HomeMy WebLinkAbout20252126.tiffResolution
Approve Memorandum of Agreement for Purchase of Property Interest for
Acquisition of Right -of -Way for Design -Build Project of High Plains Boulevard
(aka County Road 9.5) Between County Roads 32 and 34, and Authorize Chair to
Sign — GOHOMEPORT Camelot, 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, the Board has been presented with a Memorandum of Agreement for the
Purchase of Property Interest for Acquisition of Right -of -Way for the Design -Build Project
of High Plains Boulevard (also known as County Road 9.5) between County Roads 32
and 34, between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works,
and GOHOMEPORT Camelot, LLC, commencing upon full execution of signatures, with
further terms and conditions being as stated in said agreement, and
Whereas, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Memorandum of Agreement for the Purchase of Property Interest for
Acquisition of Right -of -Way for the Design -Build Project of High Plains Boulevard (also
known as County Road 9.5) between County Roads 32 and 34, between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Works, and GOHOMEPORT Camelot,
LLC, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
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Carly Koppes, Clerk and Recorder, Weld County , CO
cc :Po (ct /ow /AD/GK/Ss)
VIII INVIII4µll110:11,1:I MRIV 11,1.4 lid 11111 o7 I2q /25
2025-2126
EG0083
Memorandum of Agreement for Purchase of Property Interest for Acquisition of
Right -of -Way for Design -Build Project of High Plains Boulevard (aka County Road 9.5)
Between County Roads 32 and 34 — GOHOMEPORT Camelot, LLC
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 28th day of July, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII I �.rRi�i4��L 'll�l�'L JWaIY iLarIiKWINNI N Aid BIM
2025-2126
EG0083
Contvac-i-t Ncf l$lo
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: High Plains Blvd. Between WCR 32 & 34 — GOHOMEPORT Camelot LLC Accepted Offer
DEPARTMENT: Public Works DATE: 7/17/25
PERSON REQUESTING: Cameron Parrott
Brief description of the problem/issue:
We have recently received an accepted offer for the acquisition of property needed to build the High Plains Blvd. Design -
Build Project from CR 32 to CR 34. The property owner, GOHOMEPORT Camelot, LLC, has signed and returned their
Memorandum of Agreement (MOA). This property is located on the southwest comer of the intersection of High Plains
Blvd. (CR 9.5) and CR 32. The approved offer can be broken down as follows:
Landowner
Size of
ROW (Acres)
Acres
County
Appraisal
Value of ROW
30%
Incentive on
Land Values
County
Appraisal
Value of
Dama-es
County Offer
Total
GOHOMEPORT
0.196
$44,000
$13,200
$0
$57,200
What options exist for the Board?
• Approve the MOA for the purchase of this ROW and allow it to be placed on the next available BOCC agenda for
approval and signature
• Deny approval of this MOA
Consequences: Denial of approval of this MOA could delay the construction of the project.
Impacts: The ROW acquisition phase of this project is controlling the entire project schedule and the ability to
meet completion goals.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): $57,200.00
Recommendation: Staff recommends approving this MOA to acquire 0.196 acres of land from GOHOMEPORT
Camelot, LLC in the amount of $57,200
Support Recommendation Schedule
Place ran BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
Contact # 9786
3.341
2025-2126
7/23"
EC -1007O
MEMORANDUM OF
AGREEMENT TO PURCHASE
PROPERTY INTEREST
Project Code: I Parcel No: RW-01
Project No:
Location: 4070 Camelot Circle, Mead, CO 80504
County: Weld I State Highway No:
This Memorandum of Agreement ("Agreement") made
(GRANTEE) for the purchase of the parcel(s) listed above
on J u )1/4,13 2.75 I Z s
between Weld County
from the r
Owner(s) GOHOMEPORT CAMELOT, LLC, A Delaware Limited Liability Company (GRANTOR).
Just compensation was determined by an appropriate valuation procedure prepared in accordance with Colorado
state laws and regulations. The amount of money and/or compensation listed below is full consideration for the
following land, easements, improvements, and damages of any kind.
Land (RW-01)
Sq.ft®/acres❑ 8,542
$43,991.00
Permanent and Slope Easements
Sq.ft❑/acres❑
$0.00
Temporary
Sq.ft❑/acres❑.
$0.00
Improvements:
$0.00
Damages:
$0.00
Gross Total
$44,000.00 (rounded)
Additional consideration for incentive payment to Grantor if Agreement signed by
Grantor on or before J4 June 19, 2025, per the terms stated below in "Other
conditions."
$13,200.00
Net Total
$57,200.00
Other conditions:
See soothed Addendum.
Grantor (OWNER) is hereby advised Grantee (the COUNTY), its employees, contractors or representatives, is seeking to
accelerate the Weld County High Plains Boulevard Project to more quickly provide road improvements to the traveling
public. Therefore, it is understood and agreed that:
1. For the purpose of expediting the project, the COUNTY is hereby offering OWNER an incentive of $13,200 shown above,
if this Memorandum of Agreement (MOA) is (1) properly executed by OWNER, and (2) received by the COUNTY or its
representatives on or before June -4 June 19, 2025.
2. If a fully executed MOA is not received by the COUNTY or its representatives on or before the close of business June -4
June 19, 2025 OWNER understands that OWNER will no longer be entitled to nor the COUNTY obligated to pay the
incentive payment of $13,200. Further, OWNER understands that if the COUNTY or its representatives has not received a
fully executed MOA by close of business June -4 June 19, 2025, the COUNTY's position at any further proceedings
regarding "Just Compensation" will be in the amount of $44,000.00 (Gross Total).
The GRANTOR:
1) Represents that he or she is the legal owner of the property and has the right to convey the property in the
manner detailed in this Agreement;
2) Acknowledges that just compensation was determined by an appropriate valuation procedure prepared in
accordance with applicable laws and regulations, and hereby knowingly waives any right to contest such
valuation;
3) Agrees the amount of money and/or compensation listed above is full consideration for the following land,
easements, improvements, and damages of any kind whatsoever;
4) Will, at the closing, pay all taxes (including prorated taxes for the current year) and special assessments for the
current year;
5) Has entered into this agreement because the GRANTEE has
property for public purposes;
the power of eminent domain and requires the
6) Shall be responsible for securing releases from all liens, judgments
and financial en-cursbrantes-trdoliver-ctear;
to be paid by GRANTOR shall be paid at or
unencumbered title to GRANTEE. Any encumbrance required
before closing from the proceeds of the transaction hereby contemplated or from any lawful other source;
7) Will execute and deliver to GRANTEE those documents necessary for this transaction as indicated below;
8) Excepts from the subject property described herein in the attached Exhibits, the mineral estate and including all
coal, oil, gas and other hydrocarbons, and all clay and other valuable mineral in and under said subject property.
The GRANTOR hereby covenants and agrees that the GRANTEE shall forever have the right to take and use,
without payment of further compensation to the GRANTOR, any and all sand, gravel, earth, rock, and other road
building materials found in or upon said subject property and belonging to the GRANTOR; and
9) The GRANTOR further covenants and agrees that no exploration for, or development of any of the products, as
described above, and owned by the GRANTOR heretofore or hereafter the date set forth above and hereby
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Car 1Y Koppes, Clerk and Recorder, Weld County , CO
iii Nrj if w lCi: r'1:isr1iVrr iiIIi, Bill
excepted will ever be conducted on or from the surface of the premises described in the attached Exhibits, and
that in the event any of such operations may hereafter be carried on beneath the surface of said premises, the
GRANTOR shall perform no act which may impair the subsurface or lateral support of said premises. These
covenants and agreements hereunder, shall inure to and be binding upon the GRANTOR and os heirs, personal
and legal representatives, successors and assigns forever.
10) Acknowledges and agrees that by signing this Agreement, it may be waiving rights, including, but not limited
to, the right to contest GRANTEE's taking of possession or title to the property by eminent domain.
11) GRANTOR warrants and represents to GRANTEE that the Property has never been used as a landfill or waste
dump; there has been no installation in or production, use, release, disposal, or storage on the Property of any
hazardous substances or other toxic substance, and there is no pending or threatened proceeding, inquiry, action,
litigation or order by any court, governmental authority or agency with respect to the Property under any
Environmental Laws or otherwise.
12) GRANTOR warrants that if such property or any part thereof is acquired by the GRANTOR after the date of
transfer, that such after acquired title is conveyed to the GRANTEE.
NOTE: At GRANTOR'S sole discretion,
GRANTOR to the GRANTEE. GRANTEE
estate. In transactions where GRANTOR
as set forth above, will be deleted from this
❑ GRANTOR conveys the underlying mineral
the Memorandum of Agreement and the conveyance
The GRANTEE:
I) Will be entitled to specific performance
2) Will be held harmless from any claims
benefits due under relocation law;
3) Will make payment after receiving acceptable
4) Will take possession and use of the parcel(s)
escrow account for the benefit of the GRANTOR,
of title to the parcel(s) shall occur upon
the payment from escrow to the GRANTOR.
Uniform Relocation Assistance and Real
the GRANTOR may convey the underlying mineral estate owned by
makes no representations about the nature, title or value of the mineral
conveys the underlying mineral estate to GRANTEE, Paragraphs 8 and 9,
Memorandum of Agreement and the conveyance document.
estate to GRANTEE. Paragraphs 8 and 9 are hereby deleted from
document.
of this agreement upon tender of the agreed consideration;
against the property or to any interest in the property, except for any
conveyance instruments from the GRANTOR;
when it deposits the consideration, as set forth above, into an
or when GRANTEE disburses funds to GRANTOR. Transfer
performance of any and all terms under this agreement, and release of
unless other arrangements are made that follow Title III of the
Property Acquisition Act of 1970, as amended; and
5) Will prepare the following documents:
El Deed of Dedication ❑ Utility Easement
❑ Access Deed ❑ Permanent Easement
E Full Release(s) Book/Page: ❑ Slope Easement
❑ Partial Release(s) Book/Page: ❑ Temporary Easement
Order Warrant $
Payable to:
Order Warrant $57,200.00
Payable to: GOHOMEPORT CAMELOT, LLC, A Delaware Limited
Liability Company
GRANTOR: GOHOMEPORT CAMELOT,
By:
LLC, A Delaware Limited Liability Company
ATTEST: WELD COUNTY CLERK TO THE
BOARD /
.�1; lam.
BY: l
BOARD OF COUNTY COMMISSIONERS WELD
COUNTY, COLORADO
C
BY: � `jf/ • �"! . 2025
2
Deputy Clerk to the Board
Perry L. Buck, C , it
APPROVED AS TO FORM:
County Attorney:
1861 'for tv
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Carly Koppes, Clerk and Recorder, Weld County , CO
■III IANIVighll aliik'Ia4ild iCiraillit 11111
WELD/COOT Form #784 -04/2024
cV5- 212 to
ADDENDUM:
1) This Agreement and the conveyance of the Property made pursuant to the terms herein, shall be binding upon, all
and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors,
and assigns.
2) This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld
County, Colorado or its designee.
3) 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) 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. No oral representation, promise, or consideration different from the terms herein contained shall be
binding on either party, or its agents or employees. This Agreement may be changed or supplemented only by a
written instrument signed by both parties.
5) 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 shall have exclusive jurisdiction to resolve said
dispute.
6) 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.
7) In the event of litigation between the parties in connection with this Agreement, the parties agree that each party
shall be responsible for the payment of their respective attorney fees and/or legal costs incurred by or on its own
behalf.
8) Any right or obligation in this Agreement that, by its terms, exists or is intended to be performed after termination
or Closing will survive Closing of this Agreement and will not be merged into the deed of the Property delivered by
GRANTOR or GRANTEE at Closing.
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Carly Koppes, Clerk and Recorder, Weld County , CO
111111WiighiglilillylIMIAMOIVINillyi, II III
Page 3 of 3 WELD/CDOT Form #784 — 04/2024
ILLUSTRATION TO EXHIBIT A
E 1/2 SW 1/4 SEC. 14
T3N, R68W, 6TH P.M.
30" ROW PER ROAD REVIEWERS
REPORT BOOK 48, PAGE 265
30'
S'L Y LINE E 1/2 SW 1/4 SEC. 14 ROAD 32
N8954'57"E 1298.38' f (VARIABLE WIDTH PUBLIC ROW)
VARIES 3d POINT OF BEGINNING
NELY CORNER LOT 6" BLOCK 1
POINT OF COMMENCEMENT
SOWN 1/4 SECAON 14, T3/ i R68W; 6111 P.M
RIGHT -K WAY DEDICATION
800/( 1574, PAGE 387
JO' ROW PER ROAD REVIEWERS
REPORT BOOK 48, PAGE 265
LOT 5
BLOCK 1
WELD COUNTY
S88'46'51"W 200.55'
S75 27'59.,E.
S29'521 175 40 W 86'
15.11'
PARCEL CONTAINS
8,542 SQ. FT.,
OR 0.196 ACRES,
MORE OR LESS
AMENDED PLA OF RADEMACHER
BUSINESS ARK FINAL P.U.D.
RE . NO. 2561541
NW 1/4 SEC. 23
T3N, R68W, 6TH P.M.
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LOT 6
BLOCK 1
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VARIES
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ROAD REVIEWERS REPORT
800K 48, PAGE 265 l I
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50.45' (TIE)
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SCALE: 1' = 60'
NOTE: THIS ILLUSTRATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION.
AJLP
360 East 611nerol Ave,5oite t
Littleton, Coloratlo 60122
Phone: (303)713.1698
Nax: (303}713-1897
W W W.aZfl'000nSLL11;1ntSC0n1
PARCEL RW-1
NW 1/4 SECTION 23, T3N, R68W, 6TH P.M.
WELD COUNTY, COLORADO
PATH: 0:1191624-01 - HIGH PLAINS Bus MAPPINADWG\SOISITSVIIGH PUSS 6LVD ROW AC059004 PARCEIS1RW-1.DWG
JOB NUMBER: 191624-01 DATE:11-04-2024 DWG: RDS CHK: DED 2 of 2 SHEETS
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII IMl4AIII IA "III
Contract Form
Entity Information
Entity Name* Entity ID*
GOHOMEPORT CAMELOT LLC @00050022
Contract Name"
MEMORANDUM OF AGREEMENT TO PURCHASE ROW
FROM GOHOMEPORT CAMELOT LLC FOR THE HIGH
PLAINS BLVD. PROJECT BETWEEN CR 32 & CR 34
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
9786
Contract Lead*
CPARROTT
Contract Lead Email
cparrott@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
GR-73
Contract Description *
AGREEMENT TO PURCHASE ROW FROM GOHOMEPORT CAMELOT LLC FOR THE HIGH PLAINS BLVD. DESIGN -BUILD
PROJECT FROM CR 32 TO CR 34. PROPERTY ON ON SW CORNER OF INTERSECTION OF HIGH PLAINS BLVD. AND
CR 32.
Contract Description 2
Contract Type* Department
AGREEMENT PUBLIC WORKS
Amount*
$57,200.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department Email
CM-
PublicWorks@weld.gov
Department Head Email
CM-PublicWorks-
DeptHead@weld.gov
County Attorney
ADRIA SCHIEL
County Attorney Email
ASCHIEL@WELD.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* 07/24/2025
07/28/2025
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
Contact Info
Review Date *
07/17/2025
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2025
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
.CURTIS HALL
DH Approved Date
07/25/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07/28/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
07/25/2025 07/25/2025
Tyler Ref*
AG 072825
Originator
CPARROTT
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