HomeMy WebLinkAbout20253056.tiff aoY calk qc t3
MEMORANDUM
TO: Clerk to the Board
�� 1861
r\;t- `/ �` DATE: October 10, 2025
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-'\l /� %� � FROM: Jazmyn Trujillo-Martinez, Planning Services Dept.
ou_NTY
ISUBJECT: BOCC Agenda Item—Approve Road Maintenance
During Construction Agreement For:
Verizon Wireless—USR24-0020
Request to Approve Road Maintenance During Agreement:
The Department of Planning Services received a request from the applicant, Version Wireless,
requesting that the Board of County Commissioners consider approving the Road Maintenance
During Construction Agreement for(USR24-0020).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 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 Road Maintenance Agreement According To Policy for
USR24-0020, and that this item be placed on the next regularly scheduled BOCC Hearing, as part
of the Consent Agenda.
cc: Dawn Anderson, Planning Services
ns�x,� Nckst _C' cc:PL(DA/STM/KR/1�IW� 2025-3056
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ROAD MAINTENANCE AGREEMENT ACCORDING TO
REQUIREMENTS DURING THE CONSTRUCTION PERIOD
Verizon Wireless-USR24-0020
THIS AGREEMENT is made this 1 day of h TLb,E'/[202 , by and between Cellco
Partnership d/b/a Verizon Wireless, 9656 South Prosperity Road, with a principal office address of One
Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920; with a notice address of 180
Washington Valley Road, Bedminster, New Jersey 07921, hereinafter referred to as "Property Lessee,"
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, Kenneth Everitt of 53863 County Road 136, Pine Bluffs, Wyoming 82082 is the owner
of the following described property in the County of Weld,Colorado:
Part of the W1/2 of Section 15, Township 10 North,
Range 61 West of the 6th P.M.,Weld County,Colorado
hereinafter referred to as "the Property,"and
WHEREAS,Property Lessee has leased space at the Property for the construction of a communications
facility, and requires use of County roadways to transport construction equipment to and from the Property,
and
WHERAS,Property Lessee has received the Board of County Commissioners conditional approval of
USR24-0020, and
WHEREAS, the Property Lessee facility will generate additional vehicles and heavy traffic directly
associated with USR24-0020,for a short period of time during construction of the communications facility;and
WHEREAS, the County, and Property Lessee are desirous of agreeing to terms involving regulation
of haul routes, traffic control, and road wear arising from such additional traffic.
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. Term: The term of this Agreement shall commence upon the mutual execution of the Agreement by
the parties, and shall extend for such period of time until Property Lessee has completed construction of the
communications facility at the Property and Property Lessee notifies the County in writing of such completion
of construction and the County performs a post construction inspection of the affected roadways(the"Term").
B. Haul/Travel Routes: The Property Lessee shall be financially responsible for its proportional share
of the associated costs for 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)East and west along CR 118 between approved site access and CR 390.
2)North and south along CR 390 between Grover and State Highway 14.
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2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 118 and travel east-west to
the nearest paved road for further dispersal. Any County roads used by traffic associated with USR24-0020
may become part of the established haul/travel routes.
3.0 Weight Limits.No travel vehicles may exceed CDOT required specifications for pounds-per-axle and
axle configurations unless overweight permits have been applied for and granted.
4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
above-mentioned haul/travel route for a limited period(six months or less), Weld County Planning Services
may authorize, in writing, the deviation. In that circumstance, haul/travel 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 Lessee.
5.0 Haul Route Signage. Property Lessee shall install travel route signs, if applicable, as per Manual of
Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by
drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this
Agreement,no use of any roads other than those specifically authorized for use in this Agreement is permitted
without the prior written amendment of this Agreement.
C. Maintenance Requirements:
1.0 Off-Site Dust Control/Abatement. The Property Lessee is required, during the Term, to provide dust
abatement along affected haul route roads, as determined by the County. County will determine the
proportionate share of dust control to be paid by Property Lessee. The amount and extent of dust control
measures will be determined by site-specific conditions at the time, as determined exclusively by County
personnel.The County reserves the right to install traffic counters on the driveway(s)of the Property Lessee's
facility. The County will have sole responsibility for determination of the percentage of haul route traffic on
all affected roads.
2.0 Obligation to Maintain Current and Future Haul Routes. Property Lessee will be financially
responsible for the excavation,repair,and patching of any damage on current or future haul route roads during
the Term, which in the sole opinion of County has been created by vehicle traffic to and from the Property.
Should Property Lessee's site activities or vehicle circulation patterns change in the future so that County
approves an alternate haul route,and all or a significant portion of Property Lessee's sourced traffic no longer
utilizes the above-described haul route and instead utilizes other portions of County roads, Property Lessee
shall cooperate with County in maintenance of said roads which are included within the new haul route. The
type and method of repair will be determined by the County Engineer or his representative. Repairs shall
commence within 48 hours of notification by the County for any roadway damage that exposes the driving
public to adverse or unsafe driving conditions. All other repairs shall commence within thirty (30) days of
receipt of Weld County's written notice.
2.1 Need for Immediate Repairs. In the event of damage to an Approved Haul Route by Project traffic
during the Term that causes an immediate threat to public health and safety or renders the road
impassible("Significant Damage"),County shall,after inspection,notify Property Lessee of such
Significant Damage. Property Lessee 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 Lessee identifies
Significant Damage prior to receiving notice thereof from County, Property Lessee may
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Carly Koppes, Clerk and Recorder, Weld County , CO
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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).
2.2 In County's sole discretion, County may undertake the repairs and/or improvements. Property
Lessee's payment for its Proportionate Share of the road repairs/improvements will be calculated
as described in this Agreement.
3.0 Proportionate Share of Road Maintenance Responsibilities.
3.1 Property Lessee shall pay its Proportionate Share of costs of dust control/abatement, paving,
repairs,or maintenance of any particular Haul Route Road. Property Lessee's Proportionate Share
shall be based upon the percentage of traffic on the road that is attributable to Property Lessee's
facility. County personnel will determine the percentage based on then current Equivalent Single
Axle Load(ESAL)Counts. Property Lessee shall not be responsible for traffic that is not sourced
from the Property Lessee's facility.
3.2 The County shall notify Property Lessee of County's preliminary determination and assessment
of Property Lessee's proportionate share of costs. Prior to County's final determination and
assessment, County shall provide Property Lessee with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and determinations. The
County shall review and consider Property Lessee's input prior to making a final determination
and assessment. The County shall have sole responsibility for determination of Property Lessee's
proportionate share of costs.
Part II: GENERAL PROVISIONS
A. General Requirements:
1.0 Permits.Property Lessee 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. Access Permits. Property Lessee 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.
2.0 Release of Liability. Property Lessee 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 said design and construction of the site specific Use
associated with USR24-0020, and pay any and all judgments rendered against the County on account of any
such suit, action or claim, 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
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Carly Koppes, Clerk and Recorder, Weld County , CO
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arising from the intentional torts or the gross negligence of the County or its employees while acting within
the scope of their employment.
3.0 Liability for Damage to Road. Property Lessee shall be financially responsible for any and all damage
caused to any Weld County Road during the Term as a result of the design and construction of the site-specific
Use associated with USR24-0020, without regard to the negligence, or lack thereof, of Property Lessee or its
agents. This provision shall survive Termination of this Agreement pursuant to section B.2.0,below,and shall
be of no further force and effect ten years after mutual execution of this Agreement.
B. Violations of Agreement and Remedies
1.0 Violation of Terms of Agreement.If in County's reasonable opinion,Property Lessee has violated any
of the terms of this Agreement,County shall so notify Property Lessee and shall state with specificity the facts
and circumstances which County believes constitute the violation. Property Lessee shall have thirty(30) days
within which to either cure the violation or demonstrate compliance.Thereafter,County may seek any remedy
described in this Agreement or otherwise provided by law.
2.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events:
2.1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
Property Lessee's complete cessation of all activities permitted by the USR. A partial cessation of
activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a
partial release constitute a Termination. Unless informed in writing by the Property Lessee of
cessation of activities, and verified by the County, cessation shall be presumed if the County
determines that the USR has been inactive for three(3)years.
2.2 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Property Lessee or Operator who has
purchased the Property or has assumed the operation of the business permitted by the USR and
intends to make use of the rights and privileges available to it through the then existing USR.
2.3 Revocation of USR. This Agreement shall terminate following County's revocation of Property
Lessee's USR, except that the Property Lessee shall only be released from this Agreement after
the successful completion of all improvements required under this Agreement.
2.4 Completion of Construction. This Agreement shall terminate following Property Lessee's
completion of construction of the facilities authorized by the underlying USR. Property Lessee
shall notify the County of completion.
3.0 Revocation of USR. Property Lessee acknowledges that failure to comply with the material terms of
this Agreement constitutes cause to revoke the USR,and County may exercise this option in its sole reasonable
discretion by proceeding with revocation under the then current provisions of the Weld County Code.
4.0 Court action.Upon notice of violation and failure to cure within the time permitted by this Agreement,
County may seek relief in law or equity by filing an action in the Weld District Court.
C. Miscellaneous Provisions.
1.0 1.0 Successors and Assigns.
1.1 Property Lessee 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
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be unreasonably withheld by County. In such case, Property Lessee's release of its obligations shall
be accomplished by County's execution of a new Improvements Agreement with the successor owner
of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision,to the extent that this Agreement is then capable of execution within the original intent of the
parties.
3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq.,as applicable now or hereafter amended.
4.0 No Third-Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement
may be changed or supplemented only by a written instrument signed by both parties.
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until
it has been approved by the Board of County Commissioners of Weld County, Colorado,or its designee.
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 Lessee,
concerning this Agreement,the parties agree that each party shall be responsible for the payment of reasonable
attorney fees and/or legal costs incurred by or on its own behalf
9.0 Release of Liability. Property Lessee 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
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Carly Koppes, Clerk and Recorder, Weld County , CO
11111 FOILfi 'IC IRS 1ti11A111+141013+ 111111
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 Lessee shall provide
the County with proof of Property Lessee's authority to enter into this Agreement within five (5) days of
receiving such request.
12.0 Acknowledgment. County and Property Lessee 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.
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Carly Koppes, Clerk and Recorder, Weld County , CO
�.r�I�MUM 104,HA lifi i 1,4Y4rh 111111
PROPERT ESSEE: ellco Partnership d/b/a Verizon Wireless
By: i6,0 Date ( 0 1 Zc2 2 `�
Name:
Sr Dir-Mwk Engineering
Title:
DEBRA K CAMPBELL
NOTARY PUBUC
STATE OF COLORADO
STATE OF �� ) NOTARY ID 20194009768
MY COMMISSION EXPIRES MARCH 11,2027
ss.
County of 1)0 Uaj LDS )
The foregoing instrument was acknowledged before me this day of Qc-1'0
202 ,by Cl1'1 I 01 k s ' n t r � "c l�l5►'tL- [hP�'Y n
Gk � J
WITNESS my hand and official seal.
Notary Public
WELD COUNTY: ,,,,��,,��
ATTEST: �'d A®tA BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY: IJt)-14,1 acFa / L
Deputy lerk to the Board merry L. B k, Chair 2025
NOV 0 5
4
471
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Carly Koppes, Clerk�111 I���I��N .l �lll h.WAMEN l 1411111 Z oZs -3 05(0
Contract Form
Entity Information
Entity Name* Entity ID* Q New Entity?
VERIZON WIRELESS @00012762
Contract Name* Contract ID Parent Contract ID
ROAD MAINTENANCE DURING CONSTRUCTION 9993
AGREEMENT VERIZON WIRELESS USR24-0020
Contract Lead* Requires Board Approval
Contract Status JTRUJILLOMARTINEZ YES
CTB REVIEW
Contract Lead Email Department Project#
jtrujillomartinez@weld.go
v
Contract Description*
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT VERIZON WIRELESS USR24-0020 NO COLLATERAL
REQUIRED
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PLANNING Date* 10/16/2025
10/20/2025
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
10/20/2026
Termination Notice Period Committed Delivery Date Expiration Date*
10/20/2027
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 RUSTY WILLIAMS BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
10/15/2025 10/16/2025 10/16/2025
Final Approval
BOCC Approved Tyler Ref#
AG110525
BOCC Signed Date Originator
JTRUJ I LLOMARTI N EZ
BOCC Agenda Date
Hello