HomeMy WebLinkAbout20250277.tiffResolution
Approve Waterline Crossing and Culvert Replacement Agreement for Windsor
Reservoir Outlet Ditch, aka Springer Ditch, and authorize Chair to sign — Various
Entities
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 Waterline Crossing and Culvert
Replacement Agreement for the Windsor Reservoir Outlet Ditch, aka Springer Ditch,
among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Departments of Public Works and
Planning Services, WRCC, Inc., Prairie Song Development, LLC, and the Town of
Windsor, commencing upon full execution of signatures, with further terms and conditions
being as stated in said agreement, and
Whereas, said waterline construction will take place on a parcel of land being more
particularly described as follows:
NW1/4 of Section 9, Township 6 North,
Range 67 West of the 6th P. M., Weld County,
Colorado, and
Whereas, said culvert replacement will take place on a parcel of land being more
particularly described as follows:
SW1/4 of Section 4, and a portion of the NW1/4
of Section 9, both in Township 6 North,
Range 67 West of the 6th P. M., Weld County,
Colorado, 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 Waterline Crossing and Culvert Replacement Agreement for the
Windsor Reservoir Outlet Ditch, aka Springer Ditch, among the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Departments of Public Works and Planning Services, WRCC, Inc., Prairie Song
Development, LLC, and the Town of Windsor, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
Gc:PL(DE/MW/DA PW(CH/DN/oD/S$)
oa /►y/25
2025-0277
EG0083
PL0073
Waterline Crossing and Culvert Replacement Agreement for Windsor Reservoir Outlet
Ditch, aka Springer Ditch — Various Entities
Page 2
The Board of County Commissioners of Weld County, Colorado, adopted the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 27th day of January, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0277
EG0083
PL0073
MEMORANDUM
TO: Board of County Commissioners
DATE: January 27, 2025
FROM: Dawn Anderson, Development Review Manager
SUBJECT: WCR 72 Waterline Crossing and Culvert
Replacement Agreement
The Departments of Planning Services and Public Works requests the Board's consideration of a
Waterline Crossing and Culvert Replacement Agreement. The agreement is between the ditch
company, WRCC, Inc. and Prairie Song Development, LLC, the Town of Windsor, and Weld
County. The agreement outlines the roles and responsibilities of each entity in relation to the
installation of a 12 -inch waterline and the replacement/extension of an existing culvert pipe that
both cross the prescriptive easement of the Windsor Reservoir Outlet Ditch (aka "Springer Ditch").
The Departments of Planning Services and Public Works, as well as the County Attorney's Office
have reviewed the agreement and staff recommends approval.
2025-0277
EC pOg3
PLO -13
5008157 01/29/2025 09:00 AM
Total Pages: 57 Rec Fee: $293.00
Carly Koppes - Clerk and Recorder, Weld County , CO
WATERLINE CROSSING AND
CULVERT REPLACEMENT
AGREEMENT
THIS WATERLINE CROSSING AND CULVERT REPLACEMENT AGREEMENT
("Agreement") is made and entered into this 27 day of January , 20 25 , by and
between WRCC, Inc., a Colorado Mutual Ditch Company and Non -Profit Corporation,
("Grantor") whose address is 106 Elm Avenue, Eaton, CO 80615, and Prairie Song
Development, LLC, a Colorado limited liability company whose address is 4801 Goodman Street,
Timnath, CO 80547, ("Developer"), The Town of Windsor, a Colorado home rule municipality
whose address is 301 Walnut St., Windsor, CO 80550, ("Windsor"), and Weld County, a body
corporate and politic, by and through its Board of County Commissioners, whose address is
1150 "O" Street, Greeley, Colorado 80631, ("County"). Developer, Windsor, and the County
may be referred to collectively as the "Grantee". Grantor and Grantee may he collectively
referred to as the "Parties."
RECITALS
A. Grantor is the owner of that certain irrigation and ditch system known as the Windsor
Reservoir Outlet Ditch (aka "Springer Ditch") located in Weld County, Colorado,
referred to herein as the "Ditch".
B. Grantor has a prescriptive easement for the earthen Ditch, including sufficient areas on
each side of the Ditch to allow the Grantor to fully enjoy and utilize the easement and
right of way in accordance with §37-86-103, C. R. S., by virtue of historic use, but may
not have fee ownership of the underlying land.
C. Developer and Windsor desire a license to cross the Ditch and to construct, maintain,
repair, replace, operate, inspect, survey, and remove, if necessary, one (1), 12 -inch
PVC pipeline containing fresh water ("Waterline"). The Waterline will be installed
by directional bore under the Ditch in one (1) location in the NW '/< Section 9,
Township 6 North, Range 67 West of the 6'h P.M., in Weld County, Colorado. The
Waterline is identified and is to be constructed in accordance with the plans and
specifications and as shown on Exhibit A, attached hereto and made a part hereof by
this reference. The Waterline shall be constructed such that the top of the Waterline is
at least six feet (6') below the bottom of the Ditch as specified in Exhibit A.
D. In addition to the Waterline, Developer and County desire a license to replace, extend,
construct, install, maintain, alter, operate, repair and remove an existing culvert which
crosses and conveys Springer Ditch under Weld County Road 72 ("Culvert"), and
which is a pan of the ditch. The right-of-way of the culvert crosses the Grantor's
easement, and certain structures will be constructed within and across the ditch
easement. Culvert is located in a portion of the SW 'fa of Section 4 and a portion of the
NW 1/a of Section 9, Township 6 North, Range 67 West of the 6'h P.M., in Weld
County, Colorado. The Culvert is identified and is to be constructed in accordance
with the plans and specifications and as shown on Exhibit A, attached hereto and
made a part hereof by this reference.
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E. The Waterline and Culvert as described above may collectively be referred to herein
as the "Crossings".
F. Developer and Windsor understand and assume the inherent risk of damage that
may be caused to the Waterline being placed under the Ditch due to seepage, soil
conditions, settling, corrosion, and/or Grantor's operation and maintenance of the
Ditch.
G. Grantor is willing to grant Grantee licenses for the Crossings pursuant to the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this Agreement, and for valuable consideration, the adequacy of which is hereby
acknowledged, the Parties mutually agree as follows:
1. The above Recitals arc accurate and are incorporated herein by reference.
2. Grantor does grant to Developer and Windsor, their successors, assigns, and
others deemed necessary by them, a license whirls shall be perpetual and non-
exclusive to enter upon its ditch and easement to construct, maintain, repair, replace,
operate, inspect, survey, and remove, if necessary, the Waterline ("Waterline
License"). The License shall include the right of ingress and egress as is reasonable
and necessary for the exercise of Developer and Windsor's rights granted herein.
3. Furthermore, Grantor does grant to Developer and Windsor, their successors, and
assigns, the right to mark the location of the Waterline with suitable nonflammable
markers set in or on the ground, which Developer and Windsor agree to do upon
completion of the installation of the Waterline, provided that said markers shall be
placed in locations which will not interfere with any reasonable access, maintenance
or use of the Ditch by Grantor. A condition of the License is that Developer provides
to Grantor, within 60 days of completion of the Crossing, copies of as -built drawings
illustrating the actual depth below the Ditch of the Waterline and a detailed
description of the location of the same. The as -built drawings shall be signed and
stamped by a Colorado -registered professional engineer
4. Developer agrees to provide and pay all costs and expenses relating to the design and
construction of the Waterline. Developer shall obtain Grantor's prior approval, which
shall not be unreasonably withheld, delayed, or conditioned to changes in the
construction plans if they result in a larger disturbance area within the Grantor's ditch
or easement during the construction of the waterline. Prior to construction acceptance
by Windsor, Developer agrees to provide and pay all costs and expenses relating to
the maintenance, upkeep, repair, replacement, operations and removal, if necessary, of
the waterline. Windsor agrees to provide and pay all costs and expenses relating to the
maintenance, upkeep, repair, replacement, operation and removal, if necessary, of the
waterline after issuance of construction acceptance by Windsor.
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5. Grantor does grant to Developer and County, their successors, assigns, and others
deemed necessary by them, a license which shall be perpetual and non-exclusive
to enter upon its ditch and easement to construct, extend, maintain, repair, replace,
operate, inspect, survey, and remove, ifnecessaty, the Culvert ("Culvert License").
The License shall include the right of ingress and egress as is reasonable and
necessary for the exercise of the Developer and County's rights granted herein.
6. Developer agrees to provide and pay all costs and expenses relating to the design and
construction of the Culvert. Developer shall obtain Grantor's prior approval, which
shall not be unreasonably withheld, delayed, or conditioned to changes in the
construction plans if they result in a larger disturbance area within the Grantor's ditch
or easement during the construction of the waterline. Pursuant to C.R.S. § 37-84-106,
the County agrees to pay all costs and expenses relating to the maintenance, upkeep,
repair, replacement, operation and removal, if necessary, of the culvert after
completion of construction.
7. Grantor shall be entitled to review the Plans. Grantor's review of the plans is solely
for its own benefit and creates no obligation to Grantor. The Grantor and its agents
and consultants do not warrant or guarantee the adequacy of the design. The Grantor
shall be entitled to inspect the waterline and culvert during and following construction
for purposes related to carriage of water in the Ditch, and compliance with the terns
of this Agreement.
8. Any installation or construction of additional crossing(s) under the Ditch other than
what is provided for in this Agreement is subject to Grantor's sole discretion and
subject to a fixture agreement.
9. In addition to this Agreement, Grantee agrees to obtain front the landowners who own
fee simple title to the lands upon which Grantor's property is located, and from the
owners of any existing pipelines, utility lines or other structures on, over, across or
under the construction area an easement or other written permission to cross such
lands prior to commencing construction.
10. The Licenses shall be perpetual unless Grantee ceases to use their respective
Crossings for a period of ten (10) years after which time the applicable License shall
be deemed abandoned and terminated and all Grantee's rights under this Agreement
shall also terminate.
1 1 . The scope of this Agreement and the extent of the Licenses granted in Paragraph
and 5 of this Agreement is hereby limited to the extent reasonably necessary to install,
maintain or remove the Crossings in the locations and condition approved by this
Agreement. If the Crossings must be moved, altered, or enlarged at any time, or
otherwise the construction of the Crossings is not as described in Exhibit A, notice of
the same must be given to Grantor, and this Agreement will be considered null and
void, and a new agreement will be required.
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12. Developer agrees not to commence construction and installation of the Crossings
before November 1, 2024. Developer also agrees not to commence construction and
installation of the Crossings without first having coordinated a specific start date with
Grantor, which request shall be directed to the WRCC, Inc. at the contact information
in this paragraph. Grantor reserves the right to have its employees and/or its
engineers on the premises as it feels necessary to inspect the installation of the
Crossings. Should Grantor elect to have its engineers on the premises during the
installation of the Crossings, then Grantee shall reimburse Grantor for the costs
associated with having Grantor's engineer onsite, to be paid by Grantee in accordance
with paragraph 29 of this Agreement.
WRCC, Inc.
106 Elm Ave.
Eaton, CO 80615
ditchinfo@eatonditch.com
970-454-3377
13. Upon receiving such request, Grantor will then notify Grantor's employees and/or its
engineers to contact the Developer to coordinate the work. Installation of the
Crossings shall proceed expeditiously and with reasonable diligence and be completed
on or before April 11, 2025. If the construction of the Waterline and Culvert
interrupts the Grantor's ability to transport water, Developer shall, at Developer's sole
expense and in coordination with the Grantor, take actions which are reasonably
necessary to resume flow of water in the ditch as soon as possible. Without limitation,
such actions may include installation of a bypass channel or culvert of sufficient
capacity to deliver water past the location of the Waterline and Culvert, and obtaining
replacement water to be delivered below the Waterline and Culvert commensurate
with the demands for water below that point. If, during the course of construction of
the Crossings, Developer encounters unforeseen problems or issues, or if the
Developer changes the plans from those set forth on Exhibit A, the Developer agrees
to contact the Grantor's General Manager to discuss any such issues or proposed
revisions to Exhibit A. Any notice required or permitted by this Agreement shall be
in writing and shall be deemed to have been sufficiently given for all purposes if sent
by email with a return receipt requested or certified or registered snail, postage and
fees prepaid, addressed to the party to whom such notice is intended to be given at the
address set forth below, or at such other address as has been previously furnished in
writing to the other party or parties. Such notice shall be deemed to have been given
when the entail is sent or been deposited in the U.S. mail. The Developer also agrees
to notify the Grantor when the Crossings have been completed.
The Grantee's contact person for the Crossings will be:
Prairie Song Development, LLC:
Shane T. Westlind, Hartford Homes
VP of Land
4801 Goodman Street
Timnath, CO 80547
swcstliulut:hart t'orilco.corn
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(970) 217-7147
Town of Windsor:
John Thornhill, Community Development Director
301 Walnut Street
Windsor, CO 80550
conttnunitydeveloptttcnt « wintlsrricov.cont
970-674-2400
Weld County:
Curtis Hall, Public Works Director
1111 H Street
Greeley, CO 80632
rhall�;�r;�w eld.t uti
970-400-3721
14. Windsor and the County also agree not to commence any work related to
maintenance, repair, replacement, inspection, and/or removal of their respective
Crossings (except for emergencies) without first having given Grantor at least ten (10)
days' notice prior to the commencement of such work, and having obtained the
consent and approval from Grantor, which approval will not be unreasonably
withheld. Approval shall be withheld if the necessary drawings, specifications and/or
any other documentation requested by Grantor are either not submitted by Windsor or
the County or are deemed insufficient to evaluate the work to be undertaken. Grantor
reserves the right to have its engineers review any such drawings, specifications, or
other documentation. In the event the Grantor's engineer and the Grantee's engineer
disagree, the Parties agree to work as cooperatively as possible toward a resolution. If
a resolution cannot be reached, the requirements of the Grantor's engineer shall
prevail. Once Windsor or the County receives approval to commence the work to be
undertaken, Grantor further reserves the right to have its employees and/or its
engineers on the premises as it feels necessary to inspect the work. Windsor attd the
County shall not commence any of the above -listed activities (except for emergencies)
on the Crossings when Grantor is running water in the Ditch, except with express
written approval by Grantor.
15. Grantee agrees that in constructing, maintaining, repairing, replacing, operating,
inspecting, surveying, and removing their respective Crossings, whether in an
emergency or not, it shall do so in such a manner as not to damage the Ditch,
embankments, fences, roads or other property associated with the Ditch, and so as not
to compromise the flow of water or the water quality in the Ditch. The determination
of whether or not damage or compromise has occurred shall be within the sole
reasonable discretion of Grantor. Grantor shall provide timely notice to the
Developer, County and Windsor, whenever it has discovered a damage to the Ditch or
associated property has occurred, or the flow or quality of water in the Ditch has been
compromised. The Developer, County or Windsor shall have thirty (30) days from the
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issuance of such notice to cure or substantially cure the defect, unless such damage
constitutes an emergency, in which case Grantor may demand immediate action
within 24 hours by the Developer, County or Town to cure the damage each is
responsible for.
16. The exercise of Grantor's right to have its employees and/or its engineers on the
premises for the purpose of inspecting any work related to the constructing,
maintaining, repairing, replacing, operating, inspecting, surveying, and removal of the
Crossings, shall in no way be construed as to alleviate Grantee of its responsibility to
perform any such work in accordance with this Agreement, nor shall it be construed to
alleviate Grantee of the liabilities associated with not complying with this or any other
section of this Agreement. Grantee shall ensure that its activities in completing the
Crossings does not increase seepage from the Ditch. Without limiting the damages or
remedies available under other provisions of this Agreement to Grantor or the liability
of Grantee under this Agreement, if seepage occurs or flow of water in the Ditch is
otherwise impaired due to Grantee's activities hereunder, Grantee shall make such
repairs as are necessary to stop it, including, without limitation, installation of
bentonite shiny lining material. Grantee agrees that it will not prevent, impede or
restrict Grantor's vehicular access to the Ditch. Upon Grantor's notification to the
Grantees, and to the extent permitted by Colorado law, if deliveries cannot be made to
Grantor's shareholders or others with a right to receive water from Grantor, at points
below the location of the Crossings due to Grantee's activities hereunder, for inure
than twenty-four (24) consecutive hours, the Parties agree that the responsible Grantee
shall pay Grantor $25,000 per day for each day, as a non-refundable approximation of
partial damages hereunder, which payment the responsible Grantee shall make within
ten (10) days of notice from Grantor that such deliveries could not be made. Nothing
in this agreement shall be interpreted to prohibit or prevent Grantor front seeking
additional damages, should such damages exceed $25,000 per day, subject to proof of
actual damages. It is understood and agreed that the obligations of Windsor as set
forth herein shall be subject to annual appropriation. Nothing herein shall be deemed a
multiple fiscal -year obligation in violation of Article X, Section 20 of the Colorado
Constitution. Nothing herein shall be deemed a waiver by Windsor of any notice
requirements, defenses, immunities or limitations to liability that Windsor may have
under the Colorado Governmental Immunity Act, pursuant to Section 24-10-101,
C.R.S., et seq., and to any other defenses, immunities or limitations to liability
available to Windsor under the law.
17. Any and all excavations made by Grantee in its constructing, maintaining, repairing,
replacing, operating, inspecting, surveying, and removing their respective Crossings
shall be immediately leveled off, and any damage to the Ditch, embankments, fences,
roads or other property associated with the Ditch (excluding the damage caused by
the intentional wrongdoing or negligence of Grantor) shall be promptly repaired to the
reasonable satisfaction of Grantor and at the expense of the responsible Grantee.
18. Windsor and the County agree that they will at all times maintain their respective
Crossings and repair all breaks, leaks, and damages therein and thereto at their own
expense. Windsor and the County further agree that, if by reason of any break, leak,
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or damage to the Crossings (excluding breaks, leaks, or damage caused by the
intentional wrongdoing or negligence of Grantor), damage in and to the Ditch and
arjuty to the property of Grantor and/or property owners adjacent to the Ditch and its
embankments is sustained, including damages sustained by Grantor's stockholders or
water users, then Windsor or the County will, with all due diligence and at their own
expense, repair and replace such property in the same condition as such property was
in prior to such break, leak or damage its and to the Crossings. In the event either
Windsor or the County fails to adequately and timely perform such repair, the Grantor
may perform such repair, and either Windsor or the County shall reimburse the
Grantor for all reasonable expenses. In the event water carried by the Ditch becomes
contaminated or is physically unable to be delivered to Grantor's shareholders or
others with a right to receive water from Grantor, as a result of such break, leak, or
damage to the Crossings, the Parties agree the partial damages provision in paragraph
16 of this Agreement shall apply.
19. Grantee further agrees that, if at any time the Crossings cause any settling in the Ditch
embankments, the roads thereon. or any part of the Ditch (excluding any settling
caused by the intentional wrongdoing or negligence of Grantor), it will, at its own
expense and upon notification by Grantor, immediately make all reasonable repairs
required by Grantor.
20. The Grantor shall be pernaitted to inspect the crossings as it deems necessary to
protect its interests. Upon completion of the crossing work, Grantee shall coordinate a
facility inspection with the Grantor. The Grantor's right to inspect the crossings shall
in no way relieve the Grantee of its responsibility to perform such work in accordance
with this Agreement, nor shall it be construed to alleviate the Grantee from its
liabilities associated with trot complying with this or any other section of this
Agreement or for improper construction. The Grantor's inspection is for the sole
benefit of the Grantor and shall create no obligation to the Grantor.
21. Grantee shall purchase and maintains such insurance as shall protect Grantor from
claims which may in any way arise out of or be in any manner connected with
Grantee's performance of this Agreement, whether such claims arise out of the act or
failure to act of the Grantee or of the direct or indirect agent, contractor, delegee,
appointee, or employee of Grantee. All such insurance policies shall be endorsed to
show that the insurers waive subrogation against Grantor, its directors, officers,
employees and shareholders. Grantee's insurance policies shall identify Grantor as an
additional insured. Grantee hereby represents and ensures all Grantee contractors have
obtained the same insurance required for Grantee and ensures all third -party
contractors have Certificates of Insurance for said policies. Certificates of Insurances
acceptable to Grantor shall be submitted to Grantor upon the Grantor's request.
22. By virtue of entering into this Agreement, the Grantor assumes no liability for the use,
operation or existence of the Grantee's Crossings and assumes no additional
responsibilities or obligations related to the Crossings as depicted in Exhibit A.
Grantee shall bear the costs and risks from any and all third party claims and damages
that the Grantee's construction, installation, maintenance, repair, removal,
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replacement, operation, inspection, survey and/or restoration may directly or
indirectly cause. The Grantee hereby releases the Grantor, its officers, directors,
successors, assigns, employees, agents and stockholders from any and all claims and
damages whatsoever arising from the Crossings, or any other activities located on, in,
along, across or over the Grantor's property interests.
23. To the extent permitted by law, Grantee further agrees to indemnify and hold harmless
Grantor, its successors, assigns, employees, agents and stockholders on account of any
damage or loss sustained by them or any of them arising by reason of the construction,
laying. installation, maintenance, repair, replacement, operation, inspection, survey,
and/or removal of the Crossings, excluding damage or loss caused by the intentional
wrongdoing or negligence of Grantor.
24. lf, in the future, Grantor should desire to enlarge, deepen or otherwise change or
relocate the Ditch or to construct any other canal, Ditch or waterway on the Ditch or
to do any other thing incident to the operation of the Ditch or any other portion of the
irrigation system of Grantor, Grantor shall communicate the same to Grantee at least
sixty (60) days prior to carrying out the aforementioned changes. After being so
notified, Grantee agrees, at Grantee's expense and with all due diligence, to change,
relay and reconstruct its Crossings so as to comply with such plans and specifications
as Grantor may prescribe as being reasonably necessary to permit the change and the
proper maintenance and operation of Grantor's Ditch.
25. To the extent permitted by law, Grantee agrees to protect Grantor and hold it harmless
from any and all third -party claims and damages that said Crossings and their
construction, installation, maintenance, repair, replacement, operation, inspection,
survey, and/or removal may directly or indirectly cause. Grantee hereby releases
Grantor, its successors, assigns, employees, agents and stockholders from any and all
claims and damages of whatsoever character to the Crossings or other property of
Grantee located in, along, across, over or tinder the Ditch arising out of either seepage,
soil conditions, settling, corrosion, and/or Grantor's operation and maintenance of the
Ditch or other portions of Grantor's irrigation system, or resulting from any other act
either on the part of Grantor or on the part of any third party, excluding claims or
damages caused by the intentional wrongdoing or negligence of Grantor.
26. This Agreement in no way restricts the Grantor's right to the use of its property
interests to construct, operate, repair or maintain all existing structures and facilities of
the Ditch. Grantee agrees that it will not prevent, impede or restrict Grantor's
vehicular access to the Ditch.
27. The Licenses herein granted to Grantee shall continue as long and only so long as
Grantee, its successors and assigns, shall faithfully and promptly comply with this
Agreement. In the event of breach by Grantee, Grantor may terminate and revoke this
Agreement with thirty (30) days prior notice to Grantee to allow Grantee the
opportunity to cure any of its defaults hereunder.
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28. The waiver by any party to this Agreement of a breach of any term or provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach by
any party.
29. In the event of a dispute or a breach arising under this Agreement, the prevailing party
shall be entitled to recover from the other party its reasonable attorney's fees and
costs, in addition to any damages and/or equitable relief granted.
30. Developer agrees to pay Grantor a non-refundable crossing fee of $5000.00 upon the
execution of this Agreement.
31. Developer further agrees that it shall reimburse Grantor the reasonable costs it incurs
in association with this Agreement including any reviews for approval of work related
to maintenance, repair, replacement, inspection, and/or removal of the Crossings.
These costs may include, but are not limited to, Grantor's engineering costs for review
and any on -site inspection of work, Grantor's administrative costs and any of its
staffs on -site inspection of work, and legal fees associated with this Agreement.
These costs and fees shall be accounted for on a regular basis, or as soon as possible
upon the completion of the initial installation of the Crossings, any subsequent review,
and any on -site inspection time, and shall he reimbursable within forty-five (45) days
of submission of an invoice.
32. it is mutually understood and agreed that this Agreement and all the terms and
conditions contained herein shall extend to and be binding upon the parties hereto,
their successors and assigns, and shall be recorded in the office of the Weld County
Clerk and Recorder.
33. This Agreement may trot be assigned by either party without the prior written consent
of the other party. The rights and duties of the Parties under this Agreement shall
inure to the benefit and burden of the successors and assigns of the parties.
34. Venue for any litigation arising under this Agreement shall be exclusively proper in
Weld County, Colorado. This Agreement shall be construed and enforced pursuant
to the provisions of the laws of the State of Colorado.
[SIGNATURE ON FOLLOWING PAGE]
Remainder of Page Intentionally Left Bank
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GRANTOR: WRCC, INC.
106 Elm Ave.
Eaton, CO 80615
Russ effler, President
STATE OF COLORADO )
)ss,
COUNTY OF WELD
/1
The foregoing instrument was acknowledged before me this day of
by Russ Leffler, as President of WRCC, Inc.
Witness my hand and official seal. QQ
My commission expires: G�I'61,A0,,9,S
AUTUMN L PENFOLD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20014022034
MY COMMISSION EXPIRES AUGUST 15, 2025
U/ ,2025
5008157 01/29/2025 09:00 AM
Page 11 of 57
GRANTEE: PRAIRIE SONG DEVELOPMENT, LLC
4801 Gooc{n Street
TimnattC CO .{
By: c�v
Print: ane T. Westlind — VP of Land
STATE OF
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of a+ t 1 , 2025
by as ° ..r, -,Prairie Song Development, LLC.
Witness my hand and official seal.
My commission expires: Ki r t
9303'41 HOk1YVI 83dIidX3 NO1991WW00 AW
L9301011303 OI A YiON
Ot]YH0100 d0 I LVIS
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TIYM ]IHVW NV1111
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5008157 01/29/2025 09:00 AM
Page 12 of 57
GRANTEE: TOWN OF WINDSOR
3 c.
Print. Z-321,.,-, o r• v —e
STATE OF COL OV )
)ss.
COUNTY OF �J��� )
The foregoing instrument"was acknowledged before me this alb day of 3cI a 1I- IY
by`j 4 1,,{,ti(, as C , ss , Town of Windsor.
Witness my hand and official seal.
My commission expires: l.3 `I " p1✓off
KAITLYN CINNAMON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20224009974
MY COMMISSION EXPIRES 03-11-2026
,2025
Notary cF rblic
5008157 01/29/2025 09:00 AM
Page 13 of 57
GRANTEE: WELD COUNTY
1150 0 Street
Greeley, CO 80631
By: _
Print:
ferry L B . Chair
Board of Weld County Commissioners
STATE OF Colorado )
)ss.
COUNTY OF Weld )
The foregoing instrument was acknowledged before me this 27th day of January , 2025
by Perry L. Buck , as Chair , Weld County.
Witness my hand and official seal. �p
My commission expires: Qh,1�A' 2 bI 2.0 L O
ii)141.P_MCU/liPtittpl
Notary Public
HOUSTAN MARIE ARAGON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20244035426
MY COMMISSION EXPIRES SEPTEMBER 20, 2028
a 5_oa277
PRAIRIE SONG, LLC.
TACINCALA SUBDIVISION 2ND FILING
WELD COUNTY ROAD 72 EAST OF STATE HIGHWAY 257
LOCATED IN PORTIONS OF SECTIONS 4 AND 9, TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M ,
TOWN OF WINDSOR, COUNTY OF WELD, STATE OF COLORADO
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