Event Quantity Trigger). If the
traffic associated with the Use by Special 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. Notwithstanding
anything to the contrary herein, the Property Owner shall have no obligations under this section
B.2 unless and until the Event Trigger is also met
2.1 Long -Term Future Improvements. 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. Property Owner shall be
required to design, obtain right-of-way, relocate utilities, and construct said auxiliary lanes into
their site in accordance with Appendix 8-Q of the Weld County Code, 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 8
whenever traffic consistently 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 8
whenever traffic consistently exceeds 25 VPH turning right into the Property for
an average daily peak hour.
2.1.1 At such time as the County or another property owner paves or otherwise makes
upgrades to CR 8. Property Owner shall be obligated to pay a proportional share of the
costs of such paving or upgrading to CR 8 from CR 19 to extend 100 feet west of the
approved site access. In such cases Property Owner shall not be obligated to design and
construct such improvements, and Property Owner's sole responsibility shall be to
contribute fmancially.
2.2 Property Owner's Responsibilities regarding. Long -Term Future Triggers. Except as
provided in section 2.1.1, 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
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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.
2.3Long-Term Future Improvements Cost of Construction Exhibit. When any trigger is met, the Property
Owner shall submit Exhibit A-2 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 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-2. Exhibit A shall be attached to this Agreement and incorporated herein once approved by the
County.
2.4 Long -Term Future Improvements Construction Schedule Exhibit. When any trigger is met, the
Property Owner shall submit Exhibit B-2 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
125% 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-2 shall he attached to this
Agreement and incorporated herein once approved by the County.
2.5 Collateral. Collateral for any additional improvements required by the triggers may be required
by the Board of County Commissioners. Collateral is accepted and released by the BOCC pursuant to the
Weld County Code. Additional information about collateral is outlined in Part LLB of this Agreement.
2.6 As -Built Plans. "Asbuilt" 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. Travel Routes: The Property Owner shall be financially, responsible for its proportional share of
the associated costs for maintaining and/or improving designated travel routes.
Travel Routes. The following roads are designated as travel routes for the Property:
1) East and west on CR 8 between CR 19 and approved site access
Traffic shall enter and exit the site at the approved access(es) on CR 8 and travel east to the
nearest paved road for further dispersal. Any County roads used by USR23-0025 traffic may
become part of the established haul/travel routes.
3. Traffic Management Plan. Property Owner shall subunit an acceptable traffic management plan to
direct all event traffic east on CR 8 to CR 19.
4. 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.
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1111 �C'J l� l�lr ilifil'hlrdiatiniAl ilk III III
5. Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
abovementioned 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,
travel vehicles will utilize paved County roads whenever possible. A deviation from the
established 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 travel
routes designated herein and provide notice to the Property Owner.
6. 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.
7 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.
Maintenance Requirements:
1. Off -site recurring maintenance, if applicable, as required by the Board:
2. Dust Control. Property Owner shall be financially responsible for dust control on unpaved
designated travel routes after commencement of operation. Property Owner shall be required, but
not limited to, an annual application of topical magnesium chloride. The additional applications
and extent of magnesium chloride will be determined by site -specific conditions at the time, as
determined exclusively by County personnel.
3. Repair. Property Owner shall be financially responsible for its proportional share of excavation,
patching, and pavement repair on designated haul/travel routes. The amount and extent of repair
and paving measures will be determined by site -specific conditions at the time, as determined
exclusively by County personnel.
4. Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project
traffic that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant
Damage. Property Owner shall identify the repair required and shall consult with County on the
extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within
twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-
eight (48) hours after receipt of such notice. If Property Owner identifies Significant Damage
prior to receiving notice thereof from County, Property Owner may commence repair of such
Significant Damage and shall concurrently notify County of the extent, type, timing, materials
and quality of repair (i.e. temporary versus permanent).
5. Repair of Road: On or before December 31, of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road
portion will require paving measures in order to protect the public health, safety, and welfare, and
the County has budgeted sufficient funds for the following calendar year to pay its share of the
Off -Site Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -
Site Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's
notice of the need to undertake the road maintenance repairs and/or improvements, Property
Owner shall submit OffSite Construction Plans and Cost Estimates to County for review. Property
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III II
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.
5.1 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road repairs/improvements will be
calculated as determined in this Agreement. Property Owner will be invoiced accordingly for
those proportional share costs.
6. Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property
Owner of County's preliminary determination and assessment of Property' Owner's proportional
share of costs of maintenance, repair, or improvements to Property Owner's designated haul/
travel routes. Prior to County's final determination and assessment, County shall provide Property
Owner with a reasonable opportunity to review, comment upon and supplement County's data,
collection methodology, and determinations. The County' shall review and consider Property'
Owner's input prior to making a final determination and assessment. The County shall have sole
responsibility for determination of Property Owner's proportional share of costs. Property Owner
agrees to pay such proportional share of costs within 30 days of receiving an invoice from
County.
7.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of
Property Owner and all other Property Owners and/or Lessees who are required by County to participate
in road improvement/maintenance agreements for the haul routes designated in this Agreement. As a
result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall
further determine what road repair/improvement/maintenance work is to be performed during that
construction season. Notification to the Property' Owner of the required roadway repairs will be given as
soon as the data becomes 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. leineering and Construction Requirements:
1.
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.
RightsofWay 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
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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. 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. 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 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 alt 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. 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. 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. 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 amotmt 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 TIE 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
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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. 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. Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld
County Code. For collateral release, County personnel conducts inspections for on -site and off -
site improvements.
3.1 Tinting 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 onsite
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 "Asbuilt" 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 "asbuilt" 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. Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property
Owner shall contact the Weld County Development Review Team and request an inspection of
such improvements. Upon request, County personnel will initiate the inspection, approval, and
acceptance process.
2. inspection, Approval. and Acceptance Process:
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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
"asbuilt" drawings as required in subsection B.3.2.3, above, and shall request County inspection
of the OffSite 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
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 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.
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: The 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:
I . Access Permits. Property Owner shall not use any access onto any County Road unless and until
an access permit has been issued by the Department of Planning Services. Planning Services may
condition the issuance of an updated access permit on the amendment of this Agreement if the
updated access permit authorizes the use of an additional access point, or if there is a change in
use of the current access point, as permitted by Article XIV of Chapter 8 of the Weld County
Code.
2. Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Department of Public
Works. No work shall occur without said ROW permit.
3. Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County
Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the
operation and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
E. Enforcement and Remedies:
1. Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the
terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has
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
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the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes
in good faith that the violation is continuing, County may consider Property Owner to be in
breach of this Agreement.
2. Remedies for Breach by Property Owner. In the event that County determines that Property
Owner has violated the terms of this Agreement, and has failed to correct said violation, County
may exercise any or all of the following remedies, or any other remedy available in law or equity.
2.1 Access and Use of Collateral. County may access and use collateralto 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 pertnits, 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 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.
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
USE 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,
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1111 ruifi iiiKOIRINil I) Mil 1 IV fiir IWvh 111111
which may be completed by County after accessing Property Owner's collateral if Property
Owner fails to complete such improvements.
F. General Provisions:
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.
Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
3. Governmental Immunity. No term or condition of this contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now
or hereafter amended.
4. Amendment or Modification. Any amendments or modifications to this agreement shall be in
writing and signed by both parties.
5. 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. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or
its designee.
7. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall he applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/
or regulations shall be null and void. In the event of a legal dispute between the parties, the
parties agree that the Weld County District Court or Federal District Court for the District of
Colorado shall have exclusive jurisdiction to resolve said dispute.
8. Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner,
concerning this Agreement, the parties agree that each party shall be responsible for the payment
of attorney fees and/or legal costs incurred by or on its own behalf
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iv I ��L'J�YilaCi7TIC' l Yak "III
9. Release of Liability. Property Owner shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions, or claims of every
nature and description caused by, arising from, or on account of the design and construction of
improvements, and pay any and all judgments rendered against the County on account of any
such suit, action or claim, and notwithstanding section 7.0 above, together with all reasonable
expenses and attorney fees incurred by County in defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of the County or its officers,
agents, employees, or otherwise except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the County or its employees while acting within the
scope of their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and health.
10. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void.
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.
1) Co -Signer. Co -Signer to this agreement is the operator of the event center. Co-
signer represents and warrants to the County that he is both jointly and severally
liable for the requirements of this Agreement, execution and delivery of the
Agreement, and the performance of property obligations. Co-signer is duly
authorized to enter into this Agreement and agrees that the Agreement is a valid
and legal agreement binding on Co-signer and enforceable in accordance with its
terms.
12. Acknowledgment. County and Property Owner acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement,
with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement
between the parties and supersedes all proposals or prior agreements, oral or written, and any
other communications between the parties relating to the subject matter of this Agreement.
13.0 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.
PROPER 0 ER {i • : Rd and Sandra Strobel Living Trust
Date //1/2-e974--------
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Co ,1111
■IIII���I�'�tt��rh�+4�Qi+�l�.'�Fr��P,��Nw,���Z�W�h
Name: Sandra Strobel
Title: Trustee
Co-Signer/Event Center Operator
By:
Name: Dain Strobel
STATE OF COLORADO
County of Weld
Date r�,y-Z2,s''
SS.
JENNIFER SUE HASTINGS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20044038955
MY COMMISSION EXPIRES OCTOBER 28, 2028
The foregoing instrument was acknowledged before me this day of 1 l
Sandra Strobel, as Trustee of Roland and Sandra Strobel Living Trust, and by Dahl Strobel.
WITNESS my hand and official seal.
2025, by
WELD COUNTY:
ATTEST: V.41t44A.)Je140 e1
Weld C tyClerktothe B and
BY: n
ufrxion
Deputy Clerk to the Board
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Carly Koppes, Clerk and Recorder, Weld County CO
so'
4904-656&0690, v. 1
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORADO
Strobel — USR23-0025 — IA24-0001
Page 13of13
JUL 1 4 2025
z a5 2.001
Contract Form
Entity Information
Entity Name*
STROBEL, SANDRA
Entity ID*
@00049816
Contract Name*
IMPROVEMENTS AND ROAD MAINTENANCE
AGREEMENT SANDRA STROBEL USR23-0025
Contract Lead *
Contract Status JTRUJILLOMARTINEZ
DEPARTMENT HEAD REVIEW
Contract ID
9713
Q New Entity?
Contract Lead Email
jtrujillomartinez@weld.go
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT SANDRA STROBEL USR23-0025 NO COLLATERAL
REQUIRED
Contract Description 2
Contract Type*
AGREEMENT
Amount*
50.00
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* 07/10/2025
07/14/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date *
07/14/2026
Committed Delivery Date
Renewal Date
Expiration Date*
07/14/2027
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
DH Approved Date
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Finance Approver Legal Counsel
Finance Approved Date Legal Counsel Approved Date
Tyler Ref*
AG071425
Originator
JTRUJILLOMARTINEZ
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