HomeMy WebLinkAbout20250656 CoveNkvc.0 s-b \O 3 468
MEMORANDUM
TO: Clerk to the Board
4......0 _ 861
II DATE: February 12,2026
WcAt FROM: Jazmyn Trujillo-Martinez, Planning Services Dept.
AUNTY
S
SUBJECT: BOCC Agenda Item—Approve First Amendment to
Road Maintenance Agreement For:
Bison IV Operating LLC—1041 WOGLA24-0027—1041 WOGLA-AMD26-0005
Request to Approve First Amendment to Road Maintenance Agreement:
The Department of Planning Services received a request from the applicant, Bison IV
Operating LLC, requesting that the Board of County Commissioners consider approving the
First Amendment to Road Maintenance Agreement for
(1041WOGLA24-0027/1041WOGLA-AMD26-0005). No collateral is required with this
agreement.
Weld County Planning Services, Public Works, and Oil and Gas Energy Departments 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 Amended WOGLA Permit, as
signed by the Director of Oil and Gas Energy Department.
• This Agreement follows the template approved by the County Attorney.
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
1041WOGLA24-0027/1041WOGLA-AMD26-0005, and that this item be placed on the next
regularly scheduled BOCC Hearing, as part of the Consent Agenda.
cc: Dawn Anderson, Planning Services
COv,SsLvIt
a - as - aco 03/ / 63► z Z oz5-0lo50
OGOo03
FIRST AMENDMENT TO ROAD MAINTENANCE IMPROVEMENTS AGREEMENT
i Bison IV Operating LLC— 1041 WOGLA24-0027— 1041 WOGLA-AMD26-0005
itir4
This Amendment("Amendment"),made and entered into i}4 h day of `rt„.. ,202 G,by
and between the Board of Weld County Commissioners("County"), and Bison IV Operating,LLC,
("Operator").
WHEREAS the parties entered into an agreement(the"Original Agreement")identified by the
Weld County Clerk to the Board of County Commissioners as document No. 2025-0656, approved on
March 25, 2025, and recorded by the Weld County Clerk and Recorder under Reception No. 5015758.
WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance
with the terms of the Original Agreement,which is incorporated by reference herein, as well as the terms
provided herein.
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as
follows:
This Amendment,together with the Original Agreement, constitutes the entire understanding between the
parties. The following change is hereby made to the Contract Documents,which shall be effective upon
execution of this Amendment.
Exhibit A under Part 1 of the Original Agreement: Exhibit A—Haul Route Map to the Original
Agreement shall be replaced in its entirety with Exhibit A—Haul Route Map attached hereto.
WHEREAS,all other terms and conditions of the Original Agreement remain unchanged.
•
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,
and year first above written.
5085338 Pages: 1 of 3
02/27/2026 10:20 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
IIIII WW1:�#I��' id II III
PROPERTY OWNER: BISON IV OPERATING LLC J
By: �— Date ziy 2 0 ZL
Name: griLr !/eyty yr
Title: ✓�
STATE OF COLORADO )
ss.
County of Weld )
The foregoing instrument was acknowledged before me this 41/Nay of
202A_, by L,I.a �;c�c;�,; 1 c2r E:en.JV Gl la-J�:-�c I�LC .
WITNESS my hand and official seal.
CORY NEIGHBORS
NOTARY PUBLIC Nota6 Public
STATE OF COLORADO
NOTARY ID 20194003449
"V CrimMISSIOK1EYIPIPES 06/29/2027
WELD COUNTY:
ATTEST: if.404(641 XAO:ordi BOARD OF COUNTY COMMISSIONERS
Weld C/ILYiJJU/LOJ/IIFI
unty Clerk to the Board WELD
�COUNTY, COLORADO
BY: 3 2
Deputy Clerk to the Board / Jason S.Maxey,Chair Pro e
IF FEB 2 7.02E
(1861 t_ t
�eA
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111 NIIIIIVIIWi1IIIM PrIIMIII lI' II1110 W4 11111
Bison IV Operating LLC-104I WOGLA24.0027-AMENDIA26-0001
Page 2
2 07,5-01°5(0
EXHIBIT
P
iO ItWU 4 -An r 24-000
�� �,� t 6—.. Haul Route
o �� o .11 Map
R ' s LI
CH;O DR ao �� U.
50 4, Traffic 100%, Traffic z I ;OW
Cartwright 24 Pad
HWY 3 2 4 • Po.
u� ,-II--) o U LOCATION DESCRIPTION
NW 1/4 OF NE 1/4 OF
U
l R•:6T- � ow SECTION 24 T-5-N,R-61-W,8th P.M.
r i CR=66 cU,1 ,, WELD COUNTY,COLORADO
lool
U p
1.7114
m
?rCEA O -"•, I r, h ' y - r . - - ! _ f Cl LCR=62,J
- I •—' `
-:62 t - i a .4. a ,1 - e
a �: m Legend
1��1 „ O
c * lot r• i r IA. O --.= Existing Access Road
• "4' M ■ • Private Access Road
•^'�� �cR�81n �I ,. i cn 0 Haul Route
a w t s. -�Paved County Road
�� "' I -j 100%Traffic 0
-u �. .,- .F V Gravel County Road
• e ' CR 386
' y • .%.. - - ,� • ■ ,� 1• _ _ - ./ State Maintained Highway
HILL$ ,'�cp 1 •,' 4 3 r��Proposed Oil and Gas Location
ssJ , A CARTWRIGIHT
- tC 54=4/2� o-, ate... •:� !. -� ;) .� / w V 4 J
e
�"s. vit ftCR.6242. ,.,m. I.B .a 'a \ o. " ! ,y, ` - r c= c{
•
V.40
cam' 52=V., 1 — ,•_..0 H; �--`A •• �i f '� `i -1 it'I:.
U
_A r ,,. a 'fir r
i . .. to 1
•
e O - 1 _ �7ii Napery NAP 7@!
*.e Oa _ _11:70
4 . PISS Der:BIA
1 "b - B SON
•
OI GAS IV
''► .c kas•
-� R� r caA4 `- Traffi 0 4250 8,500 17,000
�� 0 C CR.J21„ m 50% - US Feet
Traffic � az1 2
_ s .-.'c' - U - Created By:zschrnM
-CR�42 �} •4 , y�' . _ _ _ Created Dale.1/8/2026
r w ,
IMIO
_0M.]�` r .. - _ - -_l. 1 \ Paden 4,Tres map does not represent a monument.lend essay and
IL' — ��� �:� r' lddno reread �,mne boundary.w.prop.,moments',
_ a�ma wised na.e na seen net
f i4... • '�'". Peen,nde Oror 7 .:::::a tde dais mat aco na L
- . _ wnxnur.e
r..-.won•,a &pus Pt.pip,ema..*ea„ue,wtclm..rn.walorr axuar..aawr am.e•
5085338 Pages: 3 of 3
02/27/2026 10:20 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
III 11)11 ti7 N 4C ili lKil Lurlif dit'W!:44, 111111
% tg{�� OIL AND GAS ENERGY DEPARTMENT
S'�c�ra`r 1402 N 17th Avenue
11,��b1��t y,A. Greeley, CO 80631
1 j 101 ri r, Website:www.weldgov.com
vl L J, Phone: (970)400-3580
Fax: (970)400-3635
February 18, 2026 Case Summary
Permit#: 1041 WOGLA-AMD26-
0005
Applied Date: 1/9/2026 Status: Approved
Job Address: Status Date: 2/18/2026
Job Description:WOGLA Sundry/Amendment
Parcel Number: 096924100007-R4206286
Occupancy Class:
Valuation:
Owner Name: HAROLD LEAMAN JR IRREVOCABLE TRUST
Owner Address: 5 SANDY CREEK CIR
WINFIELD, MO 633892234
Contacts:
Business Type/Relationship Address Phone
Bison IV Operating, LLC Applicant 518 17th Street,Suite 1800 7203990163
Denver,CO 80202
Case Summary Page 1 of 2
Print Date-Time 2/18/2026 9:13:34 AM
Application Specific Info:
Authorized Signatory Jennifer Teeters
Amendment Request Change to access or haul route
Original Permit Type Weld County Permit
WOGLA Record ID 1041 WOGLA24-0027
Description of Requested Amendment Bison is requesting to amend the haul route for the Cartwright
24 Location allowing 50%of traffic to go north and 50%of
traffic to go south during drilling and completion operations.
Latitude 40.39287001
Longitude -104.15325964
Staff Comments No major concerns with proposed Haul Route Change and
Bison has executed a RMA.
Section 24
Project Name Cartwright 24
Parcel# 096924100007-R4206286
Township 5
Range 61
Fee Summary:
Fee# Fee Description Account# Fee
341015 Sundry Amendment Fee 1000ICC_12300IRC_41080141000 $1,000.00
$1,000.00
Payment Summary:
Receipt# Payment Method Payment Ref# Payment Date Payment Amount
146615 Check Elisa-20260126-3.1 1/26/2026 $1,000.00
$1,000.00
Outstanding Balance:
Invoice# Balance Due
166170 $0.00
Case Summary Page 2 of 2
Print Date-Time 2/18/2026 9:13:34 AM
Contract Form
Entity Information
Entity Name* Entity ID* New Entity? Please use the job
BISON IV OPERATING LLC SUP-Sill 0 aid linked here to add a
(]supplier in Workday.
Contract Name* Contract ID Parent Contract ID
FIRST AMENDMENT TO ROAD MAINTENANCE 1 0388
AGREEMENT BISON IV OPERATING LLC Requires Board Approval
1 041 WOGLA24-0027/1041 WOGLA-AMD26-0005 Contract Lead* YES
JTRUJILLOMARTINEZ
Contract Status Department Project#
CTB REVIEW Contract Lead Email
jtrujillomartinez@weld.go
v
Contract Description*
FIRST AMENDMENT TO ROAD MAINTENANCE AGREEMENT BISON IV OPERATING LLC 1 041 WOGLA24-
0027/1 041 WOGLA-AMD26-0005 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AMENDMENT PLANNING Date* 02/14/2026
02/18/2026
Amount* Department Email
$0.00 CM-Planning@weld.gov Will a work session with BOCC be required?*
NO
Renewable* Department Head Email
NO CM-Planning- Does Contract require Purchasing Dept. to be
DeptHead@weld.gov included?*
Automatic Renewal
NO
County Attorney
Grant GENERAL COUNTY
IGA ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
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 Review Date* Renewal Date
02/18/2027
Termination Notice Period Expiration Date*
Committed Delivery Date 02/18/2028
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
DAWN ANDERSON CHRIS D'OVIDIO BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
02/13/2026 02/14/2026 02/17/2026
Final Approval
BOCC Approved Doc ID#
AG022526
BOCC Signed Date
BOCC Agenda Date Originator
JTRUJILLOMARTINEZ
Cov\Nco-cicSD a1149
MEMORANDUM
TO: Clerk to the Board
DATE: February 24,2025
PiT-fHil,
/1y � FROM: Jazmyn Trujillo-Martinez,Planning Services Dept.
•
Z-1G0VU
z_
I SUBJECT:BOCC Agenda Item—Approve Road Maintenance
Agreement For:
Bison IV Operating LLC—104I WOGLA24-0027
Request to Approve Road Maintenance Agreement:
The Department of Planning Services received a request from the applicant,Bison IV Operating
LLC, requesting that the Board of County Commissioners consider approving the Road
Maintenance Agreement for(1041 WOGLA24-0027).No collateral is required with this agreement.
The Oil and Gas Energy Department's hearing for 1041 WOGLA24-0027 is scheduled for
February 27,2025.
Weld County Planning Services,Public Works,and Oil and Gas Energy Departments 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",am found to be acceptable.
• This Agreement complies with the terms of the WOGLA Permit,as signed by the
Director of Oil and Gas Energy Department.
• This Agreement follows the template approved by the County Attorney.
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
1041 WOGLA24-0027,and that this item be placed on the next regularly scheduled BOCC Hearing,
as part of the Consent Agenda.
cc: Dawn Anderson,Planning Services
C o v1',LxN\ kcz¢ 0. CC'.PL(DA/S1'bt) 2025-0656
3- -a5 o3/23/2S
0 hkot-S.� -as-a5 pG 0003
ROAD MAINTENANCE
IMPROVEMENTS AGREEMENT
Bison IV Operating LLC-1041 WOGLA24-0027
THIS AGREEMENT is made this,�� day of„ :202 ,by and between Bison IV
Operating LLC,a limited operating company organized under of the State of Delaware,whose
address is 518 17th Street,Suite 1800,Denver,Colorado 80202,hereinafter referred to as"Operator,"
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"0"
Street,Greeley,Colorado 80631 hereinafter referred to as"County."
WITNESSETH:
WHEREAS,"Operator"is the responsible party of the 1041 Weld Oil&Gas Location Assessment
(1041 WOGLA)permit located on the following described property in the County of Weld,Colorado:
NW1/4 NEI/4 of Section 24,Township 5 North,Range 61 West
of the 6th P.M.,Weld County,Colorado
hereinafter referred to as"the Property,"and
WHEREAS,Operator has received approval by the Hearing Officer of the Oil and Gas Energy
Department for 104I WOGLA24-0027,and
WHEREAS, Operator acknowledges that the final approval of 1041 WOGLA24-0027 is
conditional upon Operator's agreement to fund road maintenance,as 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. PRIOR TO CONSTRUCTION AND OPERATIONS:
1.0 Haul Routes:The Operator shall provide haul routes to be reviewed and approved by the
Department of Public Works.The Operator shall be financially responsible for its proportional share of the
County's costs associated with maintaining and/or improving designated haul/travel routes as related to
traffic generation.Traffic generated from this site shall enter and exit at the approved access on CR 89 and
travel to the nearest paved arterial or collector road,or highway,and remain on paved roads for further
dispersal.Any County roads used by traffic associated with 1041 WOGLA24-0027 may become part of the
established haul/travel routes.
1.1 Haul Routes. The following roads are designated as haul/travel routes for any time period
designated as construction or high-volume traffic to and from the Property:
l)See"EXHIBIT A"-Haul Route Map.
2)The haul route shall remain in effect during all times of heavy road use including but not
limited to,construction,drilling of wells,and hydraulic fracturing.
Bison IV Operating LLC-1041 WOGLA24-0027-RMA25-0001
Page I of 7
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Carly Koppes,Clerk and Recorder,Weld County,CO
wlll kireffi di4'IMNIVIMigi�i�IiirA0114 111111
2 0 Notice of Construction A pre-construction inspection and a post-construction mspection shall be
performed by County personnel to determine the site-specific condition of the road The Operator shall
provide the Weld County Departments of Public Works and Planmng Services with two weeks advance
notice of the start of construction activities authorized by the 1041 WOGLA permit and shall give additional
notice withm two weeks after construction has been completed
3 0 Weight Limits No travel vehicles may exceed CDOT required specifications for pounds-per-axle
and axle configurations unless overweight permits have been applied for and granted Operator is
responsible for researching weight limited bridges and obtainmg a Special Transport Permit in accordance
with Chapter 8,Article XV,when establishing haul routes,and furthermore,must follow County
overweight permit and regulations
4 0 Temporary Deviations The Weld County Department of Planning Services Director may approve
temporary(six months or less)deviations from the haul routes described above To receive such approval,
the Operator must submit an updated haul route map and written request stipulating the reasons for the
deviation,which will be reviewed County personal Any change m haul route lastmg more than six months
shall require an amendment to this Agreement approved by the Board of County Commissioners
5 0 Haul Route Signage Operator shall install travel mute 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 leavmg the facility and which clearly depict County approved travel routes
6 0 No Deviation from Permitted Haul Routes Except as authorized by the Weld County Board of
County Commissioners or the Director of the Department of Weld County Planmmg Services,pursuant to
this Agreement,no use of any roads other than those specifically authorized for use in this Agreement is
permitted without the prior written amendment of this Agreement
B. Maintenance Reauireinents:
10 Off-site rehurring maintenance,if applicable,and as required by the Departments of Planning
Services,Public Works,and Oil and Gas Energy,shall only be performed by a County approved contractor,
and have a county Right-of Way permit for that specific location
2 0 Dust Control Operator shall be financially responsible for maintaining dust control on unpaved
designated haul/travel routes during any period of construction,heavy truck traffic,and/or high-volume trip
generation The amount and extent of dust control will be coordmated with Public Works Gravel Roads
Division by site-specific conditions at the time Operator shall use a County-pre-approved contractor for
chemical applications Chemical treatment of unpaved roads along the relevant haul/travel route(s)is
expected to occur approximately two to five times per year,or as required by Public Works If traffic
associated with this use exceeds 200 vehicles per day,per Weld County Code Section 8-6-100,the Operator
shall be responsible for dust abatement On the basis of damage or complaints,as determined by the County,
the Operator shall cause to be performed within two days of notification,at its sole expense,chemical dust
control,or other treatment,by a contractor approved by Weld County Public Works Should the traffic
related to 1041 WOGLA24-0027 deteriorate the chemical application performed by the County,the
Operator will be responsible for re-applying chemical to return the road to pre-construction condition
Depending on the amount of maintenance,as related to traffic associated with this use,the Department of
Public Works may require an alternative treatment method which may or may not include topical chemical
application,full-depth chemical application,recycled asphalt,or other surface treatment
3 0 Repair Operator shall be financially responsible for its proportional share of the repair or
improvement,including but not limited to,excavation,patching,pavement and/or gravel repair,grading,
Bison IV Operating LLC-1041 WOGLA24-0027-RMA25-0001
Page 2 of 7
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Carly Koppes,Clerk and Recorder,Weld County CO
1111 lak.MEM IM10141I111
tnstallmg material on designated haul/travel routes The amount and extent of repair and/or paving measures
will be determined by site-specific conditions at the time,as determined exclusively by County personnel
Weld County and Operator will work together on a plan needed for repair of any roads,including who
performs the repair Operator shall provide the County with a pre-approved contractor to be used for repairs
4 0 Need for Immediate Repairs In the event of damage to a designated haul/travel mute 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 Operator of such Significant Damage
Operator shall identify the repair required and shall consult with County on the extent,type,toning,
materials and quality of repair(t e temporary versus permanent)within twenty-four(24)hours after receipt
of such notice and shall commence such repair wtthm forty-eight(48)hours after receipt of such notice If
Operator tdenttfim Significant Damage prior to receiving notice thereof from County,Operator may
commence repair of such Significant Damage and shall concurrently notify County of the extent,type,
timing,materials and quality of repair(t e temporary versus permanent)
5 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 or major gravel maintenance m 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 Operator in writing that the Off-Site
Improvements/Repairs shall be undertaken and shall provide an alternate haul route for the duration of those
repairs In County's sole discretion,County may undertake the repairs and/or improvements Operator's
payment for its Proportionate Share of the road repatrshmprovements will be calculated as determined m
this Agreement Operator will be mvoiced accordingly for those proportional share costs
6 0 Calculation of Operator's Proportional Share of Costs The County shall notify Operator of
County's preliminary determination and assessment of Operator's proportional share of costs of
maintenance,repair,or improvements to Operator's designated haul/travel routes Prior to County's final
determination and assessment,County shall provide Operator with a reasonable opportunity to review,
comment upon and supplement County's data,collection methodology,and determinations The County
shall review and consider Operator's input prior to making a final determination and assessment The
County shall have sole responsibility for determination of Operator's proportional share of costs Operator
agrees to pay such proportional share of costs within 30 days of receivmg an invoice from County
7 0 Annual Road Inspection County may conduct a road inspection annually with the cooperation of
Operator for the haul routes designated to 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/tmprovement/mamtenance work is to be performed dunng that construction season Notification to
the Operator of the required roadway repairs will be given as soon as the data become available
8 0 Notification The County shall notify Operator of County's preliminary determination and
assessment of Operator's proportionate share of costs of mamtenance,repair,or improvements to
Operator's designated haul/travel routes Prior to County's final determination and assessment,County
shall provide Operator with a reasonable opportunity to review,comment upon and supplement County's
data,collection methodology,and determinations The County shall review and consider Operator's input
prior to making a final determination and assessment
PART II:GENERAL PROVISIONS
A. Permits:The Operator is required to apply for and receive all permits required by the County or
any other applicable local,State,or federal permit,tncludmg but not limited to
Bison IV Operating LLC—1041 WOGLA24-0027—RMA25-0001
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Carly Koppes,Clerk and Recorder,Weld County,CO
!OM'Li 11111
1 0 Access Permits Operator 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
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,Operator has violated any of the terms
of this Agreement,County shall notify Operator of its belief that the Agreement has been violated and shall
state with specificity the facts and circumstances which County believes constitute the violation Operator
shall have fifteen(15)days withm 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 Operator to be in breach of this Agreement
2 0 Remedies for Breach by Operator In the event that County determines that Operator 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 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 completmg improvements as
described above
2 2 Revocation of 1041 WOGLA Permit Operator acknowledges that failure to comply with
the terms of this Agreement constitutes cause to revoke the 1041 WOGLA,and County may
exercise this option in its sole discretion by proceeding with revocation under the 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 rescission of
the underlying 1041 WOGLA permit approval under Weld County Code Chapter 21 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
Operator's complete cessation of all activities permitted by the 1041 WOGLA,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 m writmg by the Operator of cessation of activities,and verified by the County,
Bison IV Operating LLC—104I WOGLA24-0027—RMA25-0001
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Carly Koppes,Clerk and Recorder,Weld County,CO
�II�P4rJR,l4N l4TINNhiMh!OMANIA18i 111111
cessation shall only be presumed if the County determines that the site has been inactive for three
(3)years
3 3 Execution of Replacement Agreement This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Operator who has purchased the Property
or has assumed the operation of the business permitted by the 1041 WOGLA,and intends to make
use of the rights and privileges available to it through the then existing WOGLA
3 4 Revocation of 1041 WOGLA This Agreement shall terminate following County's
revocation of Operator's WOGLA,except that the Operator shall only be released from this
Agreement after the successful completion of any/all reclamation required under this Agreement
C. General Provisions:
1 0 Successors and Assigns
1 1 Except for the assignment of all or substantially all of Operator's assets,Operator may not
delegate,transfer,or assign this Agreement in whole or m 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,Operator's release of its obligations shall be accomplished by
County's execution of a new Agreement with the successor Operator 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 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-I0-101 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 m this Agreement It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only
5 0 Entire Agreement/Modifications This Agreement mcludmg the Exhibits attached hereto and
incorporated herein,contams 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
Bison IV Operating LLC-1041 W OGLA24-0027-RMA25-0001
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Carly Koppes,Clerk and Recorder,Weld County,CO
1111 ii r irrigledi ikiiLl KEAY MI11'iwW4 II III
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 Operator,concernmg
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 Operator 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 mtentional 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 m
construction of the improvements shall mamtam 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 Bmdmg 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 incorpoiated 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 authonzed and that the Agreement is a valid and legal agreement
bmdmg on such party and enforceable in accordance with its terms If requested by the County,Operator
shall provide the County with proof of Operator's authonty to enter into this Agreement within five(5)
days of receiving such request
12 0 Acknowledgment County and Operator 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 mcorporated Exhibits,is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or pnor agreements,oral or written,and any other communications between
the parties relating to the subject matte'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 m effect at the time of the
agreement,the terms of the Weld County Code shall control
Bison IV Operating LLC-1041 WOGLA24-0027-RMA25-0001
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Carly Kopoes,Clerk and Recorder,Weld County,CO
11111 PIPAZWiteilia,4 iP.1h NM lid Ill II
OPERATOR Bison IV Operating LLC
By 7 Date a)11 ry,ZN—
Name ,f a ewr- P2f,7ju't
Title CV
STATE OF COLORADO
ss
County of Weld
The foregoing instrument was acknowledged before me this ig`day of Jnc -.l.,
2025 by Rohe,} i?et,tn; a S LV?
WITNESS mand an official seal
CORY NEIGHBORS
NOTARY PUBLIC o Public
STATE OF COLORADO
NOTARY ID 20194003449
MY COMMISSION EXPIRES 06/29l2027
WELD COLGam(
ATTEST �I• �u'r BOARD OF COUNTY COMNIISSIONERS
Weld County Cl rk to the Board WELD COUNTY,COLORADO
BY �jl,,1
769VC Deputy Clerk to the Board erry L ck,Chair
�,��•,� MAR 1 0 2025
f\\ELscw
pm, fkoz,
prr
Bison IV Operating LLC-1041 W0GLA24-0027-RMA25-0001
Page 7 of 7
201.5 tt051)
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Carly Koppes,Clerk and Recorder,Weld County,CO
IIIII I FAM I Ind'I A'dik1'Ki a faihl:1 Yak 11111
EXHIBIT
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5015758 Pages : 8 of 8
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Carly Koppes , Clerk and Reco rde r , W eld C ounty , CO itivirliktiii«' iiiii FAil �.1�1��i P." hi 'iii 11111
III williirtri:
Contract Form
Entity Information
Entity Name* Entity ID* ❑ New Entity?
BISON IV OPERATING LLC @00047643
Contract Name* Contract ID Parent Contract ID
ROAD MAINTENANCE AGREEMENT 1041 WOGLA24- 9149
0027 BISON IV OPERATING LLC
Contract Lead* Requires Board Approval
Contract Status JTRUJILLOMARTINEZ YES
CTB REVIEW
Contract Lead Email Department Project#
jtrujillomartinez@weld.go
v
Contract Description*
ROAD MAINTENANCE AGREEMENT 1 041 WOGLA24-0027 BISON IV OPERATING LLC NO COLLATERAL REQUIRED
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PLANNING Date* 03/01 /2025
03/05/2025
Amount* Department Email
$0.00 CM-Planning@weld.gov Will a work session with BOCC be required?*
NO
Renewable* Department Head Email
NO CM-Planning- Does Contract require Purchasing Dept. to be
DeptHead@weld.gov included?
Automatic Renewal
NO
County Attorney
Grant GENERAL COUNTY
ATTORNEY EMAIL
IGA 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
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 Review Date* Renewal Date
03/05/2026
Termination Notice Period Committed Delivery Date Expiration Date*
03!05r2027
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
DAWN ANDERSON CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
03/04/2025 03 04 2025 03 04 2025
Final Approval
BOCC Approved Tyler Ref#
031025
BOCC Signed Date Originator
JTRUJILLOMARTINEZ
BOCC Agenda Date
Hello