HomeMy WebLinkAbout20251009.tiffCov,k
MEMORANDUM
TO: Clerk to the Board
DATE: March 25, 2025
FROM: Jazmyn Trujillo -Martinez, Planning Services Dept.
SUBJECT: BOCC Agenda Item — Approve Road Maintenance
Agreement For:
Brian Crain — SPR24-0010
Request to Approve Road Maintenance Agreement:
The Department of Planning Services received a request from the applicant, Brian Crain, requesting
that the Board of County Commissioners consider approving the Road Maintenance Agreement for
(SPR24-0010). No collateral is required with this agreement.
Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed
the above mentioned signed original document and observed the following:
All Public Works related items, of the "Road Maintenance Agreement According To
Policy", are found to be acceptable.
This Agreement complies with the terms of the Site Plan Review Permit
conditional approval, as signed by the Director of Planning Services.
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for SPR24-0010,
and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent
Agenda.
cc: Dawn Anderson, Planning Services
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ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Brian Crain — SPR24-0010
THIS AGREEMENT is made this z y day of &i¢ail , 2025, by and between Brian
Crain, whose address is 1521 4th Avenue, Greeley, Colorado 80631, hereinafter referred to as "Property
Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and
politic of the State of Colorado, by and through its Board of County Commissioners, whose address is
1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the following described property in the County of
Weld, Colorado:
Lot 2 of Cimarron Land Company LLC, MINF 19-0001
Subdivision; being a part of the NE1/4 of Section 32,
Township 6 North, Range 65 West of the 6th P.M., Weld
County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received the Director of Planning Services conditional approval
of SPR24-0010, and
WHEREAS, Property Owner acknowledges that the final approval of SPR24-0010 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 on Weld County Way between Highway 85 and County Road 64, and
2) East and west County Road 64 between N. 6th Avenue and County Road 41/ N. 1st Avenue.
Haul trucks shall enter and exit the site at the approved access(es) on Cimarron Court and remain
on paved roadways for further dispersal. Any County roads used by traffic associated with SPR24-0010
may become part of the established haul/travel routes.
2.0 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.
3.0 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
Planning Services may authorize, in writing, the deviation. In that circumstance, haul/travel
Brian Crain — SPR24-0010 - RMA25-0005
Page 1 of 8
vehicles will utilize paved county roads whenever possible. A deviation from the established
haul/travel route lasting more than six (6) months or requests for one (1) or more deviations
within a 12 -month period shall authorize the County to change the haul/travel routes designated
herein and provide notice to the Property Owner.
4.0 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.
5.0 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. Future Safety Improvements
1.0 Future Safety Improvements. In the event that the County fords the need for
improvements to the intersection of Weld County Way and County Road 64 or Weld County Way
and Cimarron Court in order to improve the overall public health and safety, the Property Owner
shall be responsible for a proportional share of the total overall cost of improvements of the said
intersection. The Property Owners proportional share will be based on the Property Owners
traffic contribution.
C. Maintenance Requirements:
1.0 Off -site recurring maintenance, if applicable, as required:
2.0 Repair. Property Owner shall be fmancially responsible for its proportional share of excavation,
patching, and pavement repair on designated haukravel routes. The amount and extent of repair and
paving measures will be determined by site -specific conditions at the time, as determined exclusively by
County personnel.
3.0 Need for Immediate Repairs. In the event of damage to a designated haul/travel route by project
traffic that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant
Damage. Property Owner shall identify the repair required and shall consult with County on the extent,
type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24)
hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after
receipt of such notice. If Property Owner identifies Significant Damage prior to receiving notice thereof
from County, Property Owner may commence repair of such Significant Damage and shall concurrently
notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus
permanent).
4.0 Repair of Road. On or before December 31 of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion
will require paving measures in order to protect the public health, safety, and welfare, and the County has
budgeted sufficient funds for the following calendar year to pay its share of the Off -Site
Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site
Improvements/Repairs shall be undertaken. Within ninety (90) days of its receipt of County's notice of
the need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit
Brian Crain — SPR24-0010 — RMA25-0005
Page 2 of 8
Off -Site Construction Plans and Cost Estimates to County for review. Property Owner shall have sole
responsibility for the completion of the repairs and/or improvements on or before December 15 of the
year following County's notice of the need for repairs.
4.1 In County's sole discretion, County may undertake the repairs and/or improvements.
4Property Owner's payment for its Proportionate Share of the road repairs/improvements will be
calculated as determined in this Agreement. Property Owner will be invoiced accordingly for
those proportional share costs.
5.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property
Owner of County's preliminary determination and assessment of Property Owner's proportional share of
costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to
County's fmal 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 fmal
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.
6.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of
Property Owner and all other Property Owners and/or Lessees who are required by County to participate
in road improvement/maintenance agreements for the haul routes designated in this Agreement. As a
result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall
further determine what road repair/improvement/maintenance work is to be performed during that
construction season. Notification to the Property Owner of the required roadway repairs will be given as
soon as the data become available.
7.0 Notification. The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to
Property Owner's designated haul/travel routes. Prior to County's fmal determination and assessment,
County shall provide Property Owner with a reasonable opportunity to review, comment upon and
supplement County's data, collection methodology, and determinations. The County shall review and
consider Property Owner's input prior to making a final determination and assessment.
PART II: GENERAL PROVISIONS
A . Permits: Property Owner is required to apply for and receive all permits required by the County
or any other applicable local, State, or federal permit, including but not limited to:
1.0 Access Permits. Property Owner shall not use any access onto any County road unless
and until an access permit has been issued by the Department of Planning Services. Planning
Services may condition the issuance of an updated access permit on the amendment of this
Agreement if the updated access permit authorizes the use of an additional access point, or if
there is a change in use of the current access point, as permitted by Article XIV of Chapter 8 of
the Weld County Code.
2.0 Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code,
any work occurring within County ROW requires a ROW permit issued by the Department of
Public Works. No work shall occur without said ROW permit.
Brian Crain — SPR24-0010 - RMA25-0005
Page 3 of 8
3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld
County Transport Permit is required for Extra -legal vehicles using Weld County roadways to
ensure the operation and movement of Extra -legal Vehicles and Loads occurs in a safe and
efficient manner.
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.
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 Termination of SPR Permit. Property Owner acknowledges that failure to comply with
the terms of this Agreement constitutes cause to terminate the SPR, and County may exercise this
option in its sole discretion by proceeding with termination under the then current provisions of
the Weld County Code.
3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the
following events:
3.1 Failure to Commence. County may terminate this Agreement upon or after termination of
the underlying land use approval under Weld County Code Section 23-2-170. However, County
may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health, safety, and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur
upon Property Owner's complete cessation of all activities permitted by the SPR including any
clean up or restoration required. A partial cessation of activities shall not constitute a Termination
of this Agreement, nor shall County's issuance of a partial release/vacation constitute a
Termination. Unless informed in writing by the Property Owner of cessation of activities, and
verified by the County, cessation shall only be presumed if the County determines that the SPR
has been inactive for three (3) years. Property Owner shall not be entitled to a release of Project
or Warranty Collateral unless and until the improvements required by this Agreement are
completed.
Brian Crain — SPR24-0010 — RMA25-0005
Page 4 of 8
3.3 Execution of Replacement Agreement. This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new property owner or operator
who has purchased the Property or has assumed the operation of the business permitted by the
SPR, and intends to make use of the rights and privileges available to it through the then existing
SPR.
3.4 Termination of SPR This Agreement shall terminate following County's termination of
Property Owner's SPR, except that the Property Owner shall only be released from this
Agreement after the successful completion of all improvements required under this Agreement,
which may be completed by County after accessing Property Owner's collateral if Property
Owner fails to complete such improvements.
C. General Provisions:
1.0 Successors and Assigns.
1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part,
without the prior express written consent of County and the written agreement of the party to
whom the obligations under this Agreement are assigned. Consent to a delegation or an
assignment will not be unreasonably withheld by County. In such case, Property Owner's release
of its obligations 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.
a
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.
Brian Crain — SPR24-0010 — RMA25-0005
Page 5 of 8
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules
and/or regulations shall be null and void. In the event of a legal dispute between the parties, the
parties agree that the Weld County District Court or Federal District Court for the District of
Colorado shall have exclusive jurisdiction to resolve said dispute.
8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property
Owner, concerning this Agreement, the parties agree that each party shall be responsible for the
payment of attorney fees and/or legal costs incurred by or on its own behalf.
9.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from
any and all liability loss and damage County may suffer as a result of all suits, actions, or claims
of every nature and description caused by, arising from, or on account of the design and
construction of improvements, and pay any and all judgments rendered against the County on
account of any such suit, action or claim, and notwithstanding Section 7.0 above, together with all
reasonable expenses and attorney fees incurred by County in defending such suit, action or claim
whether the liability, loss or damage is caused by, or arises out of the negligence of the County or
its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from
the intentional torts or the gross negligence of the County or its employees while acting within
the scope of their employment. All contractors and other employees engaged in construction of
the improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and health.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or
she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party
represents and warrants to the other that the execution and delivery of the Agreement and the
performance of such party's obligations hereunder have been duly authorized and that the
Agreement is a valid and legal agreement binding on such party and enforceable in accordance
with its terms. If requested by the County, Property Owner shall provide the County with proof of a
Property Owner's authority to enter into this Agreement within five (5) days of receiving such 5c.c.
request. g
12.0 Acknowledgment. County and Property Owner acknowledge that each has read this m3
acc, Agreement, understands it and agrees to be bound b its terms. Both parties further agree that this �,
Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of o: o
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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 a'#
Agreement. m x
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Brian Crain — SPR24-0010 — RMA25-0005
Page 6 of 8 -
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.
5023718 Pages: 7 of 8
04!18!2025 10:49 AM R Fee:$0.00
Carly KoRPes, Clerk and Recorder, Weld County , CO
VIII �.� HIV Itifi� I��� V itrAVI Bill
Brian Crain — SPR24-0010 — RMA25-0005
Page 7 of 8
PROPERTY OWNER: BRIAN CRAIN
By:
Name: 'egg. ‘ f--fil �94.t/
Title: �tun.2lt�
STATE OF COLORADO
County of Weld
Date -9/1-O0Z.5
SS.
The foregoing instrument was acknowledged before me thisgLP day of NI 0,1C h ,
2025_, by bC sI G n
EMILY official
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20234035092
MY COMMISAN EXPIRES SEPT. 13, 2027
s
al.
Notary Po is Notary Pu lic
WELD COUNTY:
ATTEST:�..�;64„
Weld Co ty C rk to the Board WELD COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS
BY:
eputy Clerk to the Boar
, Chair
APR 1 4 2025
5023718 Pages: 8 of 8
04/18/2025 10:49 AM R Fee:$.0.00
Carly Koppes, Clerk and Recorder; Weld County CO
■III FAT 40.4)0' U:006i Wild II II
Brian Crain — SPR24-0010 — RMA25-0005
Page 8 of 8
2 025- 100c1
Contract Form
Entity Information
Entity Name*
CRAIN, BRIAN
Entity ID*
@00049706
Contract Name*
ROAD MAINTENANCE AGREEMENT BRAIN CRAIN
SPR24-0010
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
9285
Contract Lead*
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weld.go
v
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
ROAD MAINTENANCE AGREEMENT BRAIN CRAIN SPR24-0010 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type* Department
AGREEMENT PLANNING
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
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
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* 04/05/2025
04/09/2025
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
04/09/2026
Committed Delivery Date
Renewal Date
Expiration Date
04/09/2027
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
DAWN ANDERSON
DH Approved Date
04/07/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
04/07/2025 04/07/2025
Tyler Ref #
AG041425
Originator
JTRUJILLOMARTINEZ
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